The terms and conditions listed below apply to all contractual relationships between BeMi Virtuell GmbH (referred to in the following as provider) and the companies, mediators and interpreters (referred to in the following as customer) regarding the services provided by the portal goqonda.io.
The provider offers a platform for consecutive and simultaneous interpreting for virtual conferences, meetings and live streaming. It also provides a platform for video conferences for customers, such as companies and legal individuals based on these terms and conditions.
The application of any contradictory, supplemental or differing general terms and conditions issued by the customer will not be deemed a component of the agreement unless the provider has given written consent to the inclusion of such terms and conditions.
Under Service on goqonda.io, the provider offers, according to the following provisions, a database-supported system for companies from which the companies purchase a technical service that enables them to translate web conferences, online conferences, live stream, and video conferences. It also allows them to book a suitable interpreter directly via the platform goqonda.io. The customer can determine the scope of the content within the criteria selected and specified by the provider. The provider offers the customer the option to book different transmission and event models that differ according to the type and scope of information on the customer and services. Differential pricing is utilized for the various services.
After logging in, the exact scope of service of the individual booking options and the current prices are described in detail and can be viewed and calculated under “Book Event”.
Based on the available and transmitted contents, the customer determines the selected criteria to which they will be assigned. The provider reserves the right to issue another assignment after consultation with the customer.
The provider agrees to maintain the customer’s information on the goqonda.io server for the entire duration of the agreement in order to retrieve data to conduct the event.
During the agreement’s duration, the provider is authorized to change the URL address of the goqonda.io. website, after providing one-month advance notice in electronic form. This also applies so long, and insofar the contractual services according to these provisions remain unchanged.
The provider is authorized to suspend access to the goqonda.io website in total or partially insofar and as long it is necessary for maintenance or repair of the goqonda.io servers. The provider will endeavor to ensure that downtimes and maintenance periods are kept to a minimum. In the case of corresponding impairments, the customer is not entitled to a reduction of payment, termination of the existing agreement, or to exercise compensation claims.
The customer must open an account (in the following account) before they can make any bookings. Only an authorized representative of the customer may open the account. The required information provided must be true and accurate. The customer agrees to update the data immediately in the event of any changes. It will be stored in the provider’s database and invoiced depending on the scope of the depicted booking. The provider sends a confirmation via e-mail to the customer. Agreements between the provider and the customer are concluded only once the customer has calculated and booked an event. This e-mail is to be deemed as a commercial letter of confirmation.
If a booking is selected, then an agreement between the provider and customer is concluded if the provisions stipulated in number 1 are fulfilled, and the provider does not object to the booking within 14 days. An objection via e-mail is sufficient. The customer is not entitled to a license agreement.
If an agreement is not concluded, then the information stored in the database for this purpose will be retained for a later log in and, if applicable, for a customer’s booking, enabling them to forgo the registering process.
A booking can be changed to a higher quality booking by adding more services at any time. Adjusting a booking with more services to a booking with fewer services is only possible if a framework agreement was concluded with the customer and they pay upon receipt of an invoice after the event.
The customer bears the sole responsibility for the confidentiality of the registration data. In case of misuse or loss of the registration data or it is suspected, the customer must inform the provider.
If violations to the agreements are suspected or known, the provider can block the customer’s account until the registration has been clarified or modified.
After concluding the agreement, an electronic invoice will be sent to the e-mail address stored in the customer account if the customer pays in advance. The invoice will be sent via e-mail after the event has taken place for payments using credit cards. For customers with a framework agreement, the invoice will be sent after the event has taken place. All listed prices are net prices.
Unless otherwise agreed, all invoices issued by the provider to the customer are to be paid within 7 days after receipt of the invoice without deductions.
The provider is authorized to block or delete the respective event in case of a delay in payment. Furthermore, an account may be blocked. This does not change the obligation to pay, nor does it affect further rights due to the delay in payment.
The customer is solely responsible for ensuring that the event booked on goqonda.io is correct and complete and for the rectification of any errors.
The customer must refrain from posting any contents on the goqonda.io website that, when published and distributed, may violate any legal provisions or are immoral, such as contents that are racist, sexist, or glorify violence. The customer ensures that their contents do not violate copyright, trademark, competition, criminal, or data protection rights. The customer is solely responsible for their event’s contents on goqonda.io and the contents published there regarding their products or work and agrees to check the legality of these contents diligently and, if necessary, have them reviewed by a legal adviser. The customer is also responsible for the content of websites that they open using hyperlinks, e.g., a chat from an access option, provided the customer does not effectively limit the liability themselves.
The provider reserves the right to delete specific contents of the customer’s website presence or their entire website presence if it violates valid laws or the provider´s terms and conditions. As long as the legality of the website presence is disputed between the provider and customer, access to the customer´s website presence will be interrupted.
