§ 1 Scope of application, definitions
(1) The business relationship between TEMPULSE.GLOBAL, represented by Bernd Ferber (T8 Maple Avenue Stillorgan/Sandyford Industrial Estate Co Dublin A94RT20 Ireland) hereinafter referred to as “Supplier”) and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the customer shall not be recognized unless the supplier expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.
§ 2 Conclusion of contract
(1) The customer can select products from the provider’s range and collect them in a so-called shopping cart using the “Add to cart” button. After pressing the “Checkout” button, the customer can select his personal data (name, address, delivery and billing address, means of payment). In the final step, the customer is shown their entries and the products they have selected on the “Check and order” page. The customer can make changes using the “Edit” button. By clicking the “Buy now” button, the customer submits a binding request to purchase the goods in the shopping cart. However, the request can only be submitted and transmitted if the customer confirms the order by clicking on the
“Accept terms and conditions” to accept these contractual conditions and thereby include them in his application.
(2) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation).
The text of the contract is stored in compliance with data protection regulations.
(3) The contract shall be concluded in German.
§ 3 Delivery, availability of goods
(1) Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price. If no or no deviating delivery time is specified for the respective goods in our online store, the delivery time is 5 days.
(2) If no copies of the product selected by the customer are available at the time of the customer’s order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.
(4) There are no delivery restrictions: The supplier delivers to customers worldwide.
§ 4 Retention of title
The delivered goods remain the property of the supplier until full payment has been made.
§ 5 Prices, shipping costs and rebooking
(1) All prices stated on the provider’s website include the applicable statutory value added tax.
(2) If you are unable to attend, we offer you the option of rebooking the event. The costs incurred by us for this will be charged (499.- Euro TEMPULSE.GLOBAL CORPORATE-TRAINING, 199.- Euro TEMPULSE.GLOBAL DIGITAL ONLINE-TRAINING). The rebooking costs include statutory value added tax.
In return, you can flexibly adapt the event to your preferred dates. Please note! This is only possible if the “desired date” is not already fully booked.
(3) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal. From an order value of 40 EUR, the supplier delivers to the customer free of shipping costs.
(4) The goods shall be shipped by a parcel service provider. The shipping risk is borne by the provider if the customer is a consumer.
(5) In the event of revocation, the customer shall bear the direct costs of the return shipment.
§ 6 Payment modalities
(1) The customer can make payment in advance via paypal plus or SOFORT Überweisung.
(2) The customer can change the payment method saved in their user account at any time.
(3) At the explicit request of the customer, it is possible to ask for an installment payment agreement (plus a one-time 5% surcharge on the net total amount). If the provider agrees, the invoiced amount shall then be paid in three consecutive monthly installments of 1/3 each by no later than
15th of the month. In the event of late payment, the total amount is due immediately.
§ 7 Warranty for material defects, guarantee
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
(2) An additional guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item.
The provisions of the Product Liability Act remain unaffected.
§ 9 Cancellation policy
(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, about which the provider provides information below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (3).
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise the right to cancel, you must inform TEMPULSE.GLOBAL, represented by Bernd Ferber , T8 Maple Avenue Stillorgan/Sandyford Industrial Estate Co Dublin A94RT20 Ireland, E-Mail: widerruf@tempulse.global) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
(2) The right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery, nor does it apply to contracts for the delivery of newspapers, magazines or periodicals with the exception of subscription contracts.
(3) The provider shall provide the following information about the model withdrawal form in accordance with the statutory provisions:
Sample withdrawal form
(If you wish to cancel the contract, please fill out this form and send it back to us).
To [TEMPULSE.GLOBAL, represented by
Bernd Ferber
T8 Maple Avenue
Stillorgan/Sandyford Industrial Estate
Co Dublin A94RT20
Ireland]:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate
§ 10 Data protection
TEMPULSE.GLOBAL, represented by Bernd Ferber and his team, will under no circumstances pass on your data to third parties for their promotional use.
We undertake to comply with the statutory data protection regulations within the scope of the booking by the customer and the booking processing, in particular to observe the Federal Data Protection Act (BDSG) in order to achieve sufficient protection and security of customer data.
§ 11 TEMPULSE.GLOBAL (TRAINING CAMP)
(1) The TEMPULSE.GLOBAL TRAINING-CAMP has a term of 12 months and is not automatically extended.
(2) Membership may be terminated prematurely by giving three months’ notice. Any termination or cancellation must be in writing to be effective.
(3) Payment of the fees shall be made exclusively by direct debit for the period of the TEMPULSE.GLOBAL TRAINING-CAMP. The customer must complete the SEPA direct debit mandate and send it to the provider. The monthly installments will be debited in advance at the beginning of each month.
§ 12 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the irrevocable exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the customer 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 customer and the provider is Limburg.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
Status: 23.12.2023
Terms and Conditions
§ 1 Scope
1.1 These general terms and conditions (gtc) of TEMPULSE.GLOBAL (“TEMPULSE”, T8 maple avenue Stillorgan/Sandyford Industrial Estate Co Dublin A94RT20 Ireland) apply to all our business ties and contracts, that the customer concludes with TEMPULSE for the services represented on this website.
1.2 This also includes the granting of powers of attorney and the partial exemption from the postal privacy (§ 8). At the end of this text, we will inform private customers about the right of reservation to wish they are entiteld according to the statutory provisions. Business customers are not granted a voluntary right of revocation.
1.3 TEMPULSE provides the provision of virtual office services, allowing to use post boxes, phone numbers and other TEMPULSE virtual office services.
1.4 Our services and offer are made exclusively on the basis of these general terms and conditions therefore apply to all future business relationships with companies, even if they are not expressly agreed again, as well as for the TEMPULSE SERVICES offered free of charge. The inclusion of terms and conditions of a customer, wish contradict our terms and conditions, is already contradicted.
1.5 References to the validity of statutory provisions have only clarifying importance. even without such clarification, therefore, the statutory provisions apply, unless they are amended or expressly excluded in these terms and conditions.
1.6 You can recall and print the currently valid terms and conditions on the website https://www.tempulse.global/terms-and-conditions.html.
§ 2 Definitions
2.1 “Customers” within the meaning of section 1 (1) are both customers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for purposes that are predominantly either commercial or independent professional activity. An entrepreneur, on the other hand, is any natural or legal person or partnership with legal capacity who, in the course of entering into a legal transaction, is exercising his / her independent professional or commercial activity.
2.2 “Mailbox” is a mailing address that we provide3 for the receipt of correspondence and consists of a recipient name.
2.3 “Scan” is a scanning process in wish “Scan templates” such as documents, letters or other printed documents are optically captured and stored in a digital data format as a “Scan result” as part of a “Scan job”.
2.4 “License Administrator (s)” means the users whom you have designated by using the enterprise account, who are authorized purchase licenses online through the TEMPULSE Customer Panel and to create user accounts with the TEMPULSE Customer and otherwise manage your use of the service.
2.5 “License Term” means the period of the enterprise account in wish a certain number of users are licensed to use the service.
2.6 “TEMPULSE CUSTOMER PORTAL” means TEMPULSE`s Online Application that allows the designated License Administrator to, among other things, subscribe to various functions within the service.
2.7- “SERVICE” means the TEMPULSE SOFTWARE SYSTEM, including features provided by the TEMPULSE CENTRAL SYSTEM, TEMPULSE TELEPHONE SYSTEM, TEMPULSE CUSTOMER SOFTWARE and TEMPULSE APIs and Interfaces, the products and services to which you access, including clever technology and content.
§ 3 Content and accessibility of the Website
3.1 The contents of the platform are carefully compiled and maintained by TEMPULSE nevertheless, errors may occur, so that the accuracy of the contents of TEMPULSE can not be guaranteed.
3.2 TEMPULSE is committed to high technological standards. Nevertheless, if cannot be ruled out that errors will occur in hardware and / or software that affect the availability of the TEMPULSE offer. Consistent accessibility and availability cannot be guaranteed by TEMPULSE. TEMPULSE reserves the right to extend, adapt, or reduce its functions as long as it is used as a technical improvement, necessary to reduce abuse, or requi9red by TEMPULSE for legal reasons.
3.3 For predictable failures due to maintenance work, the customer will be notified in advance and within a reasonable time. Corresponding claims cannot be asserted in this regard.
3.4 The TEMPULSE.GLOBAL SERVICE for registering incoming mail, scanning and forwarding cannot be guaranteed from December 24th to January 2nd.
§4 Registration
In order to book our products, you must first register with us with an e-mail and a password. Registration is free and can be terminated at any time without notice. Terminations can be sent by e-mail to datenschutz@tempulse.global. Each registered customer receives a direct password-protected access. Only the registration entitles to the use and booking of the online offers on https://www.tempulse.global.
§ 5 Use of TEMPULSE.GLOBAL
5.1 As part of your registration you will be asked to submit the e-mail address and a password. You are responsible for ensuring that the data is complete and truthful. After completing the registration process, you will receive a confirmation of your registration by e-mail. You now have access to the booking overview of all TEMPULSE products. You are obligated to treat this password as well as any other access data confidentially and to protect it from access by unauthorized third parties. TEMPULSE reserves the right to refuse registrations without giving reason.
5.2 You are prohibited from using TEMPULSE.GLOBAL outside its intended scope, in particular to disrupt or manipulate technical processes. Interference with the intent to gain unauthorized benefits to the drawbacks of TEMPULSE or other customers will result in the immediate loss of use of the TEMPULSE Products and the blocking of the account.
5.3 You may not access the service if you are a direct competitor of TEMPULSE, except with the prior written consent of TEMPULSE. In addition, you may not access the service to monitor its availability, performance, functionality, or other benchmarking or competitive purposes.
5.4 You may to use the service for your own and / or business purposes only and may not: (i) send spam or other duplicate or unsolicited messages that violate applicable law; (ii) to send or store infringing, obscene, threatening, defamatory, or otherwise unlawful or unauthorized material, including material that harms children or violates the privacy of others, (iii) sending or storing material containing software viruses, worms, trojan horses or other malicious computer code, files, scripts, agents or programs; (iv) affects or disrupt the integrity or performance of the service or the data contained therein, or (v) attempt to gain unauthorized access to the service or its related systems or networks.
5.5 You are only authorized to register and operate a customer account (“Account”) at the same time on TEMPULSE.GLOBAL. If TEMPULSE detects multiple registrations, they will be deleted.
5.6 In the password-protected section “My Account” on TEMPULSE.GLOBAL you can view your ordered products as well as your usage and booking processes and, if necessary, change these as well as manage and save your own data and any subscriptions to newsletters.
5.7 TEMPULSE reserves the right to caution you, terminate your account or modify or delete content transmitted by you, if you violate any of the provisions of this § 3 (virtual house right). Any claims for damages by TEMPULSE remain unaffected.
§ 6 Contracting party, language and contract
6.1 When concluding contracts on TEMPULSE.GLOBAL, your contractual partner is solely TEMPULSE.
6.2 TEMPULSE.GLOBAL is operated in German, English, Spain and Persian, contracts on TEMPULSE.GLOBAL are conclude in German, English, Spain and Persian. German law is applicable.
6.3 The presentation of the various TEMPULSE Products does not constitute a binding contract offer within the meaning of § 145 BGB but is to be understood as an invitation to summons an offer (invitation ad offerendum).
6.4 By clicking on the button “Order with the obligation to pay” you make a binding purchase offer (§ 145 BGB).
6.5 Upon receipt of the purchase offer by TEMPULSE, you will receive an automatically generated e-mail confirming that we have received your order (acknowledgment). This acknowledgment of receipt represents the acceptance of your purchase offer. A contract is concluded by the acknowledgment of receipt.
6.6 By submitting the offer, the customer assures that he is of legal age and – if he wishes to conclude the contract in the name of company – that he is entitled to conclude this contract.
6.7 The customer is obliged to state truthfully whether he is a private or business customer within the meaning of section 2.1 TEMPULSE may verify this information. At our request the customer is obligated to prove his position as a business customer, for example by presenting a trade license.
6.8 TEMPULSE will send you the order data and revocation instructions by e-mail. The terms and conditions can be viewed at any time at https://www.tempulse.global/terms-and-conditions.html. You can view your user and booking behavior in your account.
§ 7 Verification
7.1 For each postbox and telephone number, the customer must verify him/herself according to the respective country-specific requirements. For that one or more personal id documents or a document confirming the leadership of a company or address must be uploaded. Verification is done by completing the provided online form and uploading the relevant documents. The process and confirmation of the verification can take up to 72 hours (Working Days only) our verification team will confirm your successful verification or ask you more questions for clarification. You can find the current status of your review under services/verification.
7.2 Without verification, TEMPULSE may already receive and retain mail and parcels for you for the selected Mailbox, however, scanning, forwarding and destruction of the mailings may not occur until the verification has been successfully completed.
7.3 Even without verification, the contract is effectively concluded and the fee for the selected product is payable.
§ 8 Powers of attorney, Postal secretary, Legal effects deliveries
8.1 The TEMPULSE.GLOBAL Postal Address can be used as business address during the contract period in business transactions. To use the Business Address for entries in public schedules or registers (e.g. commercial or trade registers) this service does not entitle to do so, unless the address is expressly marked as a postal address or as a dependant branch. Furthermore, the customer must independently ensure that the legal and actual requirements according to the country-specific guidelines / laws/ regulations for the use of the business address are met. TEMPULSE assumes no liability.
