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Terms and Conditions CAPinside

  1. scope
    1. These terms and conditions govern the rights and obligations of the parties regarding the use of the platform CAPinside GmbH. These terms and conditions apply to the exclusion of the general terms and conditions of the contracting party for all business relations between the contracting parties, unless expressly so something to the contrary has been agreed.
    2. The services and offers of CAPinside are exclusively based on of these terms and conditions. They also apply to all future business relationships and even then, if they have not been explicitly agreed again.
    3. CAPinside is entitled to change the terms and conditions at any time, if so, due to legislative changes, changes in case law or a change the economic conditions is required. About the changed terms and conditions the contracting party is informed by e-mail with instructions on the changes made. The terms and conditions are in their latest version at any time for download our homepage (www.CAPinside.com/agb). The changes are deemed agreed if the contracting party does not object within one week after receipt of the notice by email. It suffices the text form.
    4. The terms and conditions may be updated at www.capinside.com/agb be retrieved and printed.
  2. Services
    1. The offer of CAPinside is aimed exclusively at contracting parties who conclude the contract for a commercial purpose or the independent professional activity of the partner can be attributed.
    2. The subject of a contract is the provision of individualized, the respective prospective customer of the contracting party corresponding information and News from the financial industry by CAPinside, as well as the targeted marketing of the individually agreed products.
    3. The targeted marketing of the individually agreed products is carried out personally Agreement and in the context of the chosen package. The possibilities of marketing will be through CAPinside given. The individualization of the information and news provided takes place on the basis of the user profile, the booked packages, as well as its click behavior on the platform.
    4. The subject of the services provided by CAPinside is not the provision of Financial services of any kind. The platform is used solely for the provision of individualized information and articles for the contractor. CAPinside yields no advice on brokering and / or managing financial instruments. As far as the Contracting party based on the information provided by CAPinside, such as. Disclosures on fund products or prices, making business decisions, these alone are the responsibility of the user.
  3. conclusion
    1. The advertising and marketing packages offered by CAPinside are non-binding Request for purchase dar. Rather, it is a non-binding solicitation to the contracting party to submit an offer.
    2. Only after receipt of an individualized contract offer by CAPinside arises legally binding offer. If the contracting party accepts this by e-mail confirmation, arises a fee-based contract for the agreed services. CAPinside does not send any additional order confirmation, but rather receives the contracting party only one more bill.
    3. For price changes and increases CAPinside notifies the contractor by email. The contracting party has within two weeks the opportunity to terminate the contract by email. The text form is sufficient. If the contractual partner does not exercise his right of termination, the new prices become part of the contract.
    4. CAPinside reserves the right to request without further justification e.g. in case of missing identification of the contracting party, to refuse.
  4. Duty of cooperation of the contracting party
    1. To use the partially free and partially paid services of CAPinside, there is a registration obligation for the contracting party. Minimum requirements are here the full name, email address and password selection. Depending on the desired Performance further information of the contracting party is required:
      • Name and surname of the contact person / contract partner
      • company name
      • Full address
      • Further contact information, e.g. Telephone number, bookkeeping
      • Account Information
      • Sales tax identification number (located within the EU)
    2. The contractual partner is responsible for the accuracy, completeness and timeliness of his information solely responsible. He assures that the information provided by him is the comply with relevant laws and are not unlawful. The user may not use pseudonyms Use and inform CAPinside of any change in data immediately.
    3. In case of incorrect and / or incomplete specification of personal data, there are none Use and / or claims for damages against CAPinside.
  5. Prices and due date
    1. The prices quoted by us are net prices and are plus statutory VAT and other price components. Payment can be made by bank transfer, Credit card, Paypal or direct debit.
    2. The contracting party will receive an invoice as a PDF file by email. Payment made to the specified account. The invoice amount is due immediately upon receipt of the invoice and within pay a fortnight after receipt. If payment by direct debit, the contracting party has incurred costs incurred as a result of a chargeback due to insufficient funds or due to false transmitted payment data arise.
