Fairspaze.com (henceforth referred to as “the platform operator”) offers a variety of Internet services and/ or benefits to businesses and entrepreneurs on the one hand (henceforth referred to as “exhibitors”), and their customers on the other hand (henceforth referred to as “visitors”). Exhibitors are given the opportunity to present their product range all year-round using the Internet platform offered by the platform operator. Exhibitors may modify and/ or expand their product range an unlimited amount of times throughout the year. Visitors are given the opportunity to view all products on offer all year-round and if need be contact the exhibitors.
§ 1 Definitions
As laid out in §14 BGB, when completing any legal transaction, businesses and/ or entrepreneurs, thus exhibitors, are solely defined as any natural or legal persons, or any business partnership vested with legal capacity, who act within their commercial or freelance occupational capacity.
§ 2 Subject Matter of Contract, Right of Use
§ 3 Completion of Contract
3.1 If a license of a product agreement and/ or these terms and conditions is/are granted to the exhibitor by the platform operator, this constitutes a non-binding offer of contract conclusion
3.2 By sending an online application or delivering a product agreement signed by the exhibitor to the platform operator, the exhibitor tenders a binding offer of contract conclusion. This tender is binding for the exhibitor for a fortnight (two (2) weeks). The term commences upon receipt of tender by the platform operator.
3.3 Final contract conclusion occurs once the platform operator has notified the exhibitor of his acceptance of the tender in writing; or once the platform operator commences providing the service, specifically providing the exhibitor with access to the platform.
§4 Duration and Termination of Contract
4.1. Duration of the contract is limited to 12 months. It commences, unless otherwise agreed upon, on the day the platform operator commences providing the service. The contract is automatically renewed for another year, unless it has been terminated in writing within three (3) months prior to the end of the contract year.
4.2 The platform operator may give three days notice to terminate the contract at any time, insofar as gratuitous services are concerned.
4.3 The right of extraordinary notice of termination, with good cause, remains intact.
Unless §7 eventuates, good cause constitutes the following eventualities
If the exhibitor has defaulted on his payments for two consecutive months;
4.4 Any contract termination or cancellation only takes effect if submitted in writing.
§ 5 Exhibitor Responsibilities
5.2 The exhibitor shall give at least 48 hours notice to the platform operator prior to any foreseeable extraordinarily high usage of the service.
5.3 The exhibitor is obligated to provide the platform operator, as well as other exhibitors, with accurate, and complete information. Exhibitor registration must be done using accurate information. The exhibitor shall promptly notify the platform operator of any future change to his information. The same applies to all information provided by the exhibitor when setting up employee logins.
§ 6 Pricing Packages/ Fees and Payments
The total amount payable is subject to the product chosen by the exhibitor and the product’s listed price at the time of conclusion of contract. Unless otherwise agreed upon, all outstanding sums must be paid quarterly in advance. All fees are to be paid with current VAT added to the final amount.
A basic entry is free of charge and allows you to establish a microsite, which may include your company logo, a short company profile, as well as a link to your own company website.
Your monthly fee: €0
Our SMALL EDITION provides you with an individually designed and fully functional online trade fair stall. You choose your layout, shape and color from a variety of online trade fair stall templates. Using only a few keystrokes you can quickly furnish your trade fair stall with your company logo, products and service information. All technology based communication options, such as live chat, video, forum, events, etc. are already included.
Your monthly online trade fair fee: €139
You can upgrade to the BUSINESS or PREMIUM EDITION at any time
Our BUSINESS EDITION boasts all the same features offered as part of the SMALL EDITION, including all technology based communication options, such as live chat, video, forum, events, etc. We will also assume responsibility for setting up your online trade fair stall for you, using individual templates you provide (for example renderings of your actual trade fair stall) and showing up to eight different points of view. Moreover, you may take advantage of FAIRSPAZE’s unique guarantee of at least 10,000 online trade fair stall visitors per annum, using online search terms selected by you. (This package includes our money back guarantee)
Your monthly online trade fair fee: €279
You can upgrade to the PREMIUM EDITION at any time
Our PREMIUM EDITION contains all the same advantages laid out in the BUSINESS EDITION. Additionally you will receive ongoing support to ensure optimization of your online trade fair stall whenever you wish to make adjustments, expansions, exchange products or company presentations, etc. This all-inclusive package promises to keep your online trade fair stall as up to date and visible as possible resulting from regular maintenance based on your specifications and designs. Of course FAIRSPAZE’s unique guarantee of at least 10,000 online trade fair stall visitors per annum, using online search terms selected by you (and including our money back guarantee) cannot be lacking here.
