Terms and conditions

Preamble

The following General Terms and Conditions (hereinafter referred to as “T&Cs”) regulate the contractual relationship between WeddyBird, a service of Panda Webservices GmbH (hereinafter referred to as “WeddyBird"), and the bridal couple (hereinafter the "Customer“).
WeddyBird will provide the Customer with a website for the exchange of information with their wedding guests (hereinafter referred to as “website”). Visitors to the website are referred to as "guests". These guests have usually found their way to the website after receiving an invitation from the Customer.

1. Scope

1. (1) These terms of use contain regulations concerning the contents, availability and responsibilities in connection with the use of the created website and the application provided for it.
2. (2) The sole language used for the conclusion of the contract is German. Translations of these T&Cs into other languages are for your information only. Should any differences be found between the language versions, the German text shall take precedence.

2. Operator

The website and the respective customized websites are provided to the Customer by:
WeddyBird
Panda Webservices GmbH
Dorotheenstraße 84
D-22301 Hamburg
Registered Office: Hamburg, District Court of Hamburg, HRB 148728
Managing Director: Markus Fasselt
VAT ID No. DE314468965
Telephone: +49 (0) 40 228 63 173
Email: info@weddybird.com

3. Subject of the Contract

WeddyBird provides the Customer with a website for exchanging information and communicating with their wedding guests. For this purpose, WeddyBird offers the Customer a free basic version with a limited range of functions. If the Customer wishes to use other functions offered by WeddyBird which are not part of the basic version, they also have the option to add these for a certain period of time for a fee. The Customer is solely responsible for the content of the website.

4. Conclusion of the Contract

1. (1) The contract for the use of WeddyBird’s free services is concluded with the provision of the services following the creation of a free user account.
2. (2) Fee-based services can be requested after registering for a user account according to the service description at the time of ordering the respective service for the specified period. The fee-based services of the website do not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum). Only by clicking on the “Order now for a fee” button in the last step of the order process does the Customer submit a binding offer to purchase or order the services shown in the order summary. Immediately after submitting the order, the Customer will receive an order confirmation. However, this does not constitute an acceptance of the contractual offer. A contract between the Customer and WeddyBird comes into effect as soon as WeddyBird accepts the order and/or booking by a separate email or as soon as the service is provided.
3. (3) The range of services and the display of all necessary order and address details as well as the desired method of payment are presented in an overview page on which the essential service details are summarized, including the costs incurred. Up until this point, the Customer can correct their details or back out of the contract declaration. A binding offer within the meaning of paragraph 2 is only made by subsequently clicking the “Order now for a fee” button.
4. (4) The contractual provisions with details of the ordered products and/or services, including these T&Cs and the cancellation policy, will be sent to the Customer by email upon acceptance of the contractual offer or notification thereof. WeddyBird will not store the contractual provisions.

5. WeddyBird’s Services

1. (1) WeddyBird provides services for making content accessible via the internet. For this purpose, WeddyBird provides the Customer with system resources on a server connected to the internet for displaying the website. The Customer can store content there with the kit provided. The respective services of the ordered package result from the service description at the time of the order.
2. (2) On the server, the contents are made available for retrieval via the internet at the internet address (Section 9) to be provided by the Customer, if applicable, for the specified period. WeddyBird’s services for the transmission of data are limited solely to data communication between the transfer point operated by WeddyBird of its own data communication network to the internet and the server provided for the Customer with its included website. WeddyBird is not able to influence data traffic outside its own communication network. A successful forwarding of information from or to the computer querying the contents is therefore not necessary.
3. (3) WeddyBird provides the services mentioned above with an overall average availability of 98.5 % per year. Excluded from this are times in which the services cannot be accessed via the internet due to technical or other problems which are not within WeddyBird’s sphere of influence (e.g. force majeure, fault of third parties, etc.). This does not include necessary maintenance work. The availability will not be interrupted for more than 48 hours at a time.
4. (4) WeddyBird reserves the right to modify or improve services. If restrictions of the contractually essential scope of services should accompany the modification, the Customer is entitled to an extraordinary right of cancellation. If services are provided free of charge, WeddyBird is entitled to suspend these services with a 14-day notice period after prior announcement. A reduction, refund or compensation claim cannot be asserted as a result.
5. (5) In the case of a fundamental change to legal or technical standards on the internet, WeddyBird reserves the extraordinary right to terminate, insofar as it is unreasonable for WeddyBird to provide the services in whole or in part within the framework of the purpose of the contract.

