§ 1 Scope of services

(1) The following additional terms and conditions apply to all business centre services offered by ebuero AG. Besides these additional general terms and conditions, the subjects of this contract are the schedule of prices of ebuero AG, as amended, and the house rules of the leased business centre location provided to the customer upon placing the order.

(2) Subject to any other provisions in these additional terms and conditions, the general terms and conditions of ebuero AG (hereinafter „general terms and conditions“), as amended, shall apply and can be accessed at any time via https://www.ebuero.de/agb/english/.

(3) By ordering the service „Business Address“ the customer acquires for the duration of this contract the right to use in the course of business (on letter heads, websites etc.) as a business address the address made available by ebuero AG. However, this service does not include the right to use such business address in the legal notices on the customer’s website or for the entry in public lists or registers, unless the address is expressly marked as postal address or dependent branch office and unless the head office of the company is also mentioned. The customer is not entitled to use the business address as registered office or head office of its own company.

(4) The service „Registered Business Address“ includes the additional right to use the address in connection with all other entries and applications for registration (e. g. business registration, tax registration, entry in the commercial register).

(5) With regard to publications, applications and registrations arranged by the customer, the customer shall ensure that all commercial law, tax law and other legal and/or actual requirements of the relevant filings or applications for registration are fulfilled. ebuero AG is not liable for the fulfilment of any such requirements.

(6) The use of the additional service „Registered Business Address“ is not permitted if the customer merely ordered the „Business Address“. In case of any violation of this provision, the fee for the service „Registered Business Address“ shall from the beginning of and for the time of such unauthorised use be deemed to have been agreed according to the schedule of prices, as amended.

(7) The above mentioned business centre services may only be used by the customer itself in connection with the company indicated at the conclusion of this contract. Any use by third parties shall be excluded. If the customer contrary to contract leaves the address made available to it to any third party or if the customer itself uses such address in connection with any other companies not mentioned at the conclusion of the contract, the owed fee shall from the beginning of and for the time of such unauthorised use by the third party/parties be deemed to have additionally been agreed.

(8) In any case the services include the acceptance of incoming post for the customer sent to the business address as well as support services at the location from Monday to Friday from 9 a.m. to 6 p.m. (except for bank holidays) and the installation of a company name plate and the like (e. g. electronic display) in the foyer.

(9) The contract only provides for the acceptance of letters and small deliveries or parcels up to a maximum size of 60×30×15cm. The acceptance of larger parcels requires the prior announcement by the customer and the approval of ebuero AG. However, the customer has no legal claim that such deliveries must be accepted by ebuero AG.

(10) ebuero AG will hold ready for pickup any post accepted on behalf of the customer during the business hours mentioned in subpara. 8 or will forward such post in electronic form – after scanning it, if applicable – to the address indicated for such purpose by the customer. ebuero AG ensures that by providing the appropriate equipment and training of the relevant service providers all postal items sent to the business address made available to the customer arrive safely. ebuero AG shall not be liable for any errors by third parties, for example Deutsche Post AG.

(11) The forwarding of post only comprises the timely and proper sending or forwarding of such post.

(12) With respect to the performances and services provided by ebuero AG, the customer is not granted any protection of competition.

(13) The telephone and office service provided by ebuero AG is not a subject of this contract. These services are subject to the general terms and condition, as amended.

(14) If the customer ordered both, the service „Business Address“ and the Telephone and Office Service offered by ebuero AG (for example the package „Virtual Office with Full Service“), all such services are subject to the notice periods provided for in Section 3.2 of these terms and conditions.

§ 2 Customer’s obligations

(1) The customer shall not use the business centre services provided by ebuero AG for any business or private activities by which any statutory provisions – whatsoever – are violated or which might affect or damage the reputation of ebuero AG. The customer shall in connection with any legal or business relations avoid giving the impression that it is entitled to any other rights than the right to use the business address granted under this contract (for example, giving the impression that the customer is the sole occupant of the business centre location). With respect to the premises no unauthorised structural or other visual alterations shall be made.

(2) The customer shall inform ebuero AG if the customer itself or any contact person/representative designated by it is not available on the phone for more than 2 weeks and if, furthermore, such contact person/representative is not in a position to access certain messages on the customer’s behalf. The customer shall ensure that all technical equipment used for the reception of messages (mobile phone, fax machine etc.) is ready-to-receive, and that any post sent to the address indicated by the customer (address for the forwarding of post), including, but not limited to official notifications, if any, incoming at the business address may safely reach the customer.

(3) If it can be foreseen that the customer‘s use of the business address or any rooms additionally booked, including the relating infrastructure (e. g. foyer and waiting area), will exceed the usual extent and if this might also affect other customers of ebuero AG (for example by TV-shootings or "applicant castings"), ebuero AG shall be informed in time. Any such excess use shall require the prior consultation with and approval of ebuero AG, and ebuero AG may request a reasonable extra charge for such use.

(4) The customer grants ebuero AG a signed original of an authorisation to accept post to enable the acceptance of the customer’s post incoming at the business address.

(5) The customer shall forthwith inform ebuero AG of any change of address, the customer’s availability by phone, banking details, legal form of its statutory or legal representatives or any other circumstances which are important for the Contract.

§ 3 Beginning of the Contract; Termination; Obligations upon Termination of the Contract

(1) This contract begins on the agreed date.

(2) In the first contract year the notice period is one month to the end of the billing period (Section 4.3 of the General terms and conditions), and from the second contract year, the notice period shall be 3 months to the end of the billing period. The right to – extraordinary, if applicable – termination for important reason shall remain unaffected.

