Last update: 31.1.2017
Only the German version of the General Terms and Conditions as can be viewed under the link https://bookawizard.com/agb is legally binding.
Highvisioned GbR, Glogauer Str. 9, 10999 Berlin (hereinafter referred to as “Highvisioned”) operates an online platform – inter alia, via the bookawizard.com website – through which it offers its customers (hereinafter “CUSTOMER(S)”) IT/IT Support-related services. The services are performed by employees of Highvisioned (or companies affiliated with or commissioned by Highvisioned) and only IT Support staff who are subject to their instructions. Employee leasing within the meaning of the German Law on Temporary Employment (AÜG) does not take place. The contracts are exclusively concluded between Highvisioned and the respective CUSTOMER. The IT Support staff act as legal agents in the fulfillment of the contractual duties.
Section 1 Scope
The following General Terms and Conditions (hereinafter “GTC”) are valid for all services and products offered by Highvisioned/for all contracts concluded between Highvisioned and the CUSTOMERS via the bookawizard.com website. Deviating, contradictory or supplementary general terms and conditions/terms and conditions of use of the CUSTOMERS do not apply, unless Highvisioned has explicitly consented to them beforehand in written form.
Section 2 Conclusion of the contract
A valid contract is concluded between Highvisioned and the CUSTOMER, if the CUSTOMER submits his own binding offer (e.g. by clicking on the “PLACE BOOKING” button on the platform) via the platform, the Book a Wizard app, by telephone or by e-mail in response to the request to submit an offer that is subject to confirmation/non-binding (e.g. the offer on the platform) and Highvisioned confirms this binding offer of the CUSTOMER (e.g. confirmation of the CUSTOMER’s booking by e-mail).
Section 3 Content of the offer
(1) Highvisioned performs the services on the basis of the specifications defined by the CUSTOMER in the order (whereby the CUSTOMER may specify e.g. the start, duration, and specific additional services – inter alia, data backup and restoration, hardware upgrade, request for a consultation, request for an assistance on a bigger project or regular basis). (2) The IT services are performed by employed IT staff of Highvisioned (or by companies affiliated with Highvisioned or commissioned by Highvisioned), who are bound by the instructions of Highvisioned and will receive a precise problem description or consultation specification in relation to the nature and scope of the order in accordance with Section 3 Par. 1 of these GTC by Highvisioned via app and/or handout.
Section 4 Acceptance
(1) The services performed by the contractor shall be deemed as fulfilled in accordance with the contract and accepted – insofar as endeavoring to achieve success not merely owed – if the CUSTOMER does not raise objections in written form immediately after the service provision (this applies equally to one-off and recurring services of Highvisioned), whereby the nature, scope, time and location of the asserted objections must be precisely described. (2) The CUSTOMER may not refuse the acceptance of the service performed by Highvisioned due to insignificant defects.
Section 5 Cancellation right for consumers
If the CUSTOMER is a consumer, he shall be entitled to a cancellation right. A consumer is any natural person, who concludes a legal transaction for purposes that are neither attributable to commercial purposes nor for a self-employment activity (cf. Section 13 BGB [German Civil Code]).
You have the right cancel this contract within fourteen days without specifying reasons. The cancellation notice period amounts to fourteen days from the day of conclusion of contract. In order to exercise your cancellation right, you must inform us (Highvisioned GbR, Glogauer Str. 9, 10999 Berlin, e-mail address: email@example.com) with a clear declaration (e.g. with the letter sent by post or e-mail) about your decision to cancel this contract. You may use the attached cancellation form template for this, however this is not prescribed. To preserve the cancellation time limit, it is sufficient if you dispatch the notification about exercising the right of cancellation prior to the expiry of the cancellation time limit.
Consequences of the cancellation
If you cancel this contract, we will immediately refund you with all payments received from you, including shipping costs (with the exception of additional costs that result from the fact that you have selected a different shipping method than the standard, lowest-priced shipping method offered by us) and in any case, no later than within fourteen days from the day as of which the notification about your cancellation is received by us. For this refund, we will use the same payment method that you used for the original transaction, unless explicitly agreed otherwise with you; in no case, will we charge you any fees for this refund. If you have explicitly requested that the service should start during the cancellation notice period, you shall pay us an adequate amount, which corresponds to the share of the services already provided until the time at which you notify us about exercising the cancellation right in comparison to the total amount of the services envisaged in the contract.
Cancellation Form Template
(If you intend to cancel the contract, please fill out this form and return it to us.)
