GENERAL TERMS AND CONDITIONS (GTC) FOR OWNERS, MANAGERS AND EMPLOYEES WITH POWER OF ATTORNEYOF B2B COMPANIES REGARDING THE USE OF THE SMART B2B MARKET (SMARKT) MEMBERS’ AREA
Dear SMARKT member,
When you created your account, you agreed to the terms and conditions set out by SPACE800X and the privacy policy . The processing of personal data is carried out exclusively in accordance with the General Data Protection Regulation (GDPR). SPACE800X enters into the necessary data processing agreements with all third-party providers who process personal data on its behalf (e.g. payment providers, hosting providers). Users have the right to access, rectification, erasure, restriction of processing and data portability in accordance with Articles 15–27 of the GDPR.
By registering, you have also confirmed that, at the time of registration, you have full legal capacity and are authorised to register all companies that you represent here and to conduct business on their behalf.
The following Terms of Use constitute a valid contract between you, as the representative of your employer, company or other legal entity (‘you’ or ‘user’ or ‘provider’), on whose behalf you are entering into this contract with SPACE800X for Business Solutions GmbH. This contract sets out the rights and obligations relating to all licence rights and content. By accepting these Terms of Use, you confirm, amongst other things, that your country of residence matches the country of your billing address. Our platform may only be used by companies whose head office is located in a country that is a member of the European Union.
SPACE800X.com, SMARKT, SMART B2B MARKT, SMARKTb2b.com and SMART E2E MARKT are the trading names of SPACE800X for Business Solutions GmbH.
SMART B2B MARKT (SMARKT)
SPACE800X for Business Solutions GmbH (“SPACE800X” or “SPACE800X.com” or
“SMARKTb2b.com” or “SMARKT”) offers, amongst other things, technology products (referred to as ‘Tec products’), B2B events, as well as business management and technology-oriented service products (referred to as ‘service products’ or ‘services’) from third-party providers, and sales/marketing services and procurement services. On the SMARKTb2b.com or SPACE800X website “WhiteSmarkt” (referred to as the “website” or the “platform”), you can advertise and purchase service packages, Tec products, resources (documentary working materials) and B2B events, use SPACE800X mobile applications or utilise software provided by SPACE800X in any of the aforementioned contexts (collectively, the “SPACE800X Services”).
With a user licence, each user is granted the right of use through this single-user licence, which is made available to you. This licence authorises a single natural person to licence, download and use content. Except when upgrading to “WhiteSmarkt”, no other persons (including employees, colleagues or independent contractors) may access your account or use content licensed through your account.
WhiteSMARKT
Our SMARKTb2b.com software is also available in the in-house version “WhiteSmarkt” (Expert2Expert) to continuously improve internal workflows, optimise in-house synergies and reduce third-party costs. This is also the first and only software of its kind worldwide to provide an ‘out-of-the-box’ expert, expertise, technology, information and tender management system: it is easy, quick and cost-effective to set up within a company. The inhouse expertise available is mapped independently of individuals, and vice versa.
If you purchase a ‘WhiteSmarkt’ solution for ‘corporate groups’ or ‘large enterprises’, you will be granted the right to licence, download and use the content. The licence usage rights are limited to the number of individuals, companies and business units specified in the relevant software solution. The ‘WhiteSmarkt’ from SPACE800X for Business Solutions GmbH grants limited users access and usage rights, amongst other additional rights. The terms of use for our WhiteSmarkt are set out separately.
Please read the following Terms of Use and our Privacy Policy to understand how we collect and process your personal information through SPACE800X Services. SPACE800X provides the SPACE800X Services in accordance with the General Terms and Conditions set out on this page. SPACE800X.com is the trading name for SPACE800X.
NOTE: For the sake of readability, only the masculine form is used on the SPACE800X Smart B2B Marketplace platforms. However, it refers to people of all genders.
1. REGISTRATION PROCESS
1.1 The user warrants that, at the time of registration, they have full legal capacity and are authorised to enter into transactions on behalf of their company.
1.2 To start the registration process, you must submit a complete and accurate application for participation to us in accordance with the registration form. We will then check your application for accuracy and inform you whether we accept or reject it. We may also reject your application if we determine that your company, the products you offer or your corporate philosophy are not objectively suitable for becoming part of SPACE800X.
1.3 Each user may only provide one business email address at any one time. Only personal, regularly used company email addresses are permitted. Impersonal email addresses, such as those beginning with info@, are not permitted. Private email addresses or emails with domain extensions from public email service providers, such as gmail.com, google.com, etc., are also not permitted. The use of email addresses generated solely for the purpose of misusing SPACE800X is likewise prohibited. If the application does not comply with these guidelines, or in cases of doubt, the applicant will not be granted access to the platform and the application will be rejected.
1.4 If SPACE800X rejects your application for participation, you may not resubmit an application. However, if SPACE800X accepts your application and subsequently, following a factual review of additional information, determines that your company is unsuitable or is in breach of the Terms of Use/Guidelines, SPACE800X may terminate this agreement with immediate effect.
1.5 SPACE800X makes every effort to verify the accuracy of the initial registration. However, SPACE800X cannot guarantee that the data provided is 100% accurate or that the user actually exists, and gives no assurance as to a user’s identity.
1.6 The user must ensure that the details on ‘SMART B2B MARKT’ and any other information relating to their account – including their business email address, other contact details and the website login credentials – are always complete, accurate and up to date. SPACE800X may send notifications, declarations of consent and other communications relating to the ‘SMART B2B MARKT’ programme and this agreement to the relevant user administrator accounts at their current email addresses.
1.7 Once registration is complete, the user must create at least one company profile in the system and link it to their user profile. The user may create as many companies as they wish. The user is obliged to assign their company or companies to the listed business sector categories that most accurately describe the business areas in which the company operates and the products it offers, which end users can book or purchase on SPACE800X. Users may select multiple categories or create their own. If you are unsure which category to select or create, please contact SPACE800X.
1.8 Only business email addresses are permitted as usernames.
1.9 The user is obliged to keep the password created during registration confidential. The password is stored in encrypted form. SPACE800X itself cannot view the original password.
SPACE800X will never ask users to disclose their password outside the designated login field.
1.10 The user has the option to provide a separate email address for the dispatch of invoices. Should the user not make use of this service, all invoices will be sent to the user’s email address.
1.11 Use of the SPACE800X platform is reserved exclusively for traders within the meaning of Section 14 of the German Civil Code (BGB). Consumers within the meaning of Section 13 of the German Civil Code (BGB) are excluded from use. By registering, the user confirms that they are a trader and that they will use the platform exclusively for business purposes.
2. TERM OF USE
2.1 We assume that you have carefully read the SPACE800X.com, smartb2bmarkt.com or smarte2emarkt.com websites before registering on SPACE800X to use our service.
2.2 Both markets are accessible only to companies or entrepreneurs. SPACE800X is not intended for private use, but for purely business purposes. SPACE800X is available only to companies/entrepreneurs with their registered office within the European Union. Exceptions are Switzerland and Liechtenstein.
2.3 You agree to a VAT registration number check and a company validation by our payment provider, and that the data required for this may be forwarded to the relevant verification body.