8.2 In addition, with TEMPULSE’s Booking of the product “Registered Address” the customer acquires the authority to provide the address as the sole business address for all other business applications and requests for registration (e.g., commercial register entry). In any case, the customer is prohibited from using the address beyond the end of the contractual relationship. In the event of unauthorized use of the business address for a period of six weeks after the end of the contract, EMPULSE may share a fine of €2000 per month. TEMPULSE also reserves the right to initiate further legal action.
8.3 The customer shall independently ensure that the use of the address complies with the commercial, tax and other legal or actual requirements in the respective country for the commencement or continuation of his business activities and any desired commercial register entries or other approvals/authorizations.
8.4 TEMPULSE will accept mailings from the customer under the respectively agreed addresses and, by providing the necessary equipment and informing the relevant service providers, will ensure that all shipments addressed to the provided address reach the customer reliably. For any mistake of third parties no liability is accepted. Before the service is started by TEMPULSE, the customer has to sign a power of attorney.
8.5 The customer authorizes TEMPULSE to commission, to the extent necessary, forwarding orders from one or more postal service providers (such as deutsche post ag). This includes follow-up orders. The postal acceptance covers any and all letter mail of all kinds, postcards, press products, parcels, consignments of goods and express shipments. The TEMPULSE MAILBOX ADDRESS may also be used by the customer to receive all official mailings, e.g. correspondence with authorities, courts and judicial authorities, as far as this is possible according to the country-specific regulations. The customer acknowledges that some mailings require the physical presence of the customer to be deliverable, and TEMPULSE cannot accept the mail in these cases.
8.6. TEMPULSE is not obliged to accept registered mail or orders, or to accept payments on behalf of or for the customer, if this results in any obligation or expense for TEMPULSE.
8.7 Every impression is to avoid in the legal and business transactions, that the activities initiated by you are attributable to us or caused by us.
8.8 It is not permitted to use a Postbox Address without prior written confirmation by TEMPULSEas a return address for mailings in the context of direct marketing campaigns or similar to use. any additional expenses arising from this will otherwise be charged to you. Violations are regarded as abservsive use of our services.
8.9 The customer releases TEMPULSE in this respect from the protection of the postal secrecy, as it is necessary to provide our services.
8.10 The acceptance of letter and parcel shipments by TEMPULSE may trigger time limits for customer. It is the responsibility of the customer to check his mailbox daily in order, among other things, to avoid unwanted storage costs.
§ 9 Use and Scope of Service of TEMPULSE.GLOBAL Account
9.1 When customer opens a Postbox at a US-Site, each natural person or association of individuals must complete a separate united states postal service form 1583 (“form 1583”) to receive mail and / or parcel mail in the mailbox.
9.2 You may use the features of the TEMPULSE WEBSITE and the account you have booked immediately after the conclusion of the contract. TEMPULSE can begin digitizing letter and parcel shipments immediately if the postal service provider (such as Deutsche Post AG) handles the forwarding of the customer addressed mail to TEMPULSE. This can take a few days.
9.3 TEMPULSE accepts mail and parcel shipments for the customer at the booked mailing address and informs the customer about them, unless the customer has changed the default setting for notification. Subsequently, the customer has the option to scan only the envelope as well as the contents of the letter or to send the letter / post to the further address.
9.4 When a “Content Scan” is ordered on a package, TEMPULSE takes a picture of the content without removing it from the box. If the package is an Amazon / EBAY or return package, the image will contain the return barcode. If an article contains several other articles, such as letters or individual packages, each article in a scan article order is added to the customer account as a new article. The included articles will not be opened.
9.5 If an item contains a pin document (for example, a bank card, rear view of a credit card), the pin document is registered as a new item in the postbox as a “Content-Scan”. This is only at the expressly written request of the customer.
9.6 If an oversize item is received, it will be registered as an oversize item / box in the system. An article is considered as an “Oversized Package” if it exceeds the following dimensions: length: 60 cam, width: 40 cm; height 40 cm or 65 kg or if a dimension is greater than 100 cm. such articles do not have a free storage period in any of the bookable mailbox types. On these postal items daily storage fees are charged according to the price list of this box. The calculation for the daily storage fee is: (length x width x high/1.000.000 x price factor. (The price factor is a factor in the price list that is determined for each postbox). If no price factor is determined, the default price factor is 50).
9.7 If it is not possible to determine to whom an item belongs, the item of mail will be returned to the appropriate delivery service stating that the item was undeliverable.
9.8 The exact scope can be found in the performance overview, wish is available for private and business customers at: https://www.tempulse.global/pricing/prices TEMPULSE is also not obliged to provide services if a postal service provider refuses to deliver to TEMPULSE. Letters or documents that violate legal or official prohibitions are excluded from digitization.
9.9 The digitization of the mail or the documents takes place exclusively on working days and within approximately 24 to 48 hours from receipt of the mail or the documents at TEMPULSE. This period is extended for 100-page mail or if necessary information for a shipment (e.g. customs information) is not provided by the customer.
9.10 The displayed processing times are not binding in any way. Binding processing periods must be agreed with TEMPULSE in advance. The observance of processing periods depends on the timely and proper fulfillment of the contractual obligations of the customer. TEMPULSE may set a grace period if the specified deadline is not met and the customer can only withdraw from the contract after the grace period expires without result.
9.11 Due to the processes it can occasionally come to damage of individual documents of the correspondence or to the non-registration of individual pages of ad document within the digitization of correspondence. Should this be the case, TEMPULSE shall be entitled to make changes required to the correspondence service to the individual correspondence documents concerned for the purpose of improving their identifiability (“correction process”). To clarify this, the customer affected by the correction process is not entitled to any price reduction or other claims for defects.
9.12 In addition, clarifying and beyond the correction process, there is no review of the letter and parcel traffic on its substantive plausibility and its legality.
9.13 TEMPULSE is free to have the service performed in whole or in part by a third party (e.g. subcontractor).
9.14. TEMPULSE reserves the right to cancel an order or the contract for events where TEMPULSE cannot process a scan or forwarding order.
9.15. Mail items that need to be paid upon delivery can generally not be accepted by TEMPULSE. However, if TEMPULSE accepts a delivery that requires a payment the customers will be charged for the amount paid plus the fees according to our price list.
9.16. Once the mail has been scanned, the customer can obtain the scan result in the booked postbox in his account for a one-year period. After the item of mail has been destroyed or forwarded to the customer, the digital document is placed in the trash and automatically deleted after 30 days, or the customer carries out the deletion himself.
9.17 If received mail and parcels are not destroyed or forwarded, they will be stored. The storage will be charged to the customer as shown in the price list.
9.18 TEMPULSE may, at its sole discretion, suspend your account temporarily or permanently if it suspects that the account is being used for fraudulent activity or if TEMPULSE suspects that a payment received may be fraudulent.
9.19 If authorities, postal operators, payment provides and banks or the sender of an item claim fraudulent or illegal activity in relation to a customer`s account, TEMPULSE will ask the customer to comment on the case. The customer has two weeks to comment on the case. All account activity may be suspended by TEMPULSE until the matter has been resolved. TEMPULSE may in such cases ask the customer to confirm the account verification with notarized documents or to provide legitimacy documents for the mailing or payments. customer agrees that TEMPULSE may use customer`s name, documents and statements, including the termination of the agreement between the sender of a product and a TEMPULSE Customer. If a sender of an item proves the termination of the contract with a customer of TEMPULSE, this item will be made available to the sender so that he can pick up the item or have it returned. The customer will be informed and has two weeks to respond.
9.20 If TEMPULSE receives reports / messages from prosecuting authorities suspecting that your account has been misused for fraudulent activity or other criminal activities, TEMPULSE reserves the right to share information and data about your account and service usage with these prosecuting authorities.
9.21. If TEMPULSE receives reports / messages from the police or other trusted authorities that you have used the service for fraudulent or unlawful activities, TEMPULSE has the right to immediately terminate your access to this service. TEMPULSE also reserves the right to immediately suspend any other TEM-ULSE Accounts you have created in the past or will create in the future. TEMPULSE also reserves the right to charge you a minimum fee of € 1.000 for any fraudulent or unlawful use of the reported service. If TEMPULSE receives, upon request, documents and references from you that prove, in the sole judgment of TEMPULSE, that your business is legitimate and lawful, you will be reimbursed the above fee and the service will be restored.
§ 10 Obligation of the customers of a TEMPULSE.GLOBAL Account
10.1 Depending on this information in the context of the verification process according to section 7 of these Terms and Conditions, the customer assures that he is either a consumer within the meaning of § 13 BGB or an entrepreneur within the meaning of § 14 BGB and all personal data transmitted by him are truthful and correspond with the provisions of paragraph 17 of these terms and conditions. The use of pseudonyms is therefore prohibited.
10.2 As part of the ongoing service of a TEMPULSE Product, you are responsible for the permanent validity of your personal information (such as current address) and your account information. You will inform TEMPULSE about this immediately. Disadvantages resulting from a lack of updating of this data are at your expense.
10.3 It is your sole responsibility whether the individually account you have created comes to the attention of third parties, e.g. In the case of a lack of password protection. In this case, TEMPULSE’s liability within the meaning of clause 14 of these terms and conditions is excluded. In the event of suspicion that your access data are being used by third parties unauthorized, TEMPULSE reserves the right to temporarily suspend the account.
10.4 You authorize TEMPULSE hereby and in connection with the implementation of the object of the contract within the meaning of § 6 of these Terms and Conditions to undertake all measures to receive all postal items addressed to the Postbox. The customer is not entitled to refuse the receipt after the confirmation of the delivery by TEMPULSE.
10.5 The customer shall notify TEMPULSE immediately and within one (1) week after receipt of the mailing of obviously faulty scanning services. If the customer is an entrepreneur, a legal person under public law or a special fund under public law, the complaint must be made immediately upon receipt of the scan. If such a notice of defects is refrained, the scan(s) shall be deemed approved.
10.6 In the case of forwarding letters and parcels abroad, the customer must ensure that these are cleared and taxed in accordance with the relevant legal provisions. The customer must provide TEMPULSE with the following information for the declaration: description of the content, the value of the content, TARIC or H.S. The customer must comply with the export and import regulations as well as the customs regulations of the country of departure, transit and destination as well as complete the necessary accompanying documents (customs declaration, export licenses, etc.) Completely and truthfully and attach them to the shipment. TEMPULSE basically declares all forwarding shipments as “Content: Shipments” if the customer does not previously provide TEMPULSE with a declaration and does not assume any liability to customs or tax authorities and to the customer in the event of a false declaration. Any fees charged to TEMPULSE or other expenses in connection with a forwarding shall be reimbursed immediately by the customer.
10.7 TEMPULSE shall not be liable for the delay, return or loss of content of the item of mail by the customs authorities or a supplier.
10.8 If TEMPULSE has to carry out the import customs procedure, the Customer will be charged for all costs accrued plus a service charge specified in the price lists. If an item has to be cleared from the Customs office, which must be ordered separately by the Customer, TEMPULSE will charge a fee as specified in the price lists for the time it takes to receive the item at 15 minutes intervals.
10.9 TEMPULSE will ship all mail with the standard insurance value of the respective shipping service. If the customer wants to insure the item with a higher value, he must inform TEMPULSE before the shipment. The customer may not deposit or send in his mailbox any postal items with a value of more than € 100.00.
10.10 If you have instructed TEMPULSE to destroy your correspondence, TEMPULSE shall not be liable for any loss or damage resulting from an erroneous commission. TEMPULSE shall also not be liable for any incurred damages of the customer through the destruction of the affected and instructed correspondence, provided TEMPULSE was entitled to destroy the correspondence according to contractual agreements with you or at its own discretion.
§ 11 Enterprise Account
11.1 The TEMPULSE Enterprise Account allows the Account Owner to manage several separate users in a corporate account and to use the TEMPULSE Services to resell or sublease them to its own customers and its own user base.
11.2 If you resell TEMPULSE’s Services to third parties, you shall not use the TEMPULSE brand name on your website or in your communications with your customers or claim to any contractual relationship or partnership with TEMPULSE, unless this has been expressly approved in writing by TEMPULSE.
11.3 The Enterprise Account Holder is responsible for all actions of the users of his account. He may set up his own Terms and Conditions (now called “Addon T & C”) which will be added to these terms and conditions by TEMPULSE Your users must agree to both terms in order to use the service.
11.4 The Enterprise Account Owner or any of its Admin Users may modify the Add-on Terms and Conditions as appropriate, but the Add-on Agreement may not conflict with or circumvent these TEMPULSE Terms. All terms of the Addon Terms that conflict with any provision of these Terms are invalid. The Account Holder is responsible for ensuring that all of its users agree to the TEMPULSE Terms and Conditions and the Addon Terms and Conditions. Changes to the Addon Terms and Conditions are immediately valid in the system.
11.5 If you resell or lease telephone numbers provided by TEMPULSE to a third party, you must keep a current and up-to-date list of the end user’s full name and physical address (“End User Information”) for each telephone number provided, except: telephone numbers ordered via the TEMPULSE API and for which the free test flag has been activated. If TEMPULSE receives a request from the police or the authorities in any country, TEMPULSE may, with respect to a telephone number provided by TEMPULSE, have the right to require that you provide the end-user information to TEMPULSE. Failure to provide the End-User Information to TEMPULSE within one business day will be considered an essential infringement of this Agreement and may result in an account blocking at the sole discretion of TEMPULSE.
