Naturefund Blue Planet Certificate
1. Subject of these Terms and Conditions
The Naturefund Blue Planet Certificate (hereinafter referred to as Blue Planet Certificate) provides services to business and end customers (hereinafter referred to as "customers") on the basis of the following terms and conditions.
Subject to these Terms and Conditions is the provision of the Blue Planet Certificate of the non-profit nature conservation organization Naturefund. Prerequisite for the use of these services by Naturefund is that the customer establishes an account with the Blue Planet Certificate. The customer himself chooses the scope of the services.
In addition to the basic services, additional services can be booked optionally. The provision may be subject to charges. The basis for this is the order form in the customer account.
All services can be found on the website of the Blue Planet Certificate, in the personal account of the customer or can be requested directly from the Blue Planet Certificate. The Blue Planet Certificate reserves the right to extend and / or modify its services. This is particularly the case when legal or regulatory requirements or adjustments to technical progress make this necessary. The Blue Planet Certificate will notify its customers of such changes in due time. Should the changes lead to customer's disadvantage, the customer is entitled to immediate cancel his contract.
2. Scope of application
The Terms and Conditions apply to all services of the Blue Planet Certificate regardless of the scope of the selected services. The Terms and Conditions apply exclusively and have priority over any deviating business conditions of the customer. The possibility of making differing written agreements between the Blue Planet Certificate and the customer remains unaffected. Deviating mandatory legal regulations have priority.
The Blue Planet Certificate was developed exclusively by Naturefund. All proprietary rights and intellectual property rights in all its components are owned by Naturefund.
The software of the Blue Planet Certificate may only be used within the scope of these terms and conditions. Your full or exclusive transmission, dissemination or reproduction, as well as the full or exclusive publication of its contents or its use for other purposes, is prohibited without the expressed written consent of the Blue Planet Certificate.
4.1. The Blue Planet Certificate will use its fees minus the cost of running the certificate, public relations and administration for the preservation of natural ecosystems.
4.2. The Blue Planet Certificate provides the customer with a clear picture of how the share of the respective fees is used to maintain natural ecosystems. Examples for the transparent presentation of the use of funds for afforestation and the conservation of ecosystems can be found on the Naturefund e. V. website (http://www.naturefund.de).
5. Services provided by Blue Planet Certificate
5.1. The Blue Planet Certificate provides a technical application for a climate certificate based on the data of the United Nations Framework Climate Change Convention (UNFCCC). All data are mean values and approximations. There is no guarantee of completeness.
5.2. Once the customer has paid the first monthly rate for a certain number of trees, he receives the access data to the certificate, to integrate it for example in his website.
5.3. The Blue Planet Certificate offers the customer a personal account, in which their own data can be entered and managed. Here are also the supported projects by the customer's contribution listed.
5.4. Information on the customer's contribution, Emission balancing measures and the supported projects are available to all visitors of the Blue Planet Certificate website.
5.5. Naturefund endeavors to plant the quantity of trees paid by the customer or to obtain ecosystems which bind the corresponding quantity of CO2. The data of the UNFCCC are the basis for the quantity of CO2 stored by natural ecosystems. All data are mean values and approximations. There is no guarantee of completeness. Naturefund strives to save approximately 10% per project compared to the CO2 equivalent stated by the UNFCCC.
5.6. Naturefund is committed to providing the best possible afforestation and nature conservation for each location and vegetation type. The criteria for this are feasibility, effectiveness, scientific knowledge and acceptance by the people living there. All measures are based on the overall objective of preserving natural habitats and promoting their capacity to bind CO2. Naturefund provides transparent and timely information on the measures and protection projects on its website. 6. Participation and duties of the customer
6.1. The customer shall promptly register changes to his data or changes in the commercial register or company contract in his Blue Planet Certificate account.
6.2. Faults, deficiencies or other impairments are documented by the customer with a sufficiently detailed description and sent to the Blue Planet Certificate. The Blue Planet Certificate tries to solve these impairments in a timely manner.
6.3. The Blue Planet Certificate is not related to the customers quality of his products and services. The customer handles all complaints of his contract partners / customers directly with them and releases the Blue Planet Certificate from claims of his contract partners / customers.
7. Payment modalities
The following payment methods apply to the use of the Blue Planet Certificate:
7.1. The amount of usage and performance fees is determined by the order form in its current version, which the customer fills out and submits when setting up his account. The respective valid order form can be viewed by the customer at any time in his personal account within the Blue Planet Certificate. Likewise, the customer can change the amount of the usage and service charges with the Blue Planet Certificate. Changes are valid from the date of entry for the future. Changes are deposited in the account of the customer.
7.2. The monthly minimum charge for the use of the Blue Planet Certificate is currently € 12.00 plus 19% VAT. Naturefund is a non-profit organization, but the advertising character of the Blue Planet Certificate is given. Therefore, it is an economic business of Naturefund, which is subject to the VAT rate of 19%.
7.3. Naturefund reserves the right to implement other conservation measures instead of a tree. The overarching goal is to maintain natural ecosystems and to promote their carbon sequestration. Care is taken to ensure that the amount of CO2 charged by the customer is kept. The data of the UNFCCC are the basis for the quantity of CO2 stored by natural ecosystems. All data are mean values and approximations. There is no guarantee of completeness. Naturefund informs about the measures promptly on its website.