2.4 The Terms of Use apply to all product and service offerings, as well as to all sales and purchases on SPACE800X.com and SMART B2B MARKT.com
2.5 Only registered members are granted access to the product and service offerings and may list products or offer them for sale. Members are hereinafter referred to as ‘Member’, ‘User’, ‘Seller’, ‘Expert’ or ‘Supplier’.
2.6 The Terms of Use for transactions are otherwise set out in the service offerings on SPACE800X.com, in these General Terms and Conditions, and on the FAQ page for businesses regarding the use of the members’ area. By ticking the checkbox at the end of the registration process, you, as a user, accept the General Terms and Conditions governing the use of the information, products and services offered on SPACE800X.com/SMART B2B MARKT.com.
2.7 During their membership, experts/sellers/providers are prohibited from concluding business transactions (contracts or product sales) relating to listed products with users acquired via SPACE800X outside the platform. This also applies to products with similar content or other products that you have not listed on the platform, or to follow-up transactions. You may, at any time, adapt further product packages to users’ needs and upload them to SPACE800X. It is also possible to upload additional project documents and project invoices to the system. In the event of breaches, SPACE800X reserves the right to claim damages and to terminate the contract with immediate effect. Furthermore, in the event of culpable breaches of this provision, a contractual penalty of 10,000 euros, plus VAT where applicable, is payable to SPACE800X for each individual breach. In such a case, we would immediately suspend your account. Users will be notified that they have breached the terms of the contract and will be recommended an alternative expert/seller/supplier company.
2.8 Users are offered deals on SPACE800X.com/SMART B2B MARKT.com where prices are tailored to the size of the company. The user agrees, upon request, to provide the average financial figures (share capital, turnover, number of employees) for the last two completed financial years, where applicable, provided that at least two of the three size criteria are met, and to have these verified by SPACE800X or by the appointed expert/seller/provider at the start of the project. SPACE800X will notify you immediately following verification if there are any discrepancies between your company’s own figures and those you have provided in your profile.
2.9 You are obliged to provide truthful information regarding certain average financial indicators or details of your company’s size that we may request as part of the order. You hereby agree that the appointed service provider/supplier may verify your details and you agree to make any necessary financial indicators available to them for the purposes of such verification. In the event of significant breaches or false statements regarding the size of your company when purchasing a product, SPACE800X reserves the right to suspend your profile, terminate your membership with immediate effect and pursue further legal claims.
2.10 Should the client fail to provide key figures for determining company size, or should discrepancies in the determination of company size cannot be resolved, the contractor (expert/provider) or SPACE800X may classify users into user groups determined by themselves. The Client must then pay the corresponding prices based on company size. However, when determining company size, the Contractor must demonstrably use reputable methods for determining key figures (e.g. investor websites, platforms such as www.transparenzregister.de).
3. RECOMMENDATIONS, PERSONALISATION AND THIRDPARTY PROVIDERS
3.1 As part of the SPACE800X services, we recommend features, products and services that may be of interest to you, based on the information you have provided and your use of the platform. These recommendations are made in particular on the basis of tracking technologies.
3.2 We engage other companies and individuals to carry out tasks on our behalf. Examples include sending letters or emails, maintaining our user lists, analysing our databases, assisting with advertising campaigns, providing search results and links (including paid offers and links), processing payments (credit card, direct debit and purchase on account), transmitting content, assessing and managing credit risks, and providing user support. These third-party service providers have access to personal information necessary to carry out their tasks. However, they are not permitted to use this information for any other purposes. Furthermore, they are obliged to handle the information in accordance with this Privacy Policy and the relevant data protection laws.
4. COPYRIGHT AND DATABASE RIGHTS
4.1 Our platform is subject to German copyright and related rights legislation. The rights to the software programmes developed for our SPACE800X Smart B2B Market product, as well as the concepts, associated business ideas and product structures, are held exclusively by SPACE800X for Business Solutions GmbH. These are protected by copyright under Sections 69a et seq. of the German Copyright Act. It is therefore not permitted to simply copy our software. To reinforce our copyright and related rights, we have deposited all necessary documents with our notary as evidence!
4.2 All content, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data collections, which are contained in or provided through a SPACE800X service, are the property of SPACE800X or of the respective third parties who supply the content or make it available on the website, and are protected by the applicable copyright and database rights.
4.3 You may use SPACE800X services exclusively for the purposes contractually agreed between us, without our express written consent. The creation of, or participation in the creation of, an imitation of the SPACE800X marketing platform for technical products and for business management and technology-oriented service products offered by registered third parties is prohibited during the term of the contract and also after its termination.
4.4 The user grants SPACE800X, free of charge, the non-exclusive, transferable right, unrestricted in terms of time, location and content, to make texts, images or video files – which the user uses to design their profile or as advisory tips, or the use of which the user permits SPACE800X – from the conclusion of the contract, to make them publicly available for commercial purposes, to reproduce them, to distribute them and to edit them for this purpose. SPACE800X is permitted, without restriction, to transfer these rights of use to partner sites in order to increase reach. These rights of use shall end upon the expiry of the contract or the complete fulfilment of the last transaction brokered via SPACE800X, whichever occurs later. The granting of these rights is intended solely for the operation, marketing and presentation of the platform and the users’ products and services. SPACE800X shall not make any further commercial use of the content.
4. 5 The user represents and warrants that they are entitled to use the texts and other materials referred to in the preceding clauses, which they submit to SPACE800X for the purpose of creating a profile and/or for other uses (newsletters, resources, information material, etc.), or to permit SPACE800X to use them, and that no third-party rights preclude such use.
4.6 Insofar as the texts or other content are created for the user by SPACE800X staff, all copyright and usage rights shall remain with SPACE800X. The user is only permitted to use such content outside the profile with the express written consent of SPACE800X.
5. TRADEMARK AND BRAND RIGHTS
The SPACE800X and SMARKT trademarks are the property of SPACE800X Business Solutions
GmbH. Furthermore, SPACE800X’s graphics, logos, headers, button icons, etc. may constitute SPACE800X’s trade marks and other distinctive signs. SPACE800X’s trade marks and trade names must not be used for any purpose that causes confusion as to their association with SPACE800X or that disparages SPACE800X. All other trade marks and trade names not owned by SPACE800X and appearing in a SPACE800X service are the property of their respective owners.
6. YOUR COMPANY ACCOUNT
6.1 Each user may only register once. The business email address is the determining factor, not the company details.
6.2 Each supplier must upload the company’s website address, bank details, a company registration number and a VAT registration number (‘VAT No.’), as well as identity documents for the directors/company owners holding 25 per cent or more of the shares, for each of their registered companies. Each registered supplier company must be validated by our payment provider. Without successful validation, suppliers can create products, but these will not be made live online.
6.3 In order to sell or use the paid features of SPACE800X.com, each registered company requires a personal SPACE800X user account to access certain SPACE800X services, or you must be logged into your SPACE800X account and linked to your company’s business account via a valid payment method.
6.4 Initial registration on SPACE800X must be carried out by an authorised representative; if their authority to act on behalf of the company is not evident from the Companies Register, SPACE800X reserves the right to request further proof of their authority (e.g. presentation of a power of attorney, an extract from the Trade Register, etc.).
