Terms of Customer Services
These Terms of Customer Services are the basis for all contracts concluded by the user (“you”, “client”, “licensee”) with the provider of such services (“Yard” “contractor”, “licensor”, “we, “our”) for the provision of paid or partner services. This applies in particular to the placement of advertising formats, the creation and licensing of media, the distribution of events through our platform, and the placement of orders with third parties.
1 Terminology
1.1 An “advertising order” within the meaning of the following Terms of Customer Service is an order from a client to us to place one or more advertising formats, such as Message Partner, Premium Partner, or Diamond Partner.
1.2 An “event” within the meaning of the following Terms of Customer Service is an in-person or virtual gathering organized by third parties.
1.3 The “web app” is the online community of Yard for providing networking and learning features for users seeking to join its community.
2 Conclusion of a Contract
2.1 Offers by us are non-binding. A contract between us and the client comes only through textual confirmation of the order by us or through Completion of the order (payment accepted and confirmed by us). Oral confirmations, in particular by telephone, cannot replace textual confirmation.
2.2 These Terms of Customer Services are the only valid terms for providing paid services. The validity of the client’s general terms and conditions is expressly excluded if they do not match these Terms of Customer Service.
2.3 We are entitled to cancel orders within 30 days before the start of the order without giving reasons. This does not result in any liability on our side. Invoices that have already been paid will be paid back, minus any services already provided.
2.4 A cancellation of contractually agreed orders by the client is possible at any time. It must be received by us in text form. In the event of a cancellation at least 2 weeks before the start of the placement, the customer will not incur any costs. Later cancellations will be charged a flat rate processing fee of 50% of the net order value. In addition, the order value paid up to the time of cancellation will be invoiced – if necessary with an adjusted discount rate, if such has been agreed.
2.5 If a discount is agreed in a fixed-term contract, it is a one-time discount that is not offset in subsequent periods.
Payment
3.1 Prices of Services are specified on our website: https://www.yard.global/services/ – All prices to business users are displayed as net values. Depending on the client’s location and VAT settings, taxes may be applied to the net prices during checkout.
3.2 The remuneration applies in accordance with the order confirmed by us. If no remuneration is specified in the order confirmation, the prices valid at the time of the order resolution apply according to our price list.
3.3 We will submit the invoice in accordance with the regulation on remuneration for the execution of the order. The remuneration is due for payment within 14 days of invoicing by the client without any deductions. The receipt of payment on the account specified on the invoice is decisive for the timeliness of the client’s payment.
3.4 If the client is in default or if we become aware of a significant deterioration in the client’s financial circumstances, we can interrupt the execution of the current contract until all due obligations of the client have been fulfilled and demand a reasonable advance payment for further performance.
3.5 The client may only offset claims for remuneration by us with undisputed or legally established claims. If the client is a merchant, he can only assert a right of retention in cases of undisputed or legally established claims.
3.6 In the event of default in payment, interest will be charged 8 percentage points per year above the base rate of the European Central Bank.
3.7 All services remain the property of us until they have been paid for in full.
3.8 If the contract is a subscription, it will automatically be extended for the original booking period at the then current conditions unless the contract is canceled at least three months before the end of the current contract term. Payment for the extension will be made automatically via the originally chosen payment method, if available. The user is responsible for ensuring that payment information is current and correct to ensure seamless subscription renewal.
3.9 We propose amendments to these terms to the client by informing the client of the amendments by email or in writing no later than 90 calendar days before the proposed date on which the amendments enter into effect. Before the proposed effective date, the client may accept, reject or remain silent in relation to the proposed amendments. If the client remains silent within a period of 15 calendar days from receipt of the notification that we propose, the client will be deemed to have approved the amendments. If the client has objected to the amendments within 15 calendar days from receipt of the notification, the proposed amendments will not enter into effect. We will expressly mention this effect when proposing amendments to the client. Any objection must be submitted to the following email address: team@yard.global
For the avoidance of doubts, amendments with respect to the Fees or Services are subject to this section here as well as the corresponding Media Kit while the process of Section 3.10 applies.
3.10 The Fees or Services listed in the Media Kit may be amended by us in accordance with the procedure stipulated in Section 3.9 if:
a) the costs for making the Services available have increased;
b) the structure of the Fees for the Services shall be changed in total; or
c) the content of the License/Service has been expanded;
d) the value of the License/Services has increased;
e) an adaptation of the Fees is necessary to adapt the fee level of us to the respective fee level of other comparable service providers;
f) an adaptation of the Services is necessary to adapt the service level of us to the respective service level of other comparable finance communities;
The adjustments of the Fees and/or Services shall be made by us according to its reasonably exercised discretion, taking adequately into account the clients’ legitimate interests.
4 Advertising Formats
4.1 Advertising formats are only placed at the point specified in the advertising order and must correspond to the technical specifications.
4.2 A success of the advertising format is not guaranteed. If the remuneration relates to a certain number of third party contacts with the advertising format, this does not constitute an assurance that the number of contacts will be achieved.
5 Event Organization
5.1 Every party will pay its own travel and hotel expenses.
5.2 A reimbursement of the purchasing price is not possible in case of non-appearance of the client.
5.3 In case of sickness of the presentors, the event will be postponed to a later time. In that case, the event packages remains valid and a refund of the purchase price is not possible.
5.4 We reserve the right to postpone the event to a later date. In that case, the event packages remains valid and a refund of the purchase price is not possible.
5.5 Should the event be cancelled by order of public authorities and should the organizers decide to not postpone the event, two thirds of the purchase price will be refunded to the sponsor, one third will not be refunded.
5.6 If the event of the client is co-funded (such as the EDIT/EDITH program of the European Union), the client has to include the co-funder’s logos/names during all marketing initiatives to maintain co-funding of the event. If the client fails to include the logos/names in the marketing material, the client will cover the co-funding costs, in case t it be demanded by the co-funding organizations.
