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GTC

The following terms and conditions have been translated as a service. The original version can be viewed in German on this page. In case of doubt, the German version shall be the legal basis.

General Terms and Conditions of Use (GTC) for the use of the platform www.pagisto.com


§ 1 General regulations

  1. Pagisto GmbH, acting through its managing director Kevin Cocco, business address Eichenhohl 3, 58644 Iserlohn, Germany (hereinafter referred to as the platform operator), offers merchants within the meaning of the German Commercial Code (Handelsgesetzbuch), entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under private and public law and consumers within the meaning of § 13 of the German Civil Code (BGB) (hereinafter referred to as the users) the opportunity to use the services offered on the Internet platform  (hereinafter referred to as the platform) within the framework of a service contract. S.d. § 13 BGB (hereinafter referred to as User) the opportunity to use the services / software products (hereinafter referred to as Projects/Products) offered on the Internet platform www.pagisto.com (hereinafter referred to as Platform) on a permanent basis in accordance with the provisions of these Terms of Use.
  2. These Terms of Use conclusively contain the terms and conditions applicable between the platform operator and the user for the services offered by the platform operator within the scope of this service contract. Any provisions deviating from these Terms of Use shall only apply if confirmed in writing by the platform operator. With the admission according to § 3 the User accepts these Terms of Use as authoritative.
  3. The platform operator shall notify the user of any changes to these terms of use in writing or by e-mail. If the User does not object to such amendments within six weeks after receipt of the notification, the amendments shall be deemed agreed. If the User is a consumer within the meaning of Section 13 of the German Civil Code (BGB), the amendments to the Terms of Use shall only become effective if the User expressly consents thereto. In the absence of consent, the platform operator has the option to terminate the contractual relationship. The User shall be informed separately of the right to object and the legal consequences of silence or the right to consent and the consequences in the absence of consent in the event of an amendment to the Terms of Use.

§ 2 Services of the platform operator

  1. The website www.pagisto.com is a platform for the user groups mentioned under § 1. The platform has a messaging system to facilitate communication between the platform operator and the user. By concluding the contract with the platform operator, the user agrees to the sending of e-mails for information about this contract. The consent to advertising e-mails is not covered by this and must be given separately by the User.
  2. As far as necessary and possible, the products are constantly updated. During the term of the contract, the User shall be entitled to obtain these updates at no additional cost.
  3. After expiration of the contract period, the User may no longer publicly use the projects provided by the Platform Operator. The Platform Operator is entitled to deactivate the User's access to the platform and/or the projects after expiration of the contractual period and observance of a reasonable grace period.
  4. The User is obligated to inform the Platform Operator immediately via the specified communication channels if, due to the special features of the platform operated by the Platform Provider, there are deviations from the GTC and notices offered here or if a higher damage is possible in an individual case, in particular for one of the projects offered.
  5. The offer refers to the pure use of projects for the duration of the service contract. The user does not receive any content, content maintenance, download rights or source files.
    1. Excepted from this regulation are deinstallation services within the framework of Pagisto Docs, here the user receives content, content maintenance to ensure the timeliness of the document at hand.
    2. The services or offers of the platform operator consist, depending on the service agreed between the parties, among other things, in:
    3. Provision of the usage options of the marketplace after admission of the user according to § 3;
    4. Provision of various projects (see Pagisto Products) as far as technically possible;
    5. Provision of information and communication possibilities, as far as offered;
    6. consulting and support services for the Users after separate agreement with the Platform Operator.

§ 3 Admission and access to the platform

  1. The prerequisite for the use of the platform is admission by the platform operator. The platform is available to the user groups named in § 1. There is no entitlement to admission or use of the marketplace.
  2. Admission and verification for the use of the platform can only take place via pre-registration:
    1. Pre-registration: In this process, the User deposits his/her e-mail address and password (known only to the User) in a dialog box provided for this purpose at https://my.pagisto.com. Afterwards, the user can, if necessary, adjust his profile. The verification required for the use of the platform can only be achieved by the User by linking his Pagisto account with his existing PayPal or PayPal Plus accounts.
  3. The costs incurred in each case are billed in advance via the payment methods offered by the platform operator and are due immediately after invoicing without deduction, but including VAT, at the applicable tax rate. The User agrees to the storage of the billing data for evidentiary purposes and/or within the scope of the statutory retention obligations.
  4. The User warrants that the information provided by him, in particular within the scope of his application for admission pursuant to para. 2, to the Platform Operator and other Users is true and complete. He undertakes to notify the platform operator immediately of any future changes to the information provided. The same applies to all information provided by the User when setting up employee logins.
  5. The platform operator is entitled to withdraw the admission of a user or to block the access to the platform if there is sufficient suspicion that the user has violated these terms of use. The user can avert these measures if he eliminates the suspicion by presenting suitable evidence at his own expense.
  6. All logins are individualized and may only be used by the respective authorized user. The user is obliged to keep the login and password secret and to protect them from unauthorized access by third parties. The user is also responsible for keeping employee logins secret and will instruct his employees accordingly. In case of suspicion of misuse by a third party, the User shall inform the Platform Operator thereof without delay. As soon as the platform operator becomes aware of the unauthorized use, the platform operator will block the access of the unauthorized user. The platform operator reserves the right to change the login and password of a user; in such a case the platform operator will inform the user immediately.