    3. In case of late payment, a one-time payment request in text form will be sent by email. After that, CAPinside charges a lump-sum reminder fee of € 5.00. Furthermore, the contracting party in default of payment of the statutory default interest of 9 percentage points above the current Committed base rate. Further claims for damages remain unaffected.
  6. Termination
    1. The contractual relationship is concluded between the parties for an indefinite period. If an agreed contract period exists, the contractual relationship ends with the passage of time, for which it has been entered. For recurring benefits and pacts on a specific date Both parties to the contract may terminate the contract by the end of the contract agreed period of time for good cause extraordinarily by email cancel with immediate effect.
    2. Are sales measures (third party distribution, institutional investors) agreed, these can be terminated within four weeks of the end of the next quarter. The extraordinary termination right remains unaffected.
    3. Both contracting parties may have an indefinite contractual relationship at any time with a deadline of four weeks to end the month properly. The text form is sufficient. The statutory right to extraordinary termination for good cause remains unaffected. An important reason exists in particular if the contracting party owes the debt Remuneration for the services provided is not or not as owed. CAPinside reserves the right to immediately delete the customer accounts in case of missing payment.
    4. The CAPinside GmbH as the operator of CAPinside reserves the right to use the platform to suspend an announcement from two weeks to the end of the month. With setting of CAPinside the usage relationship ends automatically.
  7. Availability
    1. CAPinside strives to make the platform and its services as interruptible as possible to provide. The availability depends on the technical and operational possibilities. Care and maintenance work can lead to a temporary failure. CAPinside always strives to announce in advance the unavailability of the platform and / or individual features.
    2. A failure referred to in paragraph 1 which occurs as a result of maintenance and / or is not considered to affect availability.
  8. Copyright and rights of use
    1. As far as copyrighted or trademarked material of the contracting party to CAPinside be handed over under a contractual relationship, the contracting partner CAPinside hereby free of charge, all non-exclusive, limited in duration and factual to the Scope of the respective contract limited rights of use. The contractual partner assures that transferred data, documents and materials are free from third party rights, respectively the rights of use fully entitled to the customer.
    2. The contractual partner shall indemnify CAPinside for any claims of third parties for infringement of copyrights other property rights through the use and exploitation of documents, data and materials.
  9. liability
    1. The liability of the provider for contractual and tortious breaches of duty is intentional and gross negligence is limited, liability for slight negligence is excluded. However, this does not apply to such damage resulting from injury to life, body or the health of the contractor.
    2. The limitation of liability of paragraph 1 continues to apply even if damages resulting from the violation the cardinal obligations of the provider arise, i. of such material contractual obligations, arising from the nature of the contract and in the event of their violation, the achievement of the purpose of the contract would be endangered; In that regard, the provider is liable for any degree of fault.
  10. confidentiality
    1. CAPinside undertakes to manage the data provided with the utmost care, in particular to handle the provided usage data confidentially and carefully.
    2. The contracting party commits itself at all times, the confidentiality and security of the Maintain credentials for CAPinside and not disclose them to any third party. The contractor is not authorized to assign or otherwise transfer his account details and access to third parties.
    3. CAPinside is entitled to transfer contractual rights and obligations to third parties without the consent of the customer.
  11. data protection
    1. All personal data will be solely in the legitimate interest and for fulfillment of the contract services of CAPinside collected, recycled and processed. The contract required disclosure of data is permitted.
    2. For any further information related to the handling of the provided Data of the contracting party refers CAPinside to the separate privacy policy (http://CAPinside.de/datenschutz).
  12. final provisions
    1. CAPinside and the contractor agree with respect to all legal relationships this contract, the application of the law of the Federal Republic of Germany under exclusion International Private Law and the UN Sales Convention.
    2. The place of performance is Hamburg. Jurisdiction for all disputes arising from this contract is also Hamburg, provided that the contracting party is a merchant, legal entity of the public law or special funds under public law.
    3. Should individual provisions of these terms and conditions be wholly or partially invalid or impracticable, this does not affect the effectiveness of the other provisions. In place of the ineffective clause An agreement comes closest to the intended content.
    4. Contract language is German. The German version of these terms and conditions alone is authoritative.