6.5 The administrator of the member company profile is granted access to a personal admin login area. Each user can only view their own purchases and sales, and not those of their employees or colleagues. Employee and colleague profiles can likewise only view their own purchases and sales.
6.7 When using a SPACE800X service, you are responsible for ensuring the confidentiality of your account and password, and for restricting access to your computer and mobile devices. To the extent permitted by applicable law , you agree to be responsible for all activities carried out via your account or password. You should take all necessary steps to ensure that your password is kept secret and stored securely, and you should notify us immediately if you have any reason to believe that a third party has gained knowledge of your password or that the password is being used without authorisation, or that this is likely to occur. You are responsible for ensuring that the information you provide to us is accurate and complete, and for notifying us of any changes to the information you have provided. You can view your information in the ‘My Centre’ section of the SPACE800X website.
6.8 You must not use a SPACE800X service:
(i) in any way that is likely to interrupt, damage or otherwise impair the SPACE800X service or access to it, or
(ii) for fraudulent purposes or in connection with a criminal offence or unlawful activity; or (iii) to cause harassment or harm to third parties.
6.9 We reserve the right to withhold services on the website from you in the event of serious breaches, or to close your membership account. This applies in particular if you breach applicable law, contractual agreements or our guidelines.
7. YOUR PERSONAL AND COMPANY PROFILES
7.1 Your personal and company profiles will be published online by SPACE800X immediately once you click ‘Save’. If the user does not provide any necessary data or materials beyond the basic details, SPACE800X will create the profile online using the available data. Please check and complete your profiles without delay, and correct any inaccurate information in your profile immediately.
7.2 The user authorises SPACE800X, as agreed, to use data – in particular text and images – from their personal websites for the purpose of publishing the profile online, and grants SPACE800X the necessary rights of use for this purpose. The user guarantees that the data used on their personal websites is up to date, accurate and complete.
7.3 The user has no right to demand the publication of specific content or a specific format for the presentation of their profile. In particular, hyperlinks pointing to pages outside www.smarktb2b.com may be removed by SPACE800X subject to a fee.
7.4 The user is obliged to check the profile regularly throughout the term of the contract to ensure that its content is complete and accurate, and to correct any errors without delay. The user must immediately update their profile to reflect any relevant changes (e.g. company name, telephone number, field of activity, price adjustments, etc.).
7.5 SPACE800X does not carry out any legal review of profiles or offers. The user is solely responsible for the content of their profile and offers. The user is obliged to independently observe and monitor applicable laws and professional obligations regarding the practice of their profession, place of business and professional title. The user is solely responsible for any breaches; SPACE800X accepts no liability in this regard, and the user shall indemnify SPACE800X against any liability arising in this connection upon first request.
8. VIDEO FILES AND NEWS FEEDS
8.1 In their personal login area, the user may submit a limited number of text documents or video files (some free of charge, others subject to a fee) and ‘news feeds’ or ‘blogs’ for publication on SPACE800X. Publication takes place upon approval by SPACE800X and is limited to a maximum of one company video per active company profile and Tec product. SPACE800X determines the timing of approval, formatting and presentation, taking due account of the user’s interests.
8.2 The user undertakes to publish only factual, informative and business-related news or blogs. Personal opinion-making, politicisation and private matters are prohibited. In the event of breaches, SPACE800X reserves the right to suspend user accounts and/or to charge the user responsible for the removal of such non-factual content.
8.3 Only content created by the user themselves and relating to their own company may be published. SPACE800X reserves the right to make any necessary editorial changes. The user has no right to publication.
8.4 Posts must not contain any active hyperlinks, malicious computer code or similar. SPACE800X is not responsible for reviewing posts for legal compliance and/or content, and the user shall indemnify SPACE800X upon first request in the event of any claims by third parties arising from such posts.
9. SALE OF TEC PRODUCTS AND OTHER OFFERS
9.1 A prerequisite is that your products cater to one or more SPACE800X business areas, which are listed on our platform. You are only permitted to sell your own Tec products, which your company develops or manufactures itself. The sale of third-party goods is not permitted.
9..2 As a general rule for all products offered, you should price them 3% lower on SPACE800X than via your company’s own sales channels.
9.3 SPACE800X aims to enable your company to advertise and offer for sale its own technical product developments on SPACE800X free of charge. You may offer as many Tec products as you wish via SPACE800X. In the event of a sale, SPACE800X charges a commission based on the net price of the product sold on SPACE800X.com. The published and agreed net prices apply, plus statutory VAT and any applicable terms and conditions. Please refer to point 12 in this regard.
9.4 When calculating prices for Tec products, you must initially include the postage and delivery costs, as the system is not yet able to display these costs separately. Here too, we recommend using your own experience as a guide. The seller is solely responsible for the complete handling of the dispatch and the actual shipment of the goods.
9.5 The supplier is solely responsible for handling the delivery and the returns process for defective products and must organise this independently. The costs for this are borne by the supplier. A reversal of the fees and commission is not possible in this case.
9.6 The provider is solely responsible for handling complaints and issuing credit notes and must organise this independently. The costs incurred shall be borne by the provider. A refund of the commission and fees is also not possible in this case.
9.7 In the ‘business-to-business’ (B2B) sector, when an order is placed via an online intermediary platform, the contracts concluded in this way and the accepted terms and conditions are, in principle, binding. Therefore, it is generally no longer possible to withdraw from the contract by cancelling the order after the contract has been concluded. Returning or sending back products is also not possible in the B2B sector. Please also refer to section 14, ‘Cancellations’, for comparison.
9.8 The price quoted at the time of purchase is always the valid price.
10. DESCRIPTION OF THE EXPERT/SELLER/PROVIDER PROGRAMME
10.1 Our expert/seller/provider platform enables companies to advertise and sell expert service/expertise/service product packages or other ‘products’ on SPACE800X. A ‘service product’ is a business or technology-based service (‘expertise’ or ‘expertise package’) or a B2B event (seminar, workshop, conference, etc.) offered for sale by your company on the SPACE800X platform via the SPACE800X website. You may offer or purchase an unlimited number of service product packages via SPACE800X.
10.2 A prerequisite is that the service products serve one or more SPACE800X business areas, which are displayed on our platform. As a general rule for all service products offered, you should offer them on SPACE800X at a price 3% lower than via your company’s own sales channels.
10.3 For service products, it is a prerequisite that you offer clearly defined service packages. The project duration estimates and the prices of your products must be tailored to the respective company sizes (SMEs and large enterprises). The larger the company, the greater the effort required for the consultancy work to be carried out. For this reason, the services are also offered in corresponding price categories.
Your company should offer the buyer the corresponding ‘product packages’ in the following three different price categories:
1. Start-ups and small businesses: the lowest rate and at least 3% below your company’s ‘list price for this category/product’ / sales via your own online shops or physical stores
2. Medium-sized businesses: medium price category and at least 3% below your company’s ‘list price for this category/product’ / sales via your own online shops or physical stores
3. Large companies: the most expensive category, but here too at least 3% below your company’s ‘list price for this category/product’ as sold via your own online shops or physical stores
However, you also have the option of offering a flat-rate price for all business categories / service product packages. Here too, you should ensure your offer remains attractive and remains below 3% of your company’s “list price for this category/product” (as offered/sold via your own online shops or physical stores).
