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TERMS OF SERVICE
for the services of NX Technologies GmbH
Status: 09.11.2020
1. Preamble
1.1.
These general terms and conditions (hereinafter: "GTC") for the performance and services of NX Technologies GmbH apply to all between NX Technologies GmbH, Friesenplatz 4, 50672 Cologne, Germany,
- hereinafter referred to as "we" or "NX Technologies" -
and users of the Services offered and provided by NX Technologies
- hereinafter referred to as "user" or "you" -,
arising legal relationships.
1.2.
The services provided by NX Technologies include offers (hereinafter referred to as "services"), consisting of online offers/platforms, associated websites, apps, functions, content, as well as external online presences, such as our social media profile.
2. Scope
2.1.
These GTC apply to the services offered by NX Technologies to buyers and sellers (§§ 611 ff. BGB). They regulate the use of the offered services by buyers and sellers.
2.2.
The services are open to consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB). Insofar as deviating general terms and conditions apply to consumers or entrepreneurs, this is indicated separately in the respective specifications of the services.
3. Conclusion of contract and changes to the General Terms and Conditions
3.1.
After the user accepts the terms and conditions, the contract between the user and NX Technologies for the use of the services is concluded.
3.2.
NX Technologies can change these GTC including Annex 2 (list of prices and services) if the change is reasonable for the user and there is a reason for the change, taking our interests into account. A reason for change exists in particular in the event of a change in legal requirements or case law, an addition to the services offered via the user interface or in the event of a change in market conditions. You can object to the amendment of the GTC by us, in which case the GTC will continue to apply in the previously existing form. We reserve the right to amend the GTC by mutual agreement.
4. Registration and Registration Requirements
4.1.
When registering for the NX Technologies services, the user enters, among other things, his e-mail address as a user name and a personal password and then confirms that he has read the data protection declaration ( https://www.bezahl.de/datenschutz ) and the terms and conditions of the NX Technologies. The data requested during registration and the information subsequently recorded must be given completely and correctly. Deviating registration requirements are identified separately in the respective specifications of the services.
4.2.
The password must be kept secret and may not be passed on to third parties. Password and username are the access data for using the services and the services offered via the user interface. If unauthorized third parties gain knowledge of the password and user name, the user must report this to NX Technologies immediately and change the password.
4.3.
Registration Requirements
4.3.1.
Registration is only permitted for persons of full legal age who have unrestricted legal capacity, possibly acting lawfully as a representative of a company. Furthermore, the user requires internet access, an e-mail address and a current, commercially available internet browser for registration. The user can download the Android and iOS app from the respective marketplace on suitable mobile phones and use it for the NX Technologies services. For this, the user also needs internet access and an e-mail address for registration.
4.3.2.
Each user may only register once for the respective service. Registration is only permitted under the conditions specified in these General Terms and Conditions and after taking note of the content of these General Terms and Conditions. Circumventing these regulations, in particular by using deviating, ie incomplete and/or incorrect data, is not permitted. A user account is not transferable. Deviating regulations (secondary users) are described in the respective specifications of the services.
5. Description of Services, Warranty
5.1.
Via the user interface and the automatic e-mail dispatch by NX Technologies, users receive information about payment transactions that are made via the NX Technologies services by users who have a contractual relationship with them (seller or buyer). NX Technologies provides the following services in particular:
5.1.1.
Carrying out the registration and provision of a user account
5.1.2.
Technical support in specifying the purpose of payment
5.1.3.
Communicating status changes regarding the payment process in real time to buyers and sellers
5.1.4.
Provision of historical transaction data
5.1.5.
Optional services according to the list of prices and services.
5.2.
The information is processed and transmitted as part of the user interface. NX Technologies has no influence on the content of the information. NX Technologies does not guarantee that due to the user's system environment, a printout of the information on the purpose of payment, the status of the payment transaction or other information and messages will match the display on the screen. NX Technologies does not warrant the accuracy or completeness of any information provided by Seller or Buyer, nor the identity or integrity of Seller or Buyer. The duration of the storage of information may differ depending on the origin of the data.
5.3.
NX Technologies is not involved in the contractual relationship between seller and buyer as an agent or representative of either party. NX Technologies is not itself a buyer or seller, but merely a technical service provider.
5.4.
