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General Conditions of Contract

The present conditions of contract are composed of fourteen articles. By clicking on the following links, you can directly jump to any of these articles. Underlined words and expressions in the present agreement and on our website link to further information on the respective topic.

1. Scope
2. Subject-matter of the contract
3. Contractual partner
4. Offer by the customer and acceptance by the provider (formation of contract)
5. Prices, Value-added tax
6. Offsetting, Retention
7. Terms of payment
8. Fourteen-day right of withdrawal for private customers
9. Copyright and rights of use
10. Provisioning and delivery time
11. Warranty and liability
12. Data protection
13. Special provision for entrepreneurs
14. Closing provisions

1. Scope
These general terms of contract are in effect for all business relations originating between the provider Dibomedia GmbH, proprietor Dr. Dirk Bockelmann (hereinafter the Provider) and his customers by means of the online sales procedure of the website www.lodgit.com. Without written express approval by the provider, the general terms and conditions of business do not come into effect.

2. Subject-matter of the contract
The Provider enables a limited-time software licensing contract with the customer, the details of which are specified in Annex 1, the licensing agreement, in which the customer is allowed for a definite period of time to download the Lodgit Desk application with the goal of managing accommodations and guests and for which a user fee is paid. Should the customer require any additional online services (e.g. internet access, website hosting, email services, domain registration), further service contracts can be negotiated.
For the time period of the license agreement, the Provider supplies the customer with a copy of the selected application software (incl. documentation), which is to be installed on one of the customers computer systems, along with the license key necessary for the use of the software. If the customers wishes to take advantage of the opportunity of receiving online bookings via the internet, the Provider then supplies the customer with a booking system on the Provider's host computer along with the application software (online booking system), which in turn can be linked to from the customer's website or even integrated in a separate frame or iframe. In case of use of the online booking system, the Provider concludes an additional agreement of use with the licensee.

3. Contractual partner
The customer's contractual partner is the company Dibomedia GmbH, proprietor Dr. Dirk Bockelmann, Industriestr. 85-95, 04229 Leipzig, Germany.
Further Provider information: sales tax ID number DE180664615, telephone +49 341 420 6944, fax +49 341 4783 9020, email info@lodgit.com, managing director Dr. Dirk Bockelmann, German Commercial Register: Amtsgericht Leipzig HRB 30141. There are no agencies in other member countries of the EU or elsewhere in the world.

4. Offer by the customer and acceptance by the Provider (formation of contract)
The customer's submission of an order represents a binding offer to the Provider and with a specific period of validity. The reception and content of the order are notified to the Provider's customer by email.
The acceptance of the customer's offer takes place after the Provider has received the user fee (to be paid in advance) at which point the Provider makes the services and/or license key for the use of the application software available to the customer. The customer is bound by her/his offer for a period of five business days.
The Provider can rescind the contract if the services or the application software ordered by the customer are unavailable. In such a case, the customer is informed forthwith and fees that have already been paid are reimbursed.

5. Prices, Value-added tax
For the use of the application software or, as the case may be, of the online services as made available by the Provider, a time-dependant usage charge is to be paid in advance. Other charges, such as one-time handling charges, charges depending on the actual use of the software or commissions may be applicable for the use of the online interface on the Provider's host computer together with the application software. Commission charges depend on the actual use and are agreed upon by the Provider and the customer in a separate commission agreement.
For customers within the European Union, the prices are calculated including the statutory German value-added tax. If the customer possesses a European VAT ID number and provides it to the Provider during the online sale process, no VAT will be calculated. For customers outside the European Union, the prices are given without VAT.

6. Offsetting, Retention
The customer may only offset with legally valid and proven or undisputed counter-claims. The customer may only invoke the right to retention to the measure in which her/his counter-claim reposes on the same contractual relationship.

7. Terms of payment
Dibomedia provides the international customer with the choice of paying by PayPal (credit card, e-cheque, among others) and Moneybookers (credit card, instant transfer, Giropay, among others). Customers from Germany and countries from the European Union may additionally pay by bank transfer or European bank transfer. Within Germany, the possibility of using a crossed cheque is also given, as well as payment per direct debit. For orders with advance payment (bank transfer, direct debit, PayPal, Moneybookers and crossed cheque) for which no payment has been received after 14 days of effectuating the order, Dibomedia reserves the right to cancel the order. The same conditions are in effect for back-posted debits (lack of funds, unsubstantiated objection), whereby Dibomedia will charge an additional administration fee of €7.00 along with the bank fees incurred by Dibomedia.
For the amount of a bank transfer to be received by Dibomedia, one to three business days are normally required within Germany, whereas a maximum of seven days are to be counted for European transfers. As per the information supplied by Paypal, payment using a PayPal e-cheque will be registered as payment upon factually receiving the e-cheque payment by PayPal and will subsequently credit the amount to Dibomedia's PayPal account.