The prices valid at the time of purchase shall always apply.
10.4 It is not permitted to pass on the fees/commissions charged by SPACE800X to buyers or to conclude a contract or sale outside the platform. Should both parties nevertheless decide to do the latter, we would like to point out that this will have legal consequences and that any buyer or seller protection offered by SMARKT will thereby be completely forfeited.
10.5 In the event of culpable breaches of clauses 10.3 and 10.4 of these Terms and Conditions, a contractual penalty of 10,000 euros, plus VAT where applicable, shall be payable to SPACE800X for each individual breach. In such a case, we will immediately suspend the account. Users will be notified that the provider has breached the contractual agreement, and another expert/seller/provider company will be recommended to the buyer. We would like to draw your attention to the fact that, in cases of doubt, we are entitled to submit tracking data on behavioural patterns as evidence in court. For the sake of certainty, you hereby also agree to our course of action.
10.6
You
should design your product bundles to be both attractively priced and useful to
users. For every product or product bundle sold, SPACE800X receives a
commission on the corresponding net turnover from your company. If your company
generates little or no turnover, we recommend that you review the appeal of
your product bundles to users.
10.7
All
service providers also have the option to decline enquiries.
10.8
After
accepting an order and before the project begins, each expert/seller/provider
must check for themselves whether the user has classified their business
according to its actual size.
10.9
All
purchasing companies agree to be categorised according to the company size
classification criteria defined by SPACE800X. To this end, two out of three
size criteria must be met in two consecutive financial years, namely the last
two financial years:
Key figures for small businesses:
Total assets ≤ €350,000 and < €4,840,00
≤ €700,000 and < €9,680,000 in turnover
≤ 10 and < 50 employees on an annual average Key figures for medium-sized enterprises:
Total assets of ≥ €4,840.00 and < €19,250.00
Turnover of ≥ €9,680,000 and < €38,500,000 ≥ 50 and < 250 employees on an annual average
Key figures for large enterprises:
Total assets of ≥ €19,250.00
≥ €38,500,000 turnover
≥ 250 employees on an annual average
10.10. The purchaser must pay a deposit of 20% of the service product prices.
11. TERM OF THE CONTRACT, TERMINATION, PRICES AND PAYMENT
11.1 Membership of SPACE800X SMART B2B MARKET is free of charge. Membership commences upon activation of the profile and may be terminated at any time, provided that no active project is being carried out at that time. However, if, for example, you have commissioned a service via our platform or have accepted a project, you may only delete your account once the project has been completed. In other words: only an account without an active business transaction may be deleted at any time.
11.2 Searching, purchasing, and advertising companies and their products, as well as expertise, on SPACE800X SMART B2B MARKT is generally free of charge for users searching and making purchases. Buyers are not required to pay any fees or commission to SPACE800X for Business Solutions GmbH.
11.3 Each member has the option to make use of additional paid products. The net prices and contract terms published on the FAQ page and agreed upon at the time of the respective contract conclusion shall always apply. All prices are exclusive of any applicable statutory VAT. SPACE800X reserves the right to implement reasonable price increases due to rising production or distribution costs, or service enhancements, subject to three months’ notice prior to the end of the contract for subsequent periods. Such price adjustments will be communicated to users in writing and published.
11.4 Any number of products may be created, but only those assigned to successfully validated companies will be published. There is no charge for activating or listing a product. Fees are only payable upon sale.
11.5 The amount of commission payable depends on the respective net turnover of the listed product. The commission is payable to SPACE800X as soon as the user has completed a booking/purchase on SPACE800X or the expert has provided the service and issued the customer invoice (interim and final invoices) on the SPACE800X platform. The provider is solely responsible for paying the applicable fees and commission.
11.6 Invoices from providers for events, technical products and resources are automatically generated by our system on behalf of the providers/sellers and sent to the buyer, as well as being stored in both the buyer’s and seller’s dashboards. Upon completion of service-based projects, the seller/expert/provider is obliged to issue the invoice(s) to the users via our platform and to send them to the buyer via our system.
11.7 SPACE800X’s commission remains payable in full, at the original purchase price, in all cases, notwithstanding any subsequent amendment to the contract, cancellation, reduction or reversal of the transaction between the contracting parties.
11.8 In the event of a chargeback or any other reversal of payment, the seller/expert shall bear the additional costs incurred by SPACE800X to the extent that they are responsible for the event giving rise to such costs. At the same time, SPACE800X is entitled to exclude the expert/seller/provider from using SPACE800X in the event of significant payment arrears.
11.9 The invoice amount is due upon invoicing and will be collected automatically by our payment provider. The customer is not entitled to exercise a right of retention or a right of set-off, unless the claim is undisputed or has become final and binding.
11.10 Where applicable, each user will receive an electronic and automated invoice from SPACE800X or via our system.
11.11 Fees for one-off/multi-off or monthly products (such as job advertisements or subscription products), as well as commissions and charges, must be paid via the SPACE800X payment processing system.
11.12 The right to terminate the membership for cause remains unaffected. Good cause in this context includes, in particular,
i) for users: a material restriction on the content of the services accessible via SPACE800X. ii) for the operator SPACE800X:
1. repeated and serious breaches by the user of contractual obligations following a formal warning;
2. repeated and significant breaches by the user of statutory provisions, following a formal warning, which are related to this contractual relationship;
3. Imminent or actual damage to the reputation of SPACE800X caused by the user’s presence or behaviour (e.g. publication of radical political, xenophobic, sexist, offensive or seditious content);
4. Harmful behaviour by the user towards SPACE800X, another user or a group of users.
11.13 Account closures or contract terminations must currently still be made in writing by email to[email protected] . However, SPACE800X is already working on a digital termination form and will make this available as soon as possible.
11.14 In the event of membership termination, the user ID will be suspended upon expiry of the notice period. In all other cases, the user ID will be suspended immediately.
11.15 In the event of justified termination for cause by SPACE800X, the user shall not be entitled to a pro rata refund.
12. FEES, COMMISSIONS AND PAYMENTS TO THE SUPPLIER (BUYER PROTECTION AND PAYMENT SYSTEM)
12.1 Basic functions
SPACE800X does not issue invoices to buyers for the use of the basic functions or for the purchase of products.
12.2 Fees
SPACE800X charges fees only for the use of additional options.
12.3 Payment processing and options
Buyers may generally only process their payments to SPACE800X via the integrated PayPal payment system. SPACE800X does not at any time collect funds from the contracting parties, does not hold them in its own accounts and does not make any independent deductions. Responsibility for the proper processing of payments, including the use of PayPal Buyer Protection, lies exclusively with the contracting parties and PayPal. SPACE800X accepts no liability whatsoever for payment disruptions, failed transactions or damages arising from the use of the PayPal payment system
12.4 The buyer decides for themselves which PayPal payment method they wish to use. The fees for this are borne by the seller.
12.5 When paying via PayPal, the processing terms and conditions and the General Terms and Conditions of the PayPal Partner Programme apply.
12.6 For both payment methods, commissions and fees payable to SPACE800X become due at the time the buyer makes the payment, regardless of when the funds are paid out to the seller. These are deducted or collected directly from the seller’s turnover by PayPal to cover its own fees as well as those payable to SPACE800X.
