AGB — General terms and conditions

1st preamble

1.1.

These general terms and conditions (hereinafter: “GTC”) for the services and services of NX Technologies GmbH apply to everything between NX Technologies GmbH, Hohenzollernring 89-93, 50672 Cologne, Germany,
‍
— hereinafter referred to as “we” or “NX Technologies” —
‍
and users of services offered and provided by NX Technologies

— hereinafter referred to as “user” or “you” —,

emerging legal relationships.

1.2.

The services provided by NX Technologies include offers provided (hereinafter referred to as “services”), consisting of online offers/platforms, associated websites, apps, functions, content, as well as external online presences, such as our social media profiles.

2. Scope

2.1.

These terms and conditions apply to the services offered by NX Technologies to buyers and sellers (§§ 611 ff. BGB). They regulate the use of the services offered by buyers and sellers.

2.2.

The services are available to consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB). Insofar as there are different general terms and conditions for consumers or entrepreneurs, this is stated separately in the respective service specifications of the services.

3. Conclusion of contract and changes to the terms and conditions

3.1.

After acceptance of the terms and conditions by the user, the contract between the user and NX Technologies for the use of the services is concluded.

3.2.

NX Technologies may change these terms and conditions, including Appendix 2 (list of prices and services), if the change is reasonable for the user, taking into account our interests, if there is a reason for the change. There is a reason for change in particular in the event of a change in legal requirements or case law, an addition to the services offered via the user interface or in the event of a change in market conditions. You can object to the amendment of the terms and conditions by us, in which case the terms and conditions will continue to apply in their previous form. We reserve the right to amend the terms and conditions by mutual agreement.

4. Registration and registration requirements

4.1.

When registering for the NX Technologies services, the user provides, among other things, his e-mail address as a username and a personal password and then confirms that he has read the privacy policy (https://www.bezahl.de/datenschutz) and the terms and conditions of NX Technologies. The data requested during registration and the information entered subsequently must be provided completely and correctly. Different registration requirements are identified separately in the respective service specifications of the services.

4.2.

The password must be kept secret and may not be passed on to third parties. Password and username are the login details for using the services and the services offered via the user interface. Should unauthorised third parties become aware of the password and user name, the user must immediately report this to NX Technologies and change the password.

4.3.
registration requirements

4.3.1.

Registration is only permitted persons of legal age and full legal capacity, possibly acting lawfully as representatives of a company. In addition, the user requires Internet access, an e-mail address, and a current, standard Internet browser for registration. The user can download the Android and iOS app from the respective marketplace on suitable mobile phones and use it for NX Technologies services. For this, the user also needs Internet access and an email address for registration.

4.3.2.

Each user may only register once for the respective service. Registration is only permitted under the conditions set out in these terms and conditions and after knowledge of the content of these terms and conditions. Circumvention of these regulations, in particular through the use of different, i.e. incomplete and/or incorrect data, is prohibited. A user account is not transferable. Different regulations (secondary users) are described in the respective service specifications of the services.

5. Service description, warranty

5.1.

Through the user interface and automatic email delivery by NX Technologies, users receive information about payment transactions made by users connected to them (sellers or buyers) via the NX Technologies services. In particular, NX Technologies provides the following services:

5.1.1.

Carrying out the registration and provision of a user account

5.1.2.

Technical assistance in specifying the purpose of payment

5.1.3.

Communicate status changes regarding the payment process to buyers and sellers in real time

5.1.4.

Provision of historical transaction data

5.1.5.

Optional services in accordance with the price and service schedule.

5.2.

The information is processed and transmitted as part of the user interface. NX Technologies has no influence on the content of the information. NX Technologies does not guarantee that, based on the user's system environment, a printout of payment purpose information, payment transaction status, or other information and messages will match what is displayed on the screen. NX Technologies does not guarantee the accuracy and completeness of the information provided by the seller or buyer or the identity and integrity of the seller or buyer. The duration of storage of information may differ depending on the origin of the data.

5.3.

NX Technologies is not involved in the contractual relationship between seller and buyer as an agent of any party. NX Technologies is also not a buyer or seller itself, but only a technical service provider.

5.4.

For technical reasons in particular, information about products that originate from the sphere of a portal provider (e.g. classified ad portals) can temporarily not be accessed or can only be accessed to a limited extent via the user interface.

6. Technical availability

6.1.

NX Technologies may use third-party networks, facilities and technologies that are not controlled by NX Technologies to provide services to the user.

