General Terms and Conditions

This English version is provided for convenience; the German version is binding.

Provider and subject matter

The online service “companypedia.info” (hereinafter “companypedia” or “the Service”) is a directory that presents companies with profiles. Companies can be listed free of charge, and with the paid additional service “Premium” they can claim and maintain their profile themselves.

The Service is operated by Delantoro LLC, 3833 Powerline Rd, Suite 201, Fort Lauderdale, FL 33309, United States, email: lars@hero-pages.com (hereinafter “Operator”).

1. Scope

1.1 These General Terms and Conditions apply to all contracts between the Operator and companies (hereinafter “Customer”) concerning the listing or claiming of a profile, the customer account and Premium, including future legal transactions and legally relevant acts. Presenting a company in the directory does not require a contract.

1.2 Terms and conditions of the Customer that deviate from or supplement these terms apply only if the Operator has expressly confirmed them in writing.

2. Customers

2.1 The Service is aimed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code) acting in the exercise of their commercial or independent professional activity. Consumers cannot conclude contracts under these terms.

2.2 When listing or claiming a profile, the Customer warrants that it is authorised to represent the company. By accepting these terms when booking Premium, it confirms that it is acting as an entrepreneur. The Operator may request proof of this.

3. Listing, claiming and the customer account

3.1 By submitting the form for listing a new profile, the Customer makes an offer to conclude a free usage agreement. The agreement is concluded when the Operator approves it. It does not include a customer account.

3.2 Claiming a profile requires booking Premium. The Premium contract is concluded in accordance with clause 7.1; with it the Customer receives a customer account in which it can maintain its profile.

3.3 Claiming also requires the Customer to prove its authority to act for the company with one of the proofs offered in the form. The Operator checks the proof and may request further proof. It may reject a claim and revoke an approval if the proof turns out to be incorrect. There is no entitlement to a claim or a listing.

3.4 The Customer must provide the information in the form and in the customer account truthfully and completely, and update it without delay if it changes.

3.5 The Customer must keep its login details secret and protect them from access by unauthorised third parties. If the login details are lost, or if there is a suspicion that a third party is using them, the Customer must notify the Operator immediately.

3.6 In the event of a serious breach of these terms, the Operator may block the customer account, in particular if the Customer has provided false information, its login details are being misused, or there is a reasonable suspicion that it is not authorised to act for the company.

4. The Operator's services

4.1 The Operator presents the Customer's profile in the directory. The scope and content of Free and Premium are set out in the price and service overview on the page /en/preise valid at the time the contract is concluded.

4.2 In industry and city listings, Premium profiles are shown before other profiles and are labelled as such. The Operator describes the further criteria of the order on the page /en/transparenz.

4.3 Review information in profiles comes from reviewfinder.org. Services of reviewfinder.org are not the subject of these contracts and are agreed separately.

4.4 The Operator endeavours to keep the Service available with as few interruptions as possible; 100% availability is not technically achievable. Maintenance, security or capacity concerns, as well as events outside the Operator's control, such as disruptions to public communication networks, may lead to temporary disruptions. The Operator may discontinue the Service in whole or in part; it refunds fees paid in advance for the period after the discontinuation pro rata.

4.5 The Operator does not owe any particular economic result, in particular no particular reach and no particular rankings in search engines.

5. Profiles and content

5.1 The Operator publishes content that the Customer submits for its profile only after a review. There is no entitlement to the publication of particular content. The Operator may determine which details the Customer can edit itself.

5.2 Links the Customer gives for its profile may only point to the company's own domains and to the company's own profiles, for example on social networks. The Operator decides how links are displayed and technically marked up; it may change this where necessary to comply with search engine guidelines or to avert disadvantages for the Service.

5.3 The Customer warrants that it is entitled to use the content submitted, in particular texts, pictures, logos, documents and videos, and that this does not infringe any third-party rights, in particular no copyrights or personality rights. The content must not contain any insulting, violence-glorifying, extremist, racist, sexist, discriminatory, harmful to minors, pornographic or otherwise unlawful material.

5.4 The Operator may refuse to publish content and may remove or block published content if it is unlawful, breaches these terms or there are concrete indications of this. It informs the Customer of its decision and the reasons for it, unless the law provides otherwise. The Customer can object to the decision by email.

5.5 After a Premium contract ends, the profile continues to be shown in the scope of a free profile; access to the customer account ends.

6. Prices and payment

6.1 The prices in the price and service overview on the page /en/preise valid at the time the contract is concluded apply. All prices are net prices. The Operator invoices its services without VAT; the Customer owes the tax under the reverse-charge procedure. If the Customer has a VAT identification number, it gives it when booking.

6.2 The fee for Premium is charged monthly or yearly in advance, depending on the chosen payment interval.

6.3 Payment is made via the payment provider offered during checkout and chosen by the Customer. The fee falls due when the contract is concluded (clause 7.1) and is collected via the payment provider. The Operator provides the invoice by email.

6.4 By way of derogation from clause 6.3, the Operator may agree billing by invoice with the Customer. In that case the fee falls due when the invoice is received, unless otherwise agreed.

6.5 If a payment fails, the Operator may suspend the Premium services after prior notice until the payment has been settled.

6.6 The Customer is not entitled to set off claims unless the counterclaim has been legally established or is undisputed by the Operator.

7. Term and termination

7.1 A Premium contract is concluded when checkout is completed. If the Customer books Premium before the claim of its profile has been approved, the contract is concluded only with the approval; nothing is charged before then. The contract has a minimum term of 12 months from the start of the Premium services.

7.2 With monthly payment, the Customer can terminate during the minimum term with effect from its end. After the minimum term, the contract runs for an indefinite period and can be terminated monthly with effect from the end of the current billing month.

7.3 With yearly payment, the contract renews automatically for 12 months at the agreed yearly price after the minimum term and each further contract year, unless the Customer terminates beforehand. The Operator reminds the Customer by email 30 days before each renewal. A termination during the minimum term takes effect at its end. After the minimum term, a termination takes effect at the end of the current billing month; the Operator refunds months already paid but not used pro rata.

7.4 Termination is possible in text form, for example by email to lars@hero-pages.com, or via the customer account.

7.5 For Customers billed by invoice (clause 6.4), term, renewal and termination are governed by the agreement made with them.

7.6 The free usage agreement (clause 3.1) runs for an indefinite period. The Customer can terminate it at any time in text form.

7.7 The Operator may terminate contracts with four weeks' notice; it refunds fees paid in advance for the period after the end of the contract pro rata. The right of both parties to terminate for good cause remains unaffected. Good cause for the Operator exists in particular if the Customer is in arrears with an amount of at least two monthly fees or seriously breaches clauses 3 or 5.

7.8 If the Operator terminates for good cause for which the Customer is responsible, its claim to the fee remains unaffected up to the earliest date on which the Customer could have terminated the contract ordinarily; the Operator must set off any expenses saved.

8. Liability

8.1 The Operator is liable without limitation for damage resulting from injury to life, body or health, for damage caused intentionally or through gross negligence, for damage resulting from the absence of an expressly guaranteed quality, and under the German Product Liability Act.

8.2 In the event of a slightly negligent breach of material contractual obligations, the Operator is liable only for the foreseeable damage typical of the contract, up to at most the fees the Customer paid in the twelve months before the event giving rise to the damage. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely.

8.3 Otherwise, the Operator's liability, including for its vicarious agents and agents used in performance, is excluded, regardless of the legal grounds.

9. Changes to these terms

9.1 The Operator may change these terms. It offers changes to the Customer in text form, for example by email, at least one month before the proposed effective date (hereinafter “Change Date”). The Customer's consent is deemed given if it does not reject the changes before the Change Date. Changes to the prices or to the essential scope of services of running contracts take effect only with the Customer's express consent.

9.2 If the Customer does not agree to the changes, it can terminate the contract with effect from the Change Date at no additional cost; the Operator refunds months already paid but not used pro rata. In the change notice, the Operator specifically points out the right to reject, the deadline for it and the option to terminate. The changed terms are also published on companypedia.

10. Final provisions

10.1 The contracts under these terms and all disputes arising from them are governed exclusively by the law of the State of Delaware, United States of America, excluding its conflict-of-law provisions and excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

10.2 The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be the competent state and federal courts in the State of Delaware, USA. The Customer hereby submits to the personal jurisdiction of these courts.

10.3 Should any provision of these terms be wholly or partly invalid, the validity of the remaining provisions remains unaffected. An invalid provision is replaced by the provision that comes economically closest to it.

10.4 The Customer may transfer rights and obligations under the contracts under these terms to third parties only with the Operator's prior written consent. The Operator is entitled to transfer its rights and obligations, in whole or in part, to an affiliated company or a legal successor.