12.7 To safeguard against buyer protection claims and liability risks, the system reserves the right to withhold customer funds received via the integrated payment service provider (such as PayPal) for a period of up to 28 days (Delayed Disbursement) or until the final fulfilment of obligations relating to the delivery of goods and the organisation of B2B events by the seller, before the payment is released to the seller.
SPACE800X carries out any refunds under the delayed disbursement system exclusively in its capacity as a technical service provider and upon direct, written instruction from the relevant seller. SPACE800X does not carry out any independent review or make any decisions regarding refunds. The seller hereby agrees to this procedure and consents to this course of action.
12.8 Resources
Resource products are always paid for immediately, and delivery (download) takes place immediately after successful receipt of payment. In this case, commissions and fees become due at the same time as the buyer’s payment.
12.9 As already explained in clause 12.6, providers’ commissions and fees are payable on the day the product is sold; they are deducted automatically. There is no entitlement to a refund of these fees and commissions, even if the buyer does not receive the goods, the event could not be held or a cancellation takes place.
12.10 Cancellation and Refunds (B2B Exceptions)
In B2B transactions, there are generally no statutory rights of return or withdrawal. Consequential remedies or refunds are therefore not part of the normal course of business and are granted only in exceptional cases, such as in the event of demonstrable, significant defects, incorrect deliveries or other serious breaches of contract.
12.11 Any refunds to buyers must, as a matter of principle, be arranged by the supplier itself, as it is the buyer’s direct contractual partner.
SPACE800X acts exclusively as a technical intermediary and processing platform (‘on behalf of’) and is not itself a party to the underlying contract of sale or service.
12.12 Commissions, fees and any third-party provider fees already charged remain payable in all cases and will not be refunded, even in the event of a reversal of the transaction. The provider is obliged to make any refunds directly to the buyer and to deal independently with any payment service provider or transaction fees incurred in the process.
12.13 Refunds made via payment methods other than those agreed (e.g. PayPal or an escrow service) are not permitted.
12.14 Commissions and fees in the event of cancellation
Any commissions, platform fees and third-party fees (e.g. from payment service providers such as PayPal, banks or credit card companies) that have already been incurred remain payable in full, even in the event of rescission, return, cancellation or partial refund. A refund of these amounts to the supplier is excluded, regardless of the reason for the reversal.
12.15 Third-party provider fees
All transaction or reversal fees incurred by third-party providers shall be borne exclusively by the provider.
Should SPACE800X be required to cover these fees in connection with a transaction or refund, the provider undertakes to reimburse SPACE800X for these amounts upon first request.
12.16 Subsequent charges and direct debit authorisation
The provider authorises SPACE800X to collect all outstanding or subsequently due amounts – in particular commissions, fees and third-party provider fees – via the payment methods stored in the system or by offsetting them against future payout amounts.
Should there be insufficient funds, the Provider undertakes to settle the outstanding amount within seven (7) calendar days of receiving a written request.
12.17 SEPA Direct Debit
The Provider authorises SPACE800X for Business Solutions GmbH to collect all payments due or arising in the future – in particular commissions, fees, third-party provider fees and subsequent charges – via the SEPA Direct Debit scheme from the business account specified in the Provider’s profile.
The advance notice (‘pre-notification’) may be reduced to a minimum of one calendar day.
The Provider undertakes to ensure that there are sufficient funds in the account. Costs arising from returned direct debits or non-payment (e.g. bank or payment service provider fees) shall be borne by the Provider, provided that the Provider is responsible for the occurrence.
SPACE800X is entitled to collect these costs additionally via SEPA direct debit or to offset them against future payout amounts.
12.18 Settlement via payment service providers
Payment processing is carried out exclusively via external payment service providers (e.g.
PayPal).
SPACE800X for Business Solutions GmbH merely provides the technical infrastructure through which payments between the buyer and the provider are facilitated.
SPACE800X is neither the payee nor the custodian of customer funds, but receives only the contractually agreed commissions and fees.
The commission becomes due upon successful completion of the transaction and is automatically deducted by the relevant payment service provider from the seller’s payout amount.
For service-based products, the commission is calculated upon completion of the agreed service.
12.19 Invoicing
SPACE800X issues an invoice to the seller for any fees and sales commissions incurred. The provider will be notified by email that the relevant invoice has been issued; the full invoice can be accessed via the SPACE800X account.
12.20 Late Payment
All claims
by SPACE800X (in particular outstanding commission payments, e.g. as a result
of subsequent reversals or system exceptions) are due for payment immediately
upon invoicing. The user shall automatically be in default no later than 14
days after the due date and receipt of the invoice, without the need for a
prior reminder. In the event of default, SPACE800X is entitled to claim
interest on arrears at the statutory rate for claims for payment in commercial
transactions (Section 288(2) of the German Civil Code (BGB)) as well as a
flat-rate late payment fee of 40 euros (Section 288(5) BGB). Furthermore, the
user shall bear all costs arising from the default, in particular the costs of
engaging a solicitor or debt collection agency, whether in or out of court.
12.21 Prohibition on circumvention
Providers are prohibited from circumventing the SPACE800X fee structure.
Any breach shall give rise to a liability for damages amounting to 25 per cent of the loss of turnover, plus administrative and legal costs.
12.22 Fixed-rate fees
SPACE800X reserves the right to charge a flat-rate fee for the removal of listings or other content, or for the suspension of users, insofar as the user is responsible for the breach, unless they can prove that no damage was incurred at all or that the damage was significantly less.
Similarly, SPACE800X may charge a fee for reactivating a suspended account.
12.23 Changes to fees and commissions
SPACE800X may change the fees and sales commissions at any time.
Users will be notified of price changes in good time before they come into effect.
12.24 Fees charged by payment providers
SPACE800X cannot guarantee full transparency regarding the fees charged by external payment providers, as these providers do not inform the company of any price changes. SPACE800X nevertheless endeavours to keep the information on transaction fees up to date on the FAQ page and in the commission and fee calculator.
However, the actual fees charged by payment providers may differ from the figures stated there.
13. PROJECT MANAGEMENT OF SERVICE PRODUCTS
13.1 A small project should be completed after six months, with a one-off extension, and a large project after nine months. The following timeframes apply:
• Projects up to 59 days: maximum 3 months
• Projects up to 118 days: maximum 6 months
The first online introductory meeting is set as the project start date.
13.2 In the event of project delays, the expert may extend the project by a maximum of 3 months on one occasion only. The expert will receive a reminder email 14 days before the deadline, giving them the opportunity to take action should the deadline not be met.
13.3 If
an expert is again unable to meet the deadline, the client will be offered the
option of either completing the project with the contractor outside of SPACE800X
or terminating the contract at its current stage. In both cases, the expert
must generate a final invoice for the contractor via the system. The
client must pay for the services already rendered.
