§ 1 General points
(1) Startnext Crowdfunding is a limited liability company domiciled at the following address: 01309 Dresden, Hüblerstrasse 1 Federal Germany (called thereafter “Startnext”) and is the operator of Startnext, a community portal allowing individuals and legal persons as well as partnerships with legal status to plan projects, co-finance them and introduce them to the general public.
§ 2 Definitions
- “Users”: persons visiting Startnext web pages;
- “Participants”: registered users;
- “Starter”: participants presenting a project for which they are trying to find sponsors;
- “Supporters”: participants who have declared that they are willing to support individual projects or several projects;
- “Account”: the user’s accounts of the participants;
- “Open space”: all the pages accessible to all Startnext users;
- “Closed space”: all the pages accessible only to the participants of Startnext;
- “Project”: the project presented by the initiator which states the activities, the launching and closing dates, the time frame, the costs, resources and concrete goals;
- “Project pages”: pages consisting of the presentation of their projects by the “starters”;
- “Financing”: the precise amount in € allocated to a precise project;
- “Score”: the total amount available in the supporter’s “account” to allocate money for promotion;
- “Project’s budget”: the amount required by the “starter” to realize his project. It is stated on the “project pages.”;
- “Financing goals”: the realization of the contributions at 100% of the amount required for the project;
- “Support assets”: the sum of all the supporters’ accounts administered by Startnext;
- “FidorPay”: a virtual useable account proposed by Fidor Bank AG on the basis of a particular contract with the participants, which is a prerequisite for any financial transaction on startnext.de.
§ 3 Startnext services
(2) Startnext provides the participants with an “account” and is responsible for promotion and advertisement for the Startnext platform in general and for each particular project. Startnext does not intend to allow financial support to any project.
(3) The data and information are transmitted to Startnext’s portal online, through the browser of the users’ individual computers.
(4) The services and procedures are detailed in Startnext’s webpages. Startnext can make improvements, extensions or perform updates on the portal at any time, in a spontaneous, autonomous way. However, such measures must be acceptable and bearable for the users.
(5) Startnext can entrust these services to a third party.
(6) As long as the use of the platform is free for all users, they are not allowed to demand its maintenance.
(7) For enterprises (according to §14 of the German Civil Code), Startnext also offers a subscription for additional services, such as Premium profiles with additional features and services.
§ 4 Registration as participant, contract transaction
(1) The use of the closed space (e.g. to display the project, the publication wall, the self-introduction, images or downloaded videos) requires a sustained registration. This registration is performed by submitting the required data on the online form. Through the registration, the user makes a formal proposition, preliminary to the conclusion of a contract allowing him to use Startnext’s services. An e-mail will confirm that the data have been successfully transmitted. This confirmation of your access to the portal is not a formal agreement; it allows the participant to check his data and confirm them if necessary. The confirmation of access to the portal constitutes a final authorization only if it has been expressly declared by Startnext. The transaction and a contract relationship are realized only if Startnext expressly or tacitly accepts the proposition, e.g. by allowing the participant to use the Startnext services. The user has to abide by the terms of the offer for three days.
(2) Individuals who do not enjoy full legal independence cannot use Startnext or register.
(3) Only one participation is allowed. Double-registration is impossible.
(4) Even if all the conditions are fulfilled, Startnext reserves the right to refuse registration without stating the reason.
§ 5 Pricing and payment of the additional services for enterprises
(1) The prices set in the contracts are in force. The participant, as an enterprise, is informed of the cost of the additional services before subscribing. All prices are gross prices, i.e. comprising VAT, if any.
(2) Startnext can count and impute after each service or on a monthly basis. The participant will be informed by mail that the invoice is on his account.
(3) Payment is performed either by invoice or direct debit. If a direct debit has been agreed, the customer allows Startnext to withdraw the sums he owes on a determined, operational bank account.