6. Obligations of the Customer

1. (1) The Customer is obliged to name at least one person from the engaged couple as a contractual partner. If both are named as contractual partners, they are jointly and severally liable to WeddyBird.
2. (2) The Customer is obliged not to place any illegal content on the provided website which violates laws, official requirements or third-party rights. The services of WeddyBird may not be misused, in particular:
   1. a) for the unsolicited sending of emails to third parties for advertising purposes or the sending of messages for advertising purposes
   2. b) for attempts at an unauthorized retrieval of information or data or unauthorized intrusion into data networks
   3. c) for sending threatening or harassing messages
   4. d) for the inclusion of information with illegal or immoral content. Such offers may also not be referred to. This also includes content which, according to Sections 130, 130a and 131 of the German Criminal Code (StGB), serve to incite sedition, lead to criminal offences, glorify or trivialize violence or are sexually offensive. Content of a pornographic nature within the meaning of Section 184 of the German Criminal Code (StGB), or is suitable to endanger children and young people morally or to impair their wellbeing, and content which may damage the reputation of WeddyBird are also forbidden. All legal regulations are to be observed by the Customer, especially the regulations of the German State Treaty for the Protection of Minors in the Media (Jugendmedienstaatsvertrages) and the Youth Protection Law (Jugendschutzgesetzes)
   5. e) to use the website for other purposes which go beyond the context of their wedding for the exchange of information and communication with the guests
   6. f) to use content protected by law (e.g. by copyright, trademark, patent, design rights or utility model law) without being entitled to do so, or to advertise, offer or distribute legally protected products or services without authorization
   7. g) to conduct or promote anti-competitive practices
3. (3) The Customer is obliged to prevent unauthorized third-party access to the protected areas of the website programming by taking suitable precautions. In particular, they may not disclose their access details to third parties.
4. (4) Irrespective of WeddyBird’s obligation to backup data, the Customer themselves is responsible for entering and maintaining the data and information required to use the services.
5. (5) The Customer is obliged to check data and information for viruses or other harmful components before input and to use state-of-the-art antivirus programs for this purpose.
6. (6) The Customer is registered for access to the use of the services with their email address and a password of their choice. The Customer is obliged to keep the password used in connection with the provided email address a secret and not to make it available to third parties.
7. (7) The Customer is solely responsible for all content and processed data which is used by them as well as for any legal positions which may be necessary for this. WeddyBird does not take note of the contents and does not check the contents used with the website as a matter of principle. The Customer is obliged to only integrate contents on the website for which they possess a right of use or of which they are the author.
8. (8) In this context, the Customer undertakes to exempt WeddyBird from any liability and any costs, including possible and actual costs of legal proceedings, if a claim is made against WeddyBird by third parties, including guests of the Customer, as a result of alleged actions or omissions on the part of the Customer. WeddyBird will notify the Customer of the claim and, to the extent legally possible, give the Customer the opportunity to defend the asserted claim. At the same time, the Customer will immediately and fully inform WeddyBird of all available information about the facts which are the subject of the claim. In the case of an imminent or occurred violation, WeddyBird is entitled to temporarily suspend the connection of the contents stored on the website to the internet, also under consideration of the Customer’s legitimate interests, with immediate effect.
9. (9) If the Customer considerably or consistently violates the duties and obligations mentioned here, and if this behavior contrary to the contract is not reversed and stopped following a warning from WeddyBird, WeddyBird is entitled to discontinue the services and deliveries and to terminate the contract without notice.
10. (10) The Customer is obliged to transmit the data necessary for domain registration, as requested by the NIC when ordering. This includes, in particular, the complete contact details of the domain holder. The Customer agrees that the data relevant for the domain registration may be transmitted to the NIC. The Customer must inform WeddyBird immediately if any of these details change.

7. Term and Termination of the Contract

1. (1) The contract for using a free WeddyBird website is concluded for an indefinite period of time. The Customer has the option of deleting their website at any time. WeddyBird reserves the right to terminate the contract for free use at any time with a notice period of fourteen days.
2. (2) A separate contract is concluded by ordering additional options which are subject to change. The term of additional options with costs depends on the respective service description at the time of ordering. Unless otherwise agreed, the contract has a term of one year.
3. (3) Insofar as an extension of the contract period is desired by the Customer, this can be agreed separately. For this purpose, the Customer must inform WeddyBird of their desire to do so within the contract period by means of a declaration on the customer area of the platform and to have paid the agreed fee.
   If this wish is only communicated once the contract period has ended and if the Customer has previously been given an individual domain of their own by WeddyBird (Section 9), the Customer is obliged to bear the costs for the restoration of the domain in addition to the payment. This does not apply if the Customer uses a sub-domain of WeddyBird.
4. (1) The right of each contracting party to terminate the contract without notice for good cause remains unaffected. WeddyBird is entitled to terminate the contract without notice, especially if:
   1. a) the Customer is in arrears with due payments of an amount corresponding to at least two monthly premiums and fails to make payment despite reminders and after the setting of a grace period or
   2. b) the Customer persistently violates the contractual provisions regarding the use of the services or
   3. c) insolvency proceedings are opened over the assets of the Customer or the Customer becomes insolvent or bankrupt
   Termination without notice shall in any case require that the other party has been warned in writing and requested to eliminate the alleged reason for termination without notice within a reasonable period of time. In this case, WeddyBird is furthermore entitled to have the Customer’s domain deleted at the respective registration authority (CLOSE). By accepting these T&Cs, the Customer expressly grants WeddyBird the power of attorney for such a termination declaration.
5. (4) After termination of the contractual relationship, WeddyBird is no longer obliged to render the contractual services. WeddyBird may then delete all data of the Customer on the server. A transfer of the website contents to a server of a third-party provider is not possible.

8. Granting of Rights of Use under Copyright Law, Name and Trademark Rights

1. (1) The content stored by the Customer on the website may be protected by copyright and data protection laws. The Customer assures that they are the owner of the copyrights or absolute rights of use of the integrated contents required for publication on their website. The Customer hereby grants WeddyBird the right to make the contents stored on the server publicly accessible via the internet and in particular to copy and transmit them for this purpose as well as to be able to copy them for the purpose of data backup. The right also includes the right to have the contents reproduced by visitors to the website on demand. In particular, the Customer assures that in the case of photographs, they have obtained the consent of the persons depicted for storage, public access and reproduction through the website.
2. (2) Domain names are also subject to name and trademark law. The Customer recognizes and is aware that domain names may infringe the rights of third parties and assures the legally compliant use of the domain to be registered.
3. (3) Insofar as WeddyBird provides the Customer with copyrighted contents for the design of the website by means of the kit, WeddyBird will grant the Customer a spatially unlimited, non-exclusive, simple right of use for the use and publication of the website, limited to the contract period. A use beyond this purpose is not permitted. The right of use ends with the termination of the respective underlying contract.

9. Procurement of an Internet Domain, Transferability

1. (1) In the case of a fee-based order of its own individual domain, WeddyBird will take over the procurement of the internet domain(s) under which the contractual website is to be made available. In this case, WeddyBird will act as an intermediary and will pass on the registration order in the name and on behalf of the Customer to the responsible registration authority (NIC) (e.g. DENIC e.G. for "de"-domains). The contract for the domain registration is concluded directly between the NIC and the Customer. WeddyBird assumes no guarantee for the availability of the desired domain or the non-infringement of third-party rights (e.g. rights to names, trademarks or titles) through the registration of the desired domain to the Customer. If the desired domain(s) should no longer be available, domains specified by the Customer are to be procured alternatively. If this is also not successful, WeddyBird has to procure, in consultation with the Customer, another available domain which is as similar as possible to the originally desired domain. The Customer must make suggestions for such alternative domains if WeddyBird is not responsible for obtaining rights to domains already registered for third parties by the responsible registration authority.
2. (2) If WeddyBird has taken over the procurement of the domain, it must register it in the name and for the account of the Customer and, at the Customer’s request, arrange for the transfer to another provider at any time. On request, WeddyBird must provide the Customer with information and accountability at any time regarding the status and course of the undertakings in this matter.
3. (3) All rights and name rights acquired in the domain remain with the Customer. Domains registered by WeddyBird remain the property of the Customer. Thus, the Customer is allowed to change the provider of the domain at any time, provided that this is technically possible and offered by the NIC, and in compliance with these T&Cs and the respective conditions of the NIC. The possibility to transfer the domain does not oblige WeddyBird to transfer the entire website or its contents to a new provider. In the event of a delay in payment, WeddyBird may exercise a right of retention with regard to a desired change of provider.
4. (4) A subsequent change of a requested domain is not possible after registration with the responsible NIC. The Customer has the possibility to request another (additional) domain at any time, which results in additional costs which must be borne by the Customer.
5. (5) Since the domain is only registered for the purpose of providing the wedding website, the Customer agrees in advance to its deletion upon termination of the contract. The Customer will be informed in time in written form about the imminent deletion and the consequences of a termination. If the Customer does not extend the term of the contract (Section 7 para. 3), their silence shall be deemed as consent to the deletion of the domain (CLOSE).

10. Right of Cancellation

As a consumer, you have a right of cancellation in accordance with the information provided to you, which you can also find at https://weddybird.com/en/cancellation. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor their independent professional activity. Insofar as we are to begin the performance of our services before the expiry of the cancellation period, we shall obtain your consent accordingly.

11. Liability

1. (1) WeddyBird is only liable for intent and gross negligence. Moreover, WeddyBird is liable for the negligent violation of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which jeopardizes the achievement of the contractual purpose and on the fulfillment of which the Customer may regularly rely. In the latter case, WeddyBird is, however, only liable for foreseeable damages typical of the contract. WeddyBird is not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences.
   The above exclusions of liability do not apply in case of physical injury, loss of life or damage to health. The liability according to the product liability law remains unaffected.
2. (2) The Customer is aware that there are no guarantees that data communication via the internet is completely error-free and/or available at all times according to the current state of technology. The Customer has to create backups of their data independently. WeddyBird backs up the content of the website on a daily basis, but the Customer is otherwise responsible for the backup.

12. Payment

1. (1) For the use of additional fee-based services, the fee stated on the website at the time of ordering is due and payable in advance.
2. (2) WeddyBird reserves the right to change the price of the services offered at any time. In the case of a contract for fee-based services, the price indicated at the time of ordering is valid for the contract period indicated at the time of ordering. In the case of an optional extension, the price valid at the time of the extension applies.

13. Terms of Payment

Payment is due immediately upon ordering. The payment for the product will be made via the payment service providers indicated on the website (we use the “SSL” transmission method to encrypt your personal data) or by means of payment in advance via bank transfer. In the case of payment in advance via bank transfer, WeddyBird will provide the ordered services immediately upon receipt of payment.

14. Data Protection

1. (1) WeddyBird is aware of how important it is for customers and guests that all personal data transmitted by customers and guests to WeddyBird is handled in a particularly sensitive manner. WeddyBird therefore observes all relevant legal data protection regulations (German data protection laws, European data protection guidelines and any other applicable data protection law). In particular, WeddyBird will not pass on the personal data of our customers and guests to third parties without authorization or otherwise bring them to the attention of third parties.
2. (2) WeddyBird is entitled to use subcontractors for the provision of services. WeddyBird will only employ contractors who offer sufficient guarantees that suitable technical and organizational measures will be carried out in such a way that processing will be conducted in accordance with the requirements of the General Data Protection Regulation (GDPR) and will guarantee the protection of the rights of the person concerned.
3. (3) With regard to personal data collected via the website, the WeddyBird privacy policy applies. In particular, the collection of data from third parties is necessary for some functions (e.g. responding to the invitation). The collection and processing of this data is carried out by WeddyBird.

15. Right of Modification

1. (1) WeddyBird reserves the right to modify these T&Cs as far as this is reasonable for the Customer, taking into account the interests of WeddyBird. This is especially, though not exclusively, the case:
   1. a) If the change is purely beneficial to the Customer;
   2. b) Insofar as WeddyBird is obliged to ensure the conformity of the T&Cs with the applicable law, especially if the relevant legal situation changes;
   3. c) If the change is purely technical or process-related, unless it has a significant impact upon the Customer’s usage;
   4. d) Insofar as WeddyBird is complying with a court decision or an official decision directed against WeddyBird; or
   5. e) Insofar as WeddyBird is introducing completely new additional services which require a service description in the T&Cs, unless the former contractual relationship is adversely affected by this.
2. (2) WeddyBird will inform users about changes to the T&Cs in good time. If the user does not object to the validity of the new T&Cs within four weeks after notification, the altered T&Cs will be considered accepted by the user. In the notification, WeddyBird will inform the user of their right of objection and the relevance of the objection period.

15. Final Provisions

1. (1) The terms and conditions written here are complete and conclusive. Amendments and supplements to these terms and conditions should be made in writing in order to avoid any ambiguity or dispute between the parties about the respective agreed content of the contract.
2. (2) Provided that the Customer had their place of residence or habitual abode in Germany when the contract was concluded and had either moved out of Germany at the time of WeddyBird’s filing of a lawsuit or their place of residence or habitual abode was unknown at that time, the place of jurisdiction for all disputes is WeddyBird’s head office.
3. (3) The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Sales Convention, if:
   1. a) the Customer has their habitual abode in Germany, or
   2. b) the Customer has their habitual abode in a state which is not a member of the European Union.
   In the event that the Customer has their habitual abode in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which the Customer has their habitual abode shall remain unaffected.
4. (4) We would like to point out that, in addition to the due process of law, you also have the possibility of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Further details on this can be found in Regulation (EU) No. 524/2013 and at the following website: http://ec.europa.eu/consumers/odr .
   The email address can be found in our legal notice at https://weddybird.com/en/legal. In accordance with Section36 of the German Consumer Dispute Settlement Act (VSBG), we would like to point out that we are not obliged to participate in out-of-court dispute resolution proceedings before a consumer arbitration board.
5. (5) Should individual provisions of this contract become invalid, this shall not affect the rest of the contract.

Correct as of: 10/08/2020