14. CANCELLATIONS
14.1 In the B2B sector, refunds are generally excluded, unless there are glaring defects in the delivered products that justify a reversal of the transaction. As a general rule, cancellations are therefore not permitted once a binding order has been placed. However, in exceptional cases and at its own discretion, SPACE800X may, as a gesture of goodwill, facilitate a reversal of the transaction; there is no legal entitlement to such a reversal.Refunds may only be processed via PayPal. Refunds via any method other than PayPal are prohibited, as there is otherwise a risk that buyers may receive a double refund (e.g. via PayPal and, at the same time, via their bank). Should such a loss nevertheless occur, the provider shall be solely liable for it.
Refunds of commissions and fees already payable to SPACE800X are excluded.
14.2 As a general rule, once an order has been placed, the contracts concludedare binding. Therefore, it is no longer possible to withdraw from the contract by cancelling the order and returning the goods after the contract has been concluded. Unless a provision regarding cancellation has been included in the contract or the provider’s/seller’s general terms and conditions (GTC), or the contractor agrees to a special arrangement for terminating the contract as a gesture of goodwill. In this case, the user must clarify the termination of the contract directly with the provider. Any refund of the amount already paid must be arranged directly by the operator. The provider must send a request for a refund to the operator by post. The buyer undertakes to confirm the process upon request, if necessary, and to pay all fees incurred in this regard. As already stated in clause 14.1, refunds of commission and fees are generally not possible.
14.3 Cancellation of an order for a service product package is only possible under the following conditions, which apply solely to service products:
1. Cancellation stage: The order can be cancelled in full free of charge up to 20 days after the online purchase and before the first online appointment with the expert has taken place. SPACE800X will then refund the advance payment in full.
2. Cancellation stage: After the first online introductory appointment, you may still cancel the order free of charge; however, you will be required to cover the cost of the time spent on the first online appointment. A flat rate equivalent to one consultancy hour for your business category will be applied and deducted from the advance payment made. The remaining advance payment will be refunded to you by SPACE800X within 20 days of placing the online order as part of PayPal’s Delayed Disbursement process.
SPACE800X carries out this form of refund as part of the delayed disbursement system exclusively in its capacity as a technical service provider and on the direct, written instruction of the relevant seller. SPACE800X does not carry out any independent assessment or make any decisions regarding refunds.
14.4 Termination of an ongoing service project is equivalent to termination of the contract or a breach of contract. In this case, the terms and conditions of the respective provider apply. Should the provider’s terms and conditions not clarify this point, we recommend agreeing on the following cancellation policy: If the client or contractor wishes to terminate the project whilst it is ongoing, the client is only required to pay for the work already carried out. The provider must issue the final invoice without delay, within 14 days. Any advance payment made will be offset against the final invoice. Should the amount due be higher, the client must pay the difference; otherwise, the remaining advance payment will be refunded. Unless the provider’s terms and conditions stipulate otherwise, the provider’s payment arrangements shall apply.
14.5 Termination of the project must be made in writing directly to the provider’s company. The terminating party undertakes to also inform SPACE800X in writing of the project termination and to provide appropriate evidence. The provider must upload the final invoices with proof of work within 7 days and pay the fees and commission charges to SPACE800X. Should they fail to do so, the commissions and fees for the provider shall become due as specified upon project acceptance, regardless of whether they have generated this turnover or not.
14.6 SPACE800X shall not be liable for any amounts to be refunded to buyers on the basis of disputes if you fail to comply with all the terms and conditions and applicable obligations of the Seller Protection scheme.
15. REVIEWS, COMMENTS, COMMUNICATION AND OTHER CONTENT
15.1 Users may post reviews, comments and other content on SPACE800X, send communications to others and submit suggestions, ideas, comments, questions or other information, provided that the content is not unlawful, obscene, offensive, threatening, defamatory, invasive of privacy or in breach of third-party rights.
15.2 You must not use a false email address, impersonate any other person or organisation, or otherwise mislead others regarding payment methods or other content. If you believe that
your intellectual property rights are being infringed by an item or information on a SPACE800X service, please notify us.
15.3 If you provide user reviews, comments, questions or answers, or other content that you make available for display on the SPACE800X platform (e.g. images, videos or audio material, collectively referred to as “Content”), you grant SPACE800X,
(a) a non-exclusive, royalty-free right, unlimited in time and place, to use, reproduce, publish, make available and modify such content worldwide in all media, including the right to sublicense to third parties; and
(b) the right to use the name you submit in connection with such Content.
15.4 You warrant that you hold all necessary rights to the Content that you have created and uploaded to SPACE800X; that, at the time the Content and materials weremade available, the content and materials were free from defects and infringements of any rights or breaches of SPACE800X’s terms and conditions. You shall indemnify SPACE800X against all claims by third parties brought against SPACE800X arising out of or in connection with such content or materials that you have made available, unless the damage is attributable to a breach of law by SPACE800X itself.
15.5 It is not SPACE800X’s role to monitor communication between users. SPACE800X cannot be held liable for any breaches arising from such communication. Where contracts between users are formed via SPACE800X’s communication channels, SPACE800X is not involved and is therefore not a party to the contract. SPACE800X therefore bears no liability in connection with such contracts. In this case, clause 12.6 may apply.
16. TERMS OF USE FOR SPACE800X SOFTWARE
16.1 In addition to our Terms of Use in Section 2, the following terms of use apply to our platform (including all updates and upgrades and any associated documentation) which we make available to you from time to time at for your use in connection with the SPACE800X Services (the “SPACE800X Software”):
16.2 You must not use a SPACE800X Service: (i) in any way that is likely to interrupt, damage or otherwise impair the SPACE800X Service or access to it, or (ii) for fraudulent or unlawful purposes, or in connection with a criminal offence.
16.3 Any use or exploitation of the SPACE800X Software and the data from SPACE800X.com for purposes other than those intended is prohibited. In particular, the collection and storage of data from the databases, as well as the use of such data in full, in part or in extract form for commercial address exploitation or as a basis or aid for the compilation or supplementation of subscriber, address or other directories, and the extraction of data from the databases on the internet for the aforementioned purposes or for any other commercial use, is not permitted. The same applies to the use of the SPACE800X software and SPACE800X data for the creation of, or participation in the creation of, an imitation of the SPACE800Xmarketing platform for Tec products, and for business management and technology-oriented service products provided by registered third parties, is prohibited during the term of the contract and for a period of two years following its termination.
16.4 Users are prohibited from using additional software or scripts in conjunction with the use of SPACE800X which are not necessary for its use in accordance with the contract. However, the user may use the interfaces or software made available to them by the operator within the framework of the portal.
16.5 Blocking, overwriting, modifying and copying SPACE800X software – in particular by means of ‘robot/crawler’ search engine technologies – is prohibited, unless this is necessary for the proper use of SPACE800X’s services. In this regard, it is expressly clarified that copying by means of ‘robot/crawler’ search engine technologies is not necessary for the proper use of SPACE800X’s services.
16.6 The user must also refrain from any action that is likely to impair the functionality of the SPACE800X infrastructure, in particular by placing an excessive load on it.
16.7 Access details must be kept strictly confidential and protected from access by third parties. It is prohibited to allow third parties to use the portal with one’s own access details.
