General Terms and Conditions of Qonda GmbH for the services and use of goqonda.io by companies, intermediaries and interpreters.
- Scope of application
- The following General Terms and Conditions apply to all contractual relationships between Qonda GmbH (hereinafter referred to as the Provider) and the companies, intermediaries and interpreters (hereinafter referred to as the Client) in relation to the services of the goqonda.io portal
- The provider offers a platform for consecutive and simultaneous interpreting for virtual conferences, meetings and livestreaming. as well as AI-supported products for entrepreneurs and legal entities as customers on the basis of these GTC.
- Conflicting, supplementary or deviating general terms and conditions of the customer shall not become part of the contract unless the provider has agreed to their inclusion in writing.
- Subject matter of the contract
- In accordance with the following provisions, the provider makes a database-supported system available to companies under the service on goqonda.io, from which companies can purchase a technical service with which they can translate web conferences, online conferences, livestream and video conferences, as well as book the appropriate interpreters directly via the goqonda.io platform. The customer can determine the scope of the content within the framework of the criteria selected and specified by the provider. The provider offers the customer the option of booking various forms of transmission or event forms, which differ according to the type and scope of the customer’s details and services and are priced according to different services.
- The exact scope of services of the individual booking options as well as the current prices are described in detail, can be viewed and calculated under “Book event” after logging in.
- For our SaaS solutions with a subscription, the scope of services is shown in detail in the price overview
- The customer decides to which of the specified selection criteria he is assigned on the basis of the existing and transmitted content. The provider reserves the right to make a different allocation after consultation with the customer.
- The provider undertakes to keep the customer’s data available for retrieval on the goqonda.io server for the entire duration of the agreement so that it can implement the event
- During the term of this contract, the provider is entitled to change the URL address of the goqonda.io website after giving one month’s notice in electronic form. This shall apply in any case as long as and to the extent that the contractual services are otherwise maintained in accordance with these provisions.
- The provider is entitled to suspend access to the goqonda.io website in whole or in part if and for as long as this is necessary for maintenance or repair work on the goqonda.io servers. The provider will endeavor to keep downtimes and maintenance periods as short as possible. In the event of such impairments, the customer shall not be entitled to a reduction in remuneration, termination of the existing contract or the assertion of claims for compensation.
III Conclusion of contract
- The customer must open an account (hereinafter referred to as “account”) before they can make bookings themselves. The account may only be opened by an authorized representative of the customer. The required data must be provided truthfully and updated immediately by the customer in the event of changes. They are stored in the provider’s database and invoiced depending on the scope of the booking they represent. The provider sends the customer a confirmation e-mail. Contracts between the provider and the customer are only concluded once the customer has calculated and booked an event. The selection is confirmed by the provider by e-mail. This e-mail is to be regarded as a commercial confirmation letter.
- If a booking is selected, a contract is concluded between the provider and the customer if the requirements of number 1 are met and the provider does not object within 14 days. An objection by e-mail is sufficient. The customer has no right to conclude a contract of use.
- The customer can register directly for the SaaS products and use the SaaS directly.
- If a contract is not concluded, the information stored in the database for this purpose will be retained for later login and booking by the customer so that he does not have to go through the registration process again.
- It is possible to change from a booking to a higher-value booking with more services at any time. It is only possible to switch from a booking with more services to a booking with fewer services if a framework agreement has been concluded with the customer and the customer pays on account after the event.
- The customer is responsible for maintaining the confidentiality of the login data. In the event of misuse or loss of login data or suspicion thereof, the customer must notify the provider.
- The provider may block the customer’s account in the event of suspicion or knowledge of breaches of the agreements until the entry has been clarified or amended.
- A subscription begins with the order and has a term of 12 months with a notice period of 1 month and must be sent in writing to support @ goqonda.io
- An invoice will be sent by e-mail to the e-mail address stored in the customer account after the contract has been concluded if the customer pays in advance. For payments by credit card, the invoice will be sent by e-mail after the end of the event. And customers with a framework agreement will receive an invoice after the end of the event. All prices listed are net prices.
- Payment for SaaS products is made exclusively by credit card
- Unless otherwise agreed, all invoices issued by the provider to the customer are due for payment without deductions within 7 days of receipt of the invoice.
- The provider is entitled to block or delete the affected event or SaaS service in the event of default of payment. Furthermore, an account may be blocked. This does not change the continued existence of the payment obligation and does not affect further claims due to default.
- With a subscription, the customer can choose between monthly payment or annual payment (advance payment).
- Obligations of the customer
- The customer must check the accuracy and completeness of the booked event on goqonda.io and change any errors independently.
- The customer must refrain from posting content on the goqonda.io website whose publication and distribution violates legal provisions and/or morality, for example through racist, sexist or violence-glorifying content. The customer assures that the content provided does not violate copyright, trademark, competition, criminal or data protection laws. The customer is solely responsible for the content of his event on goqonda.io and the content published there in relation to his products or activities and is obliged to check this conscientiously for legality and, if necessary, to have it checked by legal counsel. The customer is also responsible for the content of websites to which he provides access via hyperlinks, e.g. a chat, unless he himself effectively limits liability.
