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 (“Finance 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 carrying out events, 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 Finance Yard 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 order from a client to host and online or offline event on behalf of or in cooperation with the client, such as “Webinar Sponsor”, “Panel Sponsor”, or “Summit Sponsor”. An “attendee” is someone being invited to an event. “Network promotion” means any means of Finance Yard to promote an event to its own audience. “Video coverage” means to record an event and distribute it via Finance Yard’s social media channels and Youtube. “Venue” is the place where an event takes places, to be chosen/confirmed by Finance Yard.

1.3 The “web app” is the upcoming online community of Finance Yard for providing networking and learning features for users seeking to join its community.

2 Conclusion of a Contract

3 Payment

3.1 Prices of Services are specified in the Finance Yard Partner Kit and the website: https://www-dev.finance-yard.com/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 in accordance with the order confirmed by Finance Yard applies. If no remuneration is specified in the order confirmation, the prices valid at the time of the order resolution apply according to Finance Yard’s price list.

3.3 Finance Yard 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 Finance Yard becomes aware of a significant deterioration in the client’s financial circumstances, Finance Yard 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 Finance Yard 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 Finance Yard 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 Finance Yard proposes 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 Finance Yard proposes amendments to this Agreement, 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. Finance Yard will expressly mention this effect when proposing amendments to the client. Any objection must be submitted to the following email address: team@finance-yard.com

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 Finance Yard 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 Finance Yard to the respective fee level of other comparable service providers;
f) an adaptation of the Services is necessary to adapt the service level of Finance Yard to the respective service level of other comparable finance communities;

The adjustments of the Fees and/or Services shall be made by Finance Yard 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 Finance Yard reserves 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 Finance Yard is entitled, but not obliged, to check the content of the advertising format. Finance Yard is 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. Finance Yard 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 Finance Yard from all claims due to a possible violation of the aforementioned rights through the publication of content and reimburses Finance Yard 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 Finance Yard 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 Finance Yard. The client bears the risk in the transmission of content. The client remains obliged to pay the full remuneration. If the client requests this, Finance Yard 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, Finance Yard is 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 Finance Yard 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 Finance Yard, however, have the right to request, through textual information, that the respective other contracting party does not post the advertising format again and that Finance Yard‘s 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 Finance Yard is decisive.

9 Liability

9.1 Finance Yard’s 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 Finance Yard is not liable for the brokerage of services to third-party providers and releases Finance Yard 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 Finance Yard.

9.3 The Finance Yard Media Kit is part of this agreement and contains current and planned functionalities concerning the Finance Yard ecosystem. The information contained in the Finance Yard Media Kit, including descriptions of features and functionality, may be preliminary or represent planned future enhancements. While Finance Yard 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 Finance Yard’s control. This includes, but is not limited to, the level of engagement from individuals within the Finance Yard 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-dev.finance-yard.com/services/

10 Provider of the Services

The Finance Yard 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 Finance Yard at: team@finance-yard.com

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-dev.finance-yard.com/terms-of-customer-services/

Last updated: 2024-07-17