Terms and Conditions
1 Scope of application
The respective current version of the GTC’s shall apply to all present and future legal relations between the provider and the user, as far as these legal relations are related to the EOBCLUB. Extensions or restrictions of the AGB’s on the part of the user are excluded.
A use of EOBCLUB without consent to these GTC’s is inadmissible as well as a use bypassing the intended access ways.
The provider grants all registered users a simple right of use of EOBCLUB for the duration of the contract.
By registering the user agrees to these terms and conditions explicitly.
2 Subject of the contract
The provider operates a web-based marketing software, which is provided as a service for the user. The provider provides the technical platform for generating contacts via websites, for contact administration and for sending emails. The successful application of this technical platform is the sole responsibility of the user.
The provider is neither responsible for the content of the websites provided via EOBCLUB nor for the content of the emails sent via EOBCLUB, as a review from legal, factual or other aspects is not carried out.
The user shall pay a user fee corresponding to the contract period. After receipt of payment the service will be activated accordingly. The amount of the user fee as well as the corresponding scope of services can be found in the current price list.
Only legal entities and natural persons with unlimited legal capacity are permitted to register. When registering legal persons, the name of the natural person authorized to represent the company must be indicated.
The user assures that all data provided by him during registration (hereinafter referred to as user data) is true and complete. Furthermore, the user is obliged to notify the provider immediately of any changes to his user data.
During the registration process, the user must set a personal password to log in to EOBCLUB.
The user is obliged to keep his password secret in order to prevent misuse of his data. In return, the provider assures not to pass on the password to third parties and not to ask the user for it at any time.
Should there nevertheless be any misuse of data, the user is obliged to notify the provider immediately.
5 Conclusion of contract
By sending the registration form, the user makes a binding offer to the provider to conclude the contract for the use of EOBCLUB .
The provider accepts this offer by immediately sending a confirmation email in which the user receives his personal ID number. This is the conclusion of the contract.
6 Prices / Payment
The booking of the membership in the EOBCLUB is 1200,00 € per year. The duration of the membership is 12 months. It is not extended automatically.
No additional registration and setup fees) . * No additional costs if the advertisement is changed, updates e.g. for promotions are free.
Share your positive experiences and your success you have with the EOBCLUB with your friends and business partners.
The corresponding annual fee is due for payment immediately upon conclusion of the contract for the entire duration. The payment of the user fee can only be made via the payment systems offered by the provider. For this purpose, the user must place a corresponding order to settle the open invoice after conclusion of the contract. The user is obliged to pay in advance.
7 Term of the contract
The contract period extends to the minimum usage period booked by the user. Thereafter, the User shall extend the contract by paying a usage fee corresponding to the extension period booked. An automatic extension of the contract period does not take place.
8 Termination of the contract
No express notice of termination is required for ordinary termination of the contract at the end of the minimum usage period or subsequently at the end of an extension period by the User. If the User does not pay within four weeks of the end of the minimum usage period or an extension period, the contractual relationship shall be terminated automatically.
The Provider, on the other hand, may terminate the contract without giving reasons by giving 30 days’ notice to the end of the minimum usage period booked or subsequently to the end of an extension period. In this case, the notice of termination must be made in writing.
The right of both parties to terminate the contract without notice for good cause remains unaffected.
Good cause for the Provider shall be deemed to exist in particular if facts exist on the basis of which the Provider cannot reasonably be expected to continue the contractual relationship until the agreed termination of the contractual relationship, taking into account all circumstances of the individual case and weighing the interests of both parties to the contract.
Important reasons for the provider are in particular the following events:
Violation by the user of applicable law
Violation by the user of these terms and conditions
Violation of the EOB Club Guidelines
Violation of the anti-spam agreement
Possible loss of image of the provider due to the contractual relationship with the user (a loss of image can be assumed, for example, if the user spreads abusive criticism about the provider).
If there is an important reason, the provider can take the following measures independently of a termination without notice:
Blocking of the user account
Saying a warning letter
In the event of termination, the user account including all personal data stored by the user will be irrevocably deleted after a period of 30 days. Should the user wish to have his data deleted immediately, he can notify the provider. The credit balance reached until the termination will be paid out promptly. The down line will be allocated to the sponsor, no further claims arise for either side.