- The provider reserves the right to delete certain contents of a customer’s Internet presence or the entire Internet presence of a customer if these violate applicable law or the provider’s terms and conditions. As long as there is a dispute between the provider and the customer about the legality of the customer’s Internet presence, the provider is entitled to interrupt access to the customer’s Internet presence.
- The customer shall indemnify the provider against all third-party claims and all costs incurred in connection with a breach of the customer’s obligations under Section VI No. 2 and 3 of these terms and conditions. In particular, the customer shall also assume all costs, including the costs incurred for the defense of the provider’s rights, which the provider incurs due to infringement of the rights of third parties by the customer. All further rights and claims for damages of the provider remain unaffected.
- Rights and obligations of the provider
- With goqonda.io, the provider offers a platform for companies, intermediaries and interpreters on the Internet, where customers can book events for consecutive and simultaneous translations. The customer can create and manage these events independently.
- The provider merely provides the portal with its predefined structure. The provider always endeavors to ensure that the portal and its services can be used as smoothly and permanently as possible and to enable access to the information available there. There is no claim against the provider for trouble-free and permanent usability of the portal.
- The provider reserves the right to shut down the portal in order to update the database and/or the website.
- In the event that the customer provides or transmits content in connection with the services of goqonda.io to which he is entitled to copyrights or rights of use, goqonda.io is entitled to unrestricted use within the scope of the content of the contract.
- The provider attaches particular importance to compliance with the rules of data protection and data security (see data protection provisions).
- The following limitations of liability apply to contractual, quasi-contractual and statutory claims. Claims of the customer against the provider under the Product Liability Act remain unaffected by this provision.
- The provider is liable without limitation for damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty by the provider. The liability of the provider is limited to cases of intentional or grossly negligent action. The liability of the provider for the slightly negligent breach of essential contractual obligations is limited to the foreseeable damage typical for the contract. Any further liability of the provider for slight negligence is excluded. This applies analogously to the provider’s liability for legal representatives and vicarious agents.
- The Provider shall not be liable for operational disruptions for which the Provider is not responsible and which are caused by force majeure, nor for unforeseeable technical circumstances or temporary interruptions to the services for which the Provider is not responsible and which are caused by force majeure.
- The provider is not liable for the correct functioning of infrastructures or transmission paths of the Internet or a customer network that are not the responsibility of the provider or its vicarious agents, unless the provider is at fault.
- The provider is not liable for the failure of the functionality and freedom from interference of telecommunication lines operated by third parties, in particular the Internet service provider, insofar as the provider is not at fault. The Provider shall not be liable for the failure of the functionality of the telecommunications connection to the contractual servers, in the event of power failures and in the event of server failures beyond its control, unless the Provider is at fault.
- The customer undertakes to take appropriate measures in his own interest to avert and minimize damage. The customer is obliged to take customary protective measures against system damage and data loss on its IT systems. This includes in particular the installation of a virus protection program, which must be updated regularly, and the performance of regular data backups. The provider is not liable for damages resulting from the use of linked pages of the customer or linked pages connected to the customer.
- The provider predominantly makes third-party content available for use or refers to it. The provider is not liable for this third-party content that has been posted and/or released for publication by the customer himself in accordance with VI. no. 1 and 2.
- The provider accepts no liability for direct or indirect damages arising from the use of the goqonda.io website, reliance on the information contained therein or the downloading of data.
VIII. Contract term
- Unless otherwise agreed, the contract is concluded for one event at a time. Separate framework agreements are excluded from this.
- With a subscription, the term is always 12 months. This is automatically extended if the user does not cancel their account directly 30 days before the end of the contract term.
- The customer may only declare offsetting against claims of the provider with undisputed or legally established claims. The customer may only exercise a right of retention on the basis of undisputed or legally established claims against claims of the provider.
- The assignment of rights arising from a contractual relationship with the provider requires the prior written consent of the provider in order to be effective.
- Cancellation deadlines
- Cancellation deadlines for booked interpreting services are as follows:
– 30% if canceled from the 16th – 20th working day before the start of the order
– 50% if canceled from the 11th – 15th working day before the start of the order
– 70% if canceled from the 6th – 10th working day before the start of the order
– 100% if canceled up to 5 working days before the start of the order
- Final provisions
- The law of the Federal Republic of Germany shall apply exclusively to all contracts between the provider and the customer. The Vienna UN Convention on Contracts for the International Sale of Goods shall not apply.
- The place of jurisdiction is Wiesbaden. This also applies if the customer is a merchant, a legal entity under public law or a special fund under public law.
- The place of fulfillment for all services of the provider is Wiesbaden.
- Collateral agreements, amendments and supplements to these provisions must be made in writing. This also applies to the waiver of the written form requirement.
- The customer will be notified of changes to the General Terms and Conditions by e-mail, by a note in the customer account or when logging into the customer account in the “LOGIN” area. The changes shall become effective if the customer does not object to them by e-mail within 4 weeks. If the customer objects, this will result in the contractual relationship being terminated on the next possible ordinary termination date without the need for notice of termination. Price changes are not deemed to be changes to the terms and conditions.
- Should provisions of these GTC be invalid or unenforceable in whole or in part or lose their validity or enforceability at a later date, this shall not affect the validity of the remaining provisions.
Status: January 15, 2024