Section 6 Change and cancellation of bookings
(1) For changes or cancellations of bookings, the customer is invoiced with processing fees. The amount of the processing fees is based, inter alia, on the nature of the booking and the time of the change/cancellation. The precise cancellation of the processing fee takes place in accordance with the “Change and cancellation conditions”, which can be viewed under the following link: https://bookawizard.com/cancellation-rescheduling . These change and cancellation conditions are valid for all changes and cancellations of bookings, as well as “de facto cancellations”. A “de facto cancellation” exists, if the CUSTOMER makes the execution of the booked order impossible due his behavior. This specifically, but not exclusively, includes: Address or flat cannot be found due to incorrect information about the name or address, incorrect name on the doorbell sign or building door, customer not present and not contactable at the start of the order, access to the IT System is not made possible. A de facto cancellation is treated in the same way as a cancellation of the booking at the time of execution. (2) Changes in relation to the time or scope of the order, as well as other order details, must be reviewed and confirmed by Highvisioned. By notifying changes, the CUSTOMER has no entitlement to the fulfillment of these changes before a confirmation has been received from Highvisioned.
Section 7 Liability of Highvisioned
(1) Highvisioned is basically liable towards the CUSTOMER in the event of a breach of contractual and extra-contractual duties in accordance with the statutory provisions. Exceptions from this are regulated by the following paragraphs: (2) Highvisioned is only liable for compensation for damages – regardless of the legal grounds – in the case of premeditation or gross negligence. (3) If a lesser degree of fault exists than gross negligence, Highvisioned shall only be liable: a) for damages due to injury to life, limb or health; b) for damages due to the breach of material contractual obligations (or the breach of duties, the fulfillment of which make the proper execution of the contract possible at all and which the CUSTOMER may generally rely on and trust in being complied with [main contractual duties/cardinal duties]). In these cases, the liability of Highvisioned is limited to compensation for the foreseeable, typically occurring damages. (4) The liability of Highvisioned for assistants and vicarious agents, which is uses to fulfill its contractual duties, is based on the aforementioned regulations of Section 7 Par. 1 to 3 of these GTC. (5) Highvisioned is not responsible for the third-party content, which its website links to, and neither assumes liability nor any guarantee for the correctness of relevant linked third-party websites. The same applies with respect to compliance with data protection regulations and provisions on the linked third-party websites. (6) Highvisioned is not liable for damages that result from third-party fault or interruptions in the availability of its website, for which it is not at fault (e.g. technical problems with the Internet, UMTS transmission, etc. which are not influenceable by a party).
Section 8 Payment terms
(1) Invoices are payable net without any deductions within 14 days after receipt, unless specified otherwise by Highvisioned. (2) The CUSTOMER may grant Highvisioned a SEPA basic mandate. The collection of the relevant direct debit takes place 7 calendar days after the invoice date. The notice period for pre-notification is shortened to 7 calendar days. The CUSTOMER guarantees to ensure cover on the account. Costs that are incurred due to non-redemption or reversal of the direct debit are for the account of the CUSTOMER, as long as the non-redemption or reversal was not caused by Highvisioned.
Section 9 Term/termination of the contractual relationship
(1) The term of the contract concluded between the CUSTOMER and Highvisioned is primarily based on the respective requirements of the order in accordance with Section 3 Par. 1 of these GTC (with the booking of an IT service, the order shall end with the provision of the service by Highvisioned; with the booking of regularly recurring IT services, the contract is concluded for an indefinite term). (2) The contract may be properly cancelled at any time by both parties without specifying reasons.
Section 10 Data protection
Highvisioned collects, processes and uses personal data on the basis of the valid statutory data protection regulations, particularly the TMG [German Telemedia Act] and the BDSG [German Data Protection Act]. The data protection policy of Highvisioned applies, retrievable at https://bookawizard.com/datenschutz.
Section 11 Changes to the GTC
In the event of valid reasons (e.g. changes to the legal situation, the supreme court case law or market situation, expansion or adaptation of Highvisioned’s services etc.), Highvisioned is entitled to change individual clauses in this framework agreement with effect for the future, insofar as these changes are reasonable for the CUSTOMER. Any changes will only take place to the necessary extent. Highvisioned will notify the CUSTOMER about the intended changes at least eight weeks prior to the planned coming-into-force of the changes by e-mail, fax or letter and make the changed GTC available to him. The changes are deemed as approved, if the CUSTOMER fails to object in written form within six weeks after the notification. The notification will contain information about the possibility and time limit for the objection, as well as the significant/consequences of failing to object. The receipt of the objection by Highvisioned is relevant for observing the deadline. In the event of an objection with due and proper notice, both parties have the right to cancel the utilization agreement.
Section 12 Final provisions
(1) German law is exclusively applicable. The regulations of the UN Sales Convention are excluded. (2) All changes, amendments and rescissions of these GTC require the written form in order to be effective/valid; this applies equally to the rescission of this written form requirement. (3) Should individual provisions of the contracts concluded on the basis of these GTC be invalid or unenforceable, the validity and enforceability of the remaining provisions will remain unaffected by this. Invalid provisions shall be replaced by such provisions, which come as close as possible to the commercial objective of the provisions intended by the parties, in terms of content and purpose. (4) If the contracting party is a trader, a public-law legal entity or a special public-law fund, the legal jurisdiction for all disputes arising from contractual relationships between the CUSTOMER and Highvisioned is Berlin.