1. Preamble and Applicability
1.1. These General Terms and Conditions ("Terms", "GTC") govern the relationship between the Awescode GmbH ("EasyWeek", "us", "we" or "our"), Speditionstr. 1, 40221 Dusseldorf, Germany, registered at Dusseldorf, HRB 80278, on the one hand, and business Customers on the other hand as a fundamental part of any agreement between you and EasyWeek as well as any user registered on either easyweek.io, easyweek.de, easyweek.com.ua, or my.easyweek.io. We offer certain SaaS-based Services provided on any EasyWeek Services application (the "Service" and/or "Performance"), operated by EasyWeek.
EasyWeek – Easy-to-Use Online Bookings Marketplace & Appointments Software. EasyWeek makes appointments easy for customers and helps service providers grow sales.
1.2. Your access to and use of the Services are conditioned on your acceptance of and compliance with these GTC. These GTC apply to all visitors, users, partners and others who access or use present and future Services and Performances. By accessing or using our provided Services and Performances as well as by clicking the "I accept" button or other mechanisms provided you agree to be bound by these terms. Please read these GTC carefully before using Services provided by EasyWeek. If you disagree with these terms, or any parts of it, then you may not access or use the Service.
"Account" means one registered user with a unique e-mail-address or Single-Sign-On (SSO). In one account you can create or belong to multiple spaces for your projects and invite other accounts to such spaces using their Account Identification. "Account identification" means a unique identification to one specific account (system generated ID or Single-Sign-On-ID or e-mail-address solely.
"App" means an application that extends the functionality of EasyWeek by providing a custom interface extension in different places within the EasyWeek Services and Performances made available to you by EasyWeek or third-parties.
"Integrations and Apps" means our platform where Apps from EasyWeek or third-parties are offered.
"Billing cycle" means period covered by one invoice of EasyWeek to customer.
"Customer content" is the content that is released, made available or transmitted by the Customer to EasyWeek in connection with the use of the Services and Performances.
"Help center" means instructions, either printed or digital, online help files, technical documentation, and user guides in order to use the Service and Performances of EasyWeek.
"Order form" means the document containing the commercial details of the agreement between the parties.
"Registration" means the full process of a Customer giving necessary information about his identity and confirmation as requested during the Account creation-process on a EasyWeek application.
"Self-service-subscription" means subscription made by Customers who are subscribing to EasyWeek’s Services via EasyWeek self-service-checkout (my.easyweek.io).
"Services and Performances" or "EasyWeek Services" means the SaaS-based content management system (including the EasyWeek APIs and documentation) along with updates or upgrades provided by EasyWeek.
"Spaces" means a content repository with its own components, datasources, assets, environments, domains, accounts, and permissions.
"Subscription" means any use of EasyWeek’s Services via a recurring payment period with automatic renewal.
"Third-Party App" means an app created by a registered partner of EasyWeek without any connection to or any liability of EasyWeek.
"User" means any person using EasyWeek Services registered on either easyweek.io, easyweek.de, easyweek.com.ua or my.easyweek.io.
3. Account Registration & Customer responsibilities
3.1. After the Customer has read and accepted the GTC, the Customer is eligible to register for a EasyWeek account in order to use all of the EasyWeek's Services and Performances and App Store. It is necessary to provide all the needed data requested in the signup mask. That contains a valid e-mail-address and password to create an account with us. The Customer is obliged to keep the e-mail-address valid during the use of EasyWeek's Services.
3.2. After the Customer provided the data and clicked "sign up" we will confirm receipt of Customer's registration by an automatically generated e-mail. In a separate e-mail or by granting the Customer access to the EasyWeek Services we accept the registration.
3.3. Simultaneous with access to our Services, the Customer will receive a fixed term, worldwide, nonexclusive, royalty free (upon full payment of subscription fees), and nontransferable license to use the EasyWeek Services, solely to perform those functions defined in the documentation, and subject to all limitations and restrictions contained herein. The EasyWeek Services may only be used with a valid account. Such account may not be shared across multiple users.
3.4. The Customer is responsible for safeguarding the password and/or all access data to use and access the account and/or for any activities or actions related to the account. The Customer agrees not to disclose or share the password. The Customer must notify us immediately of any suspicion or upon becoming aware of any breach of security or unauthorized use or access of the account.
