§ 1 General Information
(1) We grant Participants the right to use our platform to start (hereinafter “Start“) crowdfunding campaigns (hereinafter referred to as “Projects“) pursuant to the supplementary provisions set out below.
(2) Therefore, these Terms and Conditions of Use (hereinafter referred to as “Starter Conditions“) apply to the Start of Projects as a supplement to our General Terms and Conditions of Use. In the event of conflicts between the General Terms and Conditions of Use and these Starter Conditions, the Starter Conditions shall prevail.
§ 2 Personal Prerequisites for the Start of Projects (Trust Agreement and Verification), Exclusion of Consumers as Starters
(1) Before the Start of your first Project, you are also obliged to undergo a Verification (Art. 7).
(2) The Start of any Projects is only possible if you perform an entrepreneurial activity within the meaning of Section 14 of BGB [German Civil Code], i.e. for the exercise of your commercial or self-employed professional activity. Any Start of a Project by consumers (Section 13 of BGB) shall be excluded.
(3) We shall be entitled to an extraordinary right of withdrawal or termination with regard to any type of agreement concluded with us, insofar as you fail to comply with your obligation set out in paragraph 1 and 2, or if you fail to comply with it in full, or if you fulfil it insufficiently. In such case, we may decide whether we wish to terminate any and all or only some parts of the existing agreements.
§ 3 Prerequisites for Projects with Regard to Contents, Obligation to Obtain Legal Advice by Starter and to Comply with Legal Obligation to Inform, Changes after the Start of the Project
(1) Starter has been informed that, if they receive any support from the User of the Platform, a separate contractual relationship will be established with them which is independent from that with the operator of the platform (e.g. donation contract, purchase agreement, contract for work or service agreement) (“Funding Contract”). Starter will present the project plan and the objective of the Project both as regards time and contents and will determine the desired Funding Threshold as well as the Funding Target or Funding Limit, if desired.
(2) The operator of the Platform will not give any legal advice. Before the Start of their Project, Starter shall be obliged to obtain comprehensive information on its legal prerequisites. If Starter does not have the required knowledge, they shall be obliged to contact a lawyer. That shall apply also if Starter uses examples for wording, samples or notes from the FAQs of the Platform or of third parties.
(3) Starter shall be obliged to comply with any and all legal obligations to inform – in particular on contracts on distance selling and electronic legal transactions. This also includes the preparation of an imprint which is in compliance with the legal requirements. The platform has dedicated indication fields which can be used during the set-up of the Project.
(4) No changes will be made to the Project within the last 24 hours before the end of the Financing Phase. The following applies before such period:
- Any subsequent change of a consideration promised for the funding shall always require the consent of the Supporters. Finlane GmbH will, as technical service provider of the trustor and on behalf of the Starter, inform FIDOR Bank AG as trustee about that fact. The request for consent toward Supporters is made with the notification by Starter together with the information on the change. If Supporter fails to make a communication, their offer for support will automatically be rejected by Starter and their Funding will be retransferred.
- If the Financing Phase is subsequently shortened or extended and/or if the Funding Threshold is increased or decreased, no consent of the Supporter shall be required as – and the parties agree on that fact – any prevention of the satisfaction of a condition in bad faith (Section 162 subsection 1 of BGB) or the bringing about of a satisfaction of a condition in bad faith (Section 162 subsection 2 of BGB) do not apply here, as a Starter is required to make an acceptance at the end of the campaign and as a fundamental option to cancel it at any time is available (apart from the last 24 hours before the end of the Financing Phase).
- Insofar as no consent of Supporter is required, that person will only be informed about the change by trustor.
§4 No Costs for the Establishment of the Project before its Start
The mere preparation of Projects (“draft phase“) in your account is free of charge for you as Starter. Costs may only arise for you pursuant to Art. 5 when the Project enters the Financing Phase. The costs of other services of Startnext (e.g. booking of workshops) are subject to the prices agreed therein.
§ 5 Costs after the Start of a Project
(1) If maturity of disbursement is achieved, startnext may charge a fee, the amount of which is specified in the price table for Starters prevailing on the date when your Project starts. If a Project does not achieve maturity of disbursement, startnext will not charge any fees, unless otherwise agreed for an individual case.
(2) For any costs after the Start of a Project, for services of startnext and/or the company Finlane GmbH for premium services, please refer to the price table for premium service as applicable at the Start of the Project or – in case of a subsequent booking of the additional service – on the date of booking. When you book the additional service, we will inform you expressly of the costs arising then.
(3) Changes of charges apply only to those Projects which enter the Financing Phase after the change was announced on our website.
(4) Starter shall be responsible themselves for any taxes and other charges which might apply to the Fundings received or which apply when Starter renders any services to Supporter.