11.6 The owner of an Enterprise account can grant administrator rights to any user. If this administrator right is granted, this administrator user can manage the account with the same rights as the account holder. The Account Owner or an Administrator may only hire Administrator users of the Account, provided that such users can speak to the Account Owner and bind the Account Holder to any changes and declarations sent to TEMPULSE by the Administrator.
11.7 The Enterprise Account Owner or any of its Admin Users may modify the Add-on Terms and Conditions as appropriate, however, the Add-on Agreement may not conflict with or circumvent these Clevver Terms. All terms of the Add-on Terms that conflict with any provision of these Terms are invalid. The Account Holder is responsible for ensuring that all of its users agree to the TEMPULSE Terms and Conditions and the Addon Terms and Conditions. Changes to the Addon Terms and Conditions are immediately valid in the system.
11.8 The Enterprise account requires a deposit to be activated. All activities and all fees of all users are collected in the account statement. If the ongoing charges have used up the deposit, the full account may be temporarily suspended or deactivated for all users. All services such as mailing management, shipment forwarding, accessibility of telephone numbers, forwarding of telephone numbers, etc. may be temporarily suspended. Can be temporarily suspended. By lodging a new deposit, the account can be reactivated in a short time within 60 days. The account holder can activate an automatic calculation of his charge if the deposit falls below a certain limit.
11.9 A working credit card is mandatory for the company account. The Account Holder must ensure that any open balance on the Account can be debited from this credit card at any time.
11.10 The Enterprise Account allows the Account Holder to issue invoices prepared from the Account to its users. TEMPULSE assumes no responsibility for the accuracy of these bills. The Account Holder is fully responsible for all invoices issued to its Users.
11.11 The Enterprise account has the additional feature, including: use your own locations for mailboxes that users can book. The Account Owner is solely responsible for managing these additional locations. TEMPULSE provides administrator account access to the owner of the Enterprise account to manage incoming mail, scan, and forward mail for users who use those locations.
11.12 The owner of an Enterprise account can suggest its own locations that will be used throughout the TEMPULSE System to attract additional potential customers. To use a site as a partner site for the TEMPULSE System, a separate partnership agreement with TEMPULSE is required.
11.13 The Enterprise Account allows the Account Holder to change the design, colors, and logos of the TEMPULSE Web App for users of their account. The company account holder can use his own corporate design at his own discretion. TEMPULSE does not warrant that the user of an Enterprise account with a modified design will be able to identify TEMPULSE as the provider of that software system and its services.
11.14 The company account has the additional feature of using API access to manage the account and activities of its users. TEMPULSE cannot guarantee that all functions accessible through this API are complete. TEMPULSE tries to run the services continuously without time inaccessibility. If server downtime of more than 10 minutes is expected due to a system change or other reasons, TEMPULSE will notify the Enterprise Account Holder at least 14 days in advance. TEMPULSE cannot guarantee the permanent availability of its systems and functionalities of the apis.
11.15 The owner of a corporate account is responsible for customer service regarding its users. TEMPULSE will answer questions about the TEMPULSE software system and support the owner of the Enterprise Account, if it does not work. TEMPULSE assists corporate customers with any questions during normal business hours (German time zone) and provides per quarter, one-hour webinar with the Enterprise customer and their team upon request from the Enterprise Account Holder.
§ 12 Prices
12.1 For orders of a product on clevvermail.com, the prices indicated on the price list for the selected product apply at the time of your order. The prices quoted are exclusive of any taxes, duties or fees imposed by the tax authorities and you are responsible for the payment of all such taxes or duties. The prices are payable in euros, regardless of the currency displayed. If a currency other than Euro is specified in the price list, the current exchange rate will be used on the settlement date. The price overview can be found at www.tempulse.global/pricing/ or on the information page in the customer portal.
12.2 The Company account is calculated by TEMPULSE according to the current prices for all users. The company account may charge a different price to some users for some services, but this is entirely the responsibility of the account holder of the company. TEMPULSE will charge the Corporate Account Holder, irrespective of its pricing, to its own users at the applicable prices for its services.
12.3 The customer is obliged to pay the agreed fees on time.
12.4 The customer is also obliged to pay the fees incurred by authorized or unauthorized use of the service by third parties, if and to the extent that he is responsible for such use.
12.5 TEMPULSE will inform you of any price adjustment in a timely manner to protection of its interests.
§ 13 Advance payments and deposit
13.1 The forwarding of parcels usually requires a pre-payment or a payment of a deposit in the customer’s account.
13.2 Advance payment may also be required to continue processing customer requests. In particular, if the open balance is above (in TEMPULSE system, a credit is marked with a minus) or the balance for the current month exceeds 50 EUR. The customer will be informed by e-mail and notification in the application.
13.3 A prepayment is only valid if made by bank transfer, 3D credit card payment or confirmed Paypal Payment.
§ 14 Terms of payment and delay
14.1 Payment may be made by Credit Card, Bank transfer, Paypal.
14.2 If you have deposited a credit card as the default payment method, the open invoice amount will normally be deducted from the credit card on the 1st of each month. For unpaid open bills, the credit card can be charged at any time. Once a charge is rejected, access to the booked TEMPULSE products will automatically be blocked by the system until the balance is cleared. The account is still accessible. You must provide proof of identity or proof of possession of the credit card used to pay TEMPULSE upon request from TEMPULSE.
14.3 If you have selected Invoice as the default payment method, the access and use of the booked TEMPULSE Products will be blocked unless you have paid the outstanding invoices by the 10th of each month.
14.4 Invoices are generated electronically and can be accessed in the system.
14.5 Entrepreneurs / Business customers fall within two weeks after the receipt of the invoice without receipt of a reminder in default.
14.6 For the timeliness of the payment, it depends on receipt of the money in the account of TEMPULSE. You must bear all costs incurred as a result of a chargeback of a payment transaction due to insufficient funds or due to incorrectly transmitted bank details.
14.7 TEMPULSEreserves the right to suspend all services in the event of late payment and to block access to your account or not to display the received shipments in the account until the outstanding amounts have been paid. In addition, TEMPULSEreserves the right to terminate this Agreement and your access to the Service if your account becomes delinquent (in default).
14.8 You acknowledge that, after several reminders, TEMPULSE will have the right to remove the telephone numbers from your account at the latest after a grace period of one month from TEMPULSE’s first attempt to deduct charges from your TEMPULSE Prepaid Account for the Services and your ownership rights to the numbers are forfeited and that TEMPULSE is under no obligation to compensate you for any resulting direct or indirect loss that this permanent removal of telephone numbers could cause, whether purchased by TEMPULSE or by any other provider ported to TEMPULSE.
14.9 TEMPULSE may request proof of identity or proof of ownership of credit cards or payment forms for payment to TEMPULSE, and upon receipt of such proof, TEMPULSE may decide to unblock and re-activate your account if TEMPULSE deems such proof to be acceptable. If your account is permanently suspended or you are unwilling to provide the requested proof, TEMPULSE will reimburse you for all payments you have received, deducting any money already spent on the use of the Services.
14.10 The overdue invoices (outstanding invoices) bear interest at a rate of 1.0% per month on a pending amount or the maximum amount permitted by law, whichever is higher, plus all handling costs. During a suspension period (e.g., auto-deactivated), the monthly costs still incurred will continue to be charged. If you or TEMPULSE initiate termination of this Agreement, you must pay the fees due on your account. You agree that TEMPULSE may charge your credit card for such unpaid charges or charge you unpaid fees in this way.
14.11 TEMPULSE also reserves the right to use any of the stored payment methods at any time to cover a customer’s outstanding balance. The customer is responsible for ensuring that the standard payment method is always covered by the amount of the “Open Credit” and that the charge is possible.
14.12 If the Customer initiates a chargeback without authorization from TEMPULSE, TEMPULSE will forward the incurred fees plus a handling fee of € 50 to the Client.
§ 15 Contract term and termination
15.1 The contract period begins with the confirmation email and runs for at least one (1) month and then automatically renews if the contract is not terminated.
15.2 The customer can terminate without giving reasons until the end of the month with a period of 14 days in writing to the following address: TEMPULSE GLOBAL T8 maple avenue Stillorgan/Sandyford Industrial Estate Co Dublin A94RT20 Ireland. Termination by customers before the expiry of the contract period does not entitle to repayment of the advance payment. This shall be subject to any repayment claims arising from circumstances for which TEMPULSE is responsible.
15.3 Each mailbox and therefore, each contract must be terminated separately or the customer must clarify in his statement that the entire account with all mailboxes and related products should be terminated.
15.4 In order to terminate a contract, the customer may delete a mailbox in his own account. This does not require any support from TEMPULSE. If you delete the last mailbox in the account, the account itself will also be deleted.
15.5 Termination can only be carried out if no further services are claimed by TEMPULSE after expiry of the current contract period and after all outstanding claims have been settled.
15.6 The deletion of a mailbox automatically deletes all items in the mailboxes with all their digital remains.
15.7 During the termination period (see clause 15.2 of the GTC), the Customer is responsible for the decision, how to proceed with the physical shipments located in the TEMPULSE Archive. If the Customer fails to inform TEMPULSE within four (4) weeks after the termination as to how to process with the remaining postal items, they will be destroyed after a corresponding advice.
15.8 Any breach of your payment obligations or unauthorized use of the TEMPULSE technology or service is considered an essential breach of this Agreement. TEMPULSE may, in its sole discretion, terminate your password, account, or use of the Service if you breach or otherwise violate this Agreement. In addition, TEMPULSE may terminate a free service at its sole discretion at any time after a period of 60 days.
15.9 The right of extraordinary termination remains unaffected. An important reason, which entitles to the extraordinary termination, exists in particular, if
– A payment arrears exist of two outstanding invoces;
– There is a culpable breach of the terms of the contract and this is not remedied within a reasonable period of time after being warned by TEMPUSE.
– Insolvency proceedings or similar legal proceedings have been instituted over the assets of the customer, or the opening has been requested or this application has been rejected for lack of assets;
– There are reasonable grounds for suspecting that the customer intends to use the services of TEMPULSE abusively.
15.10 It is the responsibility of the customer to secure his data upon termination of his contract before the end of the contract, as all data of the mailbox will be deleted upon termination of the mailbox.
§ 16 Compensation and Right of Retention
16.1 You are only entitled to offset if your counterclaim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.
16.2 You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 17 Cancellation Policy
In the event that you are a consumer within the meaning of § 13 BGB, you have a right of withdrawal in accordance with the following provisions.
Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The revocation period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must contact us Company: TEMPULSE.GLOBAL
Address: T8 maple avenue Stillorgan/Sandyford Industrial Estate Co Dublin A94RT20 Ireland E-Mail: datenschutz@tempulse.global by a clear statement (e.g. A letter sent by post, fax or e-mail) about your decision to withdraw from this contract.
You can use the attached withdrawal form, which is however not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this Agreement, we shall reimburse you for any payments we have received from you, including the basic fee, promptly and no later than fourteen days from the date on which we receive notice of your cancellation of this Agreement.
For this repayment, we use the same payment method that you used in the original transaction, unless otherwise agreed; in no case will you be charged for this repayment fees.
Model withdrawal form
If you want to cancel the contract, please fill in this form And send it back.
To
Company:
Address:
E-mail:
Fax:
I / we (*) hereby revoke the contract concluded by me / us (*)
The (*):
Ordered on (*) / received on (*)
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only when notified on paper)
Date
(*) Delete as appropriate.
§ 18 Guarantees and warranties
18.1 TEMPULSE and its licensors give no guarantees or warranties that
A) The use of TEMPULSE’s services is safe, timely, uninterrupted or error-free, or operate/function in combination with other hardware and software, systems or data,
B) The service meets your requirements or expectations
C) Any stored data is correct and reliable
D) The quality of the products, services, information or other material purchased or obtained by you from the purchased Service meets your requirements or expectations
E) Faults and defects are corrected or
F) The services or servers that offer the service are free of viruses or other harmful.
18.2 TEMPULSE’s Services may be subject to restrictions, delays and other problems arising from the use of the Internet and electronic communications. TEMPULSE is not responsible/liable for delays, deliveries or damages resulting from such problems.
§ 19 Liability
19.1 TEMPULSE is fully liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, body and health of persons.
19.2 In the event of slight negligence, TEMPULSE shall only be liable in the event of a breach of an essential contractual obligation, whose fulfillment of which enables the proper implementation of the contract in the first place and on whose compliance you can regularly rely on (cardinal duty). The liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies in favor of our vicarious agents.
19.3 Any further liability of TEMPULSE does not exist.
19.4 Insofar as the liability of TEMPULSE is excluded or limited above, this also applies to the personal liability of the legal representatives, employees, employees, employees and vicarious agents.
§ 20 Responsibility for illegal activities
20.1 All mailings whose transport violates legal or official prohibitions are excluded from acceptance. Illegal activities are not authorized by TEMPULSE and are strictly prohibited. If banned documents are delivered by letter and parcel post, sequestration may be carried out by the competent authorities. All legal fees expended by TEMPULSE to enforce applicable law against a customer or potential customer will be charged to the customer. Customer agrees not to use TEMPULSE’s services for unlawful, improper or fraudulent purposes or for any purpose prohibited by European Community law, German postal regulations and / or IATA regulations.
20.2 The customer is strictly prohibited from receiving illegal, dangerous or potentially dangerous goods or objects capable of damaging persons or animals or objects or goods whose receipt or storage is illegal in the mailbox.