3.5. The Customer is solely responsible for
A. the use of EasyWeek Services and Performances through the account, whether or not authorized;
B. for compliance with data protection obligations;
C. the accuracy, legality and integrity of the Customer content;
D. not violating applicable law, including but not limited to intellectual property rights, unfair competition rights and personal rights of third-parties;
E. following the instructions provided by EasyWeek;
F. backing up any data and information used in conjunction with the Services and Performances and
G. using the current version of the APIs or SDKs (read 9.5).
3.6. The Customer is prohibited to act as a reseller for EasyWeek. Each EasyWeek space is used for a project in and for the Customer and/or subsidiary or affiliated companies.
3.7. In case (even without Customer’s fault) of infringement or use of the EasyWeek Services contrary to any terms or any contract concluded between Customer and EasyWeek or applicable law EasyWeek reserves the right to immediately, without prior notice, suspend such account and/or space(s) and/or Customer’s access to the EasyWeek Services.
4. Conclusion of Contracts
4.1. Offers from EasyWeek are non-binding insofar as not explicitly designated as binding.
4.2. A contract can only be concluded in a legally effective manner by an explicitly stated order form.
4.3. Information provided by our staff, on our website or in any marketing material, as well as Customer's requests for proposals, specifications mails or any other documents are non-binding and shall only become content of any contract insofar as the order form explicitly refers to it. Any terms that are not mentioned by the order form are to be hold as null and void.
4.4. In case of purchase or subscription of a third-party App any contractual obligations are set between Customer and app-provider while EasyWeek is only acting as agent.
5. Subscription – Prices/Fees – Changes – Refund
5.1. Contract/subscription period shall be as indicated in the order form. That order form will provide the Customer with a specific period of coverage; the period agreed shall constitute the term and Customer shall be contractually obligated to pay the subscription fees set out in the order form. Prices mutually agreed and set in the order form are binding for the agreed contract period.
5.2. If not agreed otherwise, any contract or subscription shall automatically renew for successive terms equal to the term in the order form unless Customer notifies EasyWeek in writing ([email protected]) of Customer’s intent not to renew at least thirty (30) days prior to the expiration of the then-current term. If Customer fails to do so, subscription or contract period will automatically renew under the exact same conditions (notwithstanding applicable clause 5.4). Such renewal shall constitute a consecutive contract period.
5.3. Customer shall provide EasyWeek with accurate and complete billing information including company name, full name of the contact person, address, state, zip code, country, telephone number, mail-address, VAT (or equivalent)-number. Incorrect or incomplete information can lead to an additional effort for EasyWeek, which will be charged to the Customer.
5.4. All prices indicated are non-binding and exclusive of VAT, unless otherwise stated. EasyWeek may, in its sole discretion and at any time, modify the subscription fees. Any changes will become effective at the end of the then-current contract period; modified prices will be charged beginning with the consecutive contract period. Except expressly agreed, renewal prices will not be adjusted based on promotional or one-time priced subscriptions but on EasyWeek standard applicable list price in effect at the time of the applicable renewal. Notwithstanding anything to the contrary, any renewal in which subscription volume for any Services has decreased from the prior term will result in re-pricing at renewal without regard to the prior term's per-unit pricing.
5.5. EasyWeek will charge subscription fees, additional usage fees and other fees or prices set forth in the order form or based on the Customer's actual EasyWeek Services usage.
5.6. Paid subscription fees are non-refundable, except for those cases that are noted in the refund policy below.
5.7. Prices for third-party Apps are set solely by the app-provider.
5.8. The free trial period lasts 14 days from the moment of signing up to the system. After the end of the trial period, the Client must choose a free plan or a paid subscription. The paid subscription period can be 1 month, 3 months, six months, a year.
5.9. By choosing a paid subscription, you consent to allow EasyWeek to charge your payment method, either directly or through its payment processors, for the amounts due for your initial subscription period and for additional subscription periods until your account is canceled or terminated.
Account deletion/ subscription cancelation/
5.10. You can cancel your subscription and delete your account at any time within the EasyWeek account due to this instruction. Cancellation will be effective immediately. Please note that after you cancel your account, you may not be able to use or access EasyWeek and you will not be entitled to a refund of any fees that you've paid.
5.11. If you cancel your subscription and switch to a free plan, the transition is carried out immediately, the balance is returned to the balance, and only the functionality of the free plan remains.
5.12. Payment for the monthly subscription plan is made on the day of its activation, before the upcoming month. This payment date will be applied monthly, and the corresponding amount will be charged for the upcoming billing period.
5.13. You can switch to a more advanced plan the moment you select it. You will be able to use the new features immediately. It is immediately deducted, minus the balance of the previous plan, in proportion to the remaining days. On the next payment date, the full cost of the month of the new plan will be deducted.