§ 6 Conclusion of the Contract on the Project Start and Additional Services, if any
(1) When you complete the draft phase by finally clicking on “Request status change“, in order to change to the start phase, you make a binding offer for the conclusion of a contract on the start of the Project on our Platform.
(2) If your Project was successfully verified for plausibility by an associate of startnext in compliance with the Startnext Guidelines, your Project will be put in the start phase and we will inform you about that fact by email.
(3) We reserve the right to reject your Project without stating reasons, even if you meet all prerequisites for the Start of the Project.
§ 7 Verification and Legitimisation of Starters
(1) You as Starter may inspect within your Project the procedure of verification and legitimisation as well as the status of your verification.
(2) Starters who, in addition to the trust account, open their own account with Fidor Bank, must please perform the verification and legitimisation with Fidor Bank AG.
(3) In all other cases, Finlane GmbH will take over the relevant verification of identity and legitimisation of Starter according to the anti-money laundering laws.
§ 8 Sequence of the Project (Start and Financing Phase)
(1) The “start phase“ is a period before the Financing Phase during which a Project is publicly accessible, but cannot be funded yet. During the start phase, Starter may perform his verification (Art. 7 of the Starter Conditions) and may still completely process the Project. A Project will leave the start phase when the necessary conditions for the Financing Phase have been achieved and when it was activated by the team of the platform operator at Starter’s request.
(2) If the Project enters the Financing Phase, any subsequent changes of the project description can no longer be made unilaterally – apart from making blog entries, entering profile and team information, adding and editing partners, adding of new thank you notes as well as changes to non-booked thank you notes. The Starter may only expand the scope of the project descriptions by messages on news (updating). Each update will be indicated by a change of the date.
(3) Any subsequent change of the project data will, deviating from paragraph 2, be possible in exceptional cases only to correct or specify in more concrete terms any already existing contents, after having obtained our prior approval, if that is required by law or for the protection of third party rights. Any extra costs arising for us out of or in connection with the changes pursuant to this paragraph shall be borne by Starter and will be invoiced separately.
(4) We will not check the contents and/or perform a legal control of Starter’s project description. However, we reserve the right, without being obliged to do so, to check project data before activating or at a later time on the basis of spot checks and to temporarily block them, in whole or in part, to protect other Users or the rights of third parties, if that seems necessary on account of conflicts or the infringement of property rights in the project description. In that case, we will inform Starter of that fact, inform them about any problems and give Starter the opportunity to correct or specify in more concrete terms the contents pursuant to paragraph 5.
(5) We reserve the right to subject the Start of Projects, at any time, to other additional prerequisites.
§ 9 No Changes after Completion of the Project
(1) For documentation purposes, Projects cannot be deleted if such have reached the Financing Phase. After completion of a Project, the data of the Project can no longer be changed. It is only possible to write new blog entries.
(2) Even a deletion of Starter’s account after the completion of the Project will have no effect on the contents of the completed Projects.
§ 10 Right to Mention a Reference on the Platform by Platform Operator, Starter’s Obligation to Name the Platform, Collaborative Creation of Public Relation Measures
(1) As a Starter, you are obliged to grant us the option to take part in public relation measures, at our request.
(2) For any and all publications and results of successful Projects (e.g. CDs or DVDs as a thank you) regarding the Project, Starter must include the sentence: "Crowdfunded by Startnext" if the project achieves the Funding Threshold.
(3) Our logos to fulfil your duties arising from paragraph 1 and 2 are available in our style guide.
§ 11 Granting of Rights by Starter
(1) Our platform grows by constant linking, public relations by us and by other Users and, in part, by targeted advertising. This is also in your interest and it is for that reason that you chose us.
(2) Insofar as we need to copy, distribute, make publicly available or otherwise exploit your contents in order to make advertising for your Project or for the Platform in general on our Platform or on the Internet sites of third parties , you grant the rights of use required to achieve the purpose of the contract – namely to reach a higher number of recipients for all Starters.
§ 12 Assignment in Advance of Payment Charges, Voluntary Donations and Commission, if any
(1) With regard to the claims for compensation which arise for Startnext Crowdfunding UG and/or Finlane GmbH against Starter on account of the assertion of claims for services liable to payment which have been identified separately as such (e.g. payment fees and/or agreements on commission) and to which they are entitled as such (Section 364 of BGB), Starter will assign his claims for payment against the relevant payment provider (e.g. FIDOR Bank AG) to Startnext Crowdfunding GmbH and/or Finlane GmbH up to the amount of the relevant claims. The prices for such services liable to payment which prevail at the time when the claim is asserted are set out in the relevant price table upon Start of the Project.
(2) After a notification was made by Finlane GmbH to the relevant payment provider, the payment will be made out of the money collected by Starter
(3) If Starter uses “Direct Debit“ and “Credit Card Payment“, they will instruct Secupay AG to make the relevant payment.
Version: June 2014