(4) If the payment is made by bank transfer after invoice, it must be done within seven days after receipt of invoice.
(5) Startnext can ask prepayments.
(6) The payment is considered achieved when the whole amount is available for Startnext. Split payments or final settlements are only possible if it has been expressly and clearly stated on the contract.
(7) In case of previous debts, the customer must understand that the payments will first be used to offset the arrears. The costs of suit or notice, payment reminders or interests on late can be put on the bill in the following order: costs of suit or notice, interests and last, the main amount.
(8) In case of late payment, Startnext can block the account of the participant until the payment is performed. There can be no claim thereafter.
§ 7 The cancellation right does not concern the enterprises or companies
If the user (§14 BGB) enjoys Startnext’s services as an entrepreneur, i.e. while engaged in a private practice or commercial activity, he cannot use his cancellation right.
§ 8 Opening of a FidorPay account at Fidor bank LC. FidorPay, paying bank transfer
(2) The supporters can also co-finance projects by bank transfer or direct debit. In this case, the supporter will transmit the necessary data and references for the co-financing on an account at Fidor Bank LC which Startnext will indicate. If the co-financing goals are not achieved, and if the participant does not have a FidorPay account, the participant can choose whether his money is transferred to the Crowdfonds or refunded to the participant. If the participant decides to give the failed co-financing to the Crowdfond, he allows Startnext to dispatch the unused amount to other projects presented on Startnext, at its discretion. The refunding of unused amounts is ruled by article §12.3.
§ 9 Online publication of the projects by the initiators
(1) After realizing a contract with Fidor Bank LC to use a FidorPay account in accordance with article §8 Abs.1, the Starter can publish his projects online on the project pages, so as to attract the attention of the supporters and reach the co-financing goals. The co-financing time online is limited to six months (see “deadline” thereafter). The starter cannot interrupt or end the project before the term of the co-financing period without expressly asking Startnext.
(2) The starter, according to Startnext’s indications, states the program of the project, its goals, the financing data, the time frame, and the co-financing required.
(3) At first, the online publishing of the project is free for the starter. A 9% standard fee, calculated based on the total amount collected, is due only if the financing goals are achieved within the time fixed by the starter. This standard fee includes VAT, if any.
(4) Once the project is published, the starter cannot change the time frame or financing goals. The starter can only change and enlarge his description by adding information or news. All updates are dated. This does not concern article §5.
(5) A subsequent modification of the dates of the project is exceptionally possible so as to shape or correct existing contents, only with Startnext’s prior agreement if required by the law or to protect third parties. If this causes additional costs for Startnext after modification or rectification, they will be the burden of the project initiator and will appear in a separate invoice.
(6) There will be no control by Startnext of the project’s description by the starter. However, Startnext reserves the right, without obligation on his part, to check the project’s data before publication and at any moment thereafter, or to lock it, wholly or partially so as to protect the rights of third parties or other participants if this becomes necessary due to opposition to or infringement of the legal provisions in the description of the project. In this case, Startnext will contact the starter and draw his attention to the issues. The starter will be able to shape or correct the contents according to §5.
(7) Startnext reserves the right to impose additional conditions to the publication of projects at any moment.
§ 10 The contract relationship between the starters and the supporters: incentive system
(1) A contract relationship between the starter and the supporter, aiming at realizing the project, starts as soon as the supporter allocates funds to a special project.
(2) The starter can promise a thank-you gift (e.g. his name in the booklet, the credits…) to the supporter, within the realization of a contract relationship. The supporter tacitly accepts this offer by allocating funds to the project.
(3) The agreements between the starter and the supporter, according to paragraphs 1 and 2, are submitted to the achievement of the funding goals. At the end of the appointed time, Startnext will give the participants the data required for the realization of the project, as defined in paragraphs 1 and 2.
