General Terms and Conditions
§ 1 General
a) Area of Validity
The following terms and conditions shall apply in the version valid at the time of signing the contract for all legal relationships between Mr. Christian Pälchen, Herminenstraße 6, 31675 Bückeburg (hereafter called: Christian-Non-Profit-Consulting) and his customers. Conflicting General Terms and Conditions of the customers are hereby expressly rejected.
b) Contract Agreement
Contract language is German. As far as English-language texts are used, they are only used to simplify communication. The German text version shall always override questions regarding interpretation or linguistic variations.
c) Registration
To use the full content of this website, it is initially required to set up a customer account. Therefore, the necessary data is asked for, so Christian-Non-Profit-Consulting can perform the services. The data input are confirmed by clicking the “Registration” button and setting the checkmark to acknowledge the General Terms and Conditions. The customer will then receive a confirmation email with the required Log-In data. Only when the customer initially logs in with these data at Christian-Non-Profit-Consulting is the registration complete.
The password which allows the customer access to the personal area is to be treated with strict confidentiality, and is not to be forwarded to third parties under any circumstances. The customer shall take the suitable and appropriate precautions and measures to prevent that third parties have knowledge of their password. A customer account cannot be transferred to other user/customers or other third parties.
d) Close of Contract
Booking Christian-Non-Profit-Consulting’s service is only possible after successful registration and log-in. The customer must click the button “Purchase Now via PayPal” (German: “zahlungspflichtig per PayPal bestellen”/”legally-binding purchase order”), and confirm the acknowledgment of the General Terms and Conditions and the Cancellation Policy. Clicking the button closes the legally-binding contract between Christian-Non-Profit-Consulting and the customer. Next is a redirection to PayPal where the customer initiates payment. After successful payment, Christian-Non-Profit-Consulting sends a payment confirmation to the customer and grants the customer access to its platform. The obligation to pay is not applicable regarding free services. In this case, access is granted immediately after clicking the button.
e) Saving the contract’s text body
The contract’s text body shall be saved by Christian-Non-Profit-Consulting, and shall be sent to the customer in writing (i.e. email or regular mail) in addition to the present General Terms and Conditions, and Customer Information. The contract’s text body cannot, however, be accessed by the customer via the seller’s Internet website after having submitting their order. The customer may print the applicable website’s page showing the contract’s text body through the browser’s Print function.
§ 2 Description of Services
a) General
Christian-Non-Profit-Consulting offers their customers a platform on the one hand, where customers can offer their services. The providers are students, graduates, senior experts, businesses, specialists, and experts who want to support specifically non-commercial Christian organizations. On the other hand, the platform offers these specific non-commercial Christian organizations the opportunity to search for support via the platform. The providing customer can choose from five (5) contract models, as applicable:
For students and graduates
For universities
For senior experts
For businesses
For specialists and experts
Both the providing and the searching customer can choose between a contract term of three (3) months, six (6) months, and twelve (12) months. The corresponding fees can be gathered from Christian-Non-Profit-Consulting’s Internet presence. Christian-Non-Profit-Consulting does not assume liability for the services offered on the platform. Access to the platform only is owed to Christian-Non-Profit-Consulting.
b) Service Performance
Christian-Non-Profit-Consulting is entitled to have the contract or portions of the contract fulfilled by third parties.
c) Performance Delay of Services
Performance delays due to Acts of God/force majeure and based on extraordinary and not foreseeable events which can be prevented through the utmost diligence and care by Christian-Non-Profit-Consulting (this especially includes strikes, regulatory action or court order, and instances of incorrect or improper delivery of goods and services to the seller despite the appropriate covering transaction to that effect), are not to be imputed by Christian-Non-Profit-Consulting. They entitle Christian-Non-Profit-Consulting to postpone delivery by the time period of the hindering circumstance.
d) Cancellation of Contract
At non-availability, based on the above-mentioned reasons, Christian-Non-Profit-Consulting may cancel the contract. Christian-Non-Profit-Consulting commits to inform the customer without delay about the non-availability and shall reimburse any services already rendered in return.
e) Time of Service
If not otherwise expressly agreed to, Christian-Non-Profit-Consulting’s service performance starts directly upon receipt of payment.
f) Extension of Contract
With the end of this contract term, access authorization to Christian-Non-Profit-Consulting’s platform expires. However, the contract can be extended at any time using the customer profile. The contract does not extend automatically. The customer profile remains active for a period of three (3) months and can be re-activated at any time. After the three-month-period, the customer profile and all data connected to it through Christian-Non-Profit-Consulting will be irrevocably deleted.
g) Donations
Non-commercial organizations can start calls for donations and define their conditions using the Christian-Non-Profit-Consulting platform. Donations are hereby voluntary contributions without consideration to benefit a specific purpose. The Donation option can be added against a fee. Non-commercial organizations can enter their PayPal data after activation of the Donation option and therefore allow the donor direct payment towards the organization. Requests for Donations are visible for all visitors of the Christian-Non-Profit-Consulting website. Christian-Non-Profit-Consulting hereby only gives access to the platform to the customer and the donor, without becoming directly active itself, or being involved in the relationship of the parties. Payments from donors are accrued directly to the non-commercial organization.
