Terms & Conditions
1. Scope of Application
These General Terms and Conditions apply to all contracts of BeamYourScreen GmbH, Mannheim, Germany (hereinafter referred to as BeamYourScreen) and its customer (hereinafter referred to as the Customer) on an exclusive basis. Customer terms that differ from or conflict with these General Terms and Conditions shall not be formally recognized. These Conditions shall also apply if BeamYourScreen provides services in the knowledge of contrary or differing Customer General Terms and Conditions. For contracts with BeamYourScreen, the BeamYourScreen License Conditions (EULA) and BeamYourScreen product specifications are also to be regarded as forming part of these General Terms and Conditions.
2. Applicable Law, Jurisdiction
2.1. The laws of the Federal Republic of Germany are applicable for this contract, to the exclusion of the United Nations Convention on the International Sale of Goods.
2.2. Mannheim, Germany shall be stipulated as the exclusive place of jurisdiction for disputes resulting from or relating to this contract insofar as the Customer has a general place of jurisdiction in Germany and is a businessman, corporate entity operating under public law or a public separate-assets firm.
2.3. This place of jurisdiction also applies if the Customer has no general place of jurisdiction (i.e. residence) in Germany and is not a user who falls under the general jurisdiction of the European Union, Norway, Iceland, or Switzerland.
3. Products of BeamYourScreen
The software products of BeamYourScreen for online collaboration, BeamYourScreen and Mikogo (hereinafter referred to as Software), are distributed or provided for use exclusively in accordance with the BeamYourScreen License Conditions (EULA) and the relevant BeamYourScreen product specifications. BeamYourScreen and Mikogo are registered trademarks of BeamYourScreen GmbH, Mannheim, Germany.
4. Place of Execution, General Matters
4.1. In principle, the place of execution and place of payment concerning all direct contractual relationships with BeamYourScreen is Mannheim, Germany. Statutory regulations concerning places of jurisdiction are not affected.
4.2. Information published or issued directly by BeamYourScreen does not constitute a contractual offer and is non-binding.
4.3. BeamYourScreen reserves all rights (especially proprietary rights, usage rights, and copyrights) to all information, software trials, and software trial accesses remaining from contractual negotiations.
4.4 Legally binding declarations or notifications that the Customer must submit to BeamYourScreen or a third party must be provided in writing; this shall not apply to the cases envisaged in section 312 d of the German Civil Code (BGB) (consumer revocation pursuant to point 11).
5. Online Shops
5.1. BeamYourScreen operates online shops at www.beamyourscreen.com, www.beamyourscreen.de, www.beamyourscreen.fr, www.beamyourscreen.pl, www.mikogo.net.cn, www.mikogo.com.br, www.mikogo.fr, www.mikogo.ru, www.mikogo.it, www.mikogo.es, www.mikogo.de and www.mikogo.com (under “Buy” on those sites) through its partner company Cleverbridge AG, Brabanter Str. 2-4, 50674 Cologne, Germany. In the context of the online shops, Cleverbridge AG sells and leases software licenses of BeamYourScreen and Mikogo in its own name and on an entirely independent basis.
5.2. Upon conclusion of the lease or purchase contract with Cleverbridge, the Customer further agrees with BeamYourScreen that the BeamYourScreen License Conditions (EULA) and the relevant BeamYourScreen product specification shall also apply.
6. Direct Procurement from BeamYourScreen, Contractual Term, Termination
6.1. Outside the online shops, the Software license can also be procured directly from BeamYourScreen. The Customer can procure a lease license or a purchase license, according to their choice.
6.2. Orders placed by the Customer outside the online shops (e.g. by post, fax or telephone) for the procurement of the Software in return for payment represent contractual offers that are binding on the Customer. Acceptance of such contractual offers by BeamYourScreen is only by express declaration or by the sending of a license code by email for access to the Software ordered.
6.3. Lease license.
6.3.1. With the lease license, the Customer acquires, for the duration of the lease relationship, a right of use of the software in accordance with the license conditions (EULA) and the relevant product specification.
6.3.2. The rental fee for the stipulated contractual period must be paid in full in advance and is due upon contract conclusion.
6.3.3. The lease will automatically be renewed at the end of the original concluded contractual period (contractual duration) by an additional lease with the same duration and terms, provided that the contract is not terminated in writing through the receipt of one (1) month written notice submitted before the end of the ongoing contractual period.
6.4. Purchase license
6.4.1. With the purchase license (“Lifetime License”), the Customer acquires a right of use of the Software in accordance with the license conditions (EULA) and the relevant product specification.
6.4.2. The agreed payment is due in full upon conclusion of the contract.
6.5. In the event of procurement in return for payment, access to the use of the Software will be made available to the Customer at the latest within one day of conclusion of the contract, by the sending of an access code by email.