The customer shall inform the affected third parties and assumes full responsibility for non-compliance with this article. The following items cannot be forwarded, even if they are unwittingly accepted at a TEMPULSE Address, they must be picked up from this address by the customer:
– Unusual value items that include but are not limited to:
– Coins, cash, currency, bonds, stamps, money orders, and quasi-monetary securities;
– Monetary assets (such as bills of exchange, bills or promissory notes, but without checks);
– Unsteadied gems and industrial diamonds;
– Any article containing more than 50% by weight of gold or platinum or a combination thereof in its raw form, including but not limited to ingots or scrap of these metals.
– Hazardous waste, defined as solid waste that meets one of the hazardous waste criteria;
– Human remains, fetal remains, human body parts or components thereof;
– Shared Fireworks
– Packs of marijuana, including marijuana for medical purposes;
– Alcoholic Drinks;
– Firearms and Ammunition;
– Perishable or refrigerated food / goods;
– Hazardous Materials;
– Dry Ice;
– Products with limited quantity;
– Living Animals;
– Pharmaceutical, Illegal Drugs;
– Tobacco Products.
20.3 The Customer further agrees that any use of the services provided by TEMPULSE shall be in accordance with the applicable European regulations, the regulations of the country of origin, the local regulations and the laws of the country of destination.
§ 21 Data Privacy
Questions and answers about data protection are regulated in our privacy policy. These can be found at https://www.tempulse.global/privacy-data-protection.html
§ 22 Ownership, copyright and indemnification
22.1 Within the scope of the service digitized results of the correspondence are created based on these GTC.
TEMPULSE has no control over the content of these digitization results.
22.2 The Customer grants TEMPULSE the necessary usage rights in connection with the performance of the Service. In this context, Customer warrants to TEMPULSE that the performance of the Services will not infringe any third party rights or other applicable laws.
This in turn means that the customer assures that he is the right holder in respect of all his mail sent to the service.
22.3 In the event that the performance of the service violates the rights of third parties, in particular in the form of copyrights, the customer indemnifies TEMPULSE from all claims without reservation and upon first request.
22.4 TEMPULSE alone (and, if applicable, its licensors) owns all rights, titles and interests, including all related intellectual property rights, in and to the TEMPULSE technology, content and service, and any suggestions, ideas, proposals for improvement, feedback and recommendations or other information provided by you or any other party referring to the Service. This Agreement is not a purchase agreement and does not confer any ownership rights on TEMPULSE’s service, TEMPULSE Technology, or intellectual property rights. The name TEMPULSE, the TEMPULSE logo, and the product names associated with the Service are trademarks TEMPULSE of or any third party, and no right or license to use them is granted.
22.5 You may not in any way license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available the Service or Content to third parties if you do not have an Enterprise account.
22.6 Customers may not work on the service offered by TEMPULSE or create any other content; (iii) create Internet “links” to the service or “frame” or “mirror” content on other servers or wireless or Internet-based devices; or (iv) reconstruct or access the service to (a) develop a competitive product or service, (b) create a product with similar service ideas, features, features or graphics, or (c) ideas, features to copy functions or graphics of the service.
22.7 User licenses cannot be shared or used or used by more than one individual user, except for holders of an Enterprise Account. However, from time to time, they may be assigned to new users who replace former users who have terminated a job or otherwise have changed job status or function and are no longer using the Service.
22.8 TEMPULSE has no obligation to indemnify and Customer shall indemnify TEMPULSE against any claims in pursuance of the agreement from any claims arising out of an infringement in regard of any combination of TEMPULSE’s Services with its own products, services, hardware or business processes under this Agreement.
§ 23 Retention of Title
Tempulse retains ownership of the scanned results of the digitized mail until full payment has been made under the Service Contract.
§ 24 Change of the terms and conditions
Changes or new versions of these terms and conditions shall in principle only be communicated to the customer by electronic means no later than two weeks before the proposed date of their effective date. The customer’s consent count as granted, if he has not indicated his disapproval prior to the proposed effective date of the changes. TEMPULSE will particularly point out this approval effect in their change notice. If the customer objects to the change, TEMPULSE has the right to terminate the business relationship with reasonable notice.
§ 25 Choice of law, place of performance and place of jurisdiction
25.1 The business relationship between the customer and TEMPULSE is governed, pending individual agreements, by German Law to the exclusion of the UN Sales Convention. If the customer is a private customer and contrary deviating and mandatory consumer protection regulations exist, these apply.
25.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance as well as the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of TEMPULSE.GLOBAL. This also applies if the customer does not have a general place of jurisdiction in Germany or the place of residence or habitual residence is not known at the time a complaint is filed.
Before a website can be profitable, there are important questions and answers at the start of a project:
General Terms and Conditions for users of the services of the web development partner of TEMPULSE.GLOBAL, responsible BAHRAM BEHZADI-FARD.
Status: July 01, 2018
1. scope of application
1.1 The following general terms and conditions apply to all legal transactions of the responsible web development partner Mr. Bahram Behzadi-Fard of TEMPULSE.GLOBAL, hereinafter referred to as “Contractor” and according to this contract with his contractual partner, hereinafter referred to as “Client or Customer or Contractual Partner”.
1.2 The customer shall be notified in writing of any changes to these terms and conditions. They shall be deemed approved if the customer does not object in writing. The customer must send the objection to the contractor within one week of notification of the changes.
Forwarded orders
2.1If an order is executed in such a way that the Contractor entrusts a third party with the further execution, the Contractor is not obliged to inform the Client/Customer of this. The exception to this rule applies if a confidentiality agreement has been concluded.
2.2 The Contractor’s offers are subject to change and non-binding. The prices stated in the individual offer are valid.
3. conclusion of the contract
3.1 A contract with the Contractor is concluded by the transmission of the customer’s order by e-mail or by the customer’s verbal confirmation by cell phone or telephone or by a down payment.
4. termination of the contract
The contractor may terminate the project if the project does not progress. The work performed up to that point will be invoiced at a minimum of 75% of the total estimated price.
There must be a compelling reason for this. A compelling reason is also deemed to be if the client unnecessarily prolongs the project, does not send the information and data requested by him to the contractor and/or does not reply to the last email sent for more than two weeks.
5. data
The Customer shall indemnify the Contractor against all third-party claims relating to the data provided. In the event of data loss, the Contractor cannot be held liable unless the Contractor acts with intent or gross negligence. The Customer undertakes to retransmit all necessary data to the Contractor free of charge if the Contractor is not at fault or is represented by the Customer.
6. data protection
The contractual partner agrees that, within the scope of the contract concluded with him, data about his person may be stored, changed and or deleted and, if necessary, transmitted to third parties. This applies in particular to the transmission of data required for the registration and/or modification of a domain, Google and server.
7 Prices and payments
The quotation/invoice shall be issued in advance in accordance with the Contractor’s valid price list or the price agreed individually with the Customer. All invoices are payable as follows:
7.1 The client/customer shall transfer a security deposit of at least 50% before the start of the order. After receipt of the security deposit, the Contractor shall commence the agreed project.
7.2 The client/customer shall transfer the remaining amount after its review and before delivery. After receipt of the remaining amount, the project will be delivered. The client/customer undertakes to transfer the remaining amount within 7 days and to check the website. If there are no complaints after 7 days at the latest, the project is deemed to have been accepted.
7.3 Two correction loops per order are included in the price, which have nothing to do with unacceptable functions, each further correction will be charged again.
In this case, the rate charged by the contractor at an hourly rate of EUR 100.00 per hour or part thereof shall apply.
7.4 If the services provided (website, logo, etc.) have been handed over to the Client before payment has been made by the Client, the Client shall only have a limited right of use and only for as long as the Contractor permits. If the Client has not paid its invoice, the Contractor may block the website at any time and have it removed from the network.
The rights of use shall only be transferred to the client upon full payment.
If the Contractor demands that the website be taken offline due to non-payment and may no longer be used until payment is made, the Client must comply with this demand immediately. If he does not comply immediately, the client shall incur a contractual penalty of EUR 5,000.00 in addition to the cost of the service.
The Client has no right to return services rendered by the Contractor and to withdraw from the agreement.
7.5 Once the invoice amount has been received by the Contractor and the Customer’s data required for the services has been provided, the contractually agreed services shall be performed by the Contractor. If the Customer is in arrears with payments due, the Contractor reserves the right not to perform further services until the outstanding amount has been settled and to pass on any costs incurred as a result to the Customer. The service rendered shall remain the property of the Contractor until full payment has been made. The Client shall have no rights to it until the fee has been received by the Contractor. Objections due to inaccuracy or incompleteness of a statement of account must be raised by the Client within one week of its receipt at the latest; if the Client asserts its objections in writing, dispatch within the one-week period shall suffice. Failure to raise objections in good time shall be deemed approval.
7. trademark rights/copyrights
The customer is obliged to assume all legal responsibility with regard to copyright protection, protection of minors, press law and the “right to one’s own image”.
For publications commissioned by the customer, only texts and images for which the corresponding right of use exists and for which the necessary consent of any persons depicted has been obtained are to be published or made available for publication. The copyright to all work created by the Contractor shall remain with the Contractor.
8. liability
8.1 The risk of the legal permissibility of the activities and creation of projects by the Contractor shall be borne by the Customer. The Customer shall indemnify the Contractor against third-party claims if the Contractor has acted at the express request of the Customer, even though it has notified the Customer of its concerns regarding the permissibility of the measures.
8.2 If the Contractor considers an examination under competition law by a particularly competent person or institution to be necessary for the measures to be carried out, the Customer shall bear the costs after consultation.
8.3 Claims for damages against the Contractor are excluded unless they are based on intentional or grossly negligent conduct on the part of the Contractor itself or its vicarious agents. The limitation period for the assertion of claims for damages shall be three years and shall commence at the time at which the act giving rise to the obligation to pay damages was committed. Should the statutory limitation periods lead to a shorter limitation period for the Contractor in individual cases, these shall apply.
8.4 The statutory provisions of the Civil Code in the Federal Republic of Germany shall apply to all other claims for damages.
8.5 The amount of the Contractor’s liability shall be limited to the damages typical for comparable transactions of this type that were foreseeable at the time the contract was concluded or at the latest when the breach of duty was committed.
8.6 The Contractor’s liability for consequential harm caused by a defect on the legal grounds of positive breach of contract is excluded if and to the extent that the Contractor’s liability does not arise from a breach of obligations that are essential for the fulfillment of the purpose of the contract.
9 Governing law and place of jurisdiction
9.1 The business relationship between the Customer and the Contractor shall be governed by German law.
9.2 The agreement on the place of jurisdiction applies equally to domestic and foreign customers.
9.3 The place of performance and jurisdiction for all services and disputes is exclusively the registered office of the contractor of the web development partner of TEMPULSE.GLOBAL, responsible Mr. BAHRAM BEHZADI-FARD
10 Other provisions
10.1 There are no ancillary agreements to this contract. Amendments or supplements must be made in writing to be legally effective.
10.2 Any amendment to clause 10 of the contract must also be made in writing.
10.3 The customer is not entitled to assign its claims under the contract.
10.4 The Client has a right of use to websites. He may not reproduce the website except for backup purposes and may not use this website for other additional projects or sell it to third parties without the consent of the contractor. A fee will be charged for consenting to the reproduction of the website, which will be negotiated separately. If the client does not comply with this and additionally uses the website in another project or sells it to third parties without the consent of the contractor, a contractual penalty of EUR 5,000.00 shall be due.
11. severability clause
Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. This shall also apply if one part of a provision is invalid but another part is valid. The invalid provision shall be replaced by the parties with a provision that comes closest to the economic interests of the contracting parties and does not conflict with the other contractual agreements.
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General Terms and Conditions (GTC) of telequest & Internet Solutions GmbH
§ (1) General – Scope of the contract
1.1 These General Terms and Conditions (GTC) apply to all agreements and services that telequest & Internet Solutions GmbH (hereinafter referred to as “telequest”) enters into with its customers. They also apply to future orders, even if no specific reference is made to them. The customer’s general terms and conditions do not apply, even if telequest does not expressly object to them.
1.2 These GTC contain the entire basic agreement between the contracting parties and replace all previous verbal or written agreements.
1.3 telequest’s business area comprises the national and international brokerage of various (service) telephone numbers, voting and drop charge numbers as well as consulting and the provision of technical support services in the telecommunications sector, in particular IVR systems and audiotex applications.
1.4 telequest provides its services in accordance with the statutory and regulatory provisions. All agreements in the contract, in the order confirmation of the offer or in the customer’s order form (telequest service number order) are based on these GTC. The agreement with the customer also includes the codes of conduct of the relevant countries in the currently valid version and any appendices and supplementary agreements.
1.5 The contracting parties are familiar with the complex nature of telecommunications and are aware of the potential problems that may arise during transmission and data processing. This must also be taken into account in the event of possible service disruptions and damage.
1.6 telequest may use its own technology as well as transmission paths and technical facilities of third parties for its services. The customer is aware of this. telequest is entitled to change the technical equipment on which the services are based and to use other vicarious agents, provided that the service does not deteriorate significantly for the customer as a result and the customer does not incur any additional burdens beyond a reasonable level.
1.7 All agreements must be in writing.
1.8 Offers are always subject to change.
1.9 With the signed contract, the order confirmation or the order form, the customer accepts these GTC and declares his agreement with the content.