5.14. If you downgrade before the end of the paid period, the balance is returned to the balance, and the conditions of the new plan are activated immediately.
5.15. If you switch to an annual subscription, the new plan will be activated when you switch. The subscription period begins on the date you first paid for any plan. For example, if you paid for a month on June 20, 2022, and decide to switch to an annual plan on June 30, your annual subscription period will run from June 20, 2022, through June 20, 2023.
5.16. In case of non-payment, your account will be blocked until the payment comes. When the payment is received, a new billing period will begin, and the payment date will be shifted accordingly.
EasyWeek refund policy
5.17. EasyWeek may give refunds for some cases, depending on the refund policies described below. To request a refund, please contact the support team directly via chat, phone or email.
5.18. If you find a purchase on your card or other payment method that you didn't make, report unauthorized charges in support chat within 24 hours of the transaction.
5.19. You may cancel your subscription and receive a refund if you have not started using the Paid Service you ordered and have submitted your refund request no later than 7 business days after you paid for your subscription. We reserve the right to approve or accept the refund request.
5.20. The cost of an annual subscription is not refundable even in case of partial use.
In case of annual subscription and expiration of the refund terms specified in paragraph 5.19, in exceptional cases we can consider compensation in the form of a refund to the partner's bonus account or a discount for future use. The specified option is possible only if you have not started using the Paid Service you ordered after signing up for the system.
5.21. If your refund request has been approved, please note that it may take 1-3 business days to process and create a request to the accounting department. After that it may take a few days for the money to reach the customer’s bank account. Overall, It may take 5-14 business days for funds to settle.
5.22. If you complain about EasyWeek through your bank, bypassing our technical support, and if the funds are forced back and EasyWeek receives a fine, we have to add such customers to our blacklist.
If you want to come back and use EasyWeek in the future, you will have to cover the fees associated with that bank charge.
6.1. Payment is made according to the order form. In general, and if not otherwise agreed, our invoices are due for payment annually in advance, free of charges and other deductions and payments must be made within thirty days (30) of the date of the invoice. Transfers are deemed to be paid only upon receipt of the money in EasyWeek's bank account.
6.2. All prices are understood without any applicable taxes; the Customer is obliged to pay the taxes stated on the invoice and is not entitled to withhold any taxes from amounts due. EasyWeek will not be responsible for any taxes based on the Customer’s net income or taxes imposed on the Customer arising from any consumption of goods and Services. EasyWeek will not be responsible for any other taxes, assessments, duties, permits, tariffs, fees, or other charges of any kind. EasyWeek reserves the right to contest the determination of taxes by the tax authorities.
6.3. In case of Customer default on payment, we are entitled to choose to seek compensation of the actual damage incurred or of the default interest rate. The default interest rate lies 9.2% per annum over the base interest rate on the marginal lending facility determined by the ECB, but not less than 8%. The Customer undertakes to reimburse any costs of dunning and collection agencies incurred in the case of Customer default on payment insofar as they are necessary for the appropriate legal actions.
6.4. In case of Customer default on a payment, we shall be entitled to demand immediate payment of any outstanding bills for accrued Services and Performances (even if so far not yet due) and/or to require advance payment or appropriate security for future EasyWeek Services. Any Customer’s counterclaim can only be set off as long as such counterclaim is neither contested nor recognized by declaratory judgement.
6.5. If you are in delay of payment or if the use of the Services and Performances exceeds the prepaid amounts, EasyWeek is additionally entitled to suspend your account with a 14 days prior notice. Other rights and remedies are expressly reserved. EasyWeek is not liable for any damage, losses, losses of data or profits or any other negative impacts that may occur due to a suspension according to this provision.
7. Self Service
7.1. EasyWeek Services may be available via self-service. Customers who are subscribing to EasyWeek's Services via EasyWeek self-service-checkout (my.easyweek.io) are considered self-service Customers. This section 7 is applicable for such self-service Customers only. If one of the rules stipulated in this section 7 is contradicting any other part of these GTC, this section will prevail the relevant GTC-part.
7.2. A contract will be legally effective and binding with Customer’s first successful subscription fee’s payment. Customer will be billed in advance on a recurring and periodic basis ("billing cycle"). Billing cycles are depending on the type of the subscription plan Customer selects when purchasing a subscription.
7.3. The Customer will have the option to select a specific or unspecific period of coverage; upon selecting such period of coverage, the period selected shall constitute the billing cycle and Customer shall be contractually obligated to pay the subscription fees set out in the subscription process.