9 Refund of already paid fees
The user’s claim for reimbursement of already paid fees is generally excluded, especially if
the provider terminates the contract without notice for an important reason
the provider blocks access to the user account for an important reason
Only in the event of termination without notice by the user for good cause, the provider may reimburse already paid fees pro rata, but only if the cause falls within the provider’s sphere of responsibility.
10 Loss of use and maintenance work
The provider makes every effort around the clock to avoid malfunctions and loss of use. Nevertheless, the provider is also dependent on server providers and network providers, among other things, so that disruptions may occur from time to time which are not within the provider’s area of responsibility. In this respect, the provider does not assume any guarantee for permanent usage.
In the event of a significant loss of use, which is the responsibility of the provider, the provider decides at its own discretion and in good faith to issue the user with a credit note for the fee paid for the relevant period of use.
The provider will carry out scheduled maintenance work. These will be carried out at times with statistically low access rates if possible. During the maintenance work, functional restrictions of the services offered may occur. If possible, the user will be informed about such measures in advance by email. Relevant is the standard email address stored at EOBCLUB.
The maintenance work shall not be considered as malfunction or loss of use in terms of the above paragraph.
11 Disruption of the services of the provider
In connection with the use of EOBCLUB, the user agrees not to interfere in any way with the functionality of EOBCLUB or to access content in a disturbing way. Already the attempt is punished as a gross breach of duty and constitutes an extraordinary reason for termination in terms of § 9 of these terms and conditions. Furthermore, any measures that are alienated from the purpose of the contract are forbidden and could overload EOBCLUB in an unreasonable way.
12 Modification of the services by the provider
The provider reserves the right to further develop, change or remove individual features of EOBCLUB within a reasonable scope for the user.
13 Limitation of liability
Claims for damages – for whatever legal reason – against the provider (including his vicarious agents), which presuppose slight negligence, shall only exist if an essential contractual obligation / cardinal obligation has been violated.
In this case, claims for damages are limited to the amount of the typical foreseeable damage. Claims due to injury to life, body and health as well as due to material damage according to the product liability law remain unaffected.
The user shall indemnify the provider from all claims, including claims for damages, which other users or other third parties assert against the provider due to a violation of their rights by the content posted by the user in EOBCLUB. The user further indemnifies the provider from all claims, including claims for damages, which other users or other third parties assert against the provider due to the violation of their rights by the use of the services of the provider by the user. The user shall assume all reasonable costs incurred by the provider due to an infringement of third party rights, including reasonable costs incurred for legal defense. All further rights and claims for damages of the provider remain unaffected.
The above obligations of the user do not apply if the user is not responsible for the respective violation of rights.
If third party rights are infringed by the user’s content, the user shall, at the provider’s discretion and at the user’s own expense, either procure the right to use the content for the provider or design the content to be free of intellectual property rights. If the rights of third parties are infringed by the user’s use of the provider’s services, the user shall immediately cease the use contrary to the terms of the contract and/or unlawful use upon request by the provider.
15 Data Protection / Data Security
The provider attaches great importance to the protection of the user’s privacy. The collection of data is of course carried out within the framework of the legal regulations. The user’s data will not be passed on to third parties.
Due to the nature of the Internet, the provider cannot guarantee 100% data security, especially in data transmission, according to the current state of technology. The user therefore bears the responsibility for the risk of data transmission via the Internet and storage of data on servers accessible on the Internet.
Furthermore, the provider can view, change and delete the user’s data under strict confidentiality and exclusively for the purposes of technical administration, error correction and billing.
16 Written form / applicable law / place of jurisdiction
All declarations made in the course of this contractual relationship must be made in writing (letter, e-mail, fax) to be valid.
Swiss law shall apply to the exclusion of private international law and the UN Convention on Contracts for the International Sale of Goods.
If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and the provider is the respective competent court. Place of delivery and performance is the registered office of the provider.
17 Amendment of the AGB / severability clause
The provider reserves the right to change these terms and conditions at any time and without giving reasons. The modified terms and conditions will be sent to the user by email at least two weeks before they come into effect. Relevant is the standard email address deposited with EOBCLUB. If the user does not object to the validity of the new GTC within two weeks after receipt of the email, the amended GTC shall be deemed accepted. The provider will inform the user in the email containing the changed terms and conditions again separately about the meaning of this two-week period.
Should individual provisions of these GTC be invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision whose effects come as close as possible to the economic objective originally pursued by the contracting parties.