General Terms and Conditions for Private and Business Customers and Cancellation Policy for Private Customers.
General Terms and Conditions
Here we give you an overview of our General Terms and Conditions. You will find the complete GTC below the brief overview. Only the complete GTC become part of the contract and are legally binding.
1. Scope of application
Our GTC apply to you as both a private and business customer as soon as you register with us.
We explain important terms relating to CAYA so that you can better understand our T&Cs.
3. Conclusion of contract
When you register with us or book a CAYA plan, you are making us an offer to conclude a contract, which we can accept.
4. Scope of services
We distinguish between free use (Free Account) and paid use (CAYA Plan). The exact scope of our services is determined by the CAYA plan you have chosen. You can find an overview of services at www.getcaya.com. In the case of a forwarding order, we can only digitise your letters when the postal service provider starts delivering your letters to us. We usually digitise your items within 24 hours from Monday to Friday. Additional charges apply for the forwarding of letter items, insofar as forwarding is not included in the selected tariff.
5. Availability of the service
Despite the greatest care and diligence, technical impairments of our service may occur.
6. Prices, payment, invoicing
A price overview can be found at www.getcaya.com. You can only pay for your CAYA plan using the payment methods we offer. We will deposit your invoice digitally for you in your CAYA account.
7. Powers of attorney, postal secrecy, legal effects of deliveries
In order for us to be able to offer you our services, we require powers of attorney from you. By agreeing to the General Terms and Conditions, you give us permission to place a forwarding order for you and to receive and open your letters. Please note that deadlines may start to run for you as soon as we have received the letters on your behalf. Therefore, please check your CAYA account regularly.
8. Obligations of customers, rights of third parties
You allow us to digitise and analyse your mailings. You guarantee that we will not infringe any third party rights.
9. Warranty, statute of limitations
For private customers, the statutory provisions apply. In the case of business customers, we may decide whether to rectify a defect or supply a replacement before a reduction in price is possible. Claims must be made by business customers within one year.
We are generally liable for damages if we have significantly breached our duty of care. If we breach a central obligation of the contract, we are also liable, but limited to the foreseeable damage.
11. Term, Termination
You can decide whether your CAYA plan runs for one month or one year. You can cancel your CAYA plan up to 14 days before the end of the term. Otherwise, your CAYA plan will automatically renew for the previous term. You can cancel by email or post.
12. Data protection
We can only offer you our services if we also process your personal data. In doing so, we adhere to the requirements of data protection law. You can find more information at www.getcaya.com/datenschutz/. Business customers can conclude a contract with us for data protection-related order processing.
13. Changes to the GTC
We will inform you of any changes to the GTC.
14. Final provisions
Only German law applies. In the event of disputes with business customers, the courts of Berlin shall have jurisdiction. Private customers can use the dispute resolution platform of the EU http://ec.europa.eu/consumers/odr/.
Cancellation policy As a private customer, you can cancel your CAYA plan. We will inform you of this right and provide you with a sample cancellation form.
1. Scope of application
1.1 The following General Terms and Conditions govern the legal relationships of AMN Data Solutions GmbH, Oranienburger Straße 69, 10117 Berlin, (hereinafter "CAYA", "we" or "us") for the use of the CAYA platform within the meaning of clause 2.2 in the legal relationship with private and business customers (together: customers). This also includes the granting of powers of attorney and the partial release from postal secrecy (clause 7). At the end of this text, we instruct private customers about the right of withdrawal to which they are entitled in accordance with the statutory provisions. Business customers are not granted a voluntary right of withdrawal.
1.2 Terms and conditions of customers do not apply, even if CAYA does not separately object to their validity in individual cases. Even if CAYA refers to a letter that contains or refers to the customer's terms and conditions, this does not mean that CAYA agrees to the validity of those terms and conditions.
2.1 "Private customer" means exclusively consumers in the sense of § 13 BGB. "Business customer" means exclusively entrepreneurs in the sense of § 14 BGB.
2.2 "CAYA Platform" means the CAYA digital services available via the web app at www.usecaya.com and via the CAYA iOS or Android app.
2.3 "CAYA Plan" means our services offered via the CAYA Platform, including but not limited to the receipt, opening and archiving of Mail Items and Documents, the setting up of a CAYA Postbox address, the digitisation and content analysis of Mail Items or Documents and the communication of a brief information about the content of the Mail Item by email or push function.
2.4 "Free Account" means the ability to use the CAYA Platform free of charge without a CAYA Plan.
2.5 "CAYA Postbox Address" means your personal postal address with us. It includes your name and your individual CAYA Postbox number and our address.
2.6 "Letter Mail" means the contents of a letter.
2.7 "Document" means a document that a customer sends to us for digitisation at their CAYA Postbox address.
2.8 "Digitisation" means the scanning of Letter Mail or Documents, the saving of the scan in a common format (e.g. pdf format) as a file that is readable by computers and the posting of the file on the CAYA Platform.
2.9 "Analysis" means the text recognition and content analysis of mail items and documents in order to be able to notify you of which items you have received and to be able to offer you additional services.