6 License Rights
6.1 Each party grants each other a simple and non-exclusive license to use its corresponding logo for promotion of the partnership. If additional graphics or files are shared among each other for carrying out the partnership, the same goes for such licensed media.
6.2 Each party may not use licensed media in any abusive, condescending, or otherwise objectionable manner or context.
6.3 Each party may not sell, distribute, license, rent, lease, lend, pledge or otherwise transfer, assign or sublicense the licensed media to any third party. The prohibition also includes the use of licensed media in all online templates or other online services that give a third party access to the downloads in any way.
6.4 Each party does not guarantee that there are licenses, rights or approvals with regard to the subject matter presented in the licensed media, be it logos, designs, architecture, furniture, people or other things. Copyrights, trademark rights, personal rights or other rights of third parties may apply to such items and the licensee is solely responsible for deciding whether third party approval is required and, if so, to obtain such approval.
6.5 If a third party asserts claims against the use of licensed materials by the licensee, the licensee is requested to inform the licensor immediately in writing. In the event of a legitimate objection, the licensee’s only legal remedy is for the licensor to decide, in its sole discretion, whether the licensee is entitled to exchange the materials or whether the contract is terminated in exchange for a reimbursement of the fee that has already been paid, if any. Licensee may not have any other right or claim of any kind in application of this limited warranty.
7 Restrictions on Content and Liability of the Client
7.1 We are entitled, but not obliged, to check the content of the advertising format. We are entitled not to place content that violates applicable law, statutory and official prohibitions or against common decency, or to terminate a placement. The same applies to links that lead to content that violates the aforementioned conditions. No prior notice or even a warning is required. We will immediately inform the client of the measure carried out. The client remains obliged to pay the contractually agreed remuneration.
7.2 Compliance with competition law as well as national and international copyrights and other property rights in the design of the advertising format and the content to be found under the link address is the sole responsibility of the client. The client exempts us from all claims due to a possible violation of the aforementioned rights through the publication of content and reimburses us for the costs incurred for a possible legal defense in full.
7.3 The template for the content to be published must correspond to the technical specifications in accordance with the technical requirements list and must be submitted to us no later than five working days before publication. If the submission is not delivered properly, i.e. not in accordance with the technical specifications, or if the delivery is delayed or subsequently, there is no entitlement to the contractually owed service by us. The client bears the risk in the transmission of content. The client remains obliged to pay the full remuneration. If the client requests this, we will return the template to the client after the order has been carried out. If the client does not request this within three months after the last placement of the advertising format, we are entitled to destroy the template.
7.4 After the order has been placed, the client must immediately check whether the content has been placed correctly. Any defects must be reported within the first week after the start of the placement. In the event of late notification of defects, the client bears the costs of the changes requested, provided that he could have recognized the defect.
8 Guarantee to the Client
8.1 If the execution of an order is canceled for editorial or technical reasons, due to force majeure, strike, due to legal provisions or other reasons, the execution of the advertising order will be brought forward or rescheduled as far as possible.
8.2 We will inform the client about the planned relocation at least five working days before the start of the now planned placement.
8.3 If the execution of the order can neither be brought forward nor rescheduled or if the client objects to the proposed forwarding, rescheduling or embedding in a different environment, the client is entitled to reimbursement of the payments made up to this point in time, insofar as these are advance payments. The production costs incurred by the client for the advertising format will not be reimbursed.
8.4 If the order provides for a certain volume of clicks / impressions to be delivered in a certain period of time and this does not succeed, the placement period will be extended until the corresponding number of clicks / impressions has been reached. Both the client and us, however, have the right to request, through textual information, that the respective other contracting party does not post the advertising format again and that our remuneration is adjusted accordingly.
8.5 If the remuneration for the placement of orders depends on the clicks / overlays achieved, only the ad server reporting by us is decisive.
9 Liability
9.1 Our liability in particular due to delay, non-fulfillment, poor performance or unlawful acts, only exists in the event of a breach of cardinal obligations on the fulfillment of which the client can particularly rely. The exclusion of liability does not apply in the event of intent and gross negligence or for liability due to guaranteed properties.
9.2 We are not liable for the brokerage of services to third-party providers and releases us from any liability in relation to services from third-party providers if the brokerage and performance of the service are not grossly negligent on the part of us.
9.3 The Yard Media Kit is part of this agreement and contains current and planned functionalities concerning our ecosystem. The information contained in the Media Kit, including descriptions of features and functionality, may be preliminary or represent planned future enhancements. While we will use its commercially reasonable best efforts to fulfill the promises and descriptions set forth in the Media Kit, the ultimate implementation as well as success of these features and functionalities may depend on various external factors outside of our control. This includes, but is not limited to, the level of engagement from individuals within our community, the ability to find a sufficient number of partners to support certain initiatives and the development of the FinTech sector at larged. Descriptions in the Media Kit are not and should not be construed as guarantees or commitments of future functionality. The Media Kit can be downloaded here: https://www.yard.global/services/
10 Provider of the Services
The services are offered by Gateflow GmbH, Platz der Einheit 2, 60327 Frankfurt am Main, Germany. If you have questions or comments about this document, please contact us at: team@yard.global
11 Final Provisions
Changes or additions, including side agreements and changes to these clauses, must be made in text form or writing. This also applies to the cancellation of this text form requirement. The place of jurisdiction is Frankfurt am Main, Germany.
Should individual parts of the above conditions be or become ineffective, their effectiveness remains otherwise unaffected. The law of the Federal Republic of Germany applies.
The latest version of this document can be found at:
https://www.yard.global/terms-of-customer-services/
Last updated: 2024-09-22