for the provision of services by marble booking, Jahnstrasse 30, 49525 Lengerich, Email: hello@marblebooking.app (hereinafter "Contractor") to its customers (hereinafter "Client")
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor incorporating these GTC.
1.2 The Contractor does not enter into contracts with consumers or private individuals.
1.3 The Contractor is entitled to subcontract the necessary services in its own name and on its own account to subcontractors, who may also use subcontractors themselves. The Contractor remains the sole contracting party to the Client. Subcontractors will not be used if it is evident to the Contractor that their use would conflict with the legitimate interests of the Client.
1.4 If other contractual documents or other terms and conditions in text or written form have become part of the contract in addition to these GTC, the provisions of these other contractual documents shall take precedence over these GTC in case of any conflict.
1.5 The Contractor does not recognize any terms and conditions of the Client that deviate from these GTC, unless expressly agreed otherwise.
2.1 The Contractor, acting as an independent entrepreneur, provides the following services to the Client:
marble booking is an online booking system that allows companies, freelancers, and business owners to manage their own offers, such as courses, coaching sessions, training, or webinars, and to enable bookings from participants through the system. These Terms of Use govern the terms and conditions for the use of marble booking.
marble booking is available regardless of region or age and can be used in both German and English. The use of the booking system requires a paid subscription, which must be completed after a possible 10-day trial version. The trial version ends automatically, and no costs are incurred if no subscription is taken out.
Payment for the marble booking subscription is made through various payment methods depending on the region and browser of the users. The invoice for the subscription is automatically generated and sent to the users by email. The customers of the users have only the option to pay by invoice.
Users of marble booking can create and manage offers and enable bookings from participants via individual landing pages. After booking, the customers of the users automatically receive an email confirmation with all relevant booking information. An invoice can also be attached to the email upon request.
Users are responsible for creating their own cancellation and refund policies and communicating these to their customers. marble booking allows users to cancel bookings in the system, after which a cancellation confirmation is automatically sent to the customers of the users. A corresponding cancellation invoice can also be generated and sent by email to the customers if necessary.
Users are required to mention the use of marble booking in their privacy policy and obtain the consent of their customers to the terms of use and privacy policies of marble booking. Users must also ensure that the handling of the collected personal data complies with the GDPR.
The data protection provisions of marble booking can be viewed here. The data of the booking system is stored on German servers in the databases of the Supabase tool. Personal data is not shared with third parties and is transmitted exclusively via SSL encryption between server and client.
The prices for existing subscriptions are generally not changed. If a price change is necessary due to the economic situation, marble booking will announce this in advance and allow a reasonable period for early termination.
2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.
2.3 The Contractor shall provide the contractual services with the greatest possible care and diligence according to the latest standards, rules, and knowledge.
2.4 The Contractor is obliged to provide the services owed under the contract. However, in the performance of his activities, he is not subject to instructions regarding the manner of providing his services, the place of performance, or the time of performance. However, he will determine the working days and time allocation in such a way that optimal efficiency in his activities and in the realization of the contract is achieved. The provision of services by the Contractor takes place only in coordination and in consultation with the Client.
The Client is responsible for providing the information, data, and other content required for the fulfillment of the services in full and correctly. The Contractor is in no way responsible for delays in performance caused by the Client's late or necessary cooperation; the provisions under the heading "Liability/Indemnity" remain unaffected by this.
4.1 The remuneration shall be individually agreed upon in the contract.
4.2 The remuneration is to be paid after the services have been rendered. If the remuneration is calculated based on time periods, it is payable after the expiration of the individual time periods (§ 614 BGB). In the case of cost-based billing, the Contractor is entitled, unless otherwise agreed, to bill the services provided on a monthly basis.
4.3 The Contractor shall issue an invoice to the Client after providing the services, either by post or by email (e.g., as a PDF). The payment is due within 14 days after receipt of the invoice.
5.1 The Contractor is liable without limitation for any legal reason in the case of intent or gross negligence, in the case of intentional or negligent injury to life, body, or health, based on a guarantee, unless otherwise regulated, or based on mandatory liability. If the Contractor negligently breaches a material contractual obligation, liability is limited to the contract-typical, foreseeable damage unless unlimited liability applies as per the preceding sentence. Material contractual obligations are those duties imposed on the Contractor by the contract for achieving the contract's purpose, whose fulfillment enables the proper execution of the contract in the first place and on which the Client regularly relies. Otherwise, liability on the part of the Contractor is excluded. The aforementioned liability provisions also apply to the Contractor's vicarious agents and legal representatives.
5.2 The Client indemnifies the Contractor from any third-party claims asserted against the Contractor due to violations of these contractual terms or applicable law by the Client.
6.1 The contract duration and the periods for ordinary termination shall be agreed upon by the parties individually.
6.2 The right of both parties to terminate the contract without notice for cause remains unaffected.
6.3 The Contractor must promptly return or destroy any documents and other content provided by the Client after the contract ends, at the Client's discretion. The assertion of a right of retention to such documents is excluded. Electronic data must be fully deleted, except for documents and data subject to a longer statutory retention period, but only until the end of the respective retention period. The Contractor shall confirm the deletion in writing at the request of the Client.
7.1 The Contractor will treat all processes that come to his knowledge in connection with the assignment strictly confidentially. The Contractor undertakes to impose the obligation of confidentiality on all employees and/or third parties who have access to the contractual information. The obligation of confidentiality shall apply indefinitely beyond the duration of this contract.
7.2 The Contractor undertakes to comply with all data protection regulations, in particular the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act, when carrying out the assignment.
8.1 The law of the Federal Republic of Germany applies, excluding the CISG.
8.2 If any provision of these GTC is or becomes invalid, the validity of the remaining GTC shall not be affected.
8.3 The Client will support the Contractor in the provision of his contractual services by performing appropriate acts of cooperation, where necessary. In particular, the Client will provide the Contractor with the information and data required to fulfill the contract.
8.4 If the Client is a merchant, a legal entity under public law, or a special fund under public law, or has no general jurisdiction in Germany, the parties agree that the place of jurisdiction for all disputes arising from this contractual relationship shall be the seat of the Contractor; exclusive jurisdictions remain unaffected.
8.5 The Contractor is entitled to amend these GTC for objectively justified reasons (e.g., changes in legislation, jurisdiction, market conditions, or business strategy) with appropriate notice. Existing customers will be notified by email at least two weeks before the changes take effect. If the existing customer does not object within the period set in the change notice, their consent to the amendment shall be deemed given. If they object, the changes will not take effect; in this case, the Contractor is entitled to terminate the contract at the time the change takes effect. The notice of intended amendment to these GTC will highlight the deadline and the consequences of objection or lack thereof.