§ 4 Use and pause of product/project

  1. After registration (see § 3 para. 1), the User may use products from the platform provider within the scope of these Terms of Use.
  2. Use of product/project
    1. The registration/log-in takes place at https://my.pagisto.com;
    2. Select the appropriate project under "My Products" (e.g. Pagisto Event)
    3. Set the name of the product "Project
    4. Now buy the product "even if it would cost 0,00 € depending on the product";
    5. With each purchase, an invoice is created and stored in the respective user account;
    6. After a purchase, the user can fill his new project with data and use it for the duration of the contract.
  3. Temporary suspension:
    1. The delay of the User with the payment obligation according to § 5 paragraph 1 by more than one calendar month, starting from the billed month, automatically leads to a temporary blocking and deactivation of all projects. The blocked projects can only be reactivated manually by the User after payment via the payment method prescribed by the Platform Operator. Until the temporary blocking, the user will receive a total of 3 notices about the due invoice by e-mail. Additional notices of due invoices are also clearly and unambiguously recognizable in the user profile.

§ 5 Costs

  1. The use of the platform operator's projects is generally subject to a fee. The current costs can be taken from the corresponding product page www.pagisto.com and may differ as follows:
    - monthly costs for the use
    - annual costs for usage
    - one-time costs for services (in case of orders)
    - monthly costs for services (e.g. payment processing/booking fee)
  2. The costs for product purchases by the user from the platform provider are paid directly via the user's PayPal account upon selection and purchase. An exception applies to products within Pagisto Docs and the Pagisto BNI Dashboard, see § 10 para. 5.
  3.  Special Features Pagisto Event:
    1. Booking Fees: Each ticket booking generates so-called booking fees, which are charged to the User at the end of the month. The current costs can be taken from the corresponding product page www.pagisto.com/!/en-us/products/event.
    2. Payment processing fees: Each ticket booking may generate payment processing fees in addition to booking fees.
      - internal: Invoice/cash register: No payment processing fees
      - external: "External" service providers such as PayPal, PayPal Plus and Sofortüberweisung, are integrated by the user on his own responsibility and at his own expense, into the projects he purchases. This use causes additional costs for the third party providers. The fees can be viewed on the websites and the terms of use of the external service providers and are not part of this contract of the user with the platform provider. All incoming payments, including those through the aforementioned third-party service providers, will go directly to the User's accounts.
      - PagistoPay: The user transfers the payment processing to the platform provider. This generates a flat-rate payment processing fee (to be viewed at www.pagisto.com).

§ 6 Liability of the platform operator

  1. The platform operator shall be liable without limitation for intent and gross negligence, but for slight negligence only in the event of a breach of material contractual obligations. Liability in the event of a breach of such a material contractual obligation shall be limited to the damage typical for the contract, the occurrence of which the platform operator had to expect at the time of conclusion of the contract based on the circumstances known at that time.
  2. The platform operator shall not be liable for disruptions within the line network for which the platform operator is not responsible.
  3.  The platform operator shall only be liable for the loss of data in accordance with the above paragraphs if such loss could not have been avoided by reasonable data backup measures on the part of the user.
  4. The liability does not extend to impairments of the contractual use of the services provided by the platform operator on the platform caused by improper or incorrect use by the user.
  5. The aforementioned limitations of liability shall also apply mutatis mutandis in favor of the platform operator's vicarious agents.
  6. Insofar as the platform offers the possibility of forwarding to databases, websites, services, etc. of third parties, e.g. by the platform operator, the user shall not be liable. third parties, e.g. by setting links or hyperlinks, the platform operator shall neither be liable for the accessibility, existence or security of these databases or services, nor for the content thereof. In particular, the platform operator is not liable for their legality, correctness of content, completeness, up-to-dateness, etc..

§ 7 External content

  1. Users are prohibited from placing content (e.g. through links or frames) on the platform that violates legal regulations, official orders or morality. Furthermore, they are prohibited from posting content that violates the rights, in particular copyrights or trademark rights, of third parties.
  2. The platform operator does not adopt third party content as his own under any circumstances.
  3. The platform operator reserves the right to block third-party content if it is punishable under the applicable laws or if it is recognizably used for the preparation of punishable acts.
  4. The User shall indemnify the platform operator against all claims asserted by third parties against the platform operator due to the infringement of their rights or due to legal violations based on the offers and/or content posted by the User. In this regard, the user shall also assume the costs of the platform operator's legal defense, including all court and attorney's fees.

