Standard Terms of services by Beam my Presence to Germany UG (Beam)

Section I. Virtual Office Services

§1 General Terms for Virtual Office Services

(1) The purpose of the contract between the Customer and Beam is to provide of virtual office services, where the Customer can utilize post, phone calls and use other office services from Beam without renting any physical space. Beam hereby grants the Customer a non-exclusive, non-transferable, worldwide right to use Beam's services, solely for the Customer's own business purposes or as private person's manned mailbox subject to these standard terms and conditions.

(2) As part of Beam's services, Beam will provide the Customer with use of a software, including a browser interface, software applications and data encryption, transmission, access and storage. The Customer's registration for, or use of, Beam's services shall be deemed to be the Customer's agreement to abide by this Agreement including any materials available on the Beam website incorporated by reference herein.

(3) Beam alone (and its licensors, licensees, where or whichever applicable) shall own all rights, titles, and interests, including all related intellectual property rights, in and to the provided technology, the content, and Beam's services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Customer or any other party relating to Beam's services. This agreement is not a sale and does not convey to the Customer any rights of ownership in or related to Beam's services, the Beam technology or the intellectual property rights owned by Beam. Beam's name, logo, and any product names associated with Beam's services are protected trademarks of Beam or of third parties, and no right or license is granted to use them.

(4) The Customer may not access Beam's services if the Customer is a direct competitor of Beam – except with Beam’s prior written consent. In addition, the Customer may not access Beam's services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. The Customer shall not

(i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party Beam's services or the Content in any way;

(ii) modify or make derivative works based upon Beam's services or the content of Beam's website or promotional materials;

(iii) create Internet “links” to Beam's services or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; < br/> or

(iv) reverse engineer or access Beam's services in order to

(a) build a competitive product or services,

(b) build a product using similar ideas, features, functions or graphics of Beam's services, < br/>or

(c) copy any ideas, features, functions or graphics of Beam's services.

(5) This address qualifies as a corporation's registered address but not as a residential place of living. All rights not expressly granted to the Customer are reserved by Beam and its licensors and licensees.

(6) The Customer may use Beam's services only for the Customer's own and/or business purposes but shall not:

(i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;

(ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;

(iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

(iv) interfere with or disrupt the integrity or performance of Beam's services or the data contained therein;
or

(v) attempt to gain unauthorized access to Beam's services or its related systems or networks.

§2 Scope of Virtual Office and Execution

(1) Beam will accept postal items on behalf of the Customer at addresses where the Customer has booked a virtual postbox, and the Customer will be notified by email from Beam thereupon. Subsequently, the Customer will have the option of requesting the scan of the envelope and/or the materials enclosed or requesting the mail be forwarded to a Customer's given address. The Customer can manually choose an action for each received item or set up an automatic response through their account settings.

(2) After registering, Customers can generate further individual Postboxes. The Customer will be charged fees as determined by Beam’s services and fee outlines during the use of its services. Prices can differ for each location. The price lists are accessible online in the information section of the application under the menu item "Info/Pricing".

(3) After the postal items have been scanned, the Customer can download the scans from account for a time frame of up to a year as long during which this item remains in the Customer's postbox. After the physical postal item has been trashed or forwarded to the Customer, the digital item is put into a trash folder that is automatically empties therein saved items after 30 days. The Customer can then also manually delete the digital file of the item from the trash folder.

(4) Any postal items may be destroyed by instruction of the Customer at any time. If items have not been destroyed of forwarded, postal items will be archived; after some time, according to the applicable price list, the Customer will be charged a storage fee associated with the relevant item. The amount of this charge is shown in the Beam’s price list. Any saved data associated with a Postbox will be immediately deleted when a Postbox is deleted.

(5) Any one Customer can only have one Beam account. It is however possible to have multiple postboxes in different locations and countries with one Beam account. In any one Customer account, only the primary location can hold "AS YOU GO" or "PRIVATE" postboxes. For every other location, only "BUSINESS" postboxes can be added.

(6) Each postbox or phone number needs to be verified by the Customer, depending on requirements of the postbox country/location. This can include a personal identification with ID documents as well as a business or address confirmation with applicable documents. Verifications for the personal name field and the company name field can be different. A postbox can receive mail and store it for the Customer even if the postbox is not verified yet. Scanning and forwarding of items are only possible in a verified postbox (if verification is required). Verification can be completed within the web-application by filling out forms and uploading required documents. After a verification is submitted, it can take up to 72 hours (only working days) until our verification team can confirm it or revert back to the Customer with further requests. Customer can find the current status of its verifications under the menu item "services/Verification".

§3 Handling of Customer Items

(1) Beam does not inspect the content of items unless ordered by the Customer. Beam is not responsible for the legality of item's content and Beam will not question a Customer about the content of an item or a scan order unless the Customer chooses to have Beam forward the item to an international address for which Beam will have to create shipping documents that may or not may include customs documentation. The Customer is responsible to provide the following information about the package: detailed content description, customs value of content, TARIC or H.S: number for customs, any required certification needed in the target country.

(2) The Customer is responsible for the lawfulness and appropriateness of the content of postal items regarding a delivery destination. Beam only forwards Customer items per their request, and the Customer must provide enough information about the enclosed materials to allow Beam to arrange for the correct shipping and customs documentation to be sure the package get to the correct destination. If a package is delayed, returned or there is a content lost through a customs declaration or delivery services, Beam cannot be held responsible by the Customer. If in this situation the Customer orders forwarding of items, this order will be a new order subject to the normally applicable fees.