3. Conclusion of the contract
3.1 The contract for the use of the CAYA platform between a customer and us is concluded with the successful completion of the registration process. The customer then has a free account.
3.2 The contract for the use of a CAYA plan is concluded when the order placed by the customer (for example on the CAYA platform) has been accepted by us by e-mail or by the provision of a CAYA plan. We are free to accept your offer of a contract, but there is no obligation to do so.
3.3 By submitting the offer, the customer warrants that he/she is of legal age and -- if he/she wishes to enter into the contract on behalf of a company -- that he/she is authorised to do so.
3.4 The customer is obliged to truthfully state whether he is a private or business customer within the meaning of section 2.1. We are entitled to verify this information. The customer undertakes to prove his status as a business customer upon our request, for example by submitting a trade licence.
4. Scope of services
4.1 The subject of the contract is the CAYA plan selected by the customer. Certain letter mail items or documents are not covered by the CAYA plans. The exact scope can be found in the service overview, which is available for private and business customers at www.getcaya.com. We are also not obligated to provide service if a postal service provider refuses to deliver to us. Letter mail or documents that violate legal or official prohibitions are excluded from digitisation.
4.2 You can use the functions of the CAYA platform and the CAYA plan immediately after the conclusion of the contract. However, we can only start digitising letter mail items that we receive on the basis of a forwarding order when the postal service provider (e.g. Deutsche Post AG) starts forwarding the letter mail items addressed to the customer to us. This may take several days.
4.3 The digitisation of letters or documents will only take place on working days and within approximately 24 hours of receipt of a letter or document by us. Working days are the days from Monday to Friday, unless they are public holidays in Berlin.
4.4 If letter mail items or documents are not suitable for the digitisation process, we are entitled to refuse digitisation for this letter mail item or document and the associated order, as such letter mail items and documents are not covered by the scope of services. We will then refuse acceptance. 4.5 We are not obliged to check whether a Mail Item contains particularly valuable items. We will handle valuable items with the same care and security as your normal items and are not obliged to keep them in specially secured storage.
4.5 We reserve the right to subcontract in whole or in part any or all of the services required to be performed by us under this Agreement.
4.6 We will send letters or documents that are to be forwarded to customers in physical form after digitisation as insured parcels. The dispatch takes place - if included in the tariff - in a defined cycle depending on the selected tariff. It is possible at any time to order a forwarding service from us against payment of the applicable price, which customers can find in the price overview at www.getcaya.com.
5. Availability of the service
5.1 The customer is aware that according to the current state of technology, despite the greatest care and diligence, program errors and system-immanent malfunctions cannot be ruled out with certainty. In particular, maintenance, security or capacity issues as well as events beyond our control (such as disruptions of public communication networks, power failures, force majeure, etc.) may lead to a loss of use. It is also not possible to use software or services that detect every existing malware (virus, malware, etc.). Therefore, even with a properly running system, no 100% availability of the service can be guaranteed. The hardware, software and technical infrastructure used by the customer may also have an influence on our services. Insofar as such circumstances have an influence on the availability or functionality of the service provided by us, this shall have no effect on the contractual conformity of the services provided. In the event of a loss of use - for whatever reason - the customer shall not be entitled to claim damages or reimbursement of expenses.
5.2 We will endeavour to keep the CAYA platform accessible 24 hours a day and at least 95% of the time on an annual average, but we do not guarantee this. There is no claim to constant availability, reliability, functionality or suitability of the CAYA platform for the purposes of the user.
6. Prices, Payment, Invoicing
6.1 The prices result from the price overview, which can be called up for private and business customers at www.getcaya.com. The prices are payable in Euro. They are payable in euros. Prices for private customers include the statutory value added tax of currently 19%. Prices for business customers are quoted plus the statutory value added tax of currently 19%.
6.2 The payment for a CAYA plan or an additional service is due immediately. The timeliness of payment is determined by the time at which the amount is credited to our account.
6.3 Invoices will only be provided by us electronically.
6.4 Payment may only be made by the methods of payment offered by us.
6.5 If a customer is in default with his payments, we shall be entitled to suspend the fulfilment of our performance obligations until the customer has met his payment obligations in full.
7. Powers of Attorney, Postal Secrecy, Legal Effects of Deliveries
7.1 The customer authorises CAYA to order forwarding orders from one or more postal service providers (e.g. Deutsche Post AG) to the extent necessary. This also includes follow-up orders.
7.2 The customer authorises CAYA to receive letters on his behalf. In the case of letter items with additional services, for example registered mail (advice of receipt, hand-delivered, postage prepaid, hand-delivered with advice of receipt), CAYA is authorised to confirm the delivery at that time on behalf of the client as the authorised recipient.
7.3 The client releases CAYA from maintaining postal secrecy to the extent necessary to provide our services.
7.4 Acceptance of mail by us may trigger time limits for customers. It is the responsibility of customers to check their account on the CAYA platform as regularly as they check their letterbox.
8. Obligations of the customers, rights of third parties
8.1 Customers are obliged to inform us immediately of any changes to their personal or company details, in particular names, legal forms, addresses, contact details, payment details.