7.4. Any timely specified subscription period shall automatically renew for successive terms equal to the term in the subscription process unless Customer cancels the subscription’s renewal via the self-service platform at least thirty (30) days prior to the expiration of the then-current billing cycle. If Customer fails to do so, subscription or contract period will automatically renew under the exact same conditions.
7.5. A valid payment method, including credit card, is required to process the payment for Customer’s subscription. Customer shall provide EasyWeek with accurate and complete billing information including company name, full name of the contact person, address, state, zip code, country, telephone number, mail-address, VAT (or equivalent)-number and a valid payment method information. By submitting such payment information, Customer automatically authorizes EasyWeek to charge all subscription fees incurred through his/her account to any such payment methods. Incorrect or incomplete information can lead to an additional effort for EasyWeek, which will be charged to the Customer.
7.6. Should automatic billing fail to occur for any reason, EasyWeek will issue an electronic invoice indicating that Customer must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
7.7. EasyWeek, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current billing cycle; adjusted prices will be charged beginning with the consecutive billing cycle. Customer's continued use of EasyWeek Services after the subscription fee change comes into effect constitutes Customer's agreement to the modified subscription fee.
7.8. In deviation to sec 9.3., EasyWeek will provide its Services and Performances with a best possible availability of about ninety-five (95) percent uptime annual average.
7.9. Customer grants EasyWeek a right free of charge to use Customer as a reference on the website or in other online or print media as well as on any (social) media platforms. EasyWeek may use corporate names (as part or in whole), logos, trademarks, and similar for any advertising and/or marketing purposes. EasyWeek may issue a press release announcing Customers selection of the service. The text of the press release will be subject to EasyWeek’s own discretion.
7.10. If Customer has agreed to use EasyWeek Services for an indefinite period, each of the two contracting parties is entitled to terminate the contract in writing at the end of each billing period which is chosen and agreed by Customer. Any termination of Services and Performances and/or Customer's account may be terminated within the provided options as mentioned above through the account and respective management tools.
7.11. EasyWeek reserves the right, at EasyWeek's sole discretion, to modify or replace these GTC at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
7.12. By continuing to access or use our Service after those revisions become effective, the Customer agrees to be bound by the revised terms. If the Customer does not agree to the new terms, the Customer should stop using the Service.
8. Free Trial
8.1. EasyWeek may, at its sole discretion, offer a subscription with a free trial for a limited period of time.
8.2. The Customer may be required to enter Customers billing information in order to sign up for the free trial. If the Customer does enter the billing information when signing up for the free trial, Customer will not be charged by EasyWeek until the free trial has expired. On the last day of the free trial period, unless Customer cancelled the subscription, Customer will be automatically charged the applicable subscription fees for the type of subscription Customer has selected.
8.3. At any time and without notice, EasyWeek reserves the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer anytime.
8.4. The Customer acknowledges that their data can be deleted at any time and assumes responsibility for any data backup. EasyWeek assumes no liability for any damage caused by (even partial) loss of data or information.
8.5. For free trials EasyWeek will not be liable for any damages. EasyWeek does not warrant any specific results of any kind whatsoever or any Performance. EasyWeek does not warrant that the Services as part of the free plan are free from any bugs or flaws.
9. Services and Performances
9.1. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of Performance. EasyWeek does not warrant that the Services and Performances or Apps are compatible with the soft- or hardware and IT-environment used by the Customer.
9.2. EasyWeek provides the Services and Performances in accordance with the order form. EasyWeek is providing the Services and Performances diligent and with adequate care.
9.3. EasyWeek will make the EasyWeek Services available to the Customer with a best possible availability of ninety nine point nine (99,9) percent uptime annual average, and grants a non-exclusive right to access the EasyWeek Services.
9.4. EasyWeek is entitled to partially or completely suspend the Service if the security of EasyWeek or the security of a Customer is at risk. EasyWeek will immediately inform the Customer of such measures. This does not give any right to any claims against EasyWeek.
9.5. Even though EasyWeek avoids changes to the EasyWeek APIs or EasyWeek Services that are not backward compatible, EasyWeek may change, deprecate or republish EasyWeek APIs for any EasyWeek Services or Performances. EasyWeek will send a notification prior to a take-down of an existing API version at least thirty (30) days in advance. It is the sole responsibility of the Customer to update their software applications or websites.