16.8 The user is obliged not to misuse the portal, in particular
• not to make any content available via SPACE800X that contravenes provisions of copyright, name, trade mark or patent law and/or infringes the rights of third parties, that constitutes pornography within the meaning of criminal law, that incites a criminal offence, or that is otherwise unlawful or contrary to public policy (e.g. money laundering, breaches of confidentiality, etc.);
• not to interfere with SPACE800X, or to use devices, programmes or other means (viruses, exploits, etc.) that could result in harmful alterations to the SPACE800X website;
• not to attempt to circumvent the access restrictions put in place by SPACE800X;
• not to send or forward chain letters or mass mailings (junk mail, spam, etc.) to SPACE800X or other users.
16.9 The user indemnifies SPACE800X against any liability for damages incurred by SPACE800X as a result of a breach by the user of statutory provisions or contractual agreements. This includes, in particular, damages arising from
• breaches of data protection regulations,
• breaches of copyright, name, trade mark or patent rights,
• the unauthorised disclosure of user credentials and/or passwords.
16.10 Experts/sellers/providers shall only be granted access to member data when an order is placed. Experts/sellers/providers must not contact members or advertise their services unless they have received the express consent of users. Your company contact details will only be made available to experts/sellers/providers once a product has been booked from that expert/seller/provider.
16.11 We reserve the right to withhold services on the website or to close member
17. USE OF SPACE800X SERVICES, PROHIBITED OFFERS/PRODUCTS AND CONTENT
17.1 It is the user’s responsibility to ensure that their offers and content (in particular images and other information) are lawful and do not infringe the rights of third parties.
17.2 It is prohibited to offer or advertise on SPACE800X any offers or products whose offering, sale or purchase contravenes statutory provisions, the SPACE800X principles, the rights of third parties or public morality. SPACE800X reserves the right to make the sale of certain offers or products subject to conditions that go beyond the statutory requirements.
17.3 It is prohibited to manipulate the prices of one’s own or third-party offers/products, or to purchase one’s own offers/products, by using multiple SPACE800X accounts or in collusion with other users.
17.4 It is prohibited to manipulate the search functions of the SPACE800X services, for example by misusing brand names or other search terms in the listing or product description.
17.5 Sellers must list their offers/products in the appropriate category and describe them accurately and in full using words and images. All characteristics and features essential to the purchase decision, as well as any defects that reduce the value of the goods on offer, must be truthfully stated. Furthermore, full information must be provided regarding the terms of payment and delivery.
17.6 To make it easier for sellers to list offers/products and to provide buyers with a more relevant shopping experience, SPACE800X maintains a SPACE800X catalogue containing information (images, videos, product names, brands, logos, trade names, features and descriptions, amongst other things) relating to specific products (‘product data’). If a seller uses product data provided by SPACE800X when creating a listing and this data is subsequently amended in the SPACE800X catalogue, it may also be automatically updated accordingly in the user’s listing.
17.7 SPACE800X enables users to sort search results according to various criteria. If a user makes no selection, the order of the search results is determined, amongst other things, by the following main parameters:
i.) the buyer’s location, search query, the SPACE800X page on which the buyer is searching, and the buyer’s search history;
ii.) Listings/product location, listing format, price, shipping costs, return policy, number of sales for the respective listing/product, and relevance to the search query;
iii.) the seller’s sales history, detailed seller ratings, compliance with other SPACE800X policies and the defect rate;
iiii.) The number of listings that match the buyer’s search query. In addition, search results are always displayed for listings where the relevant seller has agreed to pay an additional advertising fee for the sale. These search results are marked as “Advertisement”.
17.8 The listings/product descriptions and the images used therein must relate exclusively to the listings/products on offer. Advertising for listings/products not offered on SPACE800X is prohibited. When using the SPACE800X services, sellers may not use any quality seals, guarantee marks or other third-party symbols, unless SPACE800X authorises such symbols.
17.9 Net prices are displayed on the platform. The price payable for the respective offers/products is the final price, including any applicable VAT and other price components. The selling price does not include delivery and postage costs.
17.10 Sellers are not permitted to charge buyers any SPACE800X fees, financial service provider fees or other third-party fees or commissions in addition to the selling price.
17.11 Users must not use addresses, email addresses or other contact details obtained through the use of the SPACE800X services for any purposes other than contractual and precontractual communication. In particular, it is prohibited to resell this data or to use it for sending advertising, unless the relevant user has expressly consented to this in advance or has not objected, in accordance with the applicable legal provisions.
17.12 Users are responsible for archiving, on a storage medium independent of SPACE800X, any information accessible via the SPACE800X services and stored by SPACE800X that they require for the purposes of preserving evidence, bookkeeping or other purposes.
17.13 Users must not block, overwrite or modify any content generated by SPACE800X or other users, nor must they interfere with the SPACE800X services in any other disruptive manner, in particular where this could result in an excessive load on the SPACE800X infrastructure.
18. FINES, PENALTY PAYMENTS AND OTHER COSTS
18.1 We cannot process payments for items or offers that are prohibited or subject to restrictions. Before listing your item, you must ensure that you comply with the applicable legal provisions and the rules of SPACE800X, as well as any additional restrictions imposed, in particular, by credit card associations or by third-party payment service providers used by us where applicable, or which exist under network rules.
18.2 You are obliged to indemnify us against all chargebacks, penalties/fines, fees and other costs and damages which we have incurred or which are claimed against us by third parties as a result of your culpable breach of these Payment Processing Terms and Conditions, the SPACE800X Terms and Conditions, including the SPACE800X Principles, laws or the rights of third parties, or as a result of transactions for which we process payments on your behalf in relation to an item or service you have offered on SPACE800X (in particular with regard to the accuracy of the item description and the lawfulness of the items or services you have offered for sale or sold).
19. OTHER COMPANIES & SPACE800X PARTNERS
19.1 Parties other than SPACE800X operate their businesses on SPACE800X as experts, sellers, providers or users, or are employed by companies. They provide services or sell other products, or purchase services and other products, which are of a technological or commercial nature. We are not responsible for investigating or evaluating these offers or websites, and we do not guarantee the offers made by these companies or individuals, nor the content on their profiles and personal websites on our platform. SPACE800X accepts no responsibility or liability for the actions, products and content of any of these parties or any third parties. You will be informed if a third party is involved in your business transaction, and we may share your information relating to that transaction with that third party. You should read their privacy policies, terms and conditions and other terms of use carefully.
19.2 The user consents to their data being used by third-party networks that have entered into a cooperation agreement with SPACE800X and on which SMARKT is in use, in order to facilitate business relationships between the SMARKT network and the third-party network.
19.3 Please note that we use one or more external payment providers to handle the entire payment, fraud prevention and invoicing management system. By agreeing to the SPACE800X Terms and Conditions, you also agree to PayPal’s Terms and Conditions and Privacy Policy. The usage fees are borne by sellers on our platform and are automatically deducted from the turnover.
19.4 The agreement for recipients applies to your acceptance of such payments. In order to receive payments from SPACE800x for Business Solutions, you must provide SPACE800X with valid and comprehensive details about yourself and your business. Furthermore, you authorise SPACE800X to pass on these details, as well as transaction information relating to your payments, to our payment processing provider.