7.4. The invoice is sent electronically in the form of a PDF document, which is sent to the customer by e-mail as well as deposited in his account with the Blue Planet Certificate. The customer receives at least one detailed annual statement. He can choose a more frequent invoice in the order form.
7.5. The customer authorizes the Blue Planet Certificate to collect all usage and performance fees by direct debit, credit card or PayPal. The customer is obligated to provide for appropriate registration. In the case of a reimbursement for which the customer is responsible, the customer shall bear the reimbursement costs.
7.6. The Blue Planet Certificate is entitled to adjust the usage and performance charges according to changed economic conditions. The Blue Planet Certificate will inform the customer by mail six weeks before an adjustment of the usage and performance charges. If the customer does not agree, he has the right to terminate the contract with the Blue Planet Certificate within a period of four weeks after receipt of the information. If the customer does not make use of this right of termination, the change in the usage and performance charges becomes effective.
8. Period of use
The usage rights will be granted after the successful debiting process for a period of one month and will automatically be extended by another month as long as the customer does not cancel the contract beforehand. Payments made once will not be refunded.
9. Conclusion and right of termination
9.1. The contract between the Blue Planet Certificate and the customer becomes active when the customer accepts these terms and conditions. The contract can be changed or extended by means of the order form in the respective account for the use of certain products by the Blue Planet Certificate.
9.2. Both contracting parties may terminate the contract with effect from the end of the month until the 20th of the month and by giving reasons.
9.3. In the case of termination of the contractual relationship, for whatever reason, all claims for the use of the services of the Blue Planet Certificate expire. The customer is obliged to pay all open usage and performance charges immediately. The customer releases the Blue Planet Certificate from claims of third parties resulting from a contractual relationship between him and his customers. A reimbursement of fees paid is in principle excluded.
9.4. The right to extraordinary termination shall remain unaffected.
The Blue Planet Certificate shall be liable for the performance and performance of all contractual obligations for negligence and for breach of duty by employees and supporters according to the following principles:
10.1. The Blue Planet Certificate is liable for intentional and gross negligence within the law requirements on the part of the legal representatives or executive employees, due to deliberate violation of contractual obligations by supporters of fulfillment, injury to body, life and health as well as guaranteed characteristics of quality contracting parties agreed upon and the requirements of the Produkthaftungsgesetz.
10.2. The liability is limited to the typically foreseeable direct damage. Liability for loss of profit is excluded.
10.3. If the Blue Planet Certificate is liable as above from a violation of the contractual obligations, the liability is limited to 100 EUR per claim.
10.4. The Blue Planet Certificate is not liable for damages caused by errors that are beyond the scope of the Blue Planet Certificate (eg errors on the Internet connection).
10.5. The Blue Planet Certificate is not liable for any indirect damage or loss, such as loss of sales, loss of customer, loss of reputation, damage to reputation, other consequential damages or non-material damage indipendent from the liability (may it be caused by a breach of contract, unauthorized action or not meeting any legally required obligation). The Blue Planet Certificate is also not liabale on damages where it has no influence on the occurrence or development.
10.6. If the Blue Planet Certificate provides technical information or acts as an advisory body and this information or consultation is not part of the Blue Planet Certificate, contractually agreed scope of services, this is free of charge and without any liability.
11.1. The Blue Planet Certificate undertakes to collect personal data only if this information is provided voluntarily, for example within the scope of an account opening at the Blue Planet Certificate.
11.2. The Blue Planet Certificate is committed to the observance of the applicable data protection regulations, in particular from European Directive 95/46 / EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data Amtsblatt L 281, 23.11.1995, pp. 31-50). In addition, any creation, retention or use of personal data files is displayed accordingly.
11.3. Personal data will only be passed on to third parties or otherwise transmitted if this is necessary for the purpose of contract processing or for billing purposes and / or the customer has previously given his consent. The customer has the right to revoke a given consent with effect for the future at any time. Deviating mandatory legal regulations have priority.
11.4. The deletion of the stored personal data takes place when the customer revokes the consent to the storage, if the knowledge for the fulfillment of the purpose pursued with the storage is no longer necessary or if the storage for other legal reasons is prohibited.
11.5. The Blue Planet Certificate will not make the personal data accessible to third parties at any time without the express consent of the customer, as far as legal requirements do not preclude this principle.
12.1. Alterations or additions to the contractual relationship between the Blue Planet Certificate and the Customer shall be made in writing.
12.2. An assignment of claims by the customer against the Blue Planet Certificate is excluded.
12.3. Should individual points of this agreement be invalid or impracticable or become invalid or unenforceable after conclusion of the contract, the validity of the agreement shall remain unaffected. The ineffective or impracticable provision shall be replaced by the effective and enforceable provision which comes as close as possible to the purpose of the invalid clauses. The foregoing provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete. § 139 BGB does not apply.
12.4. Jurisdiction for all disputes arising from this contract is Wiesbaden. The contract is governed by German law, with the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Version from 01.01.2015