8. Fourteen-day right of withdrawal for private customers
The conditions of the entire article 8 (as such including paragraphs 8.1 and 8.2) are to be used exclusively for contractual relationships in which the customer is recognized as a consumer as per Article 13 of the German Civil Code (BGB), hence a natural person, who concludes the legal transaction with a goal that can neither be ascribed to her/his commercial or freelance vocational activity.

---- Withdrawal instruction ----

8.1 Right of withdrawal
The customer may withdraw from her/his contractual agreement in written form (e.g. mail, e-mail, fax) or by returning the object. The term begins with the receipt of the present information at the earliest. For the observance of the withdrawal deadline, the timely transmission of the notification of withdrawal or of the object suffice. The withdrawal is to be directed at: Dibomedia GmbH, prop. Dr. Dirk Bockelmann, Industriestr. 85-95, 04229 Leipzig, Germany, e-mail: info@lodgit.com, fax.: +49 341 4783 9020.

8.2 Important remarks
The customer's right of withdrawal can be prematurely declared void, if her/his contractual partner has already begun providing the service with the customer's explicit consent before the withdrawal deadline or if the customer has initiated the service herself/himself (e.g. by downloading the software).

--- End of withdrawal instruction ---

9. Copyright and rights of use
For the ceded software and the appendant user documentation, the user is granted a simple, non-exclusive and non-transferrable right of use for the duration of the contractual agreement (duration of use).
The software and user documentation are protected by copyright laws.
Further information relevant to the scope of the rights of use are contained within the licensing agreement.

10. Provisioning and delivery time
Access to downloadable versions and the use of server services are usually granted within a few minutes of receipt of the entire due payment of the corresponding order. In exceptional cases, such as customer data refused by the system, the access can be delayed by up to forty-eight hours.

11. Warranty and liability
The licensor vouches for general fulfillment of the licensed product's main functions as well as for its corresponding with the accepted rules of technology and furthermore, that isn't compromised by errors which could nullify or lessen its value or suitability for ordinary use.
The guarantee of condition is only valid if supplied in written form. In the case of minimal discrepancy from the condition agreed upon or in the case of minimal limitation of usability, there can be no grounds for a claim for defects.
Faults notified to the Provider are to be rectified by him. In the absence of a divergent agreement, the rectification of the notified faults is carried out by means of an update, after which the former version is to be destroyed by the customer.
Should the Provider be unable to rectify the faults notified by the customer, the customer is entitled to reduce the remuneration of the services within reasonable limits or to rescind the contract. The value of uses carried out in the meantime is to be deduced from the amount of the refund in case of withdrawal from the contract.
Further information concerning the guarantee and liability in case of material defect or defect of title is contained within the licensing agreement.

12. Data protection
The Provider processes the customer's data within the framework provided by the legal regulations. No data is forwarded to third parties unless dictated by legal duty or otherwise required for the fulfillment of an explicit agreement with the customer. The customer's e-mail address will only be used within the framework of order processing, important notifications regarding previous orders, responding to inquiries as well as services explicitly ordered and desired by the customer (e.g. support forum, license key emails, password emails, customer area, etc.). The Provider stores the customer's data relevant to orders, makes it available to the customer in her/his personal account and sends it back by email upon processing orders. Data pertaining directly to the customer's credit card may be stored by the payment processor (such as PayPal) selected by the customer, but not by the Provider's computer systems. For the use of many services from the website, the placement of cookies or the use of a session ID as part of the URL is required. Cookies and session IDs are used strictly for the Provider's website's services and not in order to analyze or observe user behavior. The customer may prevent the placement of cookies from within her/his browser and remove existing cookies at any time. For questions pertaining to the collection, processing or usage of data specific to the individual, for information, revision, blocking or deleting of data as well as the cancellation of the assent given for data use, the customer should address the Provider at the following coordinates: Dibomedia GmbH, prop. Dr. Dirk Bockelmann, Industriestr. 85-95, 04229 Leipzig, Germany, e-mail info@lodgit.com.

13. Special provision for entrepreneurs
For contracts with entrepreneurs, fully-qualified traders, customers without general domestic legal domicile as well as juristic person in public law and fund assets regulated by public law, the legal domicile for all litigations arising from the present contract, including action on a bill or cheque, is Leipzig (Germany) the sole stipulated legal domicile. The Provider may however also choose the customer's general legal domicile.

14. Closing provisions
The nullity of one or more provisions contained within the present contract does not affect the validity of the remaining clauses. The pertinent legal prescriptions then take the place of the inoperative conditions.
German Law has exclusive validity with exception of the regulation stipulated by UN purchase law (United Nations Convention on Contracts for the International Sale of Goods, "CISG").

Effective as of 01/16/2012