20. THE ROLE OF SPACE800X AND DISPUTE RESOLUTION
20.1 SPACE800X allows third-party providers to list, advertise and sell their events (seminars, workshops, conferences and other corporate events) and services in the form of product packages and Tec products on the website. This is shown on the relevant product details page. Although SPACE800X facilitates transactions on the SPACE800X SMARKT B2B MART Marketplace, SPACE800X is neither the buyer nor the seller of these third-party service products. SPACE800X merely offers buyers and sellers the opportunity to conduct negotiations and conclude transactions . SPACE800X acts solely as an intermediary and technical platform provider. All contracts relating to the purchase, sale or provision of services are concluded exclusively between the registered users (buyers/sellers). SPACE800X is also not the seller’s agent. The seller is responsible for the sale of the products, any complaints from the buyer and all other matters arising from the contract between the buyer and the seller. The system automatically generates invoices and confirmation letters for the seller based on the information they provide. SPACE800X may also view all the invoices generated. You hereby agree to this procedure.
20.2 If a customer does not receive the goods they have ordered, or if the goods differ significantly from the description, the seller is usually the first point of contact. In most cases, the buyer and seller will hopefully be able to reach a solution together in this way. If the buyer and seller cannot agree, they may ask SPACE800X to provide purely technical mediation. There is no entitlement to mediation. SPACE800X accepts no liability for the outcome or for whether an agreement is reached. The cost of the mediation will be invoiced to the seller if the buyer can prove that their emails to the seller remained unanswered. However, if the buyer has been in contact with the seller and has been unable to reach a solution with them, the buyer must pay SPACE800X’s costs for the mediation (principle of the party commissioning the service). SPACE800X charges 120.00 euros per hour for this. The dispute fees are only payable once the buyer submits a buyer protection claim directly to SPACE800X by email.
Should it become necessary to instruct a solicitor on behalf of SPACE800X to resolve the matter legally, the costs shall be borne by the SMARKT user responsible for the dispute.
21. OUR WARRANTY AND LIABILITY
21.1 Contracts for services, insofar as they are arranged via SPACE800X.com, are concluded solely between the users as members and the expert/seller/provider as the service or product provider. The expert or their company is solely liable for the service provided. The user shall also indemnify SPACE800X against all claims by third parties which they may assert against SPACE800X on the grounds of infringement of copyright, competition law, professional liability, damages or other rights in connection with the individual profile or content provided by the user.
21.2 Force majeure includes, in particular, natural disasters, pandemics, epidemics, government orders, war, acts of terrorism, cyber-attacks, power cuts and internet outages, obstacles within the sphere of responsibility of the expert/seller/provider and/or users or the online video portals chosen by them, etc. as well as comparable unforeseeable events beyond the control of SPACE800X.
21.3 We always endeavour to ensure that the SPACE800X Services are available without interruption and that transmissions are error-free. However, due to the nature of the internet, this cannot be guaranteed. Your access to SPACE800X Services may also be occasionally interrupted or restricted to allow for repairs, maintenance or the introduction of new facilities or services at . We endeavour to minimise the frequency and duration of any such temporary interruptions or restrictions.
21.4 SPACE800X shall only be liable for damages – regardless of the legal basis – in cases of wilful misconduct or gross negligence. In cases of simple negligence, SPACE800X shall only be liable for damages resulting from injury to life, limb or health, as well as for damages resulting from a breach of essential contractual obligations (cardinal obligations). In such cases, however, liability is limited to compensation for foreseeable, typically occurring damage.
21.5 Any further liability on the part of SPACE800X is excluded. SPACE800X shall generally not be liable for the non-performance of contractual obligations by its users.
21.6 Insofar as SPACE800X’s liability is excluded or limited, this also applies to the personal liability of its legal representatives, senior executives and ordinary vicarious agents.
21.7 SPACE800X accepts no liability whatsoever for payment flows, payment disruptions, failed transactions or disputes, whether arising from defects in products or services or from the payment processing.
22. DISCLAIMER OF LIABILITY IN THE EVENT OF A HACKER ATTACK
Introduction: This disclaimer governs liability between you (“User”) and us (“Company”) in the event of a cyber attack on our systems or networks. By using our services, you agree to the terms of this disclaimer.
22.1 Disclaimer:
i) We employ appropriate security measures to protect your data and information.
Nevertheless, we cannot guarantee absolute security and therefore accept no liability for any damage or loss arising from a cyberattack on our systems or networks.
ii) We shall not be liable for any unauthorised access by third parties to your personal data, confidential information or other data compromised as a result of a cyber attack. It is your responsibility to take appropriate security measures to protect your data, for example by using strong passwords, keeping your software up to date and using anti-virus software.
iii) We accept no liability for damage to your computer system, software or other devices caused by a cyber attack on our systems or networks. It is your responsibility to ensure that your devices are adequately protected and up to date to prevent such attacks.
22.2 Mitigation of damage and duty to cooperate
i) In the event of a cyber attack, you are obliged to notify us immediately and to cooperate in the investigation of the incident. We will take appropriate measures to investigate the incident and minimise its impact.
ii) You are obliged to follow our instructions regarding damage limitation and the prevention of further damage. This may include changing passwords, updating your software or taking other appropriate measures.
22.3 Limitation of Liability
To the extent permitted by law, we limit our liability for any damage or loss you may suffer as a result of a cyber attack to direct damage and to the amount you have paid for our services. 22.4 Severability
Should any provision of this disclaimer be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally permissible provision that most closely approximates the economic purpose of the invalid provision.
22.5 Governing Law
This disclaimer is governed by the applicable law of the country in which our company is based.
23. INDEMNITY
The user shall indemnify SPACE800X against all claims asserted against SPACE800X by other users or other third parties on the grounds of an infringement of their rights by offers and other content posted by the user via the SPACE800X services, or on the grounds of the user’s other use of the SPACE800X services. The user shall bear the costs of SPACE800X’s necessary legal defence, including all court and legal fees at the statutory rate. This shall not apply if the user is not responsible for the infringement. In the event of a claim by a third party, the user is obliged to provide SPACE800X, without delay, truthfully and in full, with all information necessary for the assessment of the claims and for mounting a defence.
24. GOVERNING LAW
German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules. The exclusive jurisdiction of the competent court in Munich, Bavaria, is agreed.
25. CHANGES TO SERVICES OR AMENDMENTS TO THE TERMS OF USE, ADVERTISING WITH CONTENT/ADVERTISEMENTS
25.1 We reserve the right to make changes to these General Terms and Conditions and other service terms at any time. You are subject to the General Terms and Conditions, contractual terms and conditions of use in force at the time you use the SPACE800X services. If any of these terms is deemed invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of all remaining provisions.
25.2 SPACE800X offers users the opportunity to place paid advertisements. SPACE800X reserves the right to display these alongside users’ content without compensation to the user or any third party.
25.3 The user consents to SPACE800X advertising the SPACE800X SMART B2B MARKET
(SMARKT) platform on its homepage at www.space800x.com and www.smarktb2b2.com using the user’s company logo.
25.4 With regard to non-personal data, such as public company information (name, address, year of establishment, brief description, etc.), SPACE800X reserves the right to make this public content discoverable via search engine services.
26. OUR CONTACT DETAILS
These platforms are operated by SPACE800X for Business Solutions GmbH. If you have any questions, concerns or problems, please [email protected] .German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from this contract shall be, to the extent permitted by law, Munich, Germany.
