27 Mar 2015
MappingMaster GmbH – Terms and Conditions (T&Cs)
(1) MappingMaster GmbH, Switzerland (hereinafter known as MappingMaster) shall perform its services exclusively on
the basis of these Terms and Conditions. They define
the contractual relationship between MappingMaster
and the customer. They shall also apply to all future services, even if not explicitly and separately stipulated.
(2) Deviations from these Terms and Conditions
are only effective where MappingMaster and the customer mutually agree to the deviation in writing. Contradictory or deviating business or purchase conditions of the customer shall otherwise not apply.
(3) Specific provisions related to external services may apply for the use of those respective services in addition to these Terms and Conditions.
Offers, Prices, Terms of Payment
(1) All offers are subject to change and exist without obligation. All prices are stated as 'net' plus the statutory VAT.
(2) Commissions and non-standard services shall be invoiced immediately and at least once per month. Unless otherwise agreed, payment shall occur by direct debit.
(3) Depending on the contract type (Dynamic Flex, Dynamic, Super Flat) ongoing Service fees shall be calculated either quarterly or annually in advance. Transaction fees are billed monthly. Payment is made by direct debit. Monthly payments made without the direct debit shall incur an Administration fee of € 2.50. Where postal invoicing is requested, a 5 € postage and handling fee shall apply.
(4) Project contracts shall be invoiced upon completion. MappingMaster is entitled to receive monthly payments for services provided within the scope of project contracts.
(5) The customer is obliged to pay any bank fees incurred where insufficient credit or any other reason result in non-payment during the direct debit process. In cases of chargeback (reversal of payment), MappingMaster shall charge the customer €15 for the recipient bank’s fees and the additional administrative expenses.
(6) MappingMaster is entitled to invoice late fees and any administration costs incurred. Furthermore, MappingMaster reserves the right to assign legitimate accounts receivable from the customer to third parties.
(7) In cases where the customer fails to process payment within the due date specified by MappingMaster, the customer shall be obliged to pay default interest in the amount of 4% per annum above the base lending rate of the European Central Bank. The customer may verify a lower amount of damages for a delay in payment.
In case of late payment, MappingMaster is entitled to deny further access to the service. Payment or reimbursement claims against the customer will be issued on a monthly or fortnightly basis, depending on the agreement, in addition to MappingMaster's fees.
Term and Termination
(8) The contract begins on the first day of fulfillment of performance, and is limited to the period of time stipulated in the contract. The contract may be terminated with 30 days' notice to the end of the month. Agreements made with a minimum term may only be terminated after the expiry date.
(9) Notice of cancellation must be given in writing. If there is reasonable suspicion of abuse, MappingMaster may deny usage of the service without notice. The customer is prohibited from using the services set out within the framework of this contract in an unlawful way. The customer bears liability for any illegal usage.
(10) Upon termination of the contract, MappingMaster has the right to delete all information related to the customer without reservation.
Use of external services
(11) MappingMaster functions only as an intermediary between the customer and the third party service provider. MappingMaster reserves the right at all times to either permanently or temporarily change, interrupt or discontinue all or individual services with or without notice to the user.
(12) Mapping Master disclaims all liability and warranty for the functionality of the external 3rd party services; for example, online reservation systems or their interfaces.
(13) The customer agrees not to upload or publish any unlawful content onto the MappingMaster server. The customer bears all responsibility for the publication content.
(14) The customer may not either in form, content or intended purpose violate the legal prohibitions or the rights and good reputation of third parties (naming rights, copyrights, other intellectual property rights etc.). Furthermore, the customer shall exempt MappingMaster from any claims and expenses incurred through the use of third party material.
(15) MappingMaster does not as a rule check or control content. However, it reserves the right to deny access to data when third-party claims of omissions are raised or the customer is not the legal owner of the published documents or files.
Data security and availability
(16) The customer is obliged to make backups of any data (text, images, files etc.) transmitted to MappingMaster in any form whatsoever. This shall be done in the interests of the customer, since despite regular backups of the data on the MappingMaster servers, it is technically not possible to rule out with certainty any loss of data.
(17) E-mails from customers shall be regularly downloaded and stored. MappingMaster shall not delete customer emails. However, data loss due to technical problems may never be excluded.
(18) MappingMaster shall make every effort to ensure continual availability of the offered services, but for technical reasons cannot guarantee 100 percent operational service.
(19) MappingMaster stores personal data related to the contract in accordance with § 33 BDSG of the Federal Republic of Germany, and shall, where appropriate, transmit this data to participating partners, agents and service providers.
(20) If the customer requests entry into Internet search engines and business directories, the relevant data must not be considered confidential and may be freely published by MappingMaster on the Internet, thereby making it accessible to third parties.
Liability and Indemnification
(21) No liability may be accepted by MappingMaster, their legal representative or agent directly, except in cases of gross negligence or willful breach of contract. The amount of any liability is limited to 12 times MappingMaster's average monthly commission for the service (less third party fees), with the applicable calculation period being limited to the last 12 months.
(22) This also applies to all claims for damages for whatever reason or amount.
(23) Any changes, additions, ancillary agreements, cancellation or the partial or total annulment of the contract must be made in writing, including any amendments or annulment of the written form requirement.
(24) MappingMaster reserves the right to change or supplement these T&Cs in the future. The customer shall be informed of any changes or additions to these T&Cs.
(25) The exclusive place of performance and jurisdiction for all disputes arising from the contractual relationship shall be Bern. The law of the Federal Republic of Germany shall apply.
(26) If any individual provision of this contract are deemed invalid or should the contract contain omissions, this will not affect the validity of the other provisions. In the event of an omission, a provision shall be deemed agreed which corresponds, on the basis of the purpose and meaning of the contract, to what the parties would have agreed had the parties considered the matter a priori.
In addition, the German Civil Code shall apply.
Bern, 27 March 2015
*Translator’s note: the above translation is for information purposes only. In case of dispute, the original German version of these Terms and Conditions shall apply.