9.6. Only if the modification to be made by an update is commercially unreasonable for the Customer, they are entitled to a right of termination in accordance with sec 14 (termination). The Customer waives all claims for compensation and other claims in this respect.
10. Copyright Policy and Infringement of Proprietary Rights
10.1. EasyWeek respects the intellectual property rights of others. EasyWeek warrants that with any of its Services and/or Performances (in parts or in whole) no intellectual property of any third-party is infringed. EasyWeek indemnifies and holds Customer harmless (including costs and attorney-fees) against any actual or threatened claim, loss, liability or similar in case Customer is threatened by a third-party due to any copyright infringement caused by EasyWeek.
10.2. It is our policy to respond to any claim that content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person. The Customer is solely responsible for the legality of the contents stored and/or used by him. EasyWeek has no duties of care, protection or warning in this respect. Therefore, the Customer guarantees to have all corresponding rights to the content stored and/or used by him and indemnifies and holds EasyWeek harmless (including costs and attorney-fees) against any actual or threatened claim, loss, liability or similar in this respect.
10.3. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service of EasyWeek, you must submit your notice in writing to the attention of "Copyright Infringement" to [email protected] and include in your notice a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and attorney-fees) for misstatements that any content is infringing your copyright.
11. Intellectual Property of EasyWeek Services
11.1. The EasyWeek Services as well as the documentation and its original content, features and functionality are and will remain the exclusive property of EasyWeek or its licensors.
11.2. The EasyWeek Services, trademarks, trade names, service marks, and logos, whether or not registered are legally protected. EasyWeek trademarks and property rights may not be used in connection with any product or Service without the prior written consent of EasyWeek. In particular, the Customer is not permitted to license, publish, rent, make available to others via networks, or in any other way offer the Service, even with single elements. The Customer is also prohibited from decompiling the EasyWeek Services offered.
11.3. Customer grants EasyWeek a non-exclusive, free and, within the framework of the agreement, unlimited right of use for the duration of the contract to use the Customer’s contents; this is restricted to the purpose of the proper fulfilment of the Services.
12.1. Customer grants EasyWeek a right to name Customer as a reference on EasyWeek website and online (social)- or print-media.
12.2. Customer grants EasyWeek a right to use any corporate names, logos, trademarks, and similar for advertising and marketing purposes – without any deviation and within Customer’s brand guidelines. It is EasyWeek's obligation to request and ensure fulfillment of Customer’s brand guidelines. In the event Customer has identified deviations from its guidelines, Customer will inform and request EasyWeek to correct the deviation within one week.
12.3. EasyWeek may issue a press release announcing Customer's selection of the Service. The text of the press release will be subject to Customer's prior written approval, not to be unreasonably withheld or delayed.
13. Links To Other Websites
13.1. Our Services may contain links to third-party websites or Services that are not owned or controlled by EasyWeek. Therefore, EasyWeek has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or Services.
13.2. The Customer further acknowledges and agrees that EasyWeek shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such websites or Services.
13.3. We strongly advise the Customer to read the terms and conditions and privacy policies of any third-party website that Customer visits.
14.1. The agreement and the use of EasyWeek Services terminates with the last day of the agreed term if not otherwise agreed (eg automatic renewal).
14.2. Both contracting parties are entitled to terminate the contract and the use of EasyWeek Services at any time with immediate effect and without any liability if the other contract partner does not comply with the agreement in an essential point of the contract despite being requested to refrain from doing so or observing it by setting a reasonable grace period.
A. An important reason for EasyWeek in particular is, if Customer breaches any major provision of the contract or these terms (e.g. breach of any provision of 3.5.) and fails to fix such breach within fourteen (14) days after written notification and request to do so.
B. An important reason for Customer is, if EasyWeek breaches any major provision of the contract or these terms (e.g. breach of any provision of 1 or 9.2.) and fails to fix such breach within fourteen (14) days after written notification and request to do so.
14.3. In case the termination following 14.2.a) affects a period covered by pre-paid fees, the termination will be effective immediately; no pre-paid fee whatsoever will be refunded. In both cases, (14.2.a) and 14.2.b)) any consumption-based fees will be charged and calculated according to the actual usage. Calculation will be made on a monthly basis.
14.4. Upon termination, the Customer's right to use the Services and Performances will cease and all fees become due immediately. The Customer shall immediately stop using the Services and Performances. Following termination, any use of the Services by the Customer shall be an infringement and/or misappropriation of EasyWeek's proprietary rights.
14.5. After legally effective termination of the contract, EasyWeek will irrevocably delete the Customer content within a grace period of thirty (30) days and any legal time limitations. EasyWeek will not be liable for any data loss.
