Terms of Service / Allgemeine Geschäftsbedingungen

Terms of Service / Allgemeine Geschäftsbedingungen

General Terms and Conditions (T&Cs) of limbiq GmbH

Section 1 – Scope of application

  1. The following T&Cs apply to the use of the limbiq.com platform, hereinafter referred to as ‘limbiq’.
  2. Limbiq is directed exclusively at businesses, hereinafter referred to as ‘Clients’. A business is any natural or legal person or a partnership with legal capacity who/that, when concluding a legal transaction, is carrying out his/her/its commercial or professional self-employment.
  3. If the Client has contradictory or additional General Terms and Conditions, their application is hereby rejected. They shall become part of the contract only if we have expressly agreed to this or if these general terms and conditions provide otherwise.
  4. These General Terms and Conditions also apply to future business relationships with the Client, without requiring any further express reference thereto.

Section 2 – Subject matter of the contract

  1. Limbiq supports the organisation and collaboration among Clients. Limbiq provides a digital service specification and job directory and thus provides assistance in the coordination of jobs between Clients.
  2. Clients are split up into ‘client groups’, which in turn are split up into producing companies (hereinafter referred to as ‘Suppliers’), importers (hereinafter referred to as ‘Importers’) and freight forwarders (hereinafter referred to as ‘Forwarders’).
  3. Limbiq creates a Client directory. This allows Clients to find a contracting partner who/that is also a Limbiq member. Actual contracts are not arranged here.
  4. The Client consents to its limbiq membership being shown to Clients from other client groups. This particularly includes displaying the company name and the type of client account.
  5. Limbiq does not act as a broker.

Section 3 – Conclusion of contract

  1. Clients need to register to use our services. A contract concerning the use of our platform comes into force between us upon registration.
  2. The languages used to conclude the contract are German and English.
  3. Limbiq grants access to its platform and the interface specific to the client group upon conclusion of contract.
  4. Access is limited to the contractual term.

Section 4 – Terms of use

  1. The client accounts available to Clients are ‘Starter’, ‘Basic’, ‘Professional’ and ‘Enterprise’.
    1. Client account as an Importer:
      1. The ‘Starter’ client account allows access for one person.
      2. The ‘Basic’ client account allows access for three people.
      3. The ‘Professional’ client account allows access for six people.
      4. The ‘Enterprise’ client account allows access for any number of people.
    2. Client account as a Forwarder:
      1. The ‘Starter’ client account allows access for one person.
      2. The ‘Basic’ client account allows access for four people.
      3. The ‘Professional’ client account allows access for eight people.
      4. The ‘Enterprise’ client account allows access for any number of people.
    3. Client account as a Supplier:
      1. The ‘Starter’ client account allows access for one person.
      2. The ‘Basic’ client account allows access for three people.
      3. The ‘Professional’ client account allows access for six people.
      4. The ‘Enterprise’ client account allows access for any number of people.

    Those people allowed access to the account must be specified when the client account is created; they shall then receive personal login details.

  2. The client account may only be used by the specified people within the selected framework. Login details and passwords must be kept secret. It is not permitted to share these with people not included in the scope of use for the selected client account (Starter, Basic, Professional or Enterprise for Importers, Forwarders or Suppliers).
  3. The use of limbiq does not replace any legal documentation obligations for Clients.

Section 5 – Contractual term, termination, extension

  1. The contractual relationship is concluded for an unlimited period of time and may be terminated by either party on a monthly basis. Notice of termination must be given by the 15th of the month and becomes effective at the end of the month. If notice of termination is given after this date, it becomes effective at the end of the following month. To be valid, notice of termination must be given in text form, and must be sent to:
    Name/company: Limbiq GmbH
    Address: Alleestraße 80, 44793 Bochum, Germany
    E-mail address: info@nulllimbiq.com
  2. The right to extraordinary termination for good cause shall remain unaffected by this.
  3. After the contractual relationship comes to an end, all of the Client’s stored data shall be erased. The Client shall be notified when the data has been erased.

Section 6 – Price list, invoicing, payment

  1. The fee for using our services is based on the following price list:
    1. Sea / Air: EUR 5,00 per Shipment
    2. Truck: EUR 2,00 per Shipment

    When a shipment is started by the Forwarder, the shipment is eligable for billing. Depending on the list given above the amount of the shipment type will be charged to the Forwarder.

  2. Prices are net plus statutory VAT and are charged on a monthly basis.
  3. The amount of all monthly shipments will be consolidated in a monthly bill. The Client shall be sent a proper invoice to the e-mail address stated in the contract upon conclusion of contract.
  4. Payment of the agreed fee is due by transfer immediately on receipt of the invoice, at the latest by the payment deadline specified on the invoice.

Section 7 – Liability

  1. Limbiq is liable without restriction at all times for claims for damages caused by limbiq, its legal representatives or vicarious agents.
    • in the event of injury to life, body or health;
    • in the event of wilful or grossly negligent breach of obligation;
    • in the event of guarantee assurances, if agreed; or
    • if the scope of application of product liability law applies.
  2. In the event of an infringement of material contractual obligations which are essential for the proper performance of the contract and on the fulfilment of which the contractual partner may routinely rely (cardinal obligations) as a result of minor negligence on the part of limbiq or its legal representatives or vicarious agents, the amount of liability is limited to the damage that was foreseeable, and should typically be expected, at the time the contract was concluded. In all other matters, claims for compensation are excluded.

Section 8 – Final provisions

  1. Should provisions of this contract or a provision later incorporated into this contract be ineffective or unenforceable either in whole or in part, or later lose their effectiveness or enforceability, the validity of the remaining provisions shall remain unaffected by this. The same applies if it transpires that the contract contains a loophole.
  2. This contract is subject to German law.
  3. The place of performance is Bochum.
  4. The exclusive place of jurisdiction for all disputes arising from this contractual relationship is Bochum.

Date: 27/05/19