The customer releases the provider from all third party claims and all costs related to a violation of the customer’s duties from Section VI no. 2 and 3 of these terms and conditions. In particular, the customer assumes all costs that arise for the provider due to the violation of third parties’ rights, including the costs arising for the defense of the provider’s rights. All further rights and claims for compensation of the provider remain unaffected.
The provider offers an online platform through goqonda.io for companies, mediators, and interpreters in which customers can conduct events for consecutive and simultaneous translation. The customer can create and manage these events themselves.
The provider only furnishes the portal with its existing structure. The provider endeavors to ensure the most possible trouble-free and sustainable use of the portal offered and enables these services and access to the information available on this portal. There is no claim against the provider for trouble-free and sustainable use of the portal.
The provider reserves the right to update the database and/or to shutdown the website.
If the customer transmits or submits contents in connection with the services of goqonda.io, for which they are entitled to the copyrights or usage rights, goqonda.io is authorized to unlimited use within the framework of the scope of the agreement relationship.
The provider is dedicated to the compliance of the data protection guidelines and data security (see data protection provisions).
The following limitations of liability apply to contractual, quasi-contractual, and legal claims. Customer claims against the provider from product liability law remain unaffected by this regulation.
For damages arising from injury to life, body or health that are based on intentional or negligent breach of duties by the provider, the provider assumes unlimited liability. The liability of the provider is limited to cases of intentional or grossly negligent conduct. The liability of the provider for the minor negligent breach of contractual duties is limited to the foreseeable damage typical of the contract. Furthermore, the liability of the provider due to minor negligence is excluded. This also applies to the liability of the provider for legal representatives and vicarious agents.
In case of malfunctions, unforeseeable technical circumstances or temporary service interruptions for which the provider cannot be held responsible or caused by force majeure do not constitute liability on the provider’s part.
The provider is not liable for the correct function of infrastructures or transmitting paths of the internet, or a customer network that does not fall within the provider’s area of responsibility or vicarious agents insofar the provider is not at fault.
The provider is not liable for the downtime or functionality and trouble-free of telecommunication lines operated by third parties, particularly by the internet service provider, provided the provider is not at fault. The provider is not liable for the failure of the telecommunication connection’s functionality to the contractual servers in case of power outages and server failures that do not fall within its area of responsibility, provided the provider is not at fault.
In their own interest, the customer is obligated to take appropriate measures to avert and reduce damage. The customer is obligated to take customary protection measures on their IT systems to protect against damage to their system and data loss. This includes, in particular, the installation of a virus protection program that is updated regularly and conducting regular data backups. The provider is not liable for damages incurred due to the use of the customer’s linked sites or with their connected (linked) sites.
The provider maintains and references predominately third party contents. The provider is not liable for these third party contents that are posted by the customer himself according to VI. no. 1 and 2, and/or for that were released for publication.
The provider does not assume any liability for indirect or direct damages that arise due to the use of the goqonda.io website or based on the trust placed on the information contained in the website or the download of data.
Unless otherwise agreed to, the agreement shall be concluded respectively for one event. Special framework agreements are excluded.
The customer shall only have the right to compensation for undisputed or legally established claims for claims issued by the provider. The customer shall only have the right of retention for undisputed or legally established claims for claims issued by the provider.
The assignment of rights from a contractual relationship with the provider requires the provider’s previous written consent.
The cancellation periods for booked events are as follows.
2 days prior to the begin of an event 80%.
5 days prior to the begin of an event 50% and with
10 days prior to the begin of an event 10%. However, the following cancellation periods shall apply when booking interpreting services:
– 30% for cancellation of 16th – 20th workday before beginning an order
– 50% for cancellation of 11th – 15th workday before beginning an order
– 70% for cancellation of 6th – 10th workday before beginning an order
– 100% for cancellation up to 5 workdays before beginning an order
An event can be postponed after booking up to a maximum of 60 days. The number of participants can be reduced by a maximum of 10%. Translation channels (language combinations) can be reduced. These will be invoiced at 50% cancellation costs.
All agreements between the provider and the customer shall be subject exclusively to the laws of the Federal Republic of Germany. The Vienna UN agreement for contracts of the international sale of goods is not applicable.
The court of jurisdiction is Wiesbaden. This also applies if the customer is a merchant, legal entity, or special funds under public law.
The place of performance for all services of the provider is Wiesbaden.
Ancillary agreements, revisions, and amendments to these provisions require the written form. This also applies to the revocation of the requirement for the written form.
The customer shall be informed of any changes to the general terms and conditions via e-mail, or through notification in the customer account or within the scope of the login to the customer account in the area “LOGIN”. The changes will become effective if the customer does not object to them within 4 weeks via e-mail. If the customer objects, this shall lead to a termination of the contractual relationship at the next permissible termination deadline without the requirement of a formal termination notice. Price changes do not constitute a change of terms and conditions.
If any provisions of these terms and conditions are deemed invalid or partially invalid or cannot be implemented or become unenforceable at a later date, the validity of the remaining provisions shall not be deemed invalid.
Status: June 01, 2020