For technical reasons in particular, information about products that come from the sphere of a portal provider (e.g. classified ad portals) can sometimes not be accessed via the user interface, or only to a limited extent.
6. Technical Availability
6.1.
NX Technologies may use third party networks, facilities and technologies that are not controlled by NX Technologies to provide services to the User.
6.2.
The user interface of the services is available at least 98.6% of the time. The availability is calculated on the basis of the time allotted to the respective calendar month in the contract period (if necessary pro rata) less the times for maintenance work on the NX Technologies system. NX Technologies is entitled to carry out maintenance work between 02:00 and 06:00 CET for up to 10 hours per calendar month. The services will not be available during the maintenance work.
6.3.
Maintenance work and disruptions at telecommunications providers, network and server operators as well as portal providers are not attributable to NX Technologies, unless it is the internal network of NX Technologies or the server on which the services are hosted or their data is stored.
7. Support Services
7.1.
NX Technologies provides German-language support for technical and organizational issues relating to NX Technologies services. Possible disruptions or indications of fraud in connection with the Services are NX Technologies by calling the emergency number +49(0)221/17738380 or by email security@nx-technologies.com to share. During business hours from 9:00 a.m. to 6:00 p.m. on working days (the Cologne location is decisive), except on December 24th and 31st, NX Technologies endeavors to respond to a fault report within one hour and a fault within to be eliminated within four hours. In individual cases, NX Technologies reserves the right to extend the troubleshooting time appropriately. If the fault cannot be rectified within an additional period of four hours set by the user, the user has the right to extraordinary termination of this contract in accordance with Section 11. Outside business hours, only security-related measures are carried out immediately.
8. Intellectual property, rights of use and obligations of the user
8.1.
NX Technologies is the owner of the rights to the content of the websites nx-technologies.com, bezahl.de, direktbezahlen.de all subdomains as well as all copyrights, trademarks and other property rights in relation to the services. Excluded from this are the contents of other portal providers or the seller.
8.2.
NX Technologies grants the user a non-exclusive, non-transferrable and non-sublicensable right to use the NX Technologies services and to access the services. The user is only granted the right of use to the extent required for the execution of this contract and for the intended use of the user interface. The right of use expires with the termination of this contract in accordance with paragraph 11 of these GTC.
8.3.
The following terms of use apply in detail:
8.3.1.
The user has the right, within the scope of the rights of use granted, to make individual data sets from the information provided by the portal visible on his screen and to print them out for permanent visibility using only the user interface and the import functions provided here. Automated queries using scripts, bypassing the respective search mask or similar measures are not permitted.
8.3.2.
You may not use the data obtained through the query either in full, in part or in part to set up your own database in any media form and/or for commercial data processing or the provision of information and/or for any other commercial use. The linking, integration or other linking of the information provided by the portal providers via the user interface or individual elements of this information with other databases or meta-databases is not permitted.
8.4.
The user is not authorized
8.4.1.
rent, lease, loan, reproduce, resell or otherwise distribute or transfer access to the NX Technologies Services through the User Interface;
8.4.2.
use the user interface to develop other services;
8.4.3.
activate and use optional functionalities of the user interface for which the user has not been granted any rights of use;
8.4.4.
to transfer the rights of use of the user interface to third parties or to grant third parties access to the online interface or the user interface;
8.4.5.
to change, translate, reproduce, decompile the source code of the user interface or to examine its functions, except to the extent permitted under Section 69d or Section 69e UrhG; such as
8.4.6.
to remove, obscure or alter legal notices, in particular to industrial property rights or copyrights of NX Technologies.
8.5.
When using the user interface, the user may not take any illegal actions or violate applicable laws, in particular not:
8.5.1.
infringe the industrial property rights, copyrights or property rights of third parties;
8.5.2.
take any action that jeopardizes or disrupts the functionality of the user interface;
8.5.3.
access data when you do not have permission to do so.
8.6.
If the data provided during registration changes, the user is obliged to update this immediately in the user account that has been set up. The user must check the correctness of the data provided for each change.
9. Privacy
9.1.
How NX Technologies processes your personal data can be found in the data protection declaration (see https://www.bezahl.de/datenschutz). All personal data communicated by you (data of a specific or identifiable natural person, including title, first name, surname, address, e-mail address, date of birth) are used exclusively for the purpose of fulfilling this contractual relationship or to carry out the services and no longer than this required saved.
9.2.