(3) Beam will ship all items with the standard insurance value of the respective shipping services. If the Customer wants to insure the package with a higher value, he needs to inform Beam prior to the shipment order. A surcharge will be applied for closing an extended insurance.

(4) Beam is nonetheless compelled to inform a Customer before a scan order is performed if the incoming scan order is not typically in the line of business or if Beam has reason to think the rights of the Customer may be compromised because of the scan order. This principally relates in the following situations:

  • The unusual size of an item. For magazines and catalogues only the first page is scanned if it is not possible to scan the whole item without destroying it.
  • The soundness of the postal item could be compromised by the scanning process (e.g., if a seal would be broken). An item counts as not compromised if only staples must be removed.
  • The process of a scan order could seriously damage the quality of the postal item.
  • The postal item is known to be illegal and potentially contains prohibited political propaganda, glorification of violence, etc.

(5) All fees that we charge for the forwarding come on top of the postal charge. If nothing else is specified or requested by the Customer, Beam chooses the national postal services for national shipments and sends the item with a parcel service that offers a tracking number. For international shipments Beam chooses the parcel services with the best conditions made available to Beam. The tracking numbers can be made available to the Customer upon request.

(6) It is the Customer's responsibility to check the content of his postboxes daily to prevent accumulation of unwanted storage costs. Beam provides means of notification for activities in the postboxes but will not guarantee, that the Customer receives those notifications.

(7) The shipping of packages normally requires a prepayment or large enough deposit in the account from the Customer. To prevent storage costs while waiting for a money transaction to go through, the Customer can preemptively transfer a deposit into his account, covering all costs associated with the forwarding and also covering all previous open balances of the account.

(8) A prepayment can also be required, to continue processing any Customer requests. Especially, if the open balance due is above 0 or the balance for the current month surpasses € 50. The Customer will be informed about this via e-mail and notification in the application. A prepayment is only valid if it is done with bank transfer, 3D secure credit card deposit or confirmed PayPal payment.

(9) The Beam postbox address can be used from the Customer to receive all official postal items, e.g. correspondence with official authorities, courts and justice departments and company registration documents. The Customer hereby declares the authorization to Beam to receive those items.

(10) In the event, the owner of a received item cannot be determined, it will be returned to the sender.

(11) With respect to occurrences, in which Beam is not able to process a scan or forwarding order, Beam holds the right to cancel an order or the contract.

(12) Beam will generally not accept postal items that need payment upon delivery. If however Beam accepts a delivery that needs payment, the Customer will be charged for the paid amount plus fees according to our price list.

(13) If Beam needs to take care of the import customs procedure, Beam will charge all occurring costs plus a services fee specified in the price lists to the Customer. If an item has to be cleared from customs office, which must be ordered separately by the Customer, Beam charges a fee, specified in the price list, for the time spend on getting the items.

(14) The Customer is not entitled to have nor have sent to his mailbox any postal items exceeding the value of 700 €. The Customer is strictly forbidden to receive or allow to have shipped to the postbox address, any illegal, dangerous or potentially dangerous goods or items likely to harm or damage people and animals or any item and goods which reception or storage is illegal for Beam and its partners. The Customer commits to inform the third parties concerned and takes full responsibility resulting from a failure to comply with this article. The following items cannot be forwarded and if unknowingly accepted at a Beam address must be picked up from that address by the Customer:

  • articles of unusual value, which shall be deemed to include, but are not limited to:
  • coins, cash, currency, bonds, postage stamps, money orders, and negotiable,
  • instruments (such as drafts, bills of exchange, or promissory notes, checks),
  • unset precious stones, and industrial diamonds,
  • any article that contains by weight of gold or platinum more than 50 percent thereof, or any combination thereof in raw form including, but not limited to, bullion, bars, or scraps of these metals.
  • hazardous waste, defined as a solid waste that meets any of the criteria of the hazardous waste,
  • human remains, fetal remains, human body parts, or components thereof,
  • fireworks,
  • packages containing pharmaceuticals, illegal or illegal drugs, even if only intended for medicinal use,
  • alcoholic beverages,
  • firearms and ammunition,
  • perishable or refrigerated food / commodities,
  • hazardous materials,
  • dry ice,
  • limited quantity products,
  • live animals,
  • tobacco products.

§4 Customer’s Obligations

(1) The Customer is required to guarantee all personal and business information given to Beam is true and correct to the best of their knowledge, is legally allowable, and free from third-party privileges. Pseudonym use is also banned unless it can be legitimated with applicable documents.

(2) The Customer is accountable for the accurateness of his invoicing and forwarding addresses, contact, and payment information. If any penalty is incurred by Beam or the Customer because of inaccurate information, the Customer is responsible for the charges incurred. The Customer is completely accountable for third parties getting knowledge of the addresses of Customer’s postboxes.

(3) The Customer grants Beam power of attorney to sign for postal items on Customer’s behalf and to sign for other postal processes to Beam, and Beam will execute these processes on behalf of the Customer. If the Customer wants Beam to be able to receive registered mail that is only personally deliverable to him, he will provide Beam with a letter of power of attorney for it in combination with a copy of his ID documents. The Customer acknowledges that some deliveries need the physical presence of the Customer to be deliverable and Beam can in those cases not receive the item.

