General Terms and Conditions for ReviewForest

Status: September 2021

§ 1 Scope and general provisions

1.1

For business relations between ReviewForest, represented by the Managing Director Leon Heuser, Großbeerenstr. 11, 10963 Berlin, e-mail: mail@reviewforest.org, phone: 030-692066255, fax: 030-692066259, and customers, the following General Terms and Conditions apply exclusively in the version valid at the time of the conclusion of the contract.

1.2

The GTC shall also apply to future business relations without ReviewForest having to refer to them separately.

1.3
The following General Terms and Conditions apply exclusively. Any deviating terms and conditions must be expressly agreed upon. Deviating terms and conditions of customers will not be recognized. 

1.4
The General Terms and Conditions can be displayed here and saved as a PDF using the browser's print function. The customer is also entitled to print them out. ReviewForest does not save the text of the contract.

1.5
The online store is operated in German and English. The contract language is exclusively German.

§ 2 Registration and conclusion of contract


2.1
ReviewForest's services are directed only to natural persons, legal entities and partnerships, provided they are entrepreneurs as defined by § 14 BGB. ReviewForest does not direct its services to consumers as defined by § 13 BGB.

2.2
Registration is required for the Customer to use the service.

2.3
The Customer is obligated to provide the data collected during registration truthfully and completely. The use of pseudonyms or stage names is not permitted. In case of a change of the collected data after registration, the customer has to update the information in his profile immediately.

2.4
When registering, the customer shall determine a user name and password within the scope of the technical possibilities. The customer must keep the access data secret and protect it from access by unauthorized third parties. If the Customer has lost the access data or if he discovers or suspects that his access data is being used by a third party, he must inform ReviewForest immediately.

2.5
There is no entitlement to registration. ReviewForest reserves the right to refuse the registration of the customer without giving reasons.

2.6
In the event of a serious violation of these Terms of Use, ReviewForest is entitled to immediately block the profile. This applies in particular:
- if false information was provided during registration,
- in the event of loss or suspected misuse of the access data by a third party
- if the customer has violated the General Terms of Use of ReviewForest
- or if there is any other important reason. 

2.7
By providing the billing data, the Customer declares that he is the authorized party with regard to the deposited payment data.

2.8
The presentation of services and goods on ReviewForest's website does not yet constitute a legally binding offer, but is merely an invitation to the Customer to submit an offer to conclude a contract.

2.9
By clicking on the "Book with costs" button, the Customer submits a binding offer to purchase the services and goods in the shopping cart.  2.10 After receipt of the order, the Customer will receive an e-mail with which ReviewForest accepts the offer (declaration of acceptance).

2.10
After receipt of the order, the Customer will receive an e-mail with which ReviewForest accepts the offer (declaration of acceptance).



§ 3 Subject matter of the contract


3.1
ReviewForest grants the Customer the provision of a digital evaluation forest, with which the Customer can advertise the sustainability of the company and via which the Users* can verify that the Customer has trees planted for reviews of the Users*. 

3.2
ReviewForerst also provides Customer with various promotional tools for online and offline marketing, such as a tree counter that can be incorporated on Customer's corporate website, or graphics for Customer's email signatures, websites, and corporate pages on social media. 



§ 4 Duration of the contract



4.1

The term of the contract begins with the sending of the declaration of acceptance by ReviewForest.

4.2
The customer can choose between a monthly and annual term. The fee is charged monthly or for one year in advance, depending on the chosen offer.

For the monthly term: The term of the contract is one month and is extended for another month at a time, unless one of the parties terminates the contract with a notice period of three days to the end of the respective contract month. A statement of reasons is not required. 

For the annual term: the term of the contract shall be 12 months and shall be renewed for another 12 months at a time, unless one of the parties terminates the contract with a notice period of three days to the end of the respective contract month. A statement of reasons is not required. 

4.3
The right to extraordinary termination for good cause shall remain unaffected.

4.4
Notice of termination shall be given in writing or in text form to the other party. It may also be made via the web interface at app.reviewforest.org.




§ 5 Granting of rights of use by ReviewForest



5.1
Web graphics for the purpose of digital use

a) ReviewForest provides the Customer with files for the purpose of digital use (hereinafter: "Web Graphics"). 

b) ReviewForest grants Customer a non-exclusive, non-transferable and non-sublicensable right of use to make the Web Graphics publicly available in digital form on Customer's website or on Customer's corporate page on social media, as well as in Customer's email signature, solely for the purpose of advertising with reference to the cooperation with ReviewForest and the related services. Any use of the web graphics beyond the foregoing requires the prior written consent of ReviewForest.

