(1) Experts logged in to the homify-portal can, for an additional fee, use the additional service of a premium membership (hereinafter also referred to as: the "Premium Membership"). In this respect, the contractual partner of the expert shall be the service provider of homify-portal, the Homify Online GmbH & Co. KG, Holländerstraße 34, 13407 Berlin, Germany (for more information regarding the service provider, see the legal notice (Imprint) on the website).
(2) In connection with the premium membership, the expert has the possibility of using different premium services of the service provider to market its own products and services. In this respect, primary and supplementary services of the service provider will be available to the expert in the form of service components. If an agreement for the premium membership is concluded, the expert will specify the primary and supplementary services it desires.
The service provider shall only provide the premium membership on the basis of these Additional Terms and Conditions (hereinafter referred to as the "ATC") as well as the "Terms and Conditions of Use for Experts", which also apply. The service provider shall not accept deviating conditions of the expert. This shall also apply if the service provider does not expressly object to involvement.
(1) In connection with the premium membership, the expert can generally choose from the primary services listed under 3 (2) as well as the additional services listed under 3 (3) in accordance with the provisions under 3 (4) and (5). Depending on the sales channel and/or marketing channel of the service provider as per 4 (1), the selection of the service components available to the expert may be restricted. The specifications of services in connection with the respective order also apply. In the event of a lack of clarity or contradictions, the specifications of services in connection with the order of the premium membership shall have precedence over these ATC.
In connection with the prioritised listing in the homify-app, the expert, in the event of a relevant search query by a user of the homify-app, will be listed with priority for the city booked and category, which the expert has booked
In connection with the prioritised listing via the homify-website, the expert, in the event of a relevant search query of the yellow pages on the homify-website, will be listed with priority for the city and category, which the expert has booked.
The expert shall gain access to the list of relevant project requests in order to come into contact with interested parties. Relevant project requests are those, which refer to the services/products allocated and offered by the expert in connection with his registration.
If data of the requesting user is made available to the expert in this context, this data may only be used to answer the respective project requests by the expert. The same applies if the expert is otherwise given the possibility of contacting interested parties (e.g. via a contact form). Furthermore, the expert is obligated to comply with data-protection regulations.
In connection with the project requests, the service provider shall only grant the expert the possibility of contacting interested users via the project requests. The service provider shall not ensure (and cannot be held liable to this extent) that the expert is able to generate business for himself in connection with these project requests or is able to use them to conclude a contract with interested users. If a corresponding contract is concluded between the expert and interested users, which the expert has acquired via corresponding project requests, contractual relationships shall only be established between the customer and the respective user. To this extent, the service provider shall neither be the contractual partner nor be involved in such contracts.
In connection with this additional service, the service provider shall prepare and deliver content for the expert in the form of text articles for the description and/or presentation of projects of the expert in connection with the homify-portal (hereinafter also referred to as: the "Project Content"). The respective quantity of articles (Project Content) booked by the expert is included per contractual year of the premium membership. These articles are then published by the service provider following coordination with the expert. Furthermore, the Additional Terms and Conditions for Booking Editorial Articles also apply.
The expert shall have access to telephone support (on the basis of premium support) from the service provider in accordance with the description of services accompanying the order of the premium membership.
In order to support its marketing activities within the framework of the homify-portal, the expert is provided with a so-called personal account manager according to the service description as part of the order of the premium membership.
(4) Depending on the sales and/or marketing channel of the service provider as per 4 (1), the expert can put together his service package from the primary and supplementary service components when he purchases the premium membership. In the process, the expert must select at least one primary service component. He can supplement it with other primary and/or additional service components of his choice. The service package put together by the expert in this way shall constitute the contractual service for the duration of the premium membership (hereinafter referred to as: the "Contractual Service Package").
(1) The expert may conclude the premium membership in writing both on the homify-portal, via a separate ordering app as well as by using a corresponding order form.
(2) The offer to book the premium membership shall constitute in each instance a binding offer of the service provider to conclude the Agreement for the Premium Membership. The corresponding Agreement for the Premium Membership shall be established with the respective acceptance of the offer by the expert. If the premium membership is purchased via the homify-portal, the Agreement shall be concluded upon clicking the button "Purchase premium now". If the premium membership is purchased through the mobile ordering apps (Monsum and Payrexx), the Agreement shall be concluded by clicking the button "Purchase product now" (Monsum) or "Purchase now" (Payrexx). The expert shall be sent confirmation by e-mail directly after the order has been sent.
If a written agreement is concluded for the premium membership, the agreement shall be concluded by signing the order form by the expert (= acceptance of the offer by the expert).
(3) The available language for the conclusion of the Agreement via the homify-portal and the ordering app is German.
(4) The contractual text will not be saved by the service provider after the Agreement is concluded (neither for the conclusion of the contract via the homify-portal nor for the conclusion of the contract via the ordering app); as a result, it will no longer be available there.
(1) The monthly fees for the premium membership depend on the type and quantity of the service components booked by the user as well as the term of the premium membership (sec. 6) selected by the user. Corresponding details can be obtained from the information provided in connection with the order transaction.
(2) The payment methods available must also be obtained from the corresponding information provided in connection with the ordering process.
(3) The expert is to pay the monthly fees for the respective month to be settled in advance until no later than the third work day of the month to be settled and will be collected by the service provider from the expert based on the payment method selected the expert has selected
(1) When purchasing the premium membership, the expert can select one of the following minimum contractual terms: 12, 24 or 36 months.
(2) If the expert does not give notice of termination of the Agreement for the Premium Membership no later than three months before the end of the respective contractual term such that the Agreement terminates at the end of the contractual term, the premium membership shall be extended by the contractual term as per 6 (1), which was originally selected. Furthermore, ordinary termination shall be ruled out. The right of both parties to extraordinary termination shall remain unaffected.
(3) All notices of termination must be made in writing.
(1) In the event of an intentional and grossly negligent breach of duty, the service provider shall be liable – regardless of the legal grounds – in accordance with statutory provisions.
(2) In the event of simple negligence, the service provider shall only be liable for damages arising out of a breach of a material contractual duty. Material duties are duties whose fulfilment enables proper implementation of the Agreement and on which the expert regularly relies and may relay. If a material contractual duty is breached, the obligation to pay damages shall be limited to foreseeable damages typical of such contracts at the time the Agreement is concluded.
(3) The limitation of liability as per 10 (2) shall not apply if this concerns damage resulting out of injury to life, limb or health as well as claims in accordance with the German Product Liability Act or, if a defect is fraudulently concealed or a guarantee of quality has been assumed.
(4) The above exclusions and limitations of liability shall apply to the same extent in favour of the organs, legal representatives, employees and other vicarious agents of the service provider.
(1) These ATC and the entire legal relationship between the provider and the user shall only be subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
(2) If the Expert is a business man and is based in Germany at the time of the purchase, the exclusive legal venue shall be Berlin where the headquarters of the service provider are located. Furthermore, the legal provisions with respect to local and international jurisdiction apply
(3) If individual clauses of this Agreement, in particular the ATC, are or become invalid in full or in part, this shall not affect the validity of the remaining provisions of the Agreement and/or the ATC.