7. Private Non-Commercial Use for Free
7.1. BeamYourScreen allows its customers to use the Software exclusively for private and non-commercial purposes for free, and to this end makes the client Software and executable file available for downloading under the BeamYourScreen license conditions (EULA). The download offers represent offers to conclude an agreement according to these General Terms and Conditions and the BeamYourScreen license conditions (EULA), which the Customer accepts by activating the download or starting to use the Software. BeamYourScreen does not require access to this declaration of acceptance by the Customer.
7.2. BeamYourScreen is entitled to terminate the contractual relationship at any time by suspending the functionality of the Software.
8. LIABILITY FOR DEFECTS
BEAMYOURSCREEN IS LIABLE FOR ANY SOFTWARE DEFECTS PURSUANT TO THE LEGAL REGULATIONS WITH THE FOLLOWING RESTRICTION: BEAMYOURSCREEN’S NO-FAULT LIABILITY FOR DAMAGE COMPENSATION FOR DEFECTS EXISTING AT THE TIME OF CONTRACT CONCLUSION PURSUANT TO SECTION 536A OF THE GERMAN CIVIL CODE (BGB) SHALL BE EXCLUDED. OTHER BASES FOR LIABILITY SHALL REMAIN UNAFFECTED.
9. LIABILITY FOR DAMAGE
9.1. BEAMYOURSCREEN’S LIABILITY FOR INFRINGEMENTS OF CONTRACTUAL OBLIGATIONS AND IN TORT IS LIMITED TO WILLFUL INTENT AND GROSS NEGLIGENCE.
9.2. THIS IS NOT APPLICABLE TO INJURY TO LIFE, LIMB OR HEALTH, CLAIMS DUE TO THE BREACH OF CARDINAL OBLIGATIONS OR COMPENSATION FOR DAMAGES DUE TO DELAY (SECTION 286 OF THE GERMAN CIVIL CODE [BGB]). IN THIS RESPECT, BEAMYOURSCREEN IS LIABLE FOR EVERY DEGREE OF FAULT. CARDINAL OBLIGATIONS ARE THOSE FUNDAMENTAL RIGHTS AND OBLIGATIONS THAT RESULT FROM THE NATURE OF THE CONTRACT AND WHOSE DAMNIFICATION WOULD ENDANGER THE PURPOSE OF THE CONTRACT AND ON WHOSE ADHERENCE THE CONTRACTUAL PARTIES MAY REGULARLY RELY ON. LIABILITY FOR BREACH OF CARDINAL OBLIGATIONS ON THE BASIS OF ORDINARY NEGLIGENCE IS LIMITED TO FORESEEABLE AND TYPICALLY ARISING DAMAGE.
9.3. IN ADDITION, IN THE EVENT OF PRIVATE AND NON-COMMERCIAL USE OF THE SOFTWARE FOR FREE, BEAMYOURSCREEN IS LIABLE FOR DAMAGE ARISING AS A RESULT OF A SOFTWARE DEFECT ONLY IF THE DEFECT IN QUESTION HAS BEEN DELIBERATELY CONCEALED BY BEAMYOURSCREEN.
9.4. INSOFAR AS LIABILITY IS NOT EXCLUDED FOR DAMAGES DUE TO SLIGHT NEGLIGENCE THAT DO NOT INVOLVE INJURY TO THE CUSTOMER’S LIFE, LIMB OR HEALTH, OR FOR SLIGHT NEGLIGENCE, OR FOR BREACH OF CARDINAL OBLIGATIONS, SUCH CLAIMS EXPIRE ONE YEAR FROM THE INITIATION OF THE CLAIM.
9.5. INSOFAR AS LIABILITY FOR DAMAGES IS EXCLUDED OR LIMITED FOR BEAMYOURSCREEN, IT IS ALSO APPLICABLE TO PERSONAL LIABILITY FOR DAMAGE COMPENSATION FOR BEAMYOURSCREEN EMPLOYEES, REPRESENTATIVES, AND AGENTS.
9.6. LIABILITY UNDER THE GERMAN PRODUCT LIABILITY ACT SHALL REMAIN UNAFFECTED.
10. Corporate Customers
Customers who have concluded the contract with BeamYourScreen in the exercise of an entrepreneurial, independent, commercial activity (on either a freelance or a commercial basis), and are therefore not consumers as envisaged in section 13 of the German Civil Code (BGB), are not accorded any right of revocation pursuant to point 11.
11. Instruction on Right of Revocation
Right of Revocation
The contractual declaration of the Customer can be revoked in writing (e.g. letter, fax, e-mail) within 14 days without indication of reason or – if the item has been handed over to the Customer before this period has expired – by returning the item in addition. The period begins upon receipt of this instruction in writing, but not before the recipient receives the goods (not prior to receipt of the initial partial delivery for a recurring delivery of similar goods) nor (in the context of the provision of services) prior to conclusion of the contract and also not prior to fulfillment of BeamYourScreen’s duty to provide information pursuant to Article 246 section 2 in conjunction with section 1 (1) and (2) of the Introductory Act to the Civil Code [EGBGB], and also not prior to fulfillment of the duties of BeamYourScreen to provide information pursuant to section 312 g (1) clause 1 of the German Civil Code (BGB) in conjunction with Article 246 section 3 of the Introductory Act to the Civil Code [EGBGB]. The revocation period shall be deemed to have been observed if notification of revocation is sent within the specified period. Revocation is to be addressed to BeamYourScreen GmbH, R 3, 4-5, 68161 Mannheim, Germany.