h) Loans
Non-commercial organizations can furthermore start calls for loan donors through the Christian-Non-Profit-Consulting platform. The Loan option can be added against a fee. Requests for Loans are visible for all visitors of the Christian-Non-Profit-Consulting website. Christian-Non-Profit-Consulting hereby only gives access to the platform to the customer and the potential loan donor, without becoming directly active itself through mediating, or being involved in the contract relationship of the parties. Non-commercial organizations have to take care that the corresponding applicable legal regulations (e.g. Securities Law) are adhered to. The respective loan payments and repayments must be individually agreed upon and executed between the parties, without involving Christian-Non-Profit-Consulting in the process.
§ 3 Payment
a) Payment Terms
Payment is made via PayPal.
b) Pricing
All prices are final prices. Due to the small business status, we do not charge VAT.
c) Right of Retention
The enforcement of a right of retention is only available to the customer for such counterclaims which are due and based on the same legal relationship as the customer’s obligation.
§ 4 Cancellation for Customers with Distance Contracts
The consumer has the right to cancel distance contracts, which can be taken from the separate Cancellation Policy with sample cancellation form.
§ 5 Customer Responsibility
a) Content of Services Offered
The customers themselves are responsible exclusively for the content and accuracy of the transferred data and information available at the service offered by the customer through the Christian-Non-Profit-Consulting platform. Abusive offers are deactivated or cancelled by Christian-Non-Profit-Consulting without prior announcements. Such offers exist, for example, in the following instances:
- false and/or erroneous details,
- comments are misused solely for the purpose of advertising one’s own business,
- seekers are made aware of an offer through vague or even false details (this includes also incomplete details, false details).
The customer commits furthermore not to transfer offers, texts, pictures, or similar data, whose content infringe the rights of third parties (i. e. personality rights, naming rights, trademark rights, copyrights, etc.) or violate existing laws. The customer confirms to adhere to copyright laws and regulations upon data transfer to Christian-Non-Profit-Consulting’s platform.
b) Liability exemption disclaimer
The customer commits to keep Christian-Non-Profit-Consulting free from all third party claims for prosecution of such violations. This also includes the compensation of costs for necessary legal representation.
c) Data Storage
The customer also carries a responsibility regarding the storage of the transmitted information. Christian-Non-Profit-Consulting cannot be held responsible for the loss of the data transferred by the customer, since Christian-Non-Profit-Consulting does not assume a general data storage guarantee.
d) Mandatory Information
The customers making the offer have to ensure themselves that all legal laws about Provider Identification (so-called “Mandatory Legal Notice” [German: Impressumspflicht] are adhered to, and to fulfill all mandatory legal information of their offer as bound in law.
e) Scope of Rights
Upon entering the service on the online platform, the customer making the offer grants Christian-Non-Profit-Consulting the right to use this content as bound in law to fulfill the contract and to store in a database. Furthermore, Christian-Non-Profit-Consulting may use content by promotion/marketing means or in form of promotion/marketing means (on-line and off-line) for the online platform.
f) Extraordinary Cancellation
Should the customer making the offer repeatedly violate the rights mentioned in § 5 a), Christian-Non-Profit-Consulting reserves the right to an extraordinary cancellation. The customer’s access authorization expires immediately and the customer account, is deleted as all existing liabilities are fulfilled. A refund of the fees already paid will not take place. Claims for damages do remain unaffected.
§ 6 Liability
a) Liability exemption disclaimer
Christian-Non-Profit-Consulting, and its legal representatives and vicarious agents, shall only be liable for intent or gross negligence. As far as considerable contract duties (consequently such duties whose adherence are of necessary meaning for the attainment of contract purposes) are concerned, even slight negligence is covered. Liability is limited in this case to foreseeable, contract typical damages. Towards business owners, Christian-Non-Profit-Consulting shall only be liable in the case of a grossly negligent violation against insignificant contract duties only in the amount of the foreseeable, contract typical damage.
b) Retention of Liability
The aforementioned liability exemption disclaimer shall not concern liability for damage to loss of life, bodily injury or damage to the health of a person. Regulations of the German Product Liability Law shall also be untouched by the exclusion from liability.
§ 7 Final clause
a) Place of Jurisdiction
It is agreed that the exclusive place of jurisdiction for all litigation proceedings based on this contract shall be the registered office of Christian-Non-Profit-Consulting in Bückeburg, insofar as the customer is a merchant, legal entity under public law or special fund under public law, or insofar as the customer does not have a place of jurisdiction in the Federal Republic of Germany.
b) Governing Law
Unless mandatory legal provisions based on the customer’s right of domicile do not prevent it, it shall be agreed upon that German law shall valid excluding the UN Convention on the International Sale of Goods.
c) Severability Clause
Should individual terms of this contract become invalid or ineffective, it shall not infringe on the validity of the remaining General Terms and Conditions.
