Legal matters

GTC

§ 1 Use of the Business Connect Service

Octavus provides the following services for the customer at the location:

1. mail addressed to the customer will be accepted and, at the customer's request, either retained or forwarded to the address specified in box 8 or to another address within Germany specified by the customer. Items requiring confirmation of receipt, registered mail and items delivered against a certificate of delivery will not be automatically forwarded to the customer. The customer will be informed by email on the day of receipt of the shipment and at the same time asked for a written reply within 10 days to inform Octavus of the desired procedure. If Octavus receives more than 50 mail items for the customer in one day, the customer shall pay a handling fee of 20% of their franking costs for the excess mail items received; Octavus will not accept items weighing more than 5 kg, longer than 50 cm and with a volume of more than 0.03 cubic meters; Octavus has the right, without giving reasons, (a) to refuse all mail or other items that have not been collected or (b) to refuse to accept any mail or other items that have not been forwarded to the customer. (b) refuse to accept an unreasonable number of consignments. After termination of the contractual relationship, the acceptance of consignments of all kinds by Octavus
denied.

2. the customer receives his own telephone line (subject to a charge) either with mailbox or with personal call acceptance. If Octavus provides the customer, at his request, with additional telephone lines, these are to be paid for separately; within the framework of personal call acceptance, Octavus is only obliged to accept 39 calls per month. Each additional call will be charged at EUR 1.20 plus VAT.

3. if requested by the customer, Octavus will forward calls to the telephone number provided by the customer within Germany. The customer will be billed for the resulting telephone charges. Up to three of the customer's employees are authorized to provide an additional telephone number so that the calls can be forwarded directly to you. The customer or his employees can change the telephone number provided by them by written notification.
to Octavus within the business hours specified in paragraph 4 (at the earliest) on the following working day. If a number is to be changed more than once within 7 days, Octavus will charge a processing fee of € 25.00 per additional change.

4. if you require Octavus personnel, mail and message forwarding is carried out from Monday to Friday between 8:30 a.m. and 6:00 p.m., with the exception of public holidays, and is charged at Octavus's then applicable rate.

§ 2 Additional services

1. the customer may make use of the following additional services, which shall be remunerated separately (hereinafter referred to as "additional services"):
a) Secretarial services;
b) Catering;
c) More from Octavus
Business services offered

2. the additional services are provided on weekdays between 8:30 a.m. and 6:00 p.m., except on public holidays, and are charged according to the applicable Octavus tariff.

3. the additional services can be ordered in advance. Octavus does not guarantee that the corresponding additional services will be available.

 

§ 3 Use of office and conference rooms

With regard to the Octavus office and conference rooms, which the customer is only entitled to use if a separate contract of use has been concluded, the following applies:
a) They are to be used exclusively for office use,
b) They are to be left in the condition in which they were found; the customer must inform Octavus immediately in writing of any damage caused by the customer himself and his employees and visitors,
c) The customer is responsible for any damage caused by himself, his employees and visitors,
d) Within the common areas of the premises, the interests of other guests must be taken into account.
users into consideration,
e) Dogs are allowed in the office and conference rooms.
f) The office and conference rooms are to be used exclusively by the customer and in particular may not be sublet.

 

§ 4 Obligations of the customer

1. the customer is prohibited from sending or delivering harmful, dangerous or bulky items to the Octavus office or arranging for them to be sent or delivered.

2. the customer is prohibited from engaging in immoral or unlawful transactions.

§ 5 Remuneration, terms of payment

The fee for the use of Business Connect (specified in field 2) and the VAT due on it are to be paid monthly and in advance to Octavus. All other fees are to be paid immediately by the customer according to the then valid Octavus tariffs. Payment shall be made either by bank transfer or by direct debit authorization. The payment must be indicated by the customer in field 4.

 

§ 6 Provision of security

1. the security deposit of three monthly fees (specified in field 2) is due for payment to Octavus Office & Service Berlin GmbH on the day the contract commences.

2 The security deposit that the customer has paid to Octavus serves as security for all present and future claims that Octavus is entitled to from and in connection with the Business Connect contract against the customer, in particular claims for payment, claims for damages and claims from unjust enrichment (§§ 812 ff. of the German Civil Code)
BGB)

3. the security deposit must be repaid without interest 30 days after termination of the contract if it has not been used.

4. should the additional services invoiced separately on a monthly basis exceed 50% of the security deposit, Octavus is entitled to demand a corresponding increase in the security deposit.

5 Octavus is not obliged to manage the security deposit in a separate account.

 

§ 7 Delay, exclusion from the use of the Business Connect Service

1. if the customer is in arrears with the payment of the owed remuneration, the security deposit or the increase of the security deposit by 7 days, Octavus is entitled to
(a) retain the customer's correspondence that has not yet been forwarded and
(b) to exclude him from using Business Connect and the other services until the arrears have been settled.

2. if the customer is repeatedly in arrears with payment, or in arrears with an amount that is higher than the monthly usage fee (§ 5), Octavus is entitled to terminate the contract without notice.

3. interest on arrears shall be charged at 8 percentage points above the base interest rate. If the customer is a consumer within the meaning of § 13 BGB, an interest rate of 5 percentage points above the prime rate shall apply. The assertion of higher damages caused by default shall remain unaffected.

 

§ 8 Duration and termination of the contract

1. this contract is concluded for a minimum period of 3 months, starting on the day agreed in field 5. This does not affect the right of Octavus to terminate the contract earlier if expressly stipulated in this contract. If the contract is not terminated by either party, it is automatically extended until it is terminated. Notice of termination must be given in writing with a notice period of three months to the end of the month.

2. the right to terminate the contract at any time without notice for good cause remains unaffected. Octavus is also entitled to terminate the contract without notice if insolvency proceedings are applied for against the customer's assets, if such proceedings are opened, if their opening is rejected due to lack of assets or if the customer has made a declaration in lieu of an oath.

3. notwithstanding clause 1, the customer is entitled to withdraw from the contract within 14 days of the start of the contract if he is dissatisfied with the service provided by Octavus. In this case, Octavus must reimburse the security deposit and the usage fee (§ 5), minus the additional services used and unpaid up to that point in accordance with § 2.

4 The Business Connect fee can be increased annually by Octavus Office & Service Berlin GmbH by 7% in relation to the service fee of the previous 12 months or at least by the amount of the inflation rate of the previous year if inflation is higher than 7%.

 

§ 9 Liability and insurance

Unless otherwise stipulated in these contractual conditions, Octavus is only liable for breach of contractual or non-contractual obligations in the event of intent or gross negligence. This applies in particular to claims arising from impossibility, delay, breach of secondary contractual obligations and unauthorized action, also insofar as such claims are in connection with the customer's warranty rights. However, Octavus is only liable for intent and gross negligence on the part of non-executive vicarious agents if they violate an essential contractual obligation.

 

§ 10 General provisions

1. the customer's rights under this agreement are not transferable.

(2) Should any provision of the Business Connect Agreement or these provisions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. Instead, the invalid or unenforceable provision shall be replaced by a provision that comes as close as possible to what the contracting parties intended to achieve economically with the provision it replaces. The same applies to the filling of any gaps in the contract.

3. this contract shall be governed exclusively by German law.

 

By signing the main contract, the conditions listed here are recognized.