(4) The security of a Customer’s login information is their responsibility, and login information should be kept confidential. The Customer should be informed that if a third party has access to their login details, the third part would be able to execute orders in the Customer’s name. A Customer’s login information must be changed immediately if the Customer is aware of or thinks a third party has used it. If not possible, Beam must be informed immediately by the Customer.

(5) Some of the system emails that are sent to the Customer contain a link, that brings the Customer directly into their account without additional credentials login. The validity of such link will end 24 hours after the last email was send from the Beam system to this Customer. The Customer needs to make sure that emails addressed to the account email address can only be accessed by people that may have access to the Customer's account.

§5 Delivery Time, Time of services, Transfer of Risk

(1) Beam tries to complete activities within 24 hours of on any local (depending on the postbox location) working days. This time period could be extended for postal items of 100 pages or more in length. If necessary information for a shipment (e.g. customs information) is not provided by the Customer, activities can be delayed. Quoted process times are in no way binding. Binding process deadlines shall be explicitly settled upon in advance with Beam. Compliance with process deadlines is dependent upon the Customer’s timely and proper fulfillment of his contractual duties. Beam is entitled to a period of grace for contractual Customers, set out in writing, should the process deadline be exceeded and can withdraw from the contract only upon unsuccessful termination of the grace period.

(2) Customer herein agrees that the total amount of liability of the Beam location and Beam in total, if any, for any and all claims arising out of or related to this agreement or performance hereunder shall not exceed 100 EUR regardless or the nature of the claim.

(3) Customer agrees that Customer will not use the Beam locations or any Beam services for any unlawful, illegitimate, or fraudulent purpose, or for any purpose prohibited by postal regulations within the country of the postbox location. Customer further agrees that any use of the Postbox shall be in conformity with all applicable federal, state, and local laws.

(4) If the Customer opens a postbox in a U.S. location, each individual or entity must complete a separate United States Postal services Form 1583 ("Form 1583") to be authorized to receive mail or packages at the postbox.

§6 Fees, Payment, and Billing

(1) The performance fees levied by Beam are presented in the price lists, which can be seen online at WWWBEAM or in the information section of the Customer’s portal. All prices exclude VAT in the absence of any agreement to the contrary. All charges are made in EUR independent of the shown currency. If a different currency from EUR is shown in the price list, the effective exchange rate on the day of the charge is applied.

(2) Performance fees as well as basic account fees for the postboxes will be invoiced at the completion of each billing period. The account fees for the "AS YOU GO", “PRIVATE” and "BUSINESS” packages are owed at the commencement of each billing period for the complete billing period and are not refundable if the postbox is terminated before month end. The fees for additional services, services not included in the packages, and services otherwise requested will be charged at the completion of the billing period. A billing period is defined as 1 month. The first month’s basic account fees will be calculated on a pro rata basis. Each Postbox is regarded as a separate contract; even though, they will be invoiced together. The Customer will be invoiced electronically for all payable amounts. The amounts payable will be debited via the payment method that was submitted as “standard” or must be deposited into the account by the Customer by bank transfer or PayPal payment.

(3) If the Customer has entered a credit card as standard payment method, the open balance due will be charged to this credit card. Normally the charging process will be carried out on the first day of a month. If the Customer has an unpaid open balance due, the credit card of the Customer can be charged for this as well. If a charge to the credit card fails, the system will automatically suspend the access to all products until a payment covering the open balance due is made into the account. The account itself remains accessible. If the Customer has chosen invoicing as standard payment method, the access to all postboxes will be suspended on the 10th of a month, if an open balance remains at that point in time. The suspension can be lifted within 60 after the suspension with a full payment that covers all open balances.

(4) The Customer will be required to bear all related costs if a payment fails to withdraw, especially credit card chargebacks, and other similar costs. The Customer may be informed of payment reminders by Beam electronically. Beam reserves the right to halt any and all services if the Customer does default on a payment, and Beam could block the Customer’s entry to their online account or block the view on items in the Customer’s postboxes until any outstanding payments are resolved. If the view to a postbox is blocked, no activity can be triggered by the Customer for any of the items in the postbox. If items in a postbox supersede the free storage period of that postbox, storage charges apply regardless of the Customer’s inability to access those items. The full access to the Customer’s postboxes is restored when the outstanding open balance has been paid. If the Customer chooses to pay this outstanding balance directly within the account through credit card or PayPal payments, the access to the account will normally be restored within a few minutes.

(5) With the deletion of the last subscription product (e.g. postbox, phone number), the account can be deleted. Regarding "As You Go", “Private“ and “Business“ Postboxes, the monthly contract period is defined as beginning on the 1st day of the month (or the day on which the postbox was added / opened) and continues until the last day of that month. The Customer is allowed to Upgrade“) and to begin receiving instant access to the new tariff’s features at any time. (currently this is not possible from PRIVATE postbox to BUSINESS postbox, this can only happen at the beginning of a new month) The higher tariff’s services used before the month’s end will be charged under a pro rata basis.

(6) If downgrading to a lower package, this will become effective at the beginning of the following month. A cancellation or downgrade before the end of a payment period will not cause a rebate of payments made in advance.