15.1. We are a Service provider and our Services and Performances correspond to the prevailing state of the art and we provide our Services to the best of our ability.
15.2. EasyWeek does expressly not owe any commercial success of any kind whatsoever of the Service. EasyWeek makes no warranties or guarantees as to the Service’s suitability for any particular purpose. EasyWeek does not warrant that the Service will be uninterrupted, error-free, or fully functional at all times.
15.3. EasyWeek is not liable for downtimes or breakdowns due to maintenance, software updates and due to circumstances (such as technical problems of third-parties and higher forces) that are beyond EasyWeek's control. Minor technical changes are deemed approved in advance.
15.4. The warranty is furthermore limited to reproducible defects. If incompatibilities arise at the Customer due to technologically reasonable changes in the Service, claims for compensation are excluded.
15.6. If failures or errors of any kind occur, Customer shall immediately provide detailed and written notification by describing the error. If Customer fails to do so, he may no longer assert any claims under warranty. EasyWeek will try to fix errors and bugs as soon as we get knowledge.
15.7. The existence of errors and defects must always be proven by the Customer.
15.8. EasyWeek may access Customer's spaces in order to debug the EasyWeek Services and Performances.
15.9. It is in EasyWeek’s full interest that any Services or Apps provided by third-parties via EasyWeek are working with the same highest quality EasyWeek's Customers are expecting. Nevertheless, EasyWeek cannot guarantee such quality or Performance. More than that, EasyWeek will not be liable for any third-party app in any way.
16.1. EasyWeek shall only be liable for compensation for damage caused by it, its directors, employees, partners, agents, suppliers, or affiliates, in connection with the Services and Performances, only in the event that such damage was caused by gross negligence or intent.
16.2. Should EasyWeek be liable for any reason whatsoever, the compensation in total is limited to the agreed subscription fee for the then-current billing cycle at the damage-incurring event, but will not be calculated on professional Services or consumption-based usage (eg. traffic).
16.3. In no event and under no circumstances shall EasyWeek, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
16.4. EasyWeek shall not be liable to the Customer for any delay or failure of EasyWeek to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of EasyWeek. Such causes shall include, but are not limited to, acts of god, floods, fires, loss of electricity or other utilities, consequences of epidemic or pandemic crisis, or delays by Customer in providing required resources or support or performing any other requirements hereunder.
16.5. The aggrieved Customer must prove the existence of gross negligence or intent.
16.6. Claims for damages are subject to a limitation period of one year from the date of Customer's knowledge of the damage.
17. Confidentiality and Data Protection
17.1. Both parties are obliged to treat data, information and documents received in connection with the use of the Services as confidential and are obliged to maintain secrecy.
17.2. Both parties are obliged to comply with the provisions of the General Data Protection Regulation (GDPR).
17.3. If the Customer gains knowledge or had the opportunity to gain knowledge of a Distributed-Denial-of-Service attack (DDoS), which is for the Customer recognizably overloadable to the system of EasyWeek and/or enables the possibility of potential data theft, Customer omits anything that could cause financial losses or data leaks. If Customer had knowledge of such attacks and would have been able to prevent them, Customer is to hold accountable for any arising damage that allocates to his mishandling.
18. Applicable Law and Jurisdiction
18.1. Place of Performance is Dusseldorf (Germany).
18.2. These GTC shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.
18.3. It is hereby agreed, that the court with subject matter jurisdiction at the registered seat of EasyWeek shall have exclusive jurisdiction as legal venue.
19.1. Customer has full knowledge of all circumstances concerning the Service. Customer is aware of its true value. A contestation of the contract due to error or any other avoidance or adjustment clause (eg, laesio enormis) is expressly excluded between the contracting parties.
19.2. Any non-enforcement of any right or provision of these terms will not be considered a waiver of those rights.
19.3. Should any provision of these GTC be legally ineffective, invalid and/or null and void or become so in the course of its term, this shall be without prejudice to the legal effectiveness and the validity of the other provisions. In such case the invalid and legally ineffective provision shall be replaced by one which is legally effective and valid and in its economic corresponds to the provision replaced – insofar possible and legally admissible.
19.4. These terms supersede and replace any prior agreements. Agreements or arrangements that diverge from our GTC require EasyWeek's written confirmation. In the event of a conflict between these GTC and order form or any other document, the order form takes precedence over the GTC and the GTC takes precedence over any other document.
Last updated: June 15, 2023