Your monthly online trade fair fee: €389
§ 7 Default and Stoppage of Payments
7.1 In accordance with the conditions laid out in clause 45k of German telecommunications law (TKG ff.) the platform operator may either fully or partially block the exhibitor’s access to the platform. Such a block is especially justified if the exhibitor is defaulting on his payment obligations.
7.2 Furthermore, a block is fully justified if the exhibitor is in breach of his contract with the platform operator; or attempts to illegally access, take over or hack any online infrastructure or software made available by the platform operator.
7.3 If the platform operator falls behind on providing his services owed, liability becomes subject to legal requirements.
§ 8 Change of Contract, Price Adjustment
8.1 The platform operator reserves the right to change or adjust prices, definition of services or these terms and conditions.
8.2 The exhibitor shall be notified in writing about any changes or adjustments. If the exhibitor does not object to these changes within four (4) weeks upon receiving notice, the changes will be deemed agreed upon.
§ 9 Assignment, Set-off Rights and Possessory Lien
9.1 The exhibitor may not partially or in full transfer the conditions of his contract with the platform operator to any third parties.
9.2 The exhibitor may only offset the platform operator’s claims by filing uncontested or legally binding and absolute counter claims against the platform operator. The exhibitor is only entitled to the enforcement of possessory lien resulting from such counter claims, if they originate from the same contractual relationship under the law of obligations as those claims against which the possessory lien is offset. This restriction does not apply if the services owed by the platform operator, which are based on various product specifications, are intrinsically linked.
§ 10 Protection of Data Privacy, Credit Agencies
10.1 The platform operator deems the protection of the exhibitor’s privacy, relating to the exhibitor’s personal and business data, of the utmost importance.
10.2 As protection against loss of receivables, and the threat of improper use by third parties of the benefits and services offered, the platform operator retains the right to pass on information and make inquiries about personal contract data and any information regarding improper legal conduct. Examples of improper legal conduct include, but are to limited to, the termination of a previous contract due to defaulting on payments, law enforcement proceedings such as foreclosure, blocking of bank accounts and credit cards. Information may only be obtained from and passed on to reputable institutions such as SCHUFA (Schutzgemeinschaft für Allgemeine Kreditsicherung/ Society for the Protection of General Credit Security). The platform operator retains the right to obtain any such new information about the exhibitor, if it becomes available during the contract term. Data transfer exclusively occurs if it is deemed necessary for the protection of the platform operator’s, or any credit agency’s contract partner’s vested interests; and insofar as it does not interfere with the exhibitor’s interests worthy of protection.
§ 11 Warranty, Liability, Indemnity
11.1 Any warranty is subject to the statutory provisions.
11.2 In the event that German telecommunications law (TKG) is not deemed applicable, the platform operator shall not be liable for any mildly negligent violation of non-essential contract obligations.
11.3 The platform operator shall not be liable for any damages incurred as the result of an act of nature beyond his control. In particular this refers to any damages caused by acts of war or warlike operations.
§ 12 Final Clause
If any of the conditions laid out in this contract are deemed fully or partially not legally operative or impractical in their execution, or at a later date forfeit their legal validity or practicality, this shall not impact the validity of any other conditions laid out in this contract. The same is applicable if it is discovered that this contract contains any legal loopholes o reasonable errors. In lieu of any invalid or impractical obligations, and in lieu of any discovered loopholes or reasonable errors, a reasonable regulation shall be applied. This regulation shall, insofar as this is legally practical, come as close as possible to the original contractual obligation as initially agreed upon by the contracting parties; or the regulation shall come as close as possible to the original purpose laid out in the contract, provided this purpose was initially addressed by the contracting parties. This shall also apply to an obligation laid out in the original contract, which refers to an extent or measure, a service or term period (deadline of appointment) and is deemed invalid. In this instance the new substitute regulation agreed upon shall lay out any legally valid extent of service or term period (deadline of appointment) that comes as close as possible to the original intent. The platform operator’s place of business shall determine the place of jurisdiction.