(7) After a postbox or account cancellation, the Beam system will automatically issue a trash order for any remaining physical items and all digital files will be deleted. The Customer is responsible that all items that should not be destroyed are to be ordered to be forwarded to the Customers forwarding address prior to the deletion of the postbox or account.

(8) Beam reserves the right to demand a pre-payment for certain forwarding orders, especially if the account is new, the standard payment method has not been used before or the cost of the forwarding are high. Beam will usually require a pre-payment be made by the Customer into the account if a forwarding destination is outside of EU territory and the costs are above 10 EUR or if it is the first activity in the account. In some cases, the system will automatically determine the height of a required pre-payment. In any case, the activities are only charged with the applicable cost, regardless of the height of the pre-payment.

(9) Beam reserves the right to charge any of the saved payment methods at any time to cover the outstanding open balance of a Customer. The Customer has the responsibility to keep the standard payment method covered and chargeable for the amount of the “open balance due” at any time.

(10) A personal pickup of items is generally not possible at the Beam locations. In certain situations, and with prior approval of Beam a pickup can be arranged. A notification, which items will be picked up must be send to welcome[AT]presenceingermany.com at least 24h prior to planned pickup. The Customer will be charged with net 50 EUR for the pickup.

(11) If the Customer initiates a credit card chargeback, without clarification and approval through Beam, Beam will relay the fees that it receives plus a 50 EUR processing charge to the Customer.

§7 Special Situations

(1) If Beam receives a "scan item" as a package on the behalf of the customer, Beam will take a picture from the content without removing it from the box. If the package is an Amazon/Ebay/etc. retour package, the picture will include the retour bar code.

(2) If an item contains several other items like letters or individual packages, each item will be an individual scan item to the Customer's account. The included items inside parcels will not be opened.

(3) If an item contains a PIN number slip, the PIN slip will be added as a new item on a "scan item" order, so that another order of "scan item" onto the newly added PIN slip will perform a scan for the PIN number.

(4) If an item is received having an extra large size, it will be registered as very large item / box into the system. An item is considered as a "very large package" if it supersedes the dimensions of 60cm length, 40cm width, 40cm height or 65kg or if one dimension is greater than 100cm. Such very large item does not have a free storage period in any postbox type. Storage charges will be applied to the item according to the price list of that postbox on a daily basis. The calculation for the daily storage charge is: (length x width x height) /1,000,000 x PriceFactor (whereas the PriceFactor is a factor in the price list determined for every postbox. If no price factor is determined, the standard PriceFactor is 50.)

(5) In the event that official authorities, the postal services, the payment providers and banks or the sender of an item allege fraudulent or illegal activities in relation to a Customer account, Beam will ask the Customer to give its view to the allegation. The Customer will have 2 weeks' time to respond to such claims. All account activities can be suspended by Beam until the matter can be resolved. Beam can ask the Customer in such cases to confirm account verification with notarized documents or to provide legitimacy documents for items or payments. The Customer agrees, that Beam is authorized to receive any declaration or statements, including contract terminations between sender of an item and Beam Customer in the name of the Customer. If the Customer does not resolve the allegation, Beam may extraordinarily give notice to the contract.

In case a sender of an item provides proof of contract termination with a Customer, this item will be made available for the sender to claim it back. The Customer will be informed about this and has two weeks to respond to those claims.

§8 Account Information and Data

(1) Beam does not own any data, information or material that the Customer received in the Customer's virtual office during the due course of using Beam's mailbox services (“Customer Data”). The Customer, not Beam, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Beam shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.

(2) In case Beam receives reports from a law enforcement authority that the Customer's account is suspected of being misused for fraudulent activities or other criminal activities, Beam retains the right to share information and data about the Customer's account and services usage with such law enforcement authority to enable their investigations. Such contact entitles Beam to give extraordinary notice to the contract.

(3) By accepting these terms the Customer also agrees that the Customer has forfeited the Customer's rights to hold any claims against Beam relating to any infringements of any intellectual property rights that are held by the Customer or any entity that the Customer represent or control directly or indirectly, under the condition that such infringement is caused by the functionality of the Beam services.

§9 Cancellation

(1) Each postbox must be deleted separately or the Customer has to make clear in his statement that the entire account with all postboxes and associated products are to be terminated. To terminate a contract, the Customer can delete a postbox in his account by himself; this does not require help from Beam. Deleting the last postbox in the account will also delete the account itself. The last postbox can only be deleted, if all open balances are closed. The deletion of a postbox leads the automatic trashing of all items in the postboxes, i.e. all digital files and original copies. The Customer can also cancel their contractual arrangement without a specified reason to the end of the month with 14 days’ prior notice, physically written to the address as shown in the imprint.

(2) Paragraph 1 will also be applicable in cases of extraordinary notice of either contractual party.

Section II. Phone Services

§1 Generic Stipulations

(1) If the Customer subscribes to Beam's phone numbers, the Customer shall also abide to the terms defined here: http://www.voxbone.com/resources/Voxbone_AUP.pdf

(2) The Customer shall not use Beam's services for any unlawful purpose whatsoever, including but not limited to

  • the transmission of information or the offering of any services which is unlawful, abusive,
  • unsolicited calls for selling or marketing purposes,
  • harmful,
  • threatening,
  • defamatory,
  • pornographic
    or
  • which could be considered offensive in any other way,
  • nor for outbound traffic to the PSTN by falsifying the sending address of the transmission using a phone number provided by Beam in the caller id (spoofing).

