Terms and Conditions | Buchführungsheld

Please note: This English text is a convenience translation. Only the German version is legally binding.

(As of 05.01.2025)

1. Preamble

As contractor, Finanzspektrum GmbH provides services in the field of financial and business consulting as well as further services that are not separately regulated. In addition, it makes media content, information, and software available for use.
The offering of Finanzspektrum GmbH is aimed exclusively at entrepreneurs within the meaning of § 14 BGB. Consumers within the meaning of § 13 BGB are expressly excluded from using the services.
The client is any natural or legal person who uses the contractor's service offering, either for themselves or for third parties. The user is any natural or legal person who uses the provider's media content, information, and software.
While maintaining equal treatment of male and female contracting parties, the masculine form is used in each case for reasons of simplicity and better readability.
The following General Terms and Conditions apply to the contractor's business relationships as well as to the use of the media content, services, information, or software offered. Terms and conditions of the client that are not expressly acknowledged in writing by the contractor are non-binding, even if the contractor does not object to them. Deviations from these Terms and Conditions must be agreed upon in writing.

The offer to the client results from the respective current service description and price list on the website as well as other media of the contractor. All prices are exclusively net, plus the applicable statutory value-added tax.
The client's request for further services shall be deemed a binding offer to the contractor. Without a written agreement, the contractor's currently valid hourly rate applies.
In addition and as a flat rate, general expenses for photocopies, internet, postage, telephone and fax costs, as well as similar expenditures are charged.
Acceptance of the offer by the client takes place upon the first transfer of the information and documents necessary for carrying out the order, or upon granting access to electronic data or data processing systems.

The contractual relationship comes into being through acceptance of the offer and is deemed a service contract pursuant to § 611 BGB. Contracts with differing contractual conditions are only deemed concluded upon written acceptance by the contractor.
Depending on the selected subscription model, the following provisions apply:
- Annual subscription: The minimum contract term is 12 months. Payment is made annually in advance.
- Monthly subscription: Payment is made monthly in advance. The monthly subscription can be terminated at any time with one month's notice to the end of the current month.
Termination of a subscription is carried out exclusively via the app in the login area.
The contract is automatically extended by the respective subscription period (12 months for annual subscriptions, 1 month for monthly subscriptions), unless timely notice of termination is given.
The client may terminate the contractual relationship extraordinarily if the contractor increases prices by more than 10% compared to the previous year. Termination must take place within one month after notification of the price adjustment.
In the event of default in payment or a lack of cooperation by the client, the contractor is entitled to extraordinarily withdraw from the contract.

The contractor undertakes to render its services with the required care in accordance with its professional code of conduct.
The contractor takes the facts stated by the client, in particular numerical data, as the basis on the assumption that they are correct and complete. If the contractor identifies inaccuracies, it is obliged to point them out.
The contractor may also use newer or different technologies, systems, or standards to render its services, provided that no disadvantages arise for the client as a result.
The client is obliged to provide all information and documents required for the performance of the service in a timely manner.
If the contractor experiences delays due to a lack of cooperation by the client, the associated costs are to be borne by the client.

Finanzspektrum GmbH does not itself provide tax consulting services. Tax consulting and processing is carried out exclusively by Steuerkanzlei Rundholz-Nesse or other suitable tax consultants or auditing firms, which operate as independent companies. Finanzspektrum GmbH acts merely as a broker and is not responsible for the performance or quality of the tax consulting services.
The contract for the tax consulting services is concluded exclusively between the client and Steuerkanzlei Rundholz-Nesse or another suitable tax consulting firm. Finanzspektrum GmbH is not a party to this tax consulting contract.
Finanzspektrum GmbH assumes no liability for the correctness, completeness, or quality of the tax consulting services rendered by Steuerkanzlei Rundholz-Nesse or other suitable tax consultants. All claims in connection with the tax consulting services are to be asserted directly against the respective tax consulting firm.
If the brokerage by Finanzspektrum GmbH takes place on a commission basis, this will be made transparent to the client. This has no influence on the quality or the price of the tax consulting service.

The contractor is liable only for damages caused by gross negligence or intent.
Liability is limited to three times the value of the average quarterly revenue attributable to this contractual relationship, excluding value-added tax.
Liability for indirect damages or consequential damages is excluded.

Invoices are due within 14 days of the invoice date without deduction.
A first reminder to the client is free of charge. Each further reminder is charged at € 15.00.
From the onset of default, default interest at a rate of 8% above the base interest rate applies, but at least 12% p.a.
The contractor is entitled to assign claims to third parties. The client will be informed of this.

The contractor processes personal data exclusively in accordance with the applicable data protection provisions. Further details are governed by the privacy policy provided to the client.
All information obtained between the parties within the framework of the business relationship is to be treated confidentially and may not be disclosed to third parties.

Should any provision of this contract be or become invalid, the remainder of the contract shall remain unaffected. The invalid provision shall be replaced by one that comes closest to the economic purpose of the original provision.
By making use of the services offered, the client declares their agreement with these Terms and Conditions.
Amendments, supplements, and ancillary agreements to the contract must be made in writing.
The place of jurisdiction and place of performance is Aschaffenburg. The law of the Federal Republic of Germany applies.