§ (2) Conclusion of contract
2.1 For a valid contract, telequest must be informed of the following customer data: correct name of the company according to the company register, company register number, legal form, business address, invoice address, tax number, VAT number, bank details (name of bank, IBAN, SWIFT);
2.2 The contract is concluded when the customer completes and signs one of the following documents and sends it to telequest:
– Contract
– Order confirmation
– Order form
In addition, acceptance by telequest is required, which is free to confirm these orders in writing.
The contract is also concluded when telequest has activated the service
telequest has the right to refuse an order without giving reasons.
§ (3) Duration
The contractual relationship is concluded for three months. If the contract is not terminated within this period with one month’s notice to the end of the month, it is extended for an indefinite period.
§ (4) Porting
If the customer uses (service) telephone numbers of another provider or network operator before concluding a contract with telequest, these numbers can be ported to telequest. The basic requirement is that this process is technically and practically possible.
4.1 Porting by the customer
The customer places the corresponding porting order with their previous provider or network operator.
4.2 Porting by telequest
At the customer’s request, telequest can carry out the porting on behalf of the customer. For this purpose, the customer must issue telequest with a corresponding power of attorney.
§ (5) Restrictions on services by telequest
In the event of essential repair and maintenance work, there may be temporary restrictions to the scope of services. Where possible, telequest will inform its customers in good time of the nature and scope of the restriction. The rights and obligations of the customer remain unaffected.
In the following cases, telequest is free to take the measures listed:
5.1 Suspending and blocking (service) numbers
a) if regulatory provisions and statutory provisions are not complied with by the customer;
b) if the customer does not eliminate a disruptive factor that is within his sphere of responsibility despite being requested to do so;
c) in the event of termination of the contract without notice by telequest;
d) if there is a threat to the facilities of tele-quest or its vicarious agents or to public safety;
e) if telequest or its vicarious agents carry out necessary work on the technical equipment which is not possible without interrupting the service;
f) if telequest is obliged or requested by an official or court order to discontinue the provision of (service) telephone numbers;
g) if the customer is in default of payment;
h) if insolvency proceedings are instituted against the customer’s assets or if such proceedings are dismissed for lack of assets;
5.2 Withdrawal of (service) telephone numbers
If the allocated telephone number is not used by the customer within three months of activation, telequest is entitled to withdraw it from the customer subject to a notice period of 14 days.
§ (6) Rights and obligations of telequest
6.1 (Service) number routing (geographical termination number)
Calls received on the customer’s (service) telephone numbers are routed by telequest to (service) telephone numbers to be specified in writing by the customer within the scope of technical and operational possibilities. The prices for the connection and operation of the service are set out in the contract (or order form).
6.2 Allocation of (service) telephone numbers
Telephone numbers are allocated by telequest, which is obliged to comply with the relevant national or international legal and official requirements.
6.3 New (service) numbers – routing changes
At the customer’s request, additional (service) telephone numbers can be activated and routing changes carried out during the term. The prerequisite for this is the technical and practical possibility for telequest or for the network operators or providers commissioned by telequest. Routing changes can be requested in writing, new (service) telephone numbers must be applied for using a telequest order form.
6.4 Misuse of (service) telephone numbers
telequest checks any misuse in connection with the (service) telephone numbers it provides. Reasons for this may include
– a clearly noticeable increase in the number and duration of calls generated
– Long-lasting individual calls
– if there is a suspicion that the customer or their employees may be in contact with the caller.
6.5 Complaint from an end customer
End customer objections are always forwarded to the customer in compliance with data protection regulations. At the customer’s request and if necessary, telequest can take over the processing and will charge an amount of € 100 per hour for the work involved, unless a different solution has been agreed with the customer.
§ (7) Rights and obligations of the customer
7.1 The customer undertakes to comply without exception with the statutory and regulatory provisions and the country-specific codes of conduct for his services in connection with the telequest offer.
7.2 The customer must always obtain the necessary information about the regulations in the individual countries himself.
7.3 telequest only provides access to the customer’s services via (service) telephone numbers and is not responsible for the content of these services. The customer must also convey this impression to his customers.
7.4 Description of the service offered
The service offered must be described in detail in the order form. Any changes or additions must be notified to telequest in writing. This notification becomes part of the contract. The customer can also be requested in writing to submit documentation on services which are provided via telequest (service) telephone numbers.
7.5 The services of telequest are only used by the customer within the scope of his business operations and he refrains from any improper use.
7.6 The customer must ensure that the telequest service provided to him is not misused by third parties.
7.7 When placing the order, the customer must specify the expected traffic (peak and off-peak times). If special peak times are to be expected during the term, the customer must inform telequest of this in good time, otherwise individual calls may not be delivered.
7.8 Confidentiality obligation
The customer undertakes to keep all information relating to this business relationship strictly confidential. This shall also apply after termination of the business relationship.
7.8.1 telequest can provide the customer with an online account. The associated access code must be kept secret from unauthorized persons by the customer.
This also applies to test numbers and to the geographical termination numbers of the (service) numbers assigned to him.
7.8.2 If there is reason to believe that third parties have knowledge of the above numbers, the customer is obliged to change these numbers immediately and inform tele-quest.
7.9 Duty to provide information
7.9.1 Fault message
The customer must inform telequest immediately of any faults in the (service) telephone numbers (fault report).
7.9.2 Changing data
Any change of telephone number, name, company, legal form, registered office, invoice address or bank details must be notified to telequest immediately and in writing.
7.9.3 Proceedings before courts and authorities
If the customer is threatened with proceedings before a court or an authority in connection with the services provided by telequest or which may also have consequences for telequest, telequest must be informed of this immediately in writing. This also applies in particular to the opening of bankruptcy or composition proceedings.
7.9.4 Detection of abuses
If telequest conducts an investigation into possible misuse of the (service) telephone numbers or offers provided by it, the customer is obliged to provide active support, among other things by handing over documents and information.
7.9.5 Access authorization
The customer grants telequest or its vicarious agents access to its business premises at reasonable times by arrangement if the installation or repair of certain technical equipment is necessary for the provision of the service.
§ (8) Warranty
8.1 telequest assumes the full statutory warranty for its service area.
8.2 The availability and quality of the services provided by third parties is not within the service area of te-lequest.
8.3 The accessibility of telephone numbers from all networks (mobile and fixed network or other networks) of a particular country is to be checked by the customer himself and is not part of telequest’s warranty.
§ (9) Liability
9.1 Liability of telequest
9.1.1 telequest is only liable for damage caused intentionally or through gross negligence.
9.1.2 Liability for damages shall be assumed up to the equivalent value of the service received, up to a maximum amount of € 35,000. If several persons are injured, the maximum amount shall be divided proportionately.
9.1.3 No liability can be assumed
a) for indirect damages and consequential damages to the extent permitted by law;
b) for damage that the customer could have prevented;
c) in cases of force majeure or unforeseeable events;
d) in the event of operationally necessary changes or interruptions (if technically and practically possible, telequest will inform its customers of the interruption in good time);
e) for complaints and objections from end customers concerning the content of a service – the customer must indemnify and hold telequest completely harmless in such cases;
f) for service failures on the part of telequest caused by a fault on the transmission paths or technical equipment of a third party;
9.1.4 telequest may assign to the customer any claims for compensation against the third party for damages due to the lack of availability or quality of the technical facilities and transmission paths.
9.1.5 The above exclusions and limitations of liability also apply to the employees and representatives of tele-quest.
9.2 Liability of the customer
9.2.1 If calls are forwarded to a connection other than that agreed in the contract without the consent of the respective owner, the customer is liable for all damages incurred by telequest as a result.
9.2.2 The customer is liable for all costs, expenses and damages which arise as a result of unauthorized access to his services processed via telequest’s (service) telephone numbers or which result from misuse or illegal use of telequest’s (service) telephone numbers.
9.2.3 If the customer violates a provision of these GTC, he is liable to telequest for all damages incurred by telequest as a result.
§ (10) Fees and terms of payment
10.1 The fees to be paid by the customer and the billing modalities are generally derived from the corresponding agreements in the concluded contract or from the offer.
10.2 telequest reserves the right to adjust prices and charges in line with the market situation.
10.3 The payment of charges to customers is made to the extent that telequest receives these charges from the network operator or third parties. telequest cannot accept any liability for the collectability and payment of the funds – the customer bears the risk of default.
10.4 telequest reserves the right to pass on payment defaults, caused by complaints and end customer complaints, in full to the customer. If offsetting against existing credit notes is not possible, the customer must transfer the outstanding amount to the account specified by telequest within seven days of the payment request. If required, te-lequest will provide the customer with the necessary documents in compliance with data protection laws.
10.5 If network operators or providers assert repayment claims against telequest, telequest reserves the right to pass these on to the customer. After determining the repayment amount, tele-quest will inform the customer of the amount to be paid and the form of settlement. If offsetting against existing credit notes is not possible, the customer must transfer the outstanding amount to the account specified by telequest within seven days of the payment request.
10.6 telequest is entitled to offset all amounts due against the credit notes which the customer owes telequest for payment under the agreement in question.
10.7 The billing charges are based on the data (minutes, calls) transmitted to telequest by the network operators or providers and the agreed prices. Billing is carried out in the respective national currency, stating the exchange rate used. Foreign currency transfers are passed on according to the currency fluctuations.
10.8 The invoice is issued by telequest on a monthly basis.
10.9 Credit notes shall be transferred in accordance with the offer.
10.10 Claims against the customer are due and payable promptly without deduction upon receipt of the invoice by the customer. If the customer is in default of payment, default interest of 5% above the respective prime rate of the European Central Bank shall be charged.
If further costs and expenses are incurred as a result of the delay in payment, these will be charged to the customer. tele-quest expressly reserves the right to assert further claims against the customer.
10.11 In the event of disagreement between telequest and the customer regarding billing, te-lequest’s documents can be objectively checked by a neutral auditor or tax consultant bound by professional confidentiality. If necessary, the Styrian Chamber of Commerce in Graz can be asked to select the auditor. The auditor may only state whether the calculations have been made in accordance with the agreements. His findings are binding. The unsuccessful party must pay the costs. In this case, the due date of the disputed amount is deferred until the decision has been made.
10.12 telequest can demand appropriate advance payments from the customer for payment amounts incurred, a direct debit authorization for an account of the customer or the presentation of a guarantee from a credit institution based in Austria or another member state of the European Union.
10.13 Taxes, duties and fees in connection with payments made by telequest to the customer must be regulated by the customer himself in accordance with the applicable laws of his country.
§ (11) Disruptions
11.1 Disruptions can occur for reasons of force majeure, due to labor disputes, official measures and necessary technical changes to the systems of network operators and vicarious agents used by telequest. For the duration of such measures, telequest is released from its obligation to perform. The rights and obligations of the customer remain unaffected.
11.2 If the customer is responsible for the fault or has failed to forward a fault report, the customer shall bear the resulting costs.
§ (12) Statistical records
12.1 On request, telequest provides its customers with statistical records showing the number of calls and minutes generated on the customer’s individual (service) telephone numbers.
12.2 Alternatively, telequest is free to make this information available to the customer online.
12.3 Only the written invoices sent to the customer on a monthly basis are binding for the customer. These statements are based on the original statements of the respective network operator or provider.
§ (13) Dialer programs
If the customer uses dialers (PC dialers) or similar programs for the billing of his service, he must inform himself about the legal regulations and requirements of the respective country. He must ensure that all regulations and requirements are complied with. If the customer violates these regulations, he is responsible for this and must indemnify and hold telequest harmless.
§ (14) Geographical termination number
The geographical termination number must not be a chargeable (service) number.
§ (15) Termination
Contracts are generally concluded for three months. If the contract is not terminated within this period with one month’s notice, it is extended for an indefinite period.
15.1 Termination
Termination at the end of the quarter is possible subject to six weeks’ notice. Notice of termination must be given in writing and declared as such.
15.2 Extraordinary termination
Termination for good cause is possible in writing at any time without notice. Important reasons can be
a) if, after conclusion of the contract, circumstances arise outside the sphere of telequest which make it impossible for telequest to provide its services, in particular if the network operator or provider discontinues its services;
b) in the event of misuse of the (service) telephone numbers by the customer;
c) if the customer breaches material obligations;
d) if the customer is in default of payment or if there are justified doubts about his ability to pay;
e) if circumstances become apparent which give rise to the assumption of a criminal offense by the customer, his agents or his customers;
f) if insolvency proceedings are opened against the customer’s assets, if such proceedings are rejected for lack of assets or if an application is made for out-of-court settlement proceedings;
g) in the event of a breach of statutory or regulatory provisions;
h) if the customer has deliberately provided false information about his person, company, creditworthiness, address or bank details;
15.3 Consequences of termination (ordinary and extraordinary)
a) Termination does not entitle the customer to claim damages from telequest.
b) If the customer terminates the contract before te-lequest’s obligation to perform has begun, he is obliged to reimburse the costs already incurred.
c) telequest may use the allocated (service) telephone numbers for other customers and purposes. Acquired rights and obligations of te-lequest or the customer are not affected by the termination of this agreement.
d) telequest reserves the right to retain part of the monies owed to the customer for future charge-backs or to settle possible legal costs and fines.
e) Cancellation of an individual (service) telephone number Individual cancellations of (service) telephone numbers are possible at any time under the contractual agreements. The (service) telephone numbers which become free may be used immediately by telequest for other purposes.
§ (16) Confidentiality and data protection provisions
16.1 All information and documents relating to the contractual relationship between the customer and telequest must be treated confidentially by both parties to the contract and protected from access by third parties. In this case, the contracting parties are also responsible for the conduct of their employees.