(3) The Customer acknowledges that phone numbers assigned to the Customer for free testing will be removed permanently from the Customer's account a few days after the Customer's activation of Beam's services unless the Customer add funds to the Customer's prepaid account and take explicit actions to buy the number(s) via one of the Beam user interfaces.

(4) The Customer shall not use the phone number shown to the called party (CLI) to deliberately mislead the called party, e.g. when it is not possible to identify the caller or when the recipient of a call is not able to return a message. The Customer shall not use Beam's services to make repeated calls to phone numbers connected to automatic answering machines, where a purpose of such call is to receive a share of the revenue on the incoming call from the provider of the phone number called and the Customer will indemnify and hold Beam harmless of any direct or indirect costs, damages, losses, fines or penalties that Beam may incur resulting from such usage.

(5) The Customer shall not use Beam's services for providing so called "call back services" whereby phone numbers purchased from Beam are used to receive calls with the only purpose of registering the CLI (calling line identity) of the caller, without answering the call, with the objective to thereafter initiate an outbound call to the phone number identified by the CLI. Failure to adhere to this rule gives Beam the right to charge the Customer € 20 per call attempt made to any phone number.

(6) The Customer acknowledges that telephone calls to or from Beam's services must be initiated by humans with the purpose of business communication, and that scripted or otherwise automated calls to or from Beam's services are prohibited.

(7) The Customer acknowledges that Beam does not take any responsibility for the accessibility of emergency services or any other service numbers, the routing of outgoing calls to the appropriate public safety answering point (PSAP) and for providing location information o the calling party.

(8) The Customer acknowledges that Beam is a reseller of telecommunications services such as telephone numbers and outbound calling services provided by Voxbone SA/NV and/or other licensed telephone operators and that Beam itself is not a licensed telecommunication operator.

(9) The Customer acknowledges that a services fee applies for porting out phone numbers from Beam, and that the Customer's right to port out phone numbers only applies if the Customer's prepaid account holds enough funds to pay for this services fee and any other fees due prior to the port out is completed.

(10) The Customer agree to comply with any applicable laws and regulations with regard to the usage of geographical numbers as applicable in the territory to which the numbers belong; and the Customer will indemnify and hold Beam harmless of any direct or indirect costs, damages, losses, fines or penalties that Beam may incur resulting from the usage of a Number as CLI for outgoing calls or from any violation of the provisions set forth above.

(11) The Customer acknowledges and agree that Beam's phone services does not provide access to emergency services and that Beam’s software and services are not intended for emergency calls of any type. The Customer acknowledges and agree that:

(A) it is the Customer's responsibility to be able to call emergency services numbers,
and
(B) Beam's phone services is not a replacement for the Customer's primary telephone services.

(12) If the Customer is a US resident, the Customer also acknowledges and agrees that Beam’s services do not qualify as “VoIP interconnected services” as per the FCC rules and orders.

(15) The Customer shall not use Beam's services in a way that creates sudden bursts of inbound or outbound calls.

(16) The Customer is fully responsible for any losses caused by any 3rd party gaining unauthorized access to any devices or third party software that the Customer may use for the access to Beam's phone services. The Customer is responsible for ensuring that the Customer's credentials for access to Beam's services are stored in such a way that no unauthorized person can gain access to them.

(17) The Customer accept to provide proof of the Customer's identity and copies of the Customer's company registration documents upon request from Beam. The Customer hereby accept that failure to provide such documents in a form that is acceptable to Beam may lead to Beam closing the Customer's account and removing all phone numbers from the Customer's account. The Customer accept that the Customer's sole compensation in such an event is a refund of any unused funds remaining in the Customer's prepaid account.

(18) If the Customer is using the Beam's API the Customer is responsible for ensuring that the Customer's applications do not create bursts of API calls. Beam may restrict the Customer's access to the API if Beam finds that the Customer's usage may cause services disturbances for other Customers.

(19) If the Customer uses Beam's call back API, the Customer may not use it for predictive dialing. If the Customer use the Beam's call back API, at least one of the call legs in each call set up must be connected to a party or end point that is controlled by the Customer.

(20) If the Customer resells Beam’s services to third parties, the Customer may not use Beam’s brand name on the Customer's website or in the Customer's communication with the Customer's clients, nor make any claims of having any relation or partnership with Beam, unless this has been explicitly approved in writing by Beam. If the Customer resells or sublets phone numbers subscribed from Beam to third parties, the Customer is obliged to maintain a current and validated record of the full name and physical address of the ultimate end user (“end user information”) for each subscribed phone number, with the exception of phone numbers ordered via the Beam API that have the free test flag enabled. If Beam receives a request for information from the police or authorities in any country, in relation to a phone number that the Customer subscribes to from Beam, Beam has the right to request that the Customer share the End User Information with Beam. The Customer's failure to provide the end user information to Beam within one business day shall be considered a material breach of this agreement and may lead to account suspension or extraordinarily terminating the contract at Beam’s sole discretion.

(21) The Customer accepts that Beam’s free services are subject to fair usage limitations, and that usage beyond normal individual business usage is not allowed, and that Beam retains the right to define what is normal business usage.

(22) The Customer understands that the Customer's use of threats or abusive behavior or the use of profane language towards Beam or Beam’s staff may lead to restrictions in the Customer's access to Beam’s services, and that repeated threats and abusive behavior or profane language can be classified, at Beam’s sole discretion, as a material breach of this agreement and thus may lead to extraordinarily termination.