Consequences of Revocation
In the event of valid revocation, each party shall refund the services received and release any drawn benefits (e.g. interest) if applicable.
If the Customer is not able or is only partially able to return or surrender the service received and uses (e.g. benefits of use) to BeamYourScreen, or is only able to do so with the items in question in a deteriorated condition, they must reimburse the value to BeamYourScreen to that extent. In the context of the provision of services, this can have the result that the Customer must nevertheless fulfill their contractual payment obligations for a period of time up to revocation. The Customer is not obliged to compensate for any deterioration in value or for deterioration caused by the intended use of the object. The Customer only has to reimburse the value in respect of use made by them if they have used the goods in a manner that goes beyond the verification of the characteristics and the functioning method. “Verification of the characteristics and the functioning method” is understood as the testing and sampling of the item in question, such as is possible and customary in a shop. Items that can be dispatched in a package are to be returned at BeamYourScreen’s cost and risk. Items that cannot be dispatched in a package will be collected from the Customer. Obligations to reimburse payments must be fulfilled within 30 days. For the Customer, this period begins when their revocation request is sent; for BeamYourScreen, it begins upon the receipt thereof.
End of instruction on right of revocation.
12. Customer Obligations and Contractual Penalties
12.1. The Customer must observe the duties arising from the license conditions (EULA). In some instances these duties are subject to a contractual penalty (8.1 of the license conditions).
12.2. In addition the Customer is also under a contractual obligation to observe statutory conditions, and in particular undertakes not to transmit any unlawful content.
13. Fees and Payment Terms
13.1. In principle, advertised and agreed payments are understood as inclusive of VAT at the statutory rate as far as consumers are concerned, and exclusive of VAT at the statutory rate for businesses. For businesses, any customs or other public levies arising are also not included and are to be borne by the business in question.
13.2. Invoices from BeamYourScreen must be settled within fourteen (14) days of receipt. BeamYourScreen reserves the right to send invoices uniquely in electronic form accompanied by a certified electronic signature.
14. Overdue Customer Payment
14.1. Should the Customer be late for an invoice payment or should a credit-card or a direct-debit charge fails for reasons for which the Customer is solely responsible (e.g. insufficient funds, incorrect data), BeamYourScreen reserves the right to charge punitive damages for processing costs up to an amount of EUR 15. Provision of proof for higher or lower costs shall remain permissible for both sides.
14.2. Should the Customer be over three (3) months overdue in settling an invoice for a contractual period or for an important part thereof, BeamYourScreen reserves the right to retain its services unpaid up to that point and to terminate the contract without prior notice after a warning has been issued.
15. Limitation of BeamYourScreen Claims
Contrary to section 195 of the German Civil Code (BGB), BeamYourScreen’s claims to payment expire after five (5) years have elapsed. Section 199 of the German Civil Code (BGB) is applicable from the start of the expiration period.
Offsetting rights of the Customer apply only if their claims are the subject of a final and conclusive judgment, or are uncontested, or have been acknowledged by BeamYourScreen.
17. Identification of References
BeamYourScreen shall be granted the right to identify the Customer who is not a consumer as a reference customer for the purpose of advertising BeamYourScreen Software by providing their company name, brand or company logo as well as its URL (e.g. identification on website and on printed advertising material). The Customer may revoke his or her consent for the future by providing written notification.
18. Infringement When Using BeamYourScreen
In the event of strong suspicion that infringements are arising during Customer access to BeamYourScreen servers, BeamYourScreen reserves the right to suspend its functionality. The Customer shall immediately be informed thereof.
19. Data Protection
Both BeamYourScreen and the Customer are obligated to adhere to data privacy regulations. In accordance with the data protection declaration, Customer data will be used exclusively for the purpose of the conclusion and performance of the contract and for customer information and market analysis, and will be treated confidentially. They shall only be potentially passed on to third parties within this framework, who shall also be bound to confidentiality by BeamYourScreen.
BeamYourScreen is authorized to employ third parties of its choice in order to fulfill its contractual obligations.
21. Force Majeure
None of the parties is obligated to fulfill contractual obligations in the event of and for the duration of force majeure. The following circumstances shall be particularly considered as force majeure: technical Internet problems that a party cannot control, explosion/fire/flooding beyond the party’s reasonable control, war, mutiny, blockade, embargo, or a labor dispute lasting for more than six (6) weeks and which is not caused by the party. Each contracting party must immediately inform the other of such an occurrence in the event of force majeure in written form, insofar as this is possible.