§ 1 Scope
AllOfficecenters GmbH (“AllOfficeCenters”) supports its clients in the search for office space. The below terms and conditions outline the terms of a cooperation between the client and AllOfficeCenters.
§ 2 No contract conclusion between clients and AllOfficeCenters
AllOfficeCenters operates solely as an agent for the respective business centre. If a contract is concluded with the client and the respective business centre this involves solely a contractual relationship with the respective business centre and the client whilst taking the (general) terms and conditions of business of the respective business centre into account. AllOfficeCenters does not become a contractual partner. The general terms and conditions of the respective business centre are usually displayed before the contract conclusion and must be confirmed by the client. With all offered services, the client is obliged to inform himself on the legal consequences of a contractual relationship with the respective business centre before contract conclusion. AllOfficeCenters has no influence on whether the business centre will accept the offer requested by the client. The offers stated on the AllOfficeCenters website do not represent binding contract offers.
§ 3 Industrial property rights, copyright, accessing of offer, prohibition of commercial use
All domains belonging to AllOfficeCenters as well as the software and database these are based on are protected by copyright. AllOfficeCenters reserves all applicable rights based on law against unfair competition, copyright, brand or other laws which protect the site, internet offer or parts of this. This applies, in particular, to the rights for published texts, internet design and the logo which has been used.
§ 4 Liability
Details on the properties available to rent are based solely on the details which the business centre responsible for this has provided to AllOfficeCenters. They do not represent own details or an assurance of AllOfficeCenters towards the client. For the office space which has been provided, AllOfficeCenters does not assume liability for contract fulfilment by the business centre, solely for the correct forwarding of the information of the client to the respective business centre as part of the order assignment. Liability towards the client for the correctness of details provided by its contract parties is also excluded in so far as AllOfficeCenters does not forward this data with gross negligence or knowing them to be incorrect.
AllOfficeCenters does not assume liability for the uninterrupted availability of the system and the websites as well as system-related interruptions, failures and disturbances of the technical facilities and services of AllOfficeCenters. In particular, liability is excluded for the failure of communication networks and gateways. Liability is also excluded in all cases of minor interruptions in accessing the AllOfficeCenters online service.
In the event of damage caused in association with the commissioning service provided by AllOfficeCenters, AllOfficeCenters will in the case of simple negligence – irrespective of whatever legal reason – only assume liability for damage compensation for the client if a body, employee or agent of AllOfficeCenters has violated an important contractual obligation. In such a case, liability is limited to the damages typically caused and limited in sum to the cost of the service provided. AllOfficeCenters will only assume liability going beyond this if:
• damage has been caused by an intentional or grossly negligent breach of a contractual obligation by AllOfficeCenters, its legal representatives and/or agents
• AllOfficeCenters pledged a commercially essential property of the contractual service, either before or after the contract conclusion, and these properties were not given after the contractual services were fulfilled
• damage is caused by the intentional or grossly negligent violation of a main contractual obligation i.e. a contractual obligation which is of such significance for the client that he would not have concluded the contract without assurance that this contractual obligation would be fulfilled.
Claims against AllOfficeCenters for damage caused in association with the commissioning work performed by AllOfficeCenters expire after one year from the statutory onset of the time of limitation. Otherwise, the statutory limitation period applies.
§ 5 Data protection
§ 6 Prohibition of assignment
Assignment of the client’s claims against AllOfficeCenters is excluded.
§ 7 Links to third party websites
This website may include links to websites of other providers. Such hyperlinks are only provided as reference. AllOfficeCenters does not control such websites and is not responsible for their content. The inclusion of hyperlinks of such websites through AllOfficeCenters implies neither an approval of the material of these websites nor any association with their operator.
§ 8 Forwarding prohibition
All information provided by AllOfficeCenters is intended solely for the client. The client is strictly prohibited from forwarding this information concerning office space to third parties without the express permission of AllOfficeCenters or the business centre which must be obtained in writing beforehand.
§ 9 Place of jurisdiction and legal statute
The sole place of jurisdiction in commercial transactions is the principle place of business of AllOfficeCenters. If the client does not have a place of jurisdiction inland, the AllOfficeCenters place of jurisdiction at its principle place of business will apply. AllOfficeCenters is, however, also entitled to litigate any lawsuits or other legal proceedings at the general place of jurisdiction of the client. The contractual relations between both parties are governed by the law of the Federal Republic of Germany.
§ 10 Closing provisions
Finally, these general terms and conditions of business regulate legal relations between AllOfficeCenters and the client. Any amendments or supplements to these general terms and conditions require the written form for them to be effective; this also applies for their annulment. AllOfficeCenters reserves the right to change the terms and conditions of business at any time. The terms and conditions at the time of contract conclusion apply. If one or more of these provisions becomes invalid this will not affect the remaining provisions. This also applies if a part of a provision becomes invalid although another part remains valid. The contract parties should replace the invalid provision by one which comes as close as possible to the financial interests of both parties and does not contradict the remaining contractual agreements.
Updated May 2018