16.2 Customer data is treated in strict confidence by telequest. Data will only be passed on in exceptional cases on the basis of mandatory legal provisions or on the basis of an official order and only to authorized state authorities.
16.3 It is agreed that the contents and conditions of this contract may not be published or made accessible to third parties.
§ (17) Assignment
17.1 The customer may only assign his rights and obligations to third parties with the consent of telequest.
17.2 telequest is entitled to transfer the contract to another company.
§ (18) Amendments (GTC, contract)
18.1 All changes must be made in writing.
18.2 telequest is entitled to amend these GTC and all other contractual agreements at any time.
The customer shall be notified of all changes in writing (including by fax) at least 30 days before they come into effect (effective date of change). If there are disadvantages for the customer, he has the right to terminate the contract on the effective date of the new agreements. Notice of termination must be received by telequest by the effective date of change.
§ (19) Place of jurisdiction – applicable law
The place of jurisdiction shall be the competent court in Graz and the application of Austrian law with the exception of the provisions of Austrian international private law. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
§ (20) Severability clause
Should individual provisions of these GTC be invalid or should there be a loophole in these GTC, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the provision that comes closest to the purpose of the invalid provision shall be deemed to have been agreed. In the event of a loophole, the provision that corresponds to the economic purpose of these GTC shall be deemed to have been agreed.
Declaration of consent
I/We have read the above GTC (page 1 – 4) of telequest & Internet Solutions GmbH and agree with the content. By signing, these GTC become part of the existing contracts between telequest and the customer.
Name/Company:
Address:
_______________
Date
_________________________
Signature
Please fill in the fields above and fax this form to the following telequest number:
0043-316-474422-13
General Terms and Conditions of telequest & Internet Solutions GmbH
§ (1) General – scope of contract
1.1 The General Terms and Conditions presented here are applicable to all agreements and services that telequest & Internet Solutions GmbH (hereinafter referred to as telequest) concludes with its customer. They also apply to future orders, even if no specific reference is made to them. The customer’s own general terms and conditions are not applicable, even if telequest does not expressly contradict them.
1.2 These General Terms and Conditions contain the entire basis of the agreement between the contractual parties and replace all previous agreements made orally or in writing.
1.3 The business field of telequest covers the national and international switching of diverse (service) telephone numbers, voting and drop charge numbers, together with consultation and technical assistance in the areas of telecommunications, particularly IVR and audiotex applications.
1.4 telequest provides its services in accordance with statutory and regulatory provisions. All agreements in the contract, in the order confirmation of the quotation, or in the order form submitted by the customer (telequest service telephone number order), are based on these General Terms and Conditions. The currently valid version of the codes of conduct of the corresponding countries, together with any possible appendices and supplementary agreements, also form part of the agreement with the customer.
1.5 The contracting parties are aware of the complex nature of telecommunications and take account of the possible problems that may arise from data transmission and data processing. The same is to be borne in mind in lieu of possible defaults and damages.
1.6 telequest may provide its services using its own technology, together with transmission paths and technical equipment belonging to a third party. The customer is aware of this. telequest is entitled to change the technical equipment forming the basis of the services, and to make use of other vicarious agents, provided that the quality of service provided to the customer will not, as a result, be considerably deteriorated, and that no additional hardships arise over and above a reasonable extent.
1.7 All agreements must be drawn up in writing.
1.8 In principle, all quotations are subject to confirmation.
1.9 The customer accepts these General Terms and Conditions and agrees to their content with the issue of the signed contract, the order confirmation, or the order form.
§ (2) Contract conclusion
2.1 For a valid contract, telequest must be informed of the following customer data: Correct name or company as per the company register, company register number, legal status, business address, invoice address, tax number, sales tax identification number and/or VAT number, and bank details (name of bank, IBAN, SWIFT);
2.2 The contract comes into effect when the customer has filled in and signed one of the following documents and sent it to telequest:
– contract
– order confirmation
– order form
In addition, acceptance by telequest, who is at liberty to confirm these orders in writing, is required. The contract also comes into effect when telequest has activated the service. telequest has the right to decline an order without stating its reasons.
§ (3) Term of contract
The contract is binding for a period of three months. If the contract is not terminated within this length of time, with one month’s notice from the month’s end, it shall be extended indefinitely.
§ (4) Porting
If the customer is already using (service) telephone numbers of another provider or network operator before the contract with telequest is concluded, these numbers can be ported to telequest. The essential requirement for this is that the process is technically and practically possible.
4.1 Porting by the customer
The customer places the appropriate porting order with his previous provider or network operator.
4.2 Porting by telequest
On request, telequest may carry out the porting on behalf of the customer. The customer must grant telequest suitable authority for this.
§ (5) Service restrictions by telequest
Essential repair and maintenance work may result in restrictions to the scope of service for limited periods of time. Wherever possible, telequest will inform its customers in good time of the nature and extent of the restriction. The statutory rights and obligations of the customer remain unaffected by this. In the following cases, telequest is at liberty to take the following actions:
5.1 Suspension and barring of (service) telephone numbers will occur:
a) If the customer has not complied with the regulatory provisions and legal requirements;
b) If, despite being requested to do so, the customer has not eliminated an interference factor that lies in his area of responsibility;
c) If telequest terminates the contract without notice;
d) If unforeseen circumstances puts the equipment of telequest and/or its vicarious agent at risk, or is a threat to public safety;
e) If telequest or its vicarious agent carries out necessary work on the technical equipment that is not possible without interruption to the service;
f) If telequest is obliged to stop the provision of the (service) telephone numbers because of an official or judicial order;
g) If the customer falls behind with his payments;
h) If insolvency proceedings are instituted against the customer’s assets, or if this is dismissed in the absence of assets;
5.2 Withdrawal of (service) telephone numbers
If the allocated telephone number is not used by the customer within three months of activation, telequest has the right to withdraw it from the customer, provided that a 14-day notice period is observed.
§ (6) Rights and obligations of telequest
6.1 (Service) telephone number routing (geographical termination number)
As far as it is technically and operationally possible, incoming calls to the customer’s (service) telephone numbers are routed via telequest to the (service) telephone numbers to be advised by the customer in writing. The prices for the switching and the operation of the service arise from the contract (or the order form).
6.2 Issue of the (service) telephone number
The telephone number is issued by telequest, who shall be obliged to comply with the currently relevant national or international legal and official guidelines.
6.3 New (service) telephone numbers – routing changes
On the customer’s request, additional (service) telephone numbers can be activated during the contract period, and routing changes can be implemented. The essential requirement for this is that it is technically and practically possible for telequest, the network operator, or the provider commissioned by telequest. Routing changes may be requested in writing. Orders for new (service) telephone numbers must be placed using telequest’s original order form.
6.4 Misuse of the (service) telephone numbers
telequest checks each case of misuse in connection with the service telephone numbers that it has passed on. The reasons for this, among others, may be:
– a clearly ascertainable increase in the number and duration of the generated calls
– individual calls of a long duration
– when there is a suspicion that the customer or his employee is in contact with the caller.
6.5 Complaints from end customers
In principle, end customer appeals are forwarded to the customer, in compliance with data protection provisions. At the request of the customer, and if necessary, telequest can take over the handling of the matter and will charge € 100- per hour for the work involved, if another solution is not agreed upon with the customer.
§ (7) Rights and obligations of the customer
7.1 The customer is obliged to comply, without exception, with the statutory and regulatory provisions and the country-specific codes of conduct for his services that are connected with the service provided by telequest.
7.2 In principle, the customer himself must seek the necessary information concerning the provisions in the individual countries.
7.3 telequest only facilitates access to the customer’s services via (service) telephone numbers, and is not responsible for the content of these services. The customer must also convey this point to his own customers.
7.4 Description of the service
The service provided must be described in detail on the order form. telequest must be notified in writing of any modification or supplement to the contract. This notification becomes part of the contract. The customer may also be requested to present, in writing, documents relating to services that take place via (service) telephone numbers of telequest.
7.5 The services of telequest are only to be used by the customer within the bounds of his business operation, and he must refrain from any misuse of the services.
7.6 The customer must ensure that the service provided to him by telequest is not be misused by any third party.
7.7 The customer must state the anticipated traffic (peak and off-peak times) at the time of order. If particular peak times are to be anticipated during the contract period, the customer must inform telequest about them in good time, as otherwise this may result in the non-delivery of individual calls.
7.8 Obligation of confidentiality
7.8.1 The customer and his employees are obliged to maintain the strictest confidentiality with regard to all information concerning this business relationship. This also applies after the completion of the business relationship.
7.8.2 telequest can provide the customer with an online account. The customer must not disclose the associated access code to unauthorized persons. This also applies to test numbers, as well as the geographical termination numbers of the (service) telephone numbers allocated to the customer.
7.8.3 Should there be grounds for assuming that a third party has knowledge of the numbers referred to above, the customer is obliged to change these numbers immediately and to notify telequest of this.
7.9 Duty of disclosure
7.9.1 Fault report
The customer must, without delay, notify telequest of any faults in the area of the (service) telephone numbers (fault report).
7.9.2 Data amendment
telequest must be notified without delay and in writing of any change to the customer’s telephone number, name, company, legal status, business headquarters, invoice address, or bank details.
7.9.3 Proceedings in court or appearance before the authorities
telequest must be notified immediately, and in writing, if the customer is threatened by proceedings in court, or by an appearance before the authorities, where these actions are connected with the services provided by telequest, or if these actions may result in consequences for telequest. This also applies primarily to the institution of bankruptcy or compensation proceedings.
7.10 Uncovering of misuse
If telequest carries out an investigation into a possible misuse of the (service) telephone numbers and services it provides, the customer is obliged to give active support by, among other things, handing over documents and information.
7.11 Access authorization
By arrangement, the customer will grant telequest, and/or its vicarious agents, access to its company premises at reasonable times, in the event that service provision or repair technical equipment is required.
§ (8) Warranty
8.1 telequest undertakes to provide the full statutory warranty for its area of services.
8.2 The availability and quality of the services provided by a third party are not in the area of services of telequest.
8.3 The customer must check the accessibility of the telephone numbers from all networks (mobile and fixed networks) of a particular country. This is not considered as part of the warranty area of telequest.
§ (9) Liability
9.1 Liability of telequest
9.1.1 In principle, telequest is only liable in cases of intent or gross negligence.
9.1.2 Liability for damages is accepted up to the equivalent amount of the related service, the maximum amount of compensation, notwithstanding, is € 35,000-. If several persons have incurred damages, the maximum amount must be divided according to their shares.
9.1.3 No liability can be accepted:
a) for indirect and consequential damages, in so far as statutory provisions permit;
b) for damages that the customer could have prevented;
c) in cases of Acts of God or unforeseeable events;
d) with operationally necessary modifications or interruptions (telequest will notify its customers of the interruption in good time, if it is technically and practically possible);
e) for complaints and appeals by end customers concerning the contents of a service, in such cases the customer must completely indemnify telequest against any complaint or disadvantage;
f) for service breakdowns of telequest that have occurred as a result of an error on transmission paths or technical equipment of a third party;
9.1.4 Where damages are incurred due to poor availability or quality of the technical equipment and the transmission paths, telequest can transfer possible claims for damages against the third party to the customer.
9.1.5 The aforementioned disclaimer and limitations of liability also apply to telequest’s employees and representatives.
9.2 Liability of the customer
9.2.1 If calls are forwarded to a connection other than the one agreed in the contract without prior consent of the current owner, telequest may hold the customer liable for any damage thereby occurred.
9.2.2 The customer is liable for all costs, expenditures and damages that may arise as a consequence of an unauthorized access to the services he handles via the (service) telephone numbers of telequest, or which result from a misuse or illegal use of (service) telephone numbers of telequest.
9.2.3 If the customer infringes a provision of these General Terms and Conditions, telequest accepts no liability for any damage thereby occurred.
§ (10) Charges and terms of payment
10.1 In principle, charges to be paid by the customer and billing conditions arise from the appropriate agreements and/or the quotation given to him.
10.2 telequest reserves the right to adjust prices and fees in line with the market situation.
10.3 Payment of all charges to the customers takes place at the same extent to which telequest receives these charges from the network operator or a third party. telequest can accept no liability for collectibility and payment of the charges – the customer bears the risk of any shortfall.
10.4 telequest reserves the right to pass on the full amount of any shortfall caused by complaints or end customer complaints to the customer. If it cannot be set off against an existing credit, the customer must transfer the outstanding amount into a bank account nominated by telequest within seven days of the request for payment. If necessary, telequest will make the appropriate documentation available to the customer, in compliance with the data protection acts.
10.5 If network operators or providers make reclaims against telequest, telequest reserves the right to pass them on to the customer. After calculation of the amount to be repaid, telequest will inform the customer about this outstanding amount, and the method of payment. If the amount to be repaid cannot be set off against an existing credit, the customer must transfer the outstanding amount into a bank account nominated by telequest within seven days of the request for payment.
10.6 telequest is entitled to set off, against the credits, all amounts due that the customer owes telequest for payment from this agreement.
10.7 The charges in the bill are based on the network operators’ or providers’ data delivered to telequest (minutes, calls) and the prices agreed upon with the customer. Billing is effected in the currency of the particular country along with a statement of the exchange rate applied. Bank transfers in foreign currency are passed on in accordance with currency fluctuations.
