Imprint

Magmapool Sales & Marketing Services AG
Bahnallee 11-13
D-56410 Montabaur, GERMANY
Tel.: +49 (0) 26 02 – 68 69 6 – 0
Fax: +49 (0) 26 02 – 68 69 6 – 99
info@magmapool.de
magmapool.de

Executive Board:
Dr. Detlev Fey (Vors.), Helga Geller

Chairman of the Supervisory Board:
Dr. Susanne Theilig

District Court of Montabaur, Commercial Register: HRB 7224
VAT ID pursuant to Sect. 27 of the Value Added Tax Act (UStG): DE 227667991

Magmapool develops and operates (internet) technology-based motivational, incentive, and reward systems for businesses, specifically sales reward programs, including reward management and reward shipping as well as travel and event management. Software developments are continuously implemented for this purpose.


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General Terms
of Magmapool Sales &
Marketing Service AG

FOREWORD

The following General Terms and Conditions are a component of every contractual agreement with Magampool Sales & Marketing Service AG, Bahnallee 11-13, 56410 Montabaur (referred to as Magmapool hereinafter). The following provisions apply exclusively unless otherwise expressy agreed in writing. The contracting party hereby acknowledges these conditions. The contracting party’s general terms annd conditions, in particular, are not a component of contracts with Magmapool or of contracts issued by Magmapool. Magmapool reserves the right to change or supplement the General Terms and Conditions and the desciption of services with an advance notice of 14 days.

These changes will be announced via e-mail, fax or postal service. The changes are considered to have been acknowledged and accepted if no objection has been raised within 14 days..

1. SERVICES PROVIDED BY MAGMAPOOL

Magmapool provides the customer with software products in conjunction with services. The software products are application service provider (ASP) products. The foundation ist software wich may be used by the customer for a specified time. The use of the software is entirely Internet-based.

Magmapool provides the customer with non-exclusive, non-transferable access to their software for the duration of the contract. Establishment of the requirements for connecting to the software via the web is the sole responsibility of the customer. Magmapool is no liable for establishing or maintaining the data connection between the customer’s network and the point of transfer operated by Magmapool.

Refer to the indivudal quotation for the detailed list of services, and prices of the software products and services Magmapool provides the customer with complete awards management in accordance with the individual agreement.

2. RIGHTS AND OLIGATIONS OF THE CUSTOMER

Only the customer and their registered participants may use the software. The customer is obligated to ensure that only registered participants use the system and that each registered participant uses the system only as authorized and approved in this contact.

Entitlements for fulfillment of the contract exist exclusively between Magmapool and the customer directly. Claims and rights by third parties, in particular the direct claims by participants against Magmapool, will not be honored.

The customer is obligated the maintain strict secrecy of access data and passwords obtained for the purpose of accessing Magmapool software and to store them especially well-protected against access by third parties, as well as against misuse and loss; also, the customer is obligated to notify Magmapool immediately upon becoming aware of knowledge of access data or passwords by unauthorized third parties. The above-named obligations must also be fulfilled if the customer receives access data and password which serve for the identification of his person to Magmapool upon submission of statements concerning the contractual relationship. Persons who use the customer’s access data and password upon submission of such a statement will be refuted by Magmapool as authorized to submit any such statement. The customer is liable to Magmapool for adherence to the above-named obligations. The customers releases Magampool from any costs and claims by third parties which arise from violation of the above-named obligations.

3. FEES

Prices for srvices provided by Magmapool are a component of each individual contract. A payment due date of 14 days applies unless a different payment schedule is named in the contract. Any valid statutory sales tax is expected in addition to the above-mentioned fees.

In the event of late payment, Magmapool is entitled to charge interest and late fees. Additionally, Magmapool is entitled to withhold any outstanding services and deliveries in the event of late payment.

4. DELIVERY OF AWARDS AND PRODUCTS

Delivery of awards and products are made at the customer’s expense in accordance with the quotation. Delivered awards and products remain the property of Magmapool until all requirements associated with the contractual relationship havve been fulfilled.

5. PRICE ADJUSTMENTS

Magmapool reserves the right to adjust the amount of fees for ongoing system use and processing, as well as for agreed upon handling fees, no more than on time annually. Any price adjustments must be agreed by the customoer. If the customer has not objected to the price adjustment within four weeks of being notified of the changes, they are understood to be granted. Magmapool is obligated to inform the customer of the consequences of their failure to object when notifiying them of the changes.

Prices for awards or products, as well as prices for shippin expenses, may be adjusted by Magmapool in correspondence with the market pricing (the current price list available online is valid). Magmapool will notify the customer of this without delay. The customer is entitled to remove awards from the pool and replace them with other awards from Magmapool’s range of awards.

Magmapool may add equivalent awards or products to the shop and deliver them in lieu of awards and products that are no longer available or deliverable at the time the prticipant requests them.

6. DUE DATE

The costs for syste setup, as well as planning and communication measures, are due at the time of completion. Monthly fees are due at the end of each month. A payment deadline of 14 days applies to all payments. Beginning with the second reminder, a late fee of €10,00, as well as late payment interest become payable.

Any valid statutory sales tax is expected in addition to the above-mentioned fees. There are no fees charged for data communications within the Magmapool network.

The customer may offset against the claims assessed by Magmapool only if such claims are not contradicted or are legally determined.

Date: 12/11/2018

Magmapool Sales & Marketing Services AG,
Bahnallee 11-13, 56410 Montabaur

Telefon: 02602/68696-0
Fax 02602/68696-99
E-Mail: info@magmapool.de
Handelsregister: Montabaur HRB 7224
Vorstand: Dr. Detlev Fey (Vors.), Helga Geller