§ 8 Other obligations of the user

  1. The user is obliged to,
    1. to set up and maintain the necessary data security precautions during the entire term of the contract. This essentially refers to the careful and conscientious handling of logins and passwords;
    2. to notify the Platform Operator immediately of any technical changes occurring in his area if they are likely to impair the provision of services or the security of the Platform;
    3. to cooperate in the clarification of attacks by third parties on the platform, insofar as this cooperation by the User is required;
    4. to conduct business on the platform exclusively within the scope of commercial business operations for commercial purposes. This does not apply if the user is a consumer in the sense of § 13 BGB;
  2. The user undertakes to refrain from all actions that endanger or disrupt the functioning of the platform and not to access data to which he is not entitled. Furthermore, he must ensure that his information transmitted via the platform and posted data are not afflicted with viruses, phishing, worms or Trojans. The User undertakes to compensate the Platform Operator for all damages resulting from the non-observance of these obligations and furthermore to indemnify the Platform Operator from all claims of third parties, including attorney's fees and court costs, which they assert due to the User's non-observance of these obligations.

§ 9 Assignment and set-off

  1. A partial or complete transfer of the User's rights from the contract with the platform operator to third parties is excluded.
  2. The user is only entitled to a right of set-off if the counterclaims are undisputed, legally established or ready for decision in the legal dispute or if they are counterclaims according to § 320 BGB.
  3. Users may only exercise a right of retention if the claims result from the same contractual relationship.

§ 10 Term of contract

  1. The contract on which these Terms of Use are based shall be concluded for an indefinite period, depending on the product, and shall commence upon approval by the platform operator pursuant to § 3 2.
  2. Our projects do not need to be terminated. Costs may only be incurred as long as the project is in the "active" status. The current costs can be taken from www.pagisto.com.
  3. Each party has the right to terminate the contract for good cause without notice. An important reason for the platform operator is in particular:
    1. the violation of a User against the provisions of these Terms of Use, which is not remedied even after setting a deadline;
    2. the tortious act of a user or the attempt of such, e.g. fraud;
    3. the user's default in payment according to § 5 para. 1 by more than six weeks.
    4. persistent operational disruptions due to force majeure beyond the control of the platform operator, e.g. natural disasters, fire, breakdown of line networks through no fault of the platform operator.
  4. Termination for cause must be made in writing. Cancellations by fax or e-mail shall comply with the written form requirement.
  5. The product "GoBD" is only offered for a minimum contract period of 24 months. The costs incurred can be found on the website www.pagisto.com. With this product, the user is obliged to grant the platform operator a direct debit authorization (SEPA direct debit). If the user terminates the contract before the end of the first 24 months of the contract period without good cause, the costs up to the end of the 24-month contract period shall be due immediately. The contract can be extended by 12 months at a time. The monthly costs incurred correspond to the monthly costs during the previous contract period, if necessary the last agreed increase of the monthly costs. In this case, the debit authorization also extends to the extended contract term.
  6. The "Dashboard" product is only offered for a minimum contract term of 36 months. All costs incurred (one-time payment, as well as monthly assessment basis) - have been communicated in my.pagisto.com prior to purchase and confirmed by clicking "Buy". With this product, the user is obliged to grant the platform operator a direct debit authorization (SEPA direct debit). If the user terminates the contract before the end of the first 36 months of the contract period without good cause, the costs up to the end of the 36-month contract period shall be due immediately. The contract is automatically renewed for another 12 months if not cancelled in writing 3 months before expiration of the contract. The monthly costs incurred correspond to the monthly costs during the previous contract period, if necessary the last agreed increase of the monthly costs. In this case, the debit authorization also extends to the extended contract term. The contract period always refers to the day of the product purchase, which is also confirmed with an invoice.

§ 11 Final Provisions

  1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Insofar as the user is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), an entrepreneur within the meaning of § 14 of the German Civil Code (Bürgerliches Gesetzbuch), a legal entity under private or public law at the time of conclusion of the contract and had his place of residence or habitual abode in Germany and has either moved out of Germany at the time we file suit or his place of residence or habitual abode is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our company in Iserlohn. In addition, the platform operator is entitled to sue at the general place of jurisdiction of the user.
  2. We would like to point out that, in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: https://ec.europa.eu/consumers/odr/.
    Our e-mail address is: help@pagisto.com. We point out in accordance with § 36 VSBG that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
  3. Should individual provisions of these Terms of Use be or become invalid and/or contradict the statutory provisions, this shall not affect the validity of the rest of the Terms of Use. The ineffective provision shall be replaced by the contracting parties by mutual agreement with a provision that comes as close as possible to the economic purpose of the ineffective provision in a legally effective manner. The above provision shall apply mutatis mutandis in the event of loopholes.