10.8 The bill is prepared by telequest on a monthly basis.
10.9 Credit transfers take place in accordance with the quotation.
10.10 Claims against the customer are due, and payable promptly without deduction, on receipt of the invoice. In the event that the customer is in default of payment, telequest will charge a default interest rate of 5 % above the current base rate of the European Central Bank. Additional costs and expenses as a result of the default will be charged to the customer as well. telequest expressly reserves the right to assert further claims against the customer.
10.11 In case of any disagreement between telequest and the customer with regard to the bill, the records of telequest may be examined objectively by a neutral accountant or tax consultant who shall be bound, by his or her professional duty, to maintain the strictest confidentiality. If required, the local branch of the Austrian Federal Economic Chamber in the province of Styria (“Wirtschaftskammer Steiermark”) may be called upon to choose an accountant. The accountant may only disclose whether or not the calculations have taken place in accordance with the agreement.
The accountant’s statement is binding. Costs must be borne by the defeated party. In this case, the settlement date of the disputed sum shall be postponed until a decision is reached.
10.12 For future payment amounts, telequest may demand reasonable payments in advance, a direct debit authorization for a customer’s account, or the production of a debt guarantee from a bank based in Austria or in another EU member state.
10.13 Taxes, duties and charges in connection with payments made from telequest to the customer must be settled by the customer himself according to the applicable laws in his country.
§ (11) Interferences
11.1 Interferences may arise from Acts of God, industrial disputes, measures imposed by the authorities, as well as necessary technical modifications in the network operators’ or the vicarious agents’ systems telequest uses. As long as interferences last, telequest is free from its obligation to provide service to the customer. The customer’s statutory rights and obligations remain unaffected by this.
11.2 If the customer is responsible for the interference or if he has neglected to pass on an interference report, he must bear the costs resulting from this.
§ (12) Statistical records
12.1 telequest shall provide its customers, on request, with statistical records in which the number of calls and generated minutes with each (service) telephone numbers of the customer are listed in detail.
12.2 As an alternative to this, telequest is at liberty to provide the customer with this information via the Internet.
12.3 Only the bills in print sent monthly to the customer are legally binding. These bills are based on the original bills of the respective network operator or provider.
§ (13) Dialer programs
If the customer uses PC dialer programmes or similar programmes for billing purposes, he must be aware of all statutory provisions and special legal requirements hereto in the particular countries and must make sure that all relevant statutory provisions and legal requirements are complied with. The customer must assume full liability for any infringement of such provisions and requirements and must indemnify telequest from any complaint or damage.
§ (14) Geographical termination number
Under no circumstances should a geographical termination number involve a (service) telephone number that is subject to charges.
§ (15) Termination
In principle, contracts are binding for a period of three months. If a contract is not terminated within this length of time by one month’s notice, it will be extended for an indefinite period of time.
15.1 Termination
The contract may be terminated at the end of a quarter, provided that a six weeks notice period is observed. The termination must take place in writing and must be declared as such.
15.2 Extraordinary notice of cancellation
The contract can be terminated due to good cause at any time without observing a notice period. Notice of cancellation must be in writing.
Good causes may be if:
a) after conclusion of a contract, circumstances occur outside the area of telequest’s responsibility which make it impossible to provide its services, in particular if a network operator or a provider closes down its services;
b) the customer misuses the (service) telephone number;
c) the customer violates fundamental obligations;
d) the customer falls behind with payments, or if there are legitimate doubts about his solvency;
e) circumstances become manifest that the customer, his agents, or his customers may assumingly be guilty of a criminal offense;
f) insolvency proceedings are instituted against the customer’s assets, or such are dismissed in the absence of assets, or the customer files for reorganization out of court;
g) there is a violation of statutory or regulatory requirements;
h) the customer knowingly makes a false statement of his own personal data, company, credit-worthiness, or bank details;
15.3 Consequences of the termination (normal or extraordinary)
a) A termination does not give the customer grounds for claiming damages against telequest.
b) If the customer terminates before telequest can commence operations, he is obliged to compensate for the costs already occurred.
c) telequest may use the allocated (service) telephone numbers for other customers and purposes. Rights and obligations acquired by telequest or by the customer are not affected by the termination of the contract.
d) telequest reserves the right to withhold part of the customer’s outstanding amounts for future charge-back claims, or for the settlement of possible legal cost and fines.
15.4 Cancellation of an individual (service) telephone number
Individual cancellations of (service) telephone numbers are possible at any time under the contractual agreements. telequest is entitled to use the cleared (service) telephone number immediately otherwise.
§ (16) Confidentiality and data protection provisions
16.1 All information and documents connected with the contractual relationship of the customer and telequest must be dealt with confidentially by the parties, and must be protected against access of third parties. In this case, the parties are also responsible for the conduct of their employees.
16.2 telequest handles customers’ data with the utmost discretion. As an exception, data will be communicated to government bodies or other authorities duly authorized only on the grounds of compelling statutory provisions or in compliance with an official order.
16.3 The parties agree that the contents and conditions of this contract will not be made public or made accessible to third parties.
§ (17) Assignment
17.1 The customer may only assign his or her rights and obligations to a third party with the prior consent of telequest.
17.2 telequest is entitled to assign all rights and obligations from the contract to another company.
§ (18) Modifications (General Terms and Conditions, contract)
18.1 All modifications must be made in writing.
18.2 telequest is entitled to modify these General Terms and Conditions and all other stipulations at any time.
All modifications will be notified to the customer in writing (also by fax) at least 30 days before they come into effect (set date for the modification). If modifications put the customer at a disadvantage, he will have the right to cancel the contract on the date set for the modification. telequest must receive the notice of cancellation before the set date for the modification.
§ (19) Place of jurisdiction – applicable law
The place of jurisdiction is the competent court in Graz. It is agreed that Austrian law, except for the provisions of Austrian international civil law, applies. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
§ (20) Supplementary clause
If any provision of this agreement shall be or will become completely or partially ineffective, or if this agreement shall be incomplete, the validity of the residual provisions remains unaffected. Ineffective provisions will automatically be replaced by effective ones that shall serve the intended purpose in the best possible manner. In the event of this agreement being incomplete, the provision which corresponds to that which would have been agreed upon, shall be deemed to be agreed upon, according to this agreement’s economic purpose, if the contractual parties had considered the matter from the start.
Declaration of agreement
I/we have read the General Terms and Conditions of telequest & Internet Solutions GmbH as reproduced above (pages 1 – 4) and agree to their contents. By signing this document, the General Terms and Conditions of telequest & Internet Solutions GmbH become part of the existing contract between telequest and the customer.
Name/Company:
Address:
_______________
Date
_________________________
Signature
Please fill in the above fields and fax this sheet to telequest at the following number:
0043-316-474422-13
INFORMATION PROVIDED
As at 23.12.2023
The use of our website is not conditional on the transmission of your personal data. Therefore, the TEMPULSE.GLOBAL website also stores personal data without your consent. However, you can voluntarily provide us with this information (such as your name, your company, your e-mail address, your telephone and fax number) for certain purposes in the designated areas of the TEMPULSE.GLOBAL website.
We will not ask you on the TEMPULSE.GLOBAL website to provide us with so-called special types of personal data within the meaning of Section 3 (9) BDSG (such as data on racial and ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or sex life). However, if you provide us with such information unsolicited and voluntarily, you allow us to store it as part of the registration process and to use it for the purposes of this website.
COOKIES AND WEB BEACONS
In order to efficiently manage the TEMPULSE.GLOBAL website and improve navigation, we or our service provider(s) use cookies (small text files that are offered to the user’s browser) or web beacons (small image files that allow the TEMPULSE.GLOBAL website to determine the number of visitors to a specific area of the TEMPULSE.GLOBAL website and request certain cookies to be placed) to collect abstract usage data.
We use these tools to collect user data such as IP address, domain, browser type, language, access times and pages visited on our website. This collected information is forwarded to our webmasters to ensure that our website remains a useful and effective source of information.
Neither our cookies nor our web beacons collect personal data such as names or e-mail addresses. To prevent your Internet browser from receiving cookies or web beacons at all, you should set your Internet browser so that it either no longer receives cookies or web beacons at all or asks you to give your consent to receive each individual cookie or web beacon.
Read our Cookie Notice for more information on how to disable these tools.
Under certain circumstances, however, the TEMPULSE.GLOBAL website may require the receipt of a cookie and/or web beacon and otherwise deny visitors access to certain areas.
You can prevent your anonymized internet activities on websites from being recorded by analysis cookies by opting out. We use the following service providers. You can find out more about their privacy policies and how you can use the opt-out function by clicking on the following links:
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USE OF DATA TRANSMITTED IN THE CONTEXT OF USING THE TEMPULSE.GLOBAL WEBSITE:
The personal data you leave on the TEMPULSE.GLOBAL website will only be used for the purposes for which the visitor has voluntarily consented within the meaning of § 4a BDSG, in the case of registration to receive general or exclusive information, as well as for purposes that registered users could expect according to the circumstances of website use.
If, as a registered visitor, you no longer wish to use the information or other areas offered, you can object to the future use of your personal data at any time.
To do so, please contact datenschutz@tempulse.global as the responsible body within the meaning of the BDSG. There are no costs for the objection other than the transmission costs according to the basic rates.
USE OF DATA TRANSMITTED IN THE CONTEXT OF A BUSINESS RELATIONSHIP
TEMPULSE.GLOBAL uses the data transmitted in the context of a business relationship for the purpose of implementing individual contractual relationships.
Insofar as TEMPULSE.GLOBAL as the responsible body within the meaning of the BDSG and its affiliated companies use the personal data transmitted by you for their own marketing purposes in a legally permissible manner, you can object to this at any time by sending a corresponding message to datenschutz@tempulse.global.
There are no costs for the objection other than the transmission costs according to the basic rates. Alternatively, you can click on the individual “Unsubscribe” link in the respective marketing emails.
DISCLOSURE OF INFORMATION TO THIRD PARTIES
We will not pass on your personal data to external third parties without your consent. However, in accordance with § 4a BDSG, you agree that we may pass on your personal data to service providers (who may also be located abroad) who process or manage this data on our behalf and for our purposes. Irrespective of this, if you register in accordance with § 4a BDSG, you agree that we may also send your personal data within the TEMPULSE CONSULTANCY GLOBAL organization, in particular to the member companies of TEMPULSE CONSULTANCY GLOBAL (usually abroad).
In connection with the forwarding of information within TEMPULSE CONSULTANCY GLOBAL, please note that the individual branches are nationally autonomous and independent, are generally subject to a law that deviates from the Federal Data Protection Act and may have issued a declaration on the protection of privacy and personal data that deviates from this.
We would therefore like to ask you to read the respective privacy statements before forwarding your personal data to certain other branches of TEMPULSE CONSULTANCY GLOBAL. This also applies if you instruct us to forward your personal data to them.
TEMPULSE CONSULTANCY GLOBAL accepts no liability for the content and/or data protection treatment of data that you or we leave on other websites at your request. Any further disclosure of personal data will only take place within the framework of the Federal Data Protection Act, in particular if we are legally obliged to disclose data to courts or authorities in Germany or, in the case of data transfer abroad, to courts and authorities abroad.
Blogs, forums, wikis and other social media applications
This website offers you the opportunity to connect to various blogs, forums, wikis or other social media applications or services and to share information with other users. However, when using these social media applications, please always be aware that the information disseminated via this information channel is beyond our control and can (also) be read, stored and/or used by other users. We therefore accept no responsibility for these people and how they handle your (personal) data.
DATA SECURITY
TEMPULSE.GLOBAL uses generally accepted technological security standards to protect visitor data entered on the German website against misuse, loss and falsification. In addition, only certain TEMPULSE.GLOBAL employees are authorized to access personally identifiable visitor data.
Within the scope of the purpose of the transfer, these employees ensure that the confidentiality of this sensitive data is maintained. This principle also applies to the websites of the other participating branches (including certain branches of TEMPULSE GLOBAL CONSULTANCY) in accordance with the confidentiality declarations issued by them and thus also to the employees, representatives and affiliated companies to whom visitor data is passed on within the scope of the purpose of the transfer.
If a visitor leaves data on this website, he/she agrees to the collection, processing and use of data by TEMPULSE.GLOBAL (taking into account the website communication and the provision of this confidentiality notice, which can be accessed at any time) simply by submitting his/her visitor data in accordance with § 4a of the Federal Data Protection Act. All visitors to this website are also advised that links (electronic “references”) on the German website lead to other websites and third-party information. Unless expressly warranted above, TEMPULSE.GLOBAL accepts no responsibility whatsoever for content on third-party websites, including with regard to compliance with certain security standards or compliance with the Federal Data Protection Act.
AMENDMENT TO THIS DECLARATION ON THE PROTECTION OF PRIVACY AND PERSONAL DATA:
TEMPULSE GLOBAL CONSULTANCY reserves the right to amend this privacy policy at any time. The date of the last change is indicated at the beginning of this statement. The TEMPULSE.GLOBAL website, including this statement, has been set up to provide general information and advice on specific topics, but not to deal with individual topics in depth.
The TEMPULSE.GLOBAL website is not intended to provide binding advice (including on accounting, tax, legal or investment matters), any other service or work or any answer to a related question. Accordingly, you may not rely on the content of the TEMPULSE.GLOBAL website for any decision or action and should therefore always consult a suitably qualified advisor on matters relating to your personal finances and business.