In order to use the services, it is necessary for the initiating user to name the other transaction partner, who is also a user, as a payment participant in connection with the transaction/payment.
9.3.
In the course of using the Services, NX Technologies will notify the User of the status of the transaction/payment.
9.4.
The use of personal or company-related data for advertising or market research purposes requires the express consent of the user. The user has the option of giving this consent when registering. This declaration of consent can be revoked by the user at any time.
9.5.
The user can view and update their personal data stored by NX Technologies at any time via the user interface of the respective service.
10. Newsletters
10.1.
If you allowed us to send you messages during the registration process for the services, you can revoke such consent at any time. You can exercise your right of withdrawal by changing the notification settings in the user interface accordingly.
10.2.
NX Technologies is entitled to send a newsletter with information about NX Technologies products and services to users who have consented to receiving it or who meet the requirements of Section 7 Paragraph 3 UWG. If NX Technologies sends newsletters, users can unsubscribe from this service at any time free of charge via a link provided for this purpose at the end of each newsletter. Further information on the processing of your personal data in connection with newsletters can be found in our data protection declaration ( https://www.bezahl.de/datenschutz ).
11. Duration of contract; termination
11.1.
The contractual relationship between NX Technologies and the user is concluded for an indefinite period. With the end of the contractual relationship, all rights of use granted to you in accordance with these General Terms and Conditions also end.
11.2.
The user can terminate the contractual relationship with NX Technologies at any time without observing a notice period, provided that neither a term nor a different termination regulation has been agreed for individual services. In the event of a performance disruption that cannot be remedied by NX Technologies within any grace period set by the respective user in accordance with Section 7, the user has the right to extraordinary termination of this contract.
11.3.
NX Technologies may terminate the contractual relationship with you at any time with a notice period of three weeks, insofar as neither an indefinite term nor a different termination regulation has been agreed for individual services. Subject to a notice period of three weeks, NX Technologies is also entitled to terminate the contractual relationship if you delete the user account. In the event of suspected misuse of the user interface, NX Technologies has the right to extraordinary termination of this contract. § 314 BGB remains unaffected.
11.4.
Deviating regulations are marked separately in the specifications of the services.
12. Liability
12.1.
Claims by the user for damages are excluded. Excluded from this are claims for damages by the user resulting from injury to life, limb, health or from the breach of essential contractual obligations, as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by NX Technologies, its legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfillment is necessary to achieve the contractual objective.
12.2.
In the event of a breach of essential contractual obligations, NX Technologies is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the user claims for damages resulting from injury to life, limb or health.
12.3.
The restrictions according to Section 12.1, 12.2 and 12.3 also apply in favor of the legal representatives and vicarious agents of NX Technologies if claims are asserted directly against them.
13. Cancellation policy for consumers
The following cancellation policy applies to all of our services (including bezahl.de).
13.1.
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract was concluded.
In order to exercise your right of withdrawal, you must inform us, NX Technologies GmbH (Friesenplatz 4, 50672 Cologne, telephone: +49(0)221/1773838-0, email: service@nx-technologies.com ), by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample cancellation form (Annex 1), which is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation: If you revoke this contract, we will owe you all payments that we have received from you, including any Delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us) must be repaid immediately and at the latest within fourteen days from the day on which the notification of your cancellation of this contract has been received by us.
If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
13.2.
Special notes: If you revoke this contract, you are also no longer bound by a contract related to this contract if the related contract relates to a service provided by us or a third party on the basis of an agreement between us and the third party.
14. Final Provisions
14.1.
The law of the Federal Republic of Germany applies to contracts between NX Technologies and the user, excluding the UN sales law. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the user as a consumer has his habitual residence, remain unaffected.
14.2.
If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and NX Technologies is the registered office of NX Technologies.
14.3.
In the event that a provision of this contract is invalid or unenforceable, the validity of the remaining investment conditions shall not be affected. In such a case, this provision will be replaced by an effective or enforceable provision that corresponds as closely as possible to the desired economic and legal result. This applies accordingly in the event that the investment conditions contain loopholes.
14.4.
Appendix 2 (price and list of services bezahl.de) is part of these GTC and describes the type and scope of the services provided by NX Technologies for the bezahl.de service. The fees for the use of the bezahl.de process and for any optional services are subject to an individual contractual agreement from the list of prices and services.