8.2 The customers grant us the rights of use and reproduction necessary for the fulfilment of our contractual obligations with regard to the letter mail items.
8.3 The customers guarantee that we do not infringe any third-party rights in the provision of our services. If a claim is made against us for infringement of third party rights, the customer undertakes to indemnify us against any liability and any costs, including the costs of legal proceedings. The customer shall immediately provide us with all information available to him regarding the facts that are the subject of the claim in full. Any further claims for damages shall remain unaffected.
9. Warranty, Statute of Limitations
9.1 For private customers, the statutory warranty and limitation provisions shall apply.
9.2 In the case of business customers, in the event of defective performance by us, we shall have the right, at our own discretion, either to rectify the defect or to supply a replacement. Only in the event of a failed repair may a business customer withdraw from the contract or reduce the remuneration to a reasonable extent.
9.3 Claims by business customers due to defects in the provision of services by us shall become statute-barred after one year from acceptance of the digitised letter mail item or the digitised document.
10.1 We are liable for damages in the case of intent or gross negligence based on a breach of duty by CAYA, a representative or vicarious agent, as well as in the case of culpably caused injury to life, body or health in accordance with the statutory provisions. Apart from that, we are only liable according to the product liability law, due to the culpable breach of essential contractual obligations (cardinal obligations) or insofar as CAYA has fraudulently concealed a defect or has assumed a guarantee for the condition. However, the claim for damages for the culpable breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless another of the cases listed in sentence 1 or sentence 2 is given at the same time. Insofar as CAYA's liability is excluded or limited, this also applies to the personal liability of CAYA's shareholders, employees, representatives and vicarious agents.
10.2 We make no warranties or representations as to the availability, reliability, functionality or suitability of the CAYA platform for the client's purposes.
11. Term, Termination
11.1 The term of the contract for a CAYA plan is -- depending on the customer's choice -- one month or one year.
11.2 Contracts with a monthly term are automatically extended by a further month unless one party terminates this contract with 14 days' notice to the end of the current term. Contracts with an annual term shall be automatically extended by a further year unless one party terminates this contract with 14 days' notice to the end of the current term.
11.3 Termination for good cause remains unaffected.
11.4 The termination must be made at least in text form (e.g. by e-mail). If we offer a termination option via the CAYA platform, this is of course sufficient.
11.5 In the event of termination of the contract for a CAYA plan, we will retain the customer's correspondence and documents free of charge until the expiry of the contract and then destroy them at our expense in accordance with data protection law, unless we receive an order to the contrary in accordance with clause 11.6.
11.6 The customer can inform us until the expiry of the contract whether we should destroy the letter mail and documents in accordance with data protection or return them to him. For return shipments, the costs shall be incurred in accordance with the price list at www.getcaya.com/tarife-geschaeftskunden/ or www.getcaya.com/tarife-privatkunden/.
11.7 In the event of termination of the contract for a CAYA plan, the free account remains in force. The customer will then continue to have access to his digitised mail items and documents deposited on the CAYA platform and can download them. The customer can terminate their Free Account at any time. We are then no longer obliged to keep the digitised letter mail items or documents available for retrieval. We therefore recommend that the digitised correspondence and documents are stored outside the CAYA platform prior to termination. 11.8 The termination of the Free Account by the customer is possible at any time without notice. In case of termination by us, the notice period is 30 days. Clauses 11.3 and 11.4 apply accordingly.
12. Data Protection
12.1 Personal data of the customers are collected and processed for the execution of the contract and are not passed on to third parties without the express consent of the customer. Further information on data protection can be found in the separate data protection statement, which is available at www.getcaya.com/datenschutz.
12.2 Business customers can conclude an order processing contract with us.
12.3 We will delete your personal data in accordance with the provisions of data protection law.
13. Changes to the terms and conditions
If the CAYA platform is further developed, features are added or removed, or if legal requirements make it necessary, this may also lead to changes to these T&Cs. We therefore reserve the right to update these T&Cs at any time in compliance with applicable laws. The changes become effective with the customer's consent.
14. Final provisions
14.1 We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so. However, the European Commission makes it possible to settle consumer disputes regarding purchase and service contracts concluded on the Internet out of court. The link to the EU's online dispute resolution platform is http://ec.europa.eu/consumers/odr/.
14.2 Only undisputed or legally established counterclaims may be offset against CAYA's claims or a right of retention may be asserted.
14.3 Customers may only transfer the rights and obligations arising from the contract agreed between the customer and us to third parties with our prior consent.
14.4 All legal relationships between the customers and us shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
14.5 If the business customer 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 this contract is CAYA's place of business.
15. CANCELLATION POLICY
15.1 Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of revocation, you must send us:
AMN Data Solutions GmbH
Oranienburger Street 69
030 200 042 025
By means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
15.2 Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.
15.3 Model withdrawal form
(If you wish to cancel the contract, please complete and return this form).
AMN Data Solutions GmbH
Oranienburger Street 69
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if notice is given on paper):
Date: (*) Delete where inapplicable.
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