§2 Charges and Payment of Fees

(1) Beam reserves the right to modify its fees and charges and to introduce new charges at any time. Any new fees or fee structures will be applicable after teh Customer's approval at the time of the contract's renewal. Approval will be assumed if the contract is renewed with any protest.

(2) All services that carry a recurring renewal fee, such as phone numbers and plans, can be canceled by the Customer at any time by disabling the renewal function for that services. Beam will not charge any additional renewal fees for any services that the Customer have disabled the renewal function for and the Customer will be able to use Beam's services until the expiry date.

(3) If the contract for a phone number exceeds a contract period of one month, the sum of the monthly fixed fees for the complete contract period are charged upon contract start and renewal. Renewal fees for phone numbers and other services are deducted from the Customer's account. If, however the Customer's credit with Beam is insufficient to pay for a renewal, and the Customer has the auto-refill function disabled, an amount equal to the cost of the renewal will be charged from one of the payment methods that the Customer has saved / remembered in conjunction with making an earlier payment. Service fees that are not renewal fees are always charged from the Customer's credit. In case the Customer's credit is insufficient at a time when a charge is to be deducted from the account, this may disable certain or all functionalities of Beam's services. Upon request from Beam, the Customer shall provide proof of identity or proof of ownership of credit card used for paying Beam.

(4) Beam’s fees are exclusive of value added tax.

(5) If the Customer believe that a charge or fee is incorrect, the Customer has to contact Beam in text form within 60 days after issuing of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

§3 Non-Payment and Suspension

(1) In addition to any other rights granted to Beam herein, Beam reserves the right to suspend or terminate this Agreement and the Customer's access to the Customer's virtual office if the Customer's account falls into arrears. Default payment can be subject to interest of 13% per annum on any outstanding balance, or the maximum permitted by law, whichever is greater. Beam may charge a dunning fee of € 50 upon default. The Customer will continue to be charged for User licenses during any period of suspension. If the Customer or Beam cancels this contract, the Customer is still obliged to pay the balance due on the Customer's account computed in accordance with the charges and payment of fees section above. The Customer agrees that Beam may charge such unpaid fees to the Customer's credit card or otherwise bill the Customer for such unpaid fees.

(2) The Customer acknowledges that if payment for Beam's services fail, Beam has the right to permanently remove the phone numbers from the Customer's account and that the Customer's usage rights of the provided numbers is thereby forfeited. As this would create a serious interference in the Customer's business, Beam obliges to give the Customer a grace period of 1 month after Beam’s first attempt to deduct charges from the Customer's prepaid account for Beam's services. Beam will have no obligation to compensate the Customer for any direct or indirect loss resulting from permanent removal of phone numbers allocated to the Customer.

(3) Beam may, in its sole discretion, suspend the Customer's account temporarily or permanently if the account is suspected to be used for fraudulent activities or if Beam suspects that a payment received may be fraudulent. When the account is permanently suspended then the contract will be given extraordinary notice.

(4) Beam may request proof of identity or proof of ownership of credit card or payment form used for paying Beam, and Beam may after receiving such proof decide to remove the suspension and reactivate the Customer's account again if Beam finds such proof to be acceptable. If the Customer's account remains permanently suspended or if the Customer is unwilling to provide the proof requested, Beam shall refund all payments received from the Customer, less any money already consumed for the use of services.

§4 Extraordinary Notice

(1) Any breach of the Customer's payment obligations or unauthorized use of Beam's technology or services will be deemed a material breach of this contract. Beam, in its sole discretion, may terminate the Customer's account or use of Beam's services if the Customer breaches or otherwise fails to comply with this contract. In addition, Beam may terminate free services at any time in its sole discretion after 60 days’ notice.

(2) If Beam receives reports from the Police or other trustworthy authorities that the Customer has used Beam's services for fraudulent or unlawful activities, Beam has the right to extraordinarily terminate the Customer's access to Beam's services. Beam also retains the right to immediately suspend any other Beam accounts that the Customer has created in the past or creates in the future. Beam also retains the right to charge the Customer a minimum fee of € 1500 EUR for each instance of fraudulent or unlawful use of Beam's services that has been reported. If, upon request, Beam receives documents and references from the Customer that in accordance with Beam’s sole judgment proves that the Customer's business is legitimate and lawful, then the aforementioned fee will be returned to the Customer and Beam's services will be restored.

Section III. Enterprise Account

§1 Generic Stipulations

(1) The account holder can manage multiple separate users in one enterprise account and use the Beam services to resell or sublet them to the Customer's own clientele base with the Beam Enterprise Account.

(2) The account holder is responsible for all actions of the users of the account. The account holder can apply own standard terms and conditions (now called “addon T&C”) that will be added to these Beam' standard terms and conditions. The Customer's users will have to agree to both conditions in order to use Beam's services.

(3) The enterprise account holder can grant admin rights to each of the users. If this admin right is granted, this admin user will be able to manage the account with the same rights as the account holder. The account holder or any admin user may only enable admin users to the account if it is made sure, that those users can speak for the account holder and bind the account holder to all changes and will declarations that are made from the admin user towards Beam.