§ 11 Supporting projects with a separate FidorPay account
(1) The supporter first selects a project on Startnext’s platform, and the thank-you gift he has chosen, and he chooses the amount he wants to give to support the project. On the project page, click on “support the project now”: the supporter’s FidorPay account opens on a separate window, which will allow him to check the data once more.
§ 12 No modification of the allotted funds by the supporter thereafter / refunding of the amounts before the end of the allotted time / refunding on the supporter’s FidorPay account / refunding of the management fees
(1) It is impossible to modify the attribution of the funds thereafter.
(2) If the funding goals are not achieved at the allotted time limit or if the project is cancelled by the starter, the amounts collected during the funding period will be refunded on the supporter’s FidorPay account.
(3) If the supporter does not have a FidorPay account (§8, paragraph 2) and wishes to be refunded before the end of the allotted time, the Fidor Bank AG transfers the amount on an anonymous account for the supporter. He will be informed of the operation by e-mail, according to §1. This e-mail will be sent by Fidor Bank AG at the @ address the supporter gave during his registration. Upon receipt of the e-mail, the supporter will have to choose whether he wants to be refunded via his FidorPay account or by bank transfer. (§8. Paragraph 1.)
§ 13 Achievement of the funding goals: the collected money is paid after deducing expences
(1) The funding goals will be achieved when, at the end of the allotted time, at least 100% of the required amount has been collected for the project. If the funding goal is achieved before the deadline, the starter will be allowed to exceed the ceiling.
(2) Taking into account the provisions stated in paragraph 1, the starter will have access to the collected sum during the funding minus 9% debited for Startnext’s fees (amount of the funding after deduction) on its FidorPay account.
§ 14 Common organization of the communication campaigns (PR)
(1) The starter can participate, if he asks to, to communication and public relation campaigns, under Startnext’s responsibility, if it belongs to his field of expertise.
(2) The starter will have to mention: “financed with Startnext”, in all public declarations and stance.
§ 15 Counting of additional allocations from enterprises
Starnext proposes paying additional allocations to participating supporters with an enterprises status, as a “premium” status. Beyond, it offers participants the possibility of mastering more largely and with more autonomy, its presence and presentation on Startnext.
§ 16 Annexes to users’ general obligations
(1) All Startnext users subscribe to general obligations concerning their behavior so as to guarantee that the process is in conformity with general and legal rules which. In case these rules are not respected, this could cause harm and lead to termination of the contract, and even to penalties. These general obligations regarding behavior are the following:
(2) The user must:
- Make complete and truthful declarations while registering or while filling any other information form for the contract or the project.
- Refrain from registering via third parties, directly or indirectly.
- Modify immediately the information if required in the administrative framework designed for this purpose.
- Guarantee that the user’s name and password are not disclosed to anyone.
- Keep anyone from using Startnext’s services on his account.
- Refrain from prefiguring passwords.
- Inform Startnext at once at the following address: email@example.com, in case of abuse, password or account hacking, or even if such hacking is suspected.
(3) The user has to be careful not to use Startnext’s services in a way that might break the law or morality, and to respect everybody’s rights. This includes the following obligations:
- The user is responsible for making sure that nothing he puts online might break the legal provisions concerning the protection of minors, the Human Rights or the copyright and Intellectual Property of any society, individual or legal person. The user will make sure that he is in possession of the copyright for any information he publishes online, including photos, videos, images, charts, music… For videos and photos, the user will also make sure that everybody has given his agreement concerning image right. Without such agreement, no online publishing is possible.
- The user will refrain from publishing racist, sexist, discriminating or politically oriented contents online.
- The user will refrain from overloading the network and servers with untargeted, anarchical or dilettante diffusion.
- The user will abide by the prescriptions of the National Commission for Computing and Liberties (NCCL).
(4) If the preceding rules are broken in any way, according to paragraphs 2 and 3, Startnext reserves the right to take all the measures it considers necessary to block immediately any suspect contents, to suppress them temporarily or permanently from the platform and services, and to cancel the contract without notice. This is also the case if a third party informs Startnext of the presence of contents breaking the rules defined in paragraphs 2 and 3, provided the complaint appears justified.