6.2.

The user interface of the services is available at least 98.6% over time. Availability is calculated on the basis of the time allotted to the respective calendar month during the contract period (on a pro rata basis, if applicable) minus the time required for maintenance work on the NX Technologies system. NX Technologies is entitled to carry out maintenance work from 02:00 to 06:00 CET for up to 10 hours per calendar month. The services will not be available during maintenance.

6.3.

Maintenance work and disruptions at telecommunications providers, network and server operators and portal providers are not attributable to NX Technologies, unless it concerns the internal network of NX Technologies or the server on which the services are hosted or their data is stored.

7. Support services

7.1.

NX Technologies provides German-language support for technical and organizational issues relating to NX Technologies services and services. Possible disruptions or indications of fraud in connection with the services are available to NX Technologies by calling the emergency number +49 (0) 221-9501840 or by e-mail to security@nx-technologies.com to communicate. During business hours from 9:00 a.m. to 6:00 p.m. on working days (the Cologne location is decisive), except December 24 and 31, NX Technologies will endeavour to respond within one hour and to rectify a fault within four hours. In individual cases, NX Technologies reserves the right to extend the troubleshooting period accordingly. If a fault cannot be remedied within a further grace period of four hours set by the user, the user has the right to extraordinary termination of this contract in accordance with Section 11. Outside business hours, only safety-related measures are carried out immediately.

8. Intellectual property, rights of use and obligations of the user

8.1.

NX Technologies owns the rights to the content of the nx-technologies.com, bezahl.de, direktbezahlen.de websites of all subdomains as well as all copyright, trademark and other property rights relating to the services. The content of other portal providers or sellers is excluded from this.

8.2.

To use the NX Technologies services and to access the services, NX Technologies grants the user a simple, non-transferable and non-sublicensable right of use. The right of use is granted to the user exclusively to the extent necessary to carry out this contract and to the extent necessary for the intended use of the user interface. The right of use expires upon termination of this contract in accordance with paragraph 11 of these terms and conditions.

8.3.

In detail, the following terms of use apply:

8.3.1.

Within the scope of the granted rights of use, the user has the right to make individual data sets from the information provided by the portal visible on his screen exclusively using the user interface and the import functions provided here and to print them out for permanent visualization. Automated querying using scripts, bypassing the respective search mask or similar measures is not permitted.

8.3.2.

You may not use the data obtained through the query in whole, in part or in part to set up your own database in any media form and/or for commercial data processing or provision of information and/or for any other commercial use. Linking, integrating or otherwise linking the information provided by portal providers via the user interface or individual elements of this information with other databases or meta-databases is prohibited.

8.4.

The user is not entitled

8.4.1.

rent, lease, loan, reproduce, resell, or otherwise distribute or transfer access to NX Technologies services and services via the user interface;

8.4.2.

to use the user interface to develop other services;

8.4.3.

to activate and use optional functionalities of the user interface for which the user has not been granted any rights of use;

8.4.4.

to transfer the rights of use of the user interface to third parties or to grant third parties access to the online interface or user interface;

8.4.5.

to change, translate, reproduce, decompile the source code of the user interface or to examine its functions, except to the extent absolutely permitted in accordance with Section 69d or Section 69e UrhG; and

8.4.6.

to remove, obscure or change legal notices, in particular on industrial property rights or copyrights of NX Technologies.

8.5.

When using the user interface, the user must not commit any illegal acts or violate applicable laws, in particular:

8.5.1.

infringe the industrial property rights, copyrights or property rights of third parties;

8.5.2.

take measures that jeopardize or interfere with the functioning of the user interface;

8.5.3.

access data when you don't have permission to do so

8.6.

If the data provided during registration changes, the user is obliged to update it immediately in his established user account. The user must check the data provided for accuracy each time it is changed.

9. Data protection

9.1.

For information on how NX Technologies processes your personal data, please see the privacy policy (see https://www.bezahl.de/datenschutz). All personal data provided by you (data of a specific or identifiable natural person, including title, first name, last name, address, email address, date of birth, will be stored exclusively for the purpose of fulfilling this contractual relationship or for the performance of the services and not longer than necessary.

9.2.

In order to use the services, it is necessary that the respective initiating user may name the other transaction partner, who is also a user, as a payment participant in connection with the transaction/payment.

9.3.

In the course of using the services, NX Technologies will notify the user of the current transaction/payment status.

9.4.

The use of personal or company-related data for advertising or market research purposes requires the express consent of the user. The user has the option to give this consent when registering. This declaration of consent can be withdrawn by the user at any time.

9.5.

The user can view and update their personal data stored by NX Technologies at any time via the user interface of the respective service.

10th newsletter

10.1.

To the extent that you have allowed us to send you messages during the registration process for the services, you can withdraw such consent at any time. You can exercise your right of withdrawal by changing the notification settings in the user interface accordingly.

10.2.

NX Technologies is entitled to send a newsletter with information about NX Technologies products and services to users who have consented to receive it or who meet the requirements of § 7 paragraph 3 UWG. If NX Technologies sends out newsletters, users can unsubscribe from this service free of charge at any time via a link provided for this purpose at the end of each newsletter. For more information on the processing of your personal data in connection with newsletters, please see our privacy policy (https://www.bezahl.de/datenschutz) remove.

11. Contract duration; termination

11.1.

The contractual relationship between NX Technologies and the user is concluded for an indefinite period of time. At the end of the contractual relationship, all rights of use granted to you in accordance with these terms and conditions also end.

11.2.

The user can terminate the contractual relationship with NX Technologies at any time without notice, provided that neither a term nor a different termination policy has been agreed for individual services. In the event of a performance failure that cannot be resolved by NX Technologies within any grace period set by the respective user in accordance with Section 7, the user has the right to extraordinary termination of this contract.

11.3.

NX Technologies will terminate the contractual relationship with you at any time with a notice period of three weeks, unless an indefinite term or a different termination policy has been agreed for individual services. Subject to a notice period of three weeks, NX Technologies is also entitled to terminate the contractual relationship if you delete the user account. In the event of suspicion of misuse of the user interface, NX Technologies has the right to extraordinary termination of this contract. Section 314 BGB remains unaffected.

11.4.

Different regulations are identified separately in the service specifications.

12. liability

12.1.

The user's claims for compensation are excluded. This excludes claims for damages by the user arising from injury to life, body, health or from the breach of essential contractual obligations as well as liability for other damages based on an intentional or grossly negligent breach of duty by NX Technologies, its legal representatives or vicarious agents. Significant contractual obligations are obligations whose fulfilment is necessary to achieve the contractual objective.

12.2.

In the event of a breach of essential contractual obligations, NX Technologies is only liable for foreseeable damage typical of the contract if this was simply caused by negligence, unless the user claims for compensation arising from an injury to life, body or health.

12.3.

The restrictions in accordance with Sections 12.1, 12.2 and 12.3 also apply in favour of the legal representatives and vicarious agents of NX Technologies if claims are made directly against them.

13. Cancellation policy for consumers
The following cancellation policy applies to all our services (including bezahl.de).

13.1.

Right of Withdrawal

You have the right to cancel this contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must contact us, NX Technologies GmbH (Hohenzollernring 89-93, 50672 Cologne, phone: +49 (0) 221-9501840, e-mail: service@nx-technologies.com), by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to cancel this contract. You can use the attached sample withdrawal form (Appendix 1), but this is not mandatory.

To meet the withdrawal period, it is sufficient that you send the notification that you have exercised your right of withdrawal before the withdrawal period has expired.

Consequences of the withdrawal: If you cancel this contract, we must repay you all payments we have received from you, including any delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract.

If you have requested that the services begin during the cancellation period, you must pay us a reasonable amount equal to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

‍13.2.

Special notes: If you cancel this contract, you are also no longer bound by a contract related to this contract if the related contract concerns a service provided by us or a third party on the basis of an agreement between us and the third party.

14. Final provisions

14.1.

Contracts between NX Technologies and the user are governed by the laws of the Federal Republic of Germany, excluding the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the user as a consumer has his habitual residence, remain unaffected.

14.2.

If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and NX Technologies is the registered office of NX Technologies.

14.3.

In the event that a provision of this contract is invalid or unenforceable, the validity of the remaining investment conditions will not be affected. In such a case, this provision shall be replaced by a valid or enforceable provision that corresponds as far as possible to the desired economic and legal outcome. This applies mutatis mutandis in the event that the investment conditions contain regulatory gaps.

14.4.

Appendix 2 (price and list of services bezahl.de) is part of these terms and conditions and describes the nature and scope of the services provided by NX Technologies for the pay.de service. The fees for using the bezahl.de process and for any optional services are based on the price and services list, subject to an individual contract agreement.