(4) The enterprise account holder or all of his admin users can change the addon T&C as needed, however the addon T&C may not be in contradiction to Beam's T&C or enable a circumvention of those. All terms of the addon T&C that contradict a term of these T&C are invalid. The account holder is responsible that all his users agree to the T&C of Beam as well as to the addon T&C. Changes made to the addon T&C are instantly valid in the system.

(5) The enterprise account needs a deposit to work. All activities and all charges of all users are collected in the account billing. If the running charges depleted the deposit, the complete account for all users can be temporarily suspended or deactivated. All services like mail management, mail forwarding, phone number reachability, phone number forwarding, etc. can be suspended as well. The account can be reactivated in short time within 60 days. The account holder can enable an automatic charging to his standard payment method if the deposit drops below a certain limit.

(6) A working credit card is mandatory for the enterprise account. The account holder must make sure, that any open balance of the account can at any time be charged to this credit card.

(7) The enterprise account enables the account holder to issue prepared invoices towards its users from within the account. Beam does not take any responsibility for the accurateness of those invoices. The account holder is completely responsible for all invoices issued towards his users.

(8) The enterprise account comes with the additional feature to use own locations for postboxes that users can book. The account holder is solely responsible for managing those additional locations. Beam will provide an admin access to the enterprise account holder to manage the incoming mail, scanning and forwarding for the postal items of the users that use own locations.

(9) The enterprise account holder can propose his own locations to be used in the overall Beam system to attract also other customers. For the use of a location as a partner location inside Beam's system, a separate partnership contract has to be signed with Beam.

(10) The enterprise account enables the account holder to change the design, colors and logos from the Beam web-app for users of his account. The enterprise account holder can use his own corporate design at own will. Beam will not guarantee, that the user of an enterprise account with changed design cannot identify Beam as the supplier of this software system and of its services.

(11) The enterprise account will be charge by Beam according to the current pricing for all of its users. The enterprise account can charge a different price for some services towards the users, however this is solely in the responsibility of the enterprise account holder. Beam will charge the enterprise account holder regardless of his pricing towards his own users with the applicable pricing for its services.

(12) The enterprise account comes with the additional feature of using API access to manage the account as well as the activities of its users. Beam cannot guarantee to completeness of all features accessible through this API. Beam tries to keep Beam's services continuously running without times of inaccessibility. If server downtimes of more than 10 minutes are expected due to a change in the system or other reasons, Beam will inform the enterprise account holders at least 14 days in advance. Beam cannot guarantee for the continuous accessibility of its systems and functionalities of the APIs.

(13) The enterprise account holder is responsible for the customer support towards its users. Beam will support questions concerning the Beam software system if it is not working. Beam will support the enterprise account holder with support for every question with in normal business hours (German time zone) and will provide on request each quarter a 1 hour webinar with the enterprise account holder and his team.

Section IV. Miscellaneous

§1 Scope of Assignment and Execution

(1) In case of doubt, the scope of Beam's services will be determined at the time of closing the contract or repeated use after these STC have been updated. Beam shall acknowledge the scope of their services in text before beginning their services. Further extensions or reductions of the assignment have to be acknowledged in text (email with complete Customer's full footer).

(2) The assignment will be executed according to the rules of proper professional activities of any orderly tradesman to the best of Beam's conscience and knowledge.

§2 Communications

(1) If the Customer informs Beam of an email address or a fax number, he will generally agree that Beam corresponds with him or her per digital mail (PDF-file attached to an email) or per fax. If the Customer wishes to communicate in writing even though he has electronically contacted Beam, then the Customer has to explicitly utter this wish. Otherwise, the provisions of sentence no. 1 shall remain in force. The Customer assures that only he has, resp. any by him assigned persons, have access to his email account or fax machine and he will regularly, at least weekly, control the receipt of any correspondence. The Customer knows that unsecured emails only guarantee limited secrecy. In as far as the Customer has the technical means for electronic signatures and encryption and wishes their implementation he will instruct Beam thereupon.

(2) In the event that a group of persons hire Beam, then all declarations or assignment related actions of one person of this group will be considered as if stemming from all persons. In case, the Customers' instructions indissolubly contradict each other, Beam may cancel this assignment. If Beam communicates with one person of a group of persons, then all declarations or assignment related actions will be binding towards the group in full.

§3 Participation of Third Parties

(1) Beam shall be entitled to appoint employed and freelance personnel, data-processing companies for the performance of the contract, as well as, if necessary, other third parties.

(2) In the case of the consultation of specialized third parties and data processing companies, Beam will ensure that they are bound to secrecy as much as Beam is. This does not incur additional costs for the Customer, unless otherwise agreed.

§4 Rectification of Defects

(1) The Customer shall be entitled to remedy any defects within a reasonable period of time. The Customer must, before a third party is charged with the correction of the defect, request Beam for the correction of the defect, unless for special reasons, the interest of the Customer in the immediate commissioning of a third party prevails. The claim must be demanded immediately in text.

(2) If Beam does not remedy the deficiencies which have been claimed within a reasonable period, the rectification fails, or Beam wrongfully rejects to remedy the deficiency of the defendant, then the Customer may, at Beam's expense, remedy the deficiencies by another consultant, demand reduction of the remuneration or cancellation of the contract.

§5 Terms of Payment

(1) Several contracting entities shall be jointly and severally liable. Beam can accept the full or partial amount from one person with effect against all of them. Compensation claims between the parties remain unaffected.