(5) The user will have to pay Startnext compensation for any loss it sustains, except if he is not responsible for it. The user will free Startnext from any liability in case of prosecution.
§ 17 Copyright and Intellectual Property
(1) The user will take into account the label right and other intellectual property rights, well as image rights (§16, paragraph 3.1).
(2) If the user publishes contents for which he possesses a copyright using Startnext’s services, Startnext reserves the right to administer and use these contents on its online portal within the scope of the services provided.
(3) Startnext aims at giving permanent access to an ever increasing amount of information. For this purpose, the users’ contributions will remain on the portal, on the open pages and on the closed pages. They can just be erased from the users’ project pages. The users irrevocably transfer the requested rights for these contents, even after the end of their registration as participants.
(4) The data published on Startnext’s website are submitted to the legal dispositions concerning data protection and intellectual property. The users are not allowed to copy these data without the temporary scope permitted by the person entitled. Therefore, the users will not be allowed to publish or rework these data within the scope of the temporary permission given by the entitled person.
§ 18 Privacy and protection of personal data
(1) The data published by the user are stored and used by Startnext within the strict scope of the conditions defined in the contract and strictly respecting the legal prescriptions concerning the protection of data (cf. Startnext’s declaration concerning the protection of data.)
(2) §16. Paragraph 3.4 applies regarding the protection of data by user.
§ 19 Legal responsibility
(1) Startnext is responsible for the compensations, refunding or repaying of useless expenditures, in whatever legal framework (e.g. due to irregular transactions or actions), only in the following cases:
a) In case of premeditation or guarantee, the user’s responsibility is unlimited.
b) In case of gross negligence, Startnext takes legal and civil responsibility towards the enterprises up to the ordinary loss anticipated in the contract. Towards consumers, Startnext’s legal and civil responsibility is unlimited.
c) In case of failing due to the neglect of an essential obligation whose realization is a compulsory preliminary to any regular and legal transaction in which the contract partner would trust completely and permanently (cardinal obligation), Startnext only takes responsibility of the loss up to the terms described in the contract. If Startnext does not fulfill its obligations within the allotted time, Startnext’s responsibility for the service in question will be unlimited, except if the fulfilling of the terms of the contract could have caused damages.
(2) If Startnext’s responsibility is suspended or limited, it is also the case for the personal responsibility of its contributors, representatives or any person acting as Startnext’s agent.
(3) In case of endangerment, attack on life, integrity or health, or in case of claims defined by the law concerning legal and civil responsibility of the production process, the legal provisions will automatically become effective.
(4) Startnext reserves its right of opposition in case of civil or penal co-responsibility. The user must protect the data, using all updated methods of the internet technology.
§ 20 Duration of the contract and termination in case of paying services
(1) In case of active use of one of Startnext’s paying services, the contract will last 12 months, subject to separate agreement or provisions. If there is no termination from one of the parties 3 months before the end of the 12 months period, the contract will be automatically renewed.
(2) In case of force majeure, or for substantial reasons, the right to terminate the contract remains in force.
(3) All termination must be made by mail or by fax.
§ 21 Modification of the general conditions
(2) In this case, Startnext will transmit the proposal for the modification to the users, specifying the reasons and the extent of the modification, in written form (e.g. via e-mail). The modifications will be considered accepted if the user does not oppose a formal veto in written form. Startnext must underline the consequences for the users in his information mail. The veto must be transmitted to Startnext within 6 weeks after reception of the information concerning the modification. If the user uses his veto, the modification proposal is considered rejected. In this case, the contract will be reappointed without the proposed modification, but can be terminated by one of the two parties without notice.
§ 22 Various details
(1) The operative jurisprudence is that of the Federal Republic of Germany, with the exclusion of the UNO’s right of acquisition.