5.2
Print templates for print products 

a) ReviewForest provides the Customer with digital files for print products (hereinafter: "Print Templates"). 

b) ReviewForest grants the Customer a simple, non-transferable and non-sublicensable right of use to reproduce and distribute the Print Templates for print products of the Customer.

5.3
The customer is not allowed to change, edit or use individual parts of the web graphics or print templates. In addition, the customer is not permitted to make content available for retrieval on the web pages in which the web graphics are integrated that is illegal or immoral, discriminatory, racist, sexist, insulting, glorifies violence or is pornographic.

5.4
The right of use in 5.1 and 5.2 is limited in time and expires in any case at the end of the contract period. If the customer has booked a tree planting limit (see § 7.1b) and has reached this limit without terminating the contract, the right of use shall also expire automatically upon reaching the tree planting limit.

5.5
As soon as the Customer's rights of use expire, the Customer shall immediately remove the web graphics from all online company presentations and from the e-mail signature and immediately discontinue the use of all products containing print templates. 

5.6
The use of trademarks and other signs of partner companies and organizations of ReviewForest is prohibited without their prior express written consent.




§ 6 Duties of the Customer



6.1
The customer is responsible for fulfilling the technical requirements for the use of ReviewForest's offer (e.g. existence of a Google account, which enables reviews). These technical requirements are not part of the scope of services of this contract. 

6.2
The Customer itself is responsible for verifying the legal permissibility of advertising (including its manner) with ReviewForest and the related services. Any liability of ReviewForest towards the Customer for damages incurred by the Customer as a result of unlawful advertising with ReviewForest or the related services is excluded, subject to § 9. 





§ 7 Payment modalities



7.1
Use of the review forest

a) The customer is entitled to the following billing models for the use of the review forest: When registering for the first time, the customer can choose to be billed only for future new reviews or additionally to be billed for reviews that already exist on his Google page. 

b) In addition, the customer can decide whether he only wants to pay for a limited number of reviews (so-called tree planting limit) or an unlimited number of reviews within his contract period. The customer has the right at any time to cancel his tree planting limit, to increase it or to choose such a limit at a later date. 

c) The claim against the customer for the fee for a review becomes due with the publication of the review.

d) The fee for the services of ReviewForest are to be paid monthly. The billing month begins with the date of the conclusion of the contract. 

7.2
Additional servicesIf the customer chooses further services in addition to the use of ReviewForest, such as the production of printed materials, these will be charged separately depending on the chosen offer.

7.3
All prices are in euros plus the applicable statutory value added tax.

7.4
The method of payment is limited to payment by direct debit or credit card. 

§ 8 Warranty


The statutory warranty rights apply.




§ 9 Liability

9.1
ReviewForest is liable exclusively for intent and gross negligence. ReviewForest is also liable with respect to its vicarious agents only for intent and gross negligence. 

9.2
Excluded from the provision in clause 1 is liability for damages arising from injury to body, health and life as well as claims under the Product Liability Act.

9.3
Excluded from the provision in clause 1 is the liability for such damages which are based on a breach of essential contractual obligations. Material contractual obligations are those which arise from the nature of the contract and the non-fulfillment of which would result in the loss of the purpose of the contract or seriously jeopardize it. In this case, liability shall be limited to the amount of damages foreseeable at the time of conclusion of the contract and typical for the contract.

§ 10 Set-off, right of retention

10.1
The customer may only offset against undisputed or legally established claims. Set-offs shall be excluded from this if they are linked to the set-off main claim in a reciprocal relationship.

10.2
The exercise of a right of retention by the customer which is not based on a right arising from this contract is excluded.

§ 11 Place of Jurisdiction, Applicable Law
 

11.1
The contracts subject to these GTC shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

11.2
The place of performance and exclusive place of jurisdiction shall be Berlin, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. In all other cases, the statutory provisions shall apply.

11.3
ReviewForest reserves the right to sue the Customer at its general place of jurisdiction even in the case of clause 2.



§ 12 Final Provisions



12.1

Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The ineffective clause shall then be replaced by the contracting parties with a clause that comes as close as possible to the ineffective clause.

12.2

ReviewForest reserves the right to amend the General Terms and Conditions at any time. ReviewForest will inform about an adjustment on the website of the Online Shop. 

The General Terms and Conditions can be requested at any time or viewed, printed out and downloaded from the following website: https://ReviewForest.org/company/agb/.