Product-Related Contractual Terms Business Package
You are permitted to incorporate the seal of quality on your website and to use it in accordance with the T&Cs of AUBII GmbH (hereinafter: AUBII).
This enables you to generate as many invitations to review for customers and experts as you like. An unlimited number of reviews will be displayed in your review profile. A review rating will be added to the seal for the first time as soon as you have received the first reviews on EXCELLENT.ORG.
Customer reviews from your genuine customers only will be accepted. Should a genuine customer nevertheless have cause for complaint, you may initiate arbitration proceedings and reach agreement with that customer using the EXCELLENT.ORG system. If you are unable to reach agreement with the reviewer despite personal communication, you may consult the experienced EXCELLENT.ORG experts in order to mediate the arbitration. The business package includes up to five parallel arbitration proceedings that will be conducted by EXCELLENT.ORG staff members in a month. Apart from this you may of course avail yourself of the automatic arbitration procedure provided by the EXCELLENT.ORG system.
Each new EXCELLENT.ORG review is accessible individually on your profile page, i.e. a separate page is set up for each review that can be included individually in the search index by Google. The advantage for you is that the chance of being found close to the top of the list in Google increases with each new review.
Each review is automatically published within a period of 7 days, of course, you can also release reviews and comments for publication immediately.
You may avail yourself of comprehensive customer support by e-mail or by using the telephone hotline. EXCELLENT.ORG experts are at your disposal. We are at your disposal no matter whether technical issues, customer feedback / reviews or marketing questions are concerned.
Customers and experts can be reviewed and a testimonial can be submitted using a PIN code that is assigned to you. This PIN code can be provided to specifically to your customers and experts. Alternatively, your customers can review you directly using the rating seal and/or the following profile page (opt-out available in this package). The profile page appears after you click on the rating seal.
On SSL-encrypted sites the rating seal is provided per SSL.
You may use the all-in-one function for the seal of quality. You may refer to reviews from a maximum of 3 other portals using your seal of quality and may cause such reviews to be taken into account in the overall rating. The requirement is that you accept the attribution solely of reviews based on the identical legal person and that match the operator of the website on which the seal of quality is used. You are liable for abuse so it is important to verify whether they really are your reviews that are to be taken into account and you must inform us in due time if changes arise in the legal persons reviewed or in the party using the seal of quality. Clearly attributable reviews only from the overview page of the own profile on the relevant portal will be used.
A further prerequisite for taking into account reviews from a different portal is the consent of AUBII. Should consent to the taking into account of reviews from one or more other portals lapse, AUBII shall provide notification. Should, for example, a different review portal discontinue its services, AUBII cannot assume a corresponding warranty.
AUBII will regularly update the overall reviews on your profile page, at the latest when a new review is submitted to EXCELLENT.ORG. The seal for your website is updated several times a day.
All these services are provided at the price indicated during registration, where applicable including the set-up fee indicated there. Depending on the type of payment selected, additional costs or discounts can arise, that will be displayed to you upon selection of the package.
The minimum term of the package is 12 months. The period of notice for ordinary termination of the package is 4 weeks to the end of the term. After expiry of this period of notice the package shall be renewed for a further 12 months. The package shall be renewed for the same term at the same price until you submit notice of termination in due time. The period of notice in case of termination is, in each case, 4 weeks to the end of the term. The right to terminate for good cause shall remain unaffected.
Since our customer care efforts for you tend to increase with your success (e.g. due to increased customer support queries or simply due to the use made of our servers), the business package is available to enterprises up to turnover of 2 million euros per year and up to a maximum of 150,000 page impressions (retrievals of the page containing your seal of quality or your profile) per month. Should you exceed one of these two criteria, we will notify you and offer an upgrade to the professional package.
Terms of Payment
Payments by the customer shall be made at its discretion during the order process, e.g. per invoice, by direct debiting, credit card, advance payment etc. In case of direct debiting, the customer authorizes AUBII to collect all payments incurred within the context of the contractual relationship.
The fees owed for the services provided by AUBII fall due immediately after conclusion of the agreement. The fees are based on the current price list at any time (“Performance” section), which is determined by AUBII at its reasonably exercised discretion.
AUBII shall send an electronic invoice by e-mail for each payment transaction. If the customer requires an invoice sent by post, AUBII may charge a fee of € 2.50 per invoice.
The customer may only make a set-off against claims of AUBII on the basis of counter-claims that are undisputed or have been established by final judgment.
If the customer defaults on the payment of one or more installments or part installments, AUBII may block its services for the relevant customer. AUBII is under an obligation to unblock the services only where the outstanding amounts including the costs of a formal last reminder (Mahnung) have been fully paid.
If the customer defaults on the payment of a significant part of the fee for 2 consecutive months or for a period of more than 2 months in an amount corresponding to one monthly fee, AUBII may terminate the contractual relationship with immediate effect for good cause. AUBII also has good cause for termination with immediate effect especially if insolvency proceedings are requested against the customer’s assets or if the commencement of such proceedings is refused for lack of estate.
In case of default on payments, AUBII may charge processing fees of €8.50 plus any banking fees for each unauthorized return debit note. The customer remains at liberty to prove that no loss or a significantly lower loss was caused.
If the customer’s account does not have sufficient funds during direct debiting, the financial institution operating the account is not obliged to honour the direct debit. If the direct debit procedure is not possible from a current account (e.g. for customers located abroad), the customer agrees to grant direct debit authorization for a credit card account. An objection to an individual direct debit does not constitute withdrawal of the direct debit authorization.
If the customer defaults more than 7 days on partial and/or full payment of an installment that is due, the total amount then outstanding shall fall due for payment. Formal last reminder letters necessary after default occurs shall be charged to the customer as a lump sum of €10.00 in each case. If a formal last reminder is unsuccessful, AUBII shall forward the claim to a debt collection service and/or a lawyer for collection purposes, which can give rise to considerable additional costs for the customer. The customer agrees that payment of the services provided by AUBII for a charge may be processed by a service provider commissioned by AUBII (e.g. e-payment provider, factoring partner).
As at: 09. October 2018