PROTECTION OF THE PRIVACY AND PERSONAL SPHERE OF MINORS
TEMPULSE.GLOBAL emphasizes the importance of protecting the privacy and personal sphere of minors (explicitly children under the age of 13), particularly with regard to the possible misuse of today’s Internet communication.
For this reason, TEMPULSE GLOBAL CONSULTANCY would like to emphasize that the TEMPULSE.GLOBAL website has not been designed to inform minors or to collect data from minors.
QUESTIONS ON THE PROTECTION OF PRIVACY AND PERSONAL SPHERE
If you have any questions about this privacy policy or if you believe that you have specific concerns that should be given special consideration, you are welcome to send your questions and suggestions directly to our webmaster at datenschutz@tempulse.global.
PRIVACY POLICY FOR THE USE OF GOOGLE ANALYTICS AND MATOMO
Our websites use the web analysis service Google Analytics from Google Inc (“Google”) and Matomo, an independent analysis platform that enables us to gain insights into the behavior of our website visitors in compliance with data protection regulations. In accordance with the highest ethical standards and data protection guidelines, Matomo offers the opportunity to use data confidently and responsibly.
Small text files, so-called “cookies”, are stored on your PC by a server on the Internet, which enable an analysis of your usage behavior on this website. The information generated and collected by the cookie is usually transferred to a Google or Matomo Analytics server in the USA and Frankfurt am Main, Germany, where it is analyzed and stored.
If IP anonymization is activated on this website, the IP address will first be transmitted by Google or Matomo within the member states of the Google or Matomo Analytics will use the above information on behalf of the website operator to evaluate visitor flows and interactions on this website and to compile reports on website activity. In addition, other services related to website and internet usage are provided to the website operator. It is possible for you to prevent the storage of cookies on your computer and thus prevent the use of Google Analytics and Matomo by setting your browser software accordingly. However, this setting may mean that you will not be able to use all the functions of this website to their full extent.
In addition, you have the option of preventing the transmission of your data about the use of this website to and the processing of this data by Google or Matomo Analytics by downloading and installing the browser plug-ins available under the following links:
With boundless enthusiasm, BERND FERBER and TEAM set new impulses at the pulse of time and invite you to think creatively. The aim is for you to achieve new goals as a lateral thinker. Our thing is to radiate new life energy, to polarize and to keep the audience on the edge of their seats. Our mission is to help people realize innovations that know no boundaries and to highlight and exploit the opportunities of digital transformation. The aim is to leave the boundaries of “permanent scarcity” behind. What does all this have to do with you? Let’s find out together.
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TEMPULSE GLOBAL CONSULTANCY
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TERMS OF USE
TEMPULSE.GLOBAL consists of various individual worldwide, country or service-specific websites. Each of these separate websites that you view at any time during your use of TEMPULSE.GLOBAL is according to the “location” of the website. These Terms of Use apply to the individual worldwide, regional, country or service-specific websites that you viewed on TEMPULSE.GLOBAL before clicking on these Terms of Use. This individual website is referred to in the Terms of Use as “TEMPULSE.GLOBAL”. By using this website, you agree to the Terms of Use of this website. If you do not agree to them, you are not permitted to use this website and must stop using it immediately.
TEMPULSE.GLOBAL ” refers to TEMPULSE.CONSULTANCY, the branches of TEMPULSE.GLOBAL and its affiliated companies.
Each separate global, regional, country or service-specific website within the ” TEMPULSE.GLOBAL ” is governed by its own USE OF CONTENT; RESTRICTIONS AND PRIVACY POLICY.
Except as otherwise provided in the applicable Content, and provided that you comply with all obligations in the Terms of Use, you may view, copy, print and distribute (but not modify) the Content on this Website, provided that
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(2.) each copy of the content made by you contains the copyright notice or other attribution of the content.
The contents of the website may only be used for information purposes. In particular, the contents of the website may not be used in combination with other works, publications or websites, regardless of whether these are your own or those of third parties.
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When accessing and using this website, you will comply with all applicable laws.
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THE TEMPULSE.GLOBAL website has been set up to provide general information and advice on specific topics, but not to deal with individual topics in depth. The TEMPULSE.GLOBAL website is not intended to provide binding advice (including on accounting, tax, legal or investment matters), any other service or work or any answer to a related question. Accordingly, you cannot rely on the content of this website for any decision or action and should therefore always consult a suitably qualified advisor on matters relating to your personal finances and business.
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We may, at our sole discretion, modify these Terms of Use at any time by posting the modified Terms of Use under the “TERMS OF USE” link (i.e., on the website you are currently viewing) or elsewhere on this website.
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This Cookie Notice is part of our PRIVACY POLICY.
For more information on how we handle and protect the data/information entrusted to us, please see our link to the PRIVACY POLICY. In order to provide you with information that is tailored to your individual needs and relevant to you, this website uses cookies to collect and store information about you and your usage behavior. Cookies are small text files that are stored by a website server on your computer or other device for Internet use.
Your web browser sends these cookies back to the website each time you visit.
This enables us to identify you when you visit the site again and to store information relating to your preferences.
You can find more information about cookies and how they work here.
First, however, you should inform yourself about our LEGAL NOTICE.
Every time you visit our website, information is stored using cookies and other technologies.
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HOW DO WE USE COOKIES?
Certain cookies we use are necessary to enable you to navigate our website and to use certain functions, such as access to protected areas and content for registered users.
We also use functional cookies to store information about the settings you have selected and to tailor our website to your needs.
This applies, for example, to the selection of language and region.
This information is anonymized and is not used for any purpose other than those described here. We also use analysis services that enable us to determine the impact of our website content and to optimize the interest of visitors in the respective content.
The services also contribute to optimizing the function of the website.
Further information on this can be found in our PRIVACY POLICY.
The number of website visitors is recorded using web beacons (or tracking pixels). Performance cookies are used to recognize how many individual visitors visit our website and how often. The recording is used solely for statistical purposes and not to identify users personally. If you have registered and logged in to our website, we have the option of linking this information with information provided to us by the analysis services and cookies we use.
This serves the purpose of learning more about your usage behavior on our website.
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Cookies from the following service providers are used to provide our website:
Google Analytics: http://www.google.com/analytics/learn.privacy.html
Matomo: https://matomo.org/gdpr-analytics/
Further information on our use of Google Analytics or Matomo can be found under PRIVACY / Security.
SOCIAL BUTTONS
We offer visitors to our website the use of so-called
“SOCIAL BUTTONS”. These “SOCIAL BUTTONS” allow the user to mark websites or share them with other people. The buttons are linked to social media websites and enable their operators to log information about your activities on the Internet, including your behavior on this website.
Please refer to the respective terms of use and privacy policies of these operators to find out how they use your information, how you can delete your data or how you can prevent your data from being transmitted to these operators in advance (opt-out).
EXTERNAL WEB SERVICES
In some cases, we use external web services to display information on our website. Such external web services are used, for example, to provide images and videos.
With your consent, our website uses the visitor action pixel from Facebook, Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”) to measure conversions. This allows the behavior of site visitors to be tracked after they have been redirected to the provider’s website by clicking on a Facebook ad. This allows the effectiveness of Facebook ads to be evaluated for statistical and market research purposes and future advertising measures to be optimized. The data collected is anonymous to us as the operator of this website; we cannot draw any conclusions about the identity of the users. However, the data is stored and processed by Facebook so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes in accordance with the Facebook Data Usage Policy. This allows Facebook to place advertisements on Facebook pages and outside of Facebook. This use of the data cannot be influenced by us as the site operator. A cookie may also be stored on your computer for these purposes. You can find further information on protecting your privacy in Facebook’s privacy policy: https://www.facebook.com/about/privacy/.
You can also use the remarketing function “Custom Audiences” in the settings for advertisements at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen
deactivate it. To do this, you must be logged in to Facebook. If you do not have a Facebook account, you can deactivate usage-based advertising from Facebook on the website of the European Interactive Digital Advertising Alliance: https://www.edaa.eu/.
Functions of the Instagram service are integrated on our pages. These functions are offered by Instagram Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate your visit to our pages with your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Instagram.
You can find more information on this in Instagram’s privacy policy:
http://instagram.com/about/legal/privacy/.
Plugins of the social network LinkedIn, which is operated by LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland, are integrated on our pages.
The LinkedIn button can be recognized by the white lettering on a blue background.
If you click on this button while you are logged into your LinkedIn account, you can recommend content from our website on LinkedIn. This allows LinkedIn
assign the visit to our website to your user account. We have no knowledge of the content of the transmitted data or its use by LinkedIn.
To prevent LinkedIn from collecting the above data, log out of LinkedIn.
The purpose and scope of the data collection and the further processing and use of the data by LinkedIn, as well as your rights in this regard and setting options to protect your privacy, can be found in LinkedIn’s data protection information:
https://www.linkedin.com/legal/privacy-policy?trk=hb_ft_priv
Google+
Our pages contain plugins from the social network Google+. These are operated by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The Google+ button can be recognized by the Google logo (g) with the suffix “+”. When you visit a page on our website that contains such a plugin, your browser establishes a direct connection with the Google+ servers. As a result, the information that you have visited our website is forwarded to Google. If you are logged into Google+ via your personal user account while visiting our website, Google+ can assign the website visit to this account. Interactions via the plugin, e.g. clicking the “+1” button or leaving comments, are then transmitted to Google+ and stored there. If you wish to prevent such data transmission, please log out of Google+ before visiting our website.
The purpose and scope of the data collection and the further processing and use of the data by Google+ as well as your rights in this regard and setting options to protect your privacy can be found in Google+’s data protection information.
Youtube
Our pages contain plugins from YouTube, which belongs to Google Inc. and is based in San Bruno, California, USA. The YouTube button can be recognized by the lettering of the same name. When you visit a page on our website that contains such a plugin, your browser establishes a direct connection to the YouTube servers. This tells the YouTube server which specific page of our website you have visited. If you are logged into your personal YouTube user account while visiting our website, you enable YouTube to assign your surfing behavior directly to your personal account. If you wish to prevent such data transmission, please log out of YouTube before visiting our website.
The purpose and scope of the data collection and the further processing and use of the data by YouTube as well as your rights in this regard and setting options to protect your privacy can be found in YouTube’s data protection information at:
https://policies.google.com/privacy?hl=de&gl=de.
Plugins of the social network Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA (“Pinterest”) are integrated on our pages. The Pin-it button can be recognized by the letter P on a light background.
If you click on this button while you are logged into your Pinterest account, you can link the content of our website to your Pinterest profile. This allows Pinterest to associate your visit to our website with your user account. We have no knowledge of the content of the transmitted data or its use by Pinterest. To prevent Pinterest from collecting the above-mentioned data, log out of Pinterest.
The purpose and scope of the data collection and the further processing and use of the data by Pinterest as well as your rights in this regard and setting options to protect your privacy can be found in Pinterest’s data protection information.
Tumblr
Our pages use buttons from the Tumblr service. The provider is Tumblr, Inc, 35 East 21st St, 10th Floor, New York, NY 10010, USA. These buttons allow you to share a post or a page on Tumblr or to follow the provider on Tumblr. When you visit one of our websites with a Tumblr button, the browser establishes a direct connection to Tumblr’s servers. We have no influence on the scope of the data that Tumblr collects and transmits with the help of this plugin.
Currently, the IP address of the user and the URL of the respective website are transmitted.
Further information on this can be found in Tumblr’s privacy policy at
https://www.tumblr.com/privacy/de
Share This
ShareThis offers a customizable social sharing tool that simplifies the sharing of online content. You can easily share on the web with your friends on social sites like Facebook, Twitter, email, Digg, Reddit and more with one tool (“ShareThis Icon”). In addition to the sharing service provided directly to you, our technology also allows us to collect information about browsing and sharing from websites that use our ShareThis icon or advertising technology (“Publishers”). This enables ShareThis, Publishers, advertisers and data partners to provide relevant, targeted advertising, analytics and data modeling based on social sharing (ShareThis Icon and all applications, services and other technologies provided by ShareThis to Publishers “Publisher Applications”). You can recognize the websites that use the ShareThis Publisher Applications by the ShareThis icon on the website. Our goal is to enable advertising by displaying products and/or services you are interested in based on your recent browsing and/or sharing behavior without identifying who you are by name, email or phone number. This is often called interest-based advertising (“IBA”) or online behavioral advertising (“OBA”). For example, if you navigate to and browse Website A that uses ShareThis Publisher applications, when you subsequently visit Website B online, you may see ads that are personalized, but not personalized, on Website A according to your social sharing and/or browsing history or other personally identifying information.
Further information on IBA / OBA can be found here.
Rights of data subjects
You have the right to restrict the use of your personal data at any time. To request the implementation of your rights, please contact our data protection officer directly, whose contact details can be found at the beginning of this document. You can make use of the following data subject rights.
Right to information
Every data subject has the right to receive a summary of the personal data processed by you.
Right of rectification
Every data subject has the right to have the personal data processed by them rectified.
Right of deletion
Every data subject has the right to have the personal data processed by him/her deleted, provided that no legal obligations prevent this.
Right of restriction
Every data subject has the right to restrict the processing of their personal data for further use.
Right of objection
Every data subject has the right to object to the processing of their personal data for further use.
Data transfer right
Every data subject has the right to have the personal data processed by them transferred to third parties in a machine-readable format for further use.
Updating the data protection information
This data protection information is constantly adapted to the current functions, technologies and applicable law. This takes place at irregular intervals. The privacy policy provided on the website applies in each case.