(3) ebuero AG is in particular entitled to extraordinary termination for important reason in any of the following cases:

a) the customer changes the address mentioned at the conclusion of the contract – such address shall be a different one than the business address provided hereunder (registered office, ordinary place of business or similar) – and fails to inform ebuero AG without request to do so within 14 days; address does not mean post office box or the like;

b) the customer is in default with respect to the payment of service costs from two invoices;

c) the customer is in default with respect to the payment of service costs in an amount exceeding double the amount of the credit limit (Section 4.6 of the general terms and conditions);

d) the customer violates by negligent behaviour any of the provisions of the contract and fails to remedy such violation within a reasonable period of time after receipt of a written warning from ebuero AG. In case of major violations no such warning is required;

e) there are major and plausible indications that the customer’s business conduct is immoral (Section 138 German Civil Code, BGB) or violates any statutory provision (Section 134 German Civil Code, BGB);

f) insolvency proceedings against the assets of the customer have been opened.

(4) Any termination by the customer shall be made as follows:

• on the phone via the customer hotline 0800 40400472 or +4930 469993300 indicating the pass word agreed for telephonic use at the beginning of the Contract („phone pass word “) within business hours from 9 a.m. to 6 p.m.,
• in writing by letter to be sent to ebuero AG, Hauptstraße 8, 10827 Berlin, or 
• in text form by fax message to be sent to 0800 40400473 or +4930 469993301 or via e-mail to be sent to service@ebuero.de.

In any case the customer immediately receives from ebuero AG a confirmation of the termination.

(5) A termination by ebuero AG may be made in writing or in text form. A termination in writing shall also be deemed to have been received by the customer if sent to the address last given by the customer, even if it was impossible to deliver the termination to such address or if it was not accepted.

(6) After the expiry of this contract the customer shall no longer use the address provided to it in any form whatsoever within legal or business relations. The customer shall in particular ensure that after the expiry of this contract the address is deleted from all public registers and other registers and is no longer mentioned on any websites the customer is responsible for or in the customer’s letterhead.

(7) If in violation of subpara. 6, the customer continues to use the address provided to it after the expiry of this Contract, an amount of 70 % of the costs to be paid for the authorised use shall become due for the time of such unauthorised use, provided, that the continued use of the address is not exclusively due to the fact, that it was impossible for the customer to cease the use of the address in time, notwithstanding the customer’s exercise of the due care. The assertion of such claim does not constitute an approval of the unauthorised use by ebuero AG; the assertion of the relating injunctive relief and the assertion of claims for damages shall remain unaffected.

§ 4 Security Deposit; Security

Pursuant to section 5 of the general terms and conditions, ebuero AG is with respect to the use of the services under Section 1 entitled to request from the customer a reasonable security deposit, the co- signing by a natural person and/or the provision of an equal-value security. The security deposit shall bear no interest.

§ 5 Meeting rooms

(1) Subject to availability and based on separate agreement, ebuero AG provides the customer with meeting rooms located in the business centres. The costs to be paid by the customer for the use of such meeting rooms, the size and equipment of such rooms depend on the applicable list of prices and services.

(2) If no meeting rooms are available at the dates requested by the customer, the customer shall have no claim to the provision of such rooms. The customer, however, is entitled to preferred consideration with respect to alternative dates. If a meeting room booked by the customer was already confirmed by ebuero AG, ebuero AG is entitled to allocate to the customer at the same price an equal-value or higher-value meeting room as a replacement for the confirmed room.

(3) The customer shall at the end of the agreed time of use promptly vacate the meeting rooms. The exceeding of such agreed time of use requires the express approval of ebuero AG and the payment of the respective fees. The same applies to any excess time of use not agreed in advance; in such case the customer shall pay the fees for such exceeding use of meeting rooms pursuant to the list of prices and services. ebuero AG reserves the right to claim further damages.

§ 6 Liability

(1) With respect to the liability of ebuero AG the provisions of Section 8 of the general terms and conditions apply.

(2) Furthermore, the customer shall be liable for any and all damages caused to the rooms and items of ebuero AG used by it. The customer shall also be liable for any such damages caused by any of its visitors, business partners, suppliers etc.

§ 7 Right of retention; Disposal of undeliverable post

(1) If the customer is in default with respect to the payment of service costs from two invoices or in the amount of more than double the credit limit (Section 4.6 of the General terms & conditions), ebuero AG reserves the right to suspend the forwarding of post to the customer until any outstanding payments have been received. The option of a personal collection of the post against presentation of a valid identity card shall remain unaffected.

(2) If any of the incoming postal items may be forwarded to the customer and if this is due to the customer’s failure to indicate an address for the forwarding of postal items pursuant to the provisions under Section 2, ebuero AG reserves the right to dispose of such postal items three months after receipt. If ebuero AG has been provided with any other contact (phone, e-mail) the postal items may only be destroyed after the customer has been informed of the disposal. The foregoing shall also apply if the requirements of subpara. 1 are fulfilled and if the customer was in time informed by ebuero AG of the disposal and was given the opportunity to enable the forwarding of the post by settlement of all outstanding payments or by personally collecting the post.

§ 8 Miscellaneous

(1) This contract shall exclusively be governed by German law.

(2) As far as the contracting parties may dispose of it (Sections 29.2, 38 German Code of Civil Procedure, ZPO), the place of fulfillment for all contractual claims of the parties and the place of jurisdiction for all disputes arising from this contract is the registered office of ebuero AG. The parties may also be sued at their place of general jurisdiction, respectively.

(3) If any of the provisions of these additional terms and conditions are invalid as a whole or in part, the validity of the other provisions shall remain unaffected. The parties shall replace the invalid provision by a provision which legally comes as close as possible to what the parties intended by entering into this contract.

This English version of the Additional General Terms and Conditions of the business centre services of ebuero AG is just for information purposes. The German version is legally binding.