(2) If Beam requires an advance or advance payment of fees, Beam may wait until payment has been made in full with processing services. A repayment of a partial advance or prepayment in full will not take place even after termination of the order.

(3) Beam may refuse to forward postal items to the Customer until all invoices and / or other claims have been settled. This shall not apply if the retention is contrary to the principles of good faith according to the circumstances of the individual case - e.g. due to the relative insignificance of the arrearage.

(4) Offsetting against a remuneration claim by Beam is only permitted with undisputed or legally binding claims.

(5) In the case of late payment, Beam is entitled to demand compensation for the resulting additional expenses and the damage caused thereby. A dunning fee of € 50 can be applied. 13% on open accounts is agreed as default interest.

§6 Court Venue, Choice of Law, Contradicting Standard Terms and Agreements

(1) Jurisdiction and place of fulfillment for all claims arising from this contract will be Berlin, Germany. German law rules the interpretation and application of the contract and these standard terms and conditions.

(2) Contradictory standard terms and conditions of contracting entities shall not be recognized, unless they are expressly approved. Irrespective of any prior protests, use of any products and/or services will be considered as acceptance by the Customer of these terms and conditions.

§7 Availability

(1) Beam endeavors to ensure a non-stop services and can assure an average 98% availability of services over an annual period, subject to the limiting factors defined in the section below. Beam cannot guarantee the availability of its services during periods of technical difficulties or other difficulties that are out of the control of Beam. These can include: acts of God, emergency maintenance, IT-infrastructure faults, third-party default, and faults regarding Customer's internet access, etc. If the security of the network provider or the network security is threatened for reasons outside of Beam’s control, Beam may take essential action to briefly diminish access to its services. If Beam's website under www.PresenceInGermany.biz or any subdomain should not be accessible, the Customer can normally also use the direct login access through the mobile apps.

(2) The Customer will be notified in advance and within a sensible time period for any foreseeable outages that result from maintenance work. No claims can be derived in this respect.

(3) The Beam services of registering incoming items, scanning and forwarding cannot be guaranteed in the period of December 24 and January 2 of any year as well as not on bank holidays – applicable at the location of any virtual office.

(4) The scope of services offered by Beam, the user accounts, and their technical arrangement are all delivered in line with the technical standards of services and performance standards dominant at the time of closure of the contract. Beam retains the right to broaden, adjust, or reduce its functions as long as it serves as a technical improvement, or is necessary in order to prevent misuse, or is required of Beam on legal grounds.

(5) Beam maintains the right to change or amend these terms and conditions in the interest of its registered Customers as long as these adjustments are required, to provide a simpler and more secure services, to adapt to technical or legal developments, and, in particular, to protect against services misuse.

(6) The commercial agreements, their interpretation, and the entire legal relationship between Beam and the Customer are administered under German Federal Law. Should the Customer be a trader, legal entity under public law, or special fund under public law, the place of jurisdiction for all contractual disputes is to be regarded as that prevailing at the location of the registered office of Beam. Should either party believe any clause or agreement set out in the above terms and conditions or any other agreement is, or will be in future, ineffective, the remainder of the terms or contract shall remain thereby unaffected. Any adjustments made whereby an effective agreement replaces an ineffective one, must ensure that the economic goals achieved with respect to the clause continue to be as unaffected as possible.

§8 Mutual Indemnification

(1) The Customer shall indemnify and hold Beam, its licensors, licensees, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses arising out of or in connection with:

(i) a claim alleging that the Customer's use of Beam's services infringes the rights of, or has caused harm to, a third party;

(ii) a claim, which if true, would constitute a violation by the Customer of the Customer's representations and warranties; or

(iii) a claim arising from the breach by the Customer or the Customer's users of the contract, provided in any such case that Beam

(a) gives written notice of the claim promptly to the Customer;

(b) gives the Customer sole control of the defense and settlement of the claim (provided that the Customer may not settle or defend any claim unless the Customer unconditionally release Beam of all liability and such settlement does not affect Beam’s business or services);

(c) provides to the Customer all available information and assistance; and (d) has not compromised or settled such claim.

(2) Beam shall indemnify and hold the Customer and the Customer's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses arising out of or in connection with:

(a) a claim alleging
that Beam's services directly infringes a copyright, a patent issued as of the effective date, or a trademark of a third party;
(ii) a claim, which if true, would constitute a violation by Beam of its representations or warranties; or
(iii) a claim arising from breach of this Agreement by Beam; provided that the Customer (a) promptly give written notice of the claim to Beam;
(b) gives Beam sole control of the defense and settlement of the claim (provided that Beam may not settle or defend any claim unless it unconditionally releases the Customer of all liability);
(c) provide to Beam all available information and assistance;
and
(d) have not compromised or settled such claim. Beam shall have no indemnification obligation, and the Customer shall indemnify Beam pursuant to this Agreement, for claims arising from any infringement arising from the combination of Beam's services with any of the Customer's products, services, hardware or business process(s).

§9 Disclaimer of Warranties

(1) Beam makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of Beam's services or any content. Beam does not represent or warrant that

(A) the use of Beam's services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data.
(B) Beam's services will meet the Customer's requirements or expectations.
(C) any stored data will be accurate or reliable.
(D) the quality of any products, services, information or other material purchased or obtained by the Customer through the services will meet the Customer's requirements or expectