FOXDOX - Consumer Information

With the following consumer information we comply with our statutory information duties in regard to distance selling transactions ("Fernabsatzgeschäfte") with consumers. Consumers pursuant to § 13 BGB (German Civil Code) are all natural persons that conclude a legal transaction for a purpose that cannot be attributed either to their business or their independent professional activity. Therefore, with this consumer information we inform you, as member ("FOXDOX-User") of the web-based document management system ("FOXDOX"), about all circumstances in connection with your membership as well as if applicable your use of fee-based FOXDOX services.

Provider

The provider of all services retrievable under https://www.foxdox.de and all, if applicable additional referral Internet addresses as well as the software (apps/ desk client) offered for access to FOXDOX is

d.velop business services GmbH

legally represented by

Managing Director Christoph Pliete

Schildarpstraße 6-8

48712 Gescher

Deutschland/ Germany

Telephone: +49(2542) 9307-0

E-Mail: support@foxdox.de

("Provider" or "we").

Material contractual provisions

Pursuant to Art. 246 §§ 1, 2 EGBGB (Introductory Law to the German Civil Code) we are obliged to make available to you in text form ("Textform" in terms of German law, e.g. letter, e-mail, fax) the following material contractual provisions, no later than upon contract conclusion (conclusion of your registration as FOXDOX member or conclusion of the order for fee-based services). These are not our Terms and Conditions of Service ("TCS") but only those provisions that must necessarily be made available to you. You can retrieve the complete TCS at any time under https://mein.foxdox.de/legal/termsandconditions.

1 General provisions

1.1. The Provider’s TCS apply to the use of FOXDOX by consumers in terms of § 13 BGB (German Civil Code). By registering as member, the FOXDOX user agrees to the TCS valid at this time by activating a checkbox during the registration procedure and thereby declaring his consent to the applicability of the TCS. The respective current version of the TCS can be retrieved at any time under https://mein.foxdox.de/contact .

1.2. The contract language is German. To the extent that translations of these TCS and other contract-related declarations and documents are rendered ("information versions"), only the German version is legally binding.

2 Service description

2.1. The Provider supplies FOXDOX as well as the software (apps/ desktop client) for access to FOXDOX together with the services offered there in the form in which they were provided upon FOXDOX user’s member registration in accordance with the service description applicable at this time and retrievable at any time under https://mein.foxdox.de/legal/servicedescription ("as is"). Apart from that the FOXDOX user has no claim to a certain design or configuration of FOXDOX.

2.2. The Provider is not obliged to provide any quality beyond that in Ziff. 2.1 unless such more extensive quality is warranted to the FOXDOX user. Only such qualities are deemed warranted by the Provider that are explicitly declared and confirmed by the Provider to the FOXDOX user before the FOXDOX user’s member registration in text form ("Textform" in terms of § 126b BGB - German Civil Code) and designated as warranted qualities. There is no obligation to ensure interoperability of FOXDOX with the FOXDOX user’s hardware and software unless the Provider has explicitly indicated compatible hardware and software, especially in the service description under Ziff. 2.1.

2.3. Access to FOXDOX is obtained through the Internet. The FOXDOX user is responsible for maintaining the Internet access and the software required for the FOXDOX user to access FOXDOX (such as browser, plug-ins, app-store) in accordance with the service description under https://mein.foxdox.de/legal/servicedecription .

2.4. FOXDOX is supplied to the FOXDOX user solely as a service run in the browser or using software (apps/desktop client) to use services offered by FOXDOX. The Provider is under no obligation to deliver, or grant access to source codes or interface definitions.

2.5. The Provider is entitled to offer FOXDOX and the services appertaining directly or through third parties ("subcontractors"). The Provider will only commission subcontractors domiciled in the European Union or the European Economic Area ("EU/ EEA") to render services to customers.

3 Membership

3.1. The FOXDOX Internet site and the software for access to FOXDOX (apps/ desktop client) can be requested at any time without FOXDOX registration. To use the services offered by the Provider with FOXDOX, the FOXDOX user must register as a FOXDOX member. If the Provider or a third party supplies the user a so-called Teaser Account, then this user can log in with the access data sent to him for this purpose and then register as FOXDOX member. If this user does not register according to No. 3.3, the teaser account will expire after thirty days from the time of initial use of the access data provided to the FOXDOX user for this purpose. All data found in a teaser account is then permanently deleted.

3.2. Natural persons of full legal capacity can become FOXDOX users, other persons require the consent of their legal representatives. The FOXDOX user is allowed to register as a member of FOXDOX more than once using different member names. The Provider reserves the right to refuse registration of a FOXDOX user from time to time without stating grounds. Refusal does not constitute grounds for damage claims against the Provider, subject to the provisions of No. 7. Natural persons in terms of clause 1 can become FOXDOX users if they have their habitual abode within the EU/ EEA at the time of registration.

3.3. The FOXDOX user is registered by means of an electronic registration form on the Internet site or, where available, by means of the FOXDOX software (apps/ desktop client), using a member name and password chosen by the FOXDOX user. The data entered can be corrected by overwriting the form any time prior to sending or the registration procedure can be interrupted by closing the browser window or, where available, the software. The FOXDOX user only delivers a legally binding application to the Provider upon a click on the "register" button (for fee-based services "now order new tariff fee-based"). This will be either confirmed or refused without undue delay ("unverzüglich"). A contract with the FOXDOX user is only consummated once the Provider has issued a confirmation.

3.4. To avoid wrongful registrations, the confirmation of registration is sent without undue delay ("unverzüglich") to the e-mail address indicated by the FOXDOX user in the form. The membership is confirmed using the activation link contained therein. Membership in FOXDOX only commences once this has been activated. The FOXDOX user can insert additional information to his member profile and amend or delete information already entered at any time.

4 Prices, payment conditions, default

4.1. Membership in FOXDOX is free of charge.

4.2. Individual FOXDOX services may be subject to charge now or in the future. The FOXDOX user will be informed of this no later than the initial use of a fee-based service. Prior to the initial use of a fee-based service the FOXDOX user must confirm that he has been informed that the service is fee-based and of the amount of the costs and must consent to the fee-based use of the service. The registration procedure described in Nos. 3.3 and 3.4 applies accordingly for the use of fee-based services.

4.3. The Provider reserves the right to offer services initially offered for free on a fee base in future. In such cases this No. 4 applies accordingly.

4.4. The amount of the costs for fee-based services at FOXDOX can be found in the tariff schedule, retrievable at any time in its respective current version under https://mein.foxdox.de/legal/tarif. For fee-based services the tariff applies which is valid on the day of the order, including statutory VAT. Any later tariff changes only take effect if the FOXDOX user gives his consent to the new tariff prior to using a fee-based service or content in accordance with No. 4.2; the use of a fee-based service prior to the change will remain unaffected by the tariff change.

4.5. The invoices issued by the Provider are due and payable immediately without deduction. Payment is only deemed rendered once the Provider can dispose of the payment amount. The permissible methods of payment are listed in the service description under https://mein.foxdox.de/legal/servicedescription. The Provider will accept no other payment methods.

4.6. The FOXDOX user is deemed in default ("Verzug") if he fails to render payment within thirty days after the due date and receipt of an invoice or comparable payment statement and the FOXDOX user has been notified thereof in the invoice or comparable payment statement. In the case of default ("Verzug"), the Provider is entitled to charge default interest at the rate specified by law. The Provider claims costs in the amount of EUR 5 for every reminder. The FOXDOX user is entitled to show that the Provider’s costs are substantially lower or that the provider incurred no costs. The right to assert other or further claims remains unaffected.

5 Consumer’s revocation right

If the FOXDOX user is a consumer (§ 13 BGB - German Civil Code), the following instruction as to the user’s revocation right for registration as FOXDOX member as well as the use of fee-based services under No. 4.2. including the software (apps/desktop client) offered for access to FOXDOX applies:

Revocation instruction

Revocation right

You can revoke your contractual declaration in text form ("Textform" in terms of German law, e.g. letter, fax, e-mail) within 14 days without stating grounds. The period begins after receipt of this instruction in text form ("Textform" in terms of German law), but not before contract conclusion and also not before satisfaction of our information duties pursuant to Article 246 § 2 in combination with § 1 subs. 1 and 2 EGBGB (Introductory Law to the German Civil Code) and not before satisfaction of our duties pursuant to § 312g subs. 1 clause 1 BGB (German Civil Code) in combination with Article 246 § 3 EGBGB (Introductory Law to the German Civil Code). The timely dispatch of the revocation is sufficient to safeguard the revocation period. The revocation is to be addressed to: d.velop business services GmbH, Schildarpstraße 6-8, 48712 Gescher, Deutschland/ Germany, support@foxdox.de.

Consequences of revocation

In the case of a valid revocation both the performance mutually received is to be returned and if applicable the fruits or benefits obtained (e.g. interest) are to be rendered. If you are unable to return or render the performance received as well as the fruits or benefits (e.g. benefits or advantages drawn from use or enjoyment) or if can only return or render them partially or in poor condition, you must, if applicable render us compensation for the value. This may mean that you must fulfil the contractual payment obligations for the period until the revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you when you dispatch your revocation declaration and for us when we receive it.

Special notice

Your revocation right lapses earlier if the contract was performed fully by both sides at your explicit request before you exercised your revocation right.

End of revocation instruction

6 Transfer of use and exploitation rights

By posting content in FOXDOX the FOXDOX user grants the Provider those use and exploitation rights to the content necessary such that the Provider can render the FOXDOX services for the FOXDOX user.

7 Liability and availability

7.1. To the extent not otherwise stipulated in these TCS, in the case of a breach of contractual and non-contractual duties, the Provider is liable in accordance with the law. This also applies to the Provider’s legal representatives and vicarious agents and other persons employed by the Provider in the fulfilment of his obligations ("Erfüllungsgehilfen"), including subcontractors.

7.2. The Provider is liable for damages, regardless of the legal ground, in cases of intent and gross negligence. In the case of free services, the Provider accepts no liability for simple negligence ("einfache Fahrlässigkeit"). In all other cases, the Provider only accepts liability for simple negligence for a) damage claims arising from injury to life, limb or health, as well as b) for damage claims arising from breach of a material contractual obligation. The liability for breach of a material contractual duty is limited to compensation for predictable, typically occurring damage, whereby liability for indirect damage, especially lost profits is excluded. This does not apply if the Provider fraudulently concealed a defect or in the exceptional case assumed a guarantee of quality, as well as for FOXDOX user claims under the Produkthaftungsgesetz (German Product Liability Act).

7.3. If the FOXDOX user asserts a claim for defect and after investigation of the defect notice no defect is found or the defect claimed is not the Provider’s fault resp. cannot be imputed to him, then the reasonable expense incurred by the Provider for the investigation of the defect notice is to be reimbursed by the FOXDOX user. This does not apply if the unjustified notice of defect was not the FOXDOX user’s fault resp. cannot be imputed to him, in particular, the FOXDOX user could not recognise that the defect reported does not exist or that it is not the Provider’s fault resp. cannot be imputed to him.

7.4. The availability of FOXDOX can from time to time be wholly or partially impaired due to technical difficulties that are not the Provider’s fault resp. cannot be imputed to him or for reasons of force majeure (outage (power supply and/or Internet), fire, explosion, earthquake, storm, flooding, industrial action not imputable to the Provider), or due to maintenance work that serves to maintain and improve the operability and functionality of FOXDOX. The Provider only accepts liability for the consequences of impaired availability in the context of the availability warranted to the FOXDOX user in the service description and only in accordance with Nos. 7.1 and 7.2.

7.5. The FOXDOX user is solely liable for violations of obligations by the FOXDOX user. The FOXDOX user indemnifies the Provider from all claims for payment asserted against the Provider by other FOXDOX users or third parties on account of a rights infringement by virtue of content posted for the FOXDOX user in FOXDOX and/or on account of the use of FOXDOX by the FOXDOX user. The FOXDOX user assumes upon first request all reasonable costs incurred by the Provider that result from such a rights infringement. In particular this includes the necessary costs of legal defence. This does not apply if the rights infringement was not the fault of the FOXDOX user resp. is not imputable to him. Further claims by the Provider against the FOXDOX user remain unaffected<.

7.6. If a member’s content is lost, the Provider only accepts liability in accordance with this No. 7 to the extent the FOXDOX user has satisfied his obligation to make back-ups according to the TCS.

8 Cancellation and termination of membership

8.1. The term of FOXDOX membership is indefinite.

8.2. The FOXDOX user can cancel FOXDOX membership at any time subject to a cancellation period of one calendar day. The Provider can cancel the FOXDOX user’s membership in FOXDOX at any time subject to a cancellation period of two calendar weeks. The termination in each case requires a declaration in text form ("Textform" in terms of § 126b BGB - German Civil Code).

8.3. Notwithstanding Nos. 8.1 and 8.2 the respective contractual term stated in the tariff schedule under https://mein.foxdox.de/legal/tarif applies for the use of fee-based services. Depending on the applicable tariff, the amount of the costs and the payment method, the FOXDOX user is offered the choice from a variety of contract terms. If the fee-based service use has not been cancelled in text form ("Textform" in terms of § 126b BGB - German Civil Code), either by the FOXDOX user or by the Provider, no later than one month prior to expiration of the minimum contract term, the respective term is extended again for the corresponding period in the tariff schedule. The FOXDOX user’s free membership remains unaffected by the cancellation of a fee-based service.

8.4. Upon termination of the membership, the FOXDOX user’s member profile and his access to FOXDOX are blocked. The member profile and the content posted by the FOXDOX user will be deleted completely at the end of the calendar month following the cancellation if the FOXDOX user has not reactivated his member profile prior to that. Reactivation is governed accordingly by No. 3.3. Content which the FOXDOX user intends to use further is to be downloaded and saved prior to termination of membership.

8.5. The right to extraordinary cancellation for good cause (§ 314 BGB - German Civil Code) remains unaffected. Good cause is deemed given for the Provider especially if (i) the FOXDOX user has seriously violated these TCS or despite the Provider’s warning commits continued and culpable violations of these TCS or (ii) the FOXDOX user is in default of payment ("Verzug") for the costs of using fee-based services, despite a reminder by the Provider and an extension of the payment deadline by at least two calendar weeks.

8.6. The revocation right under No. 5 remains unaffected by the cancellation rights according to this No. 8.


foxdox - Consumer information

Version 1.1.2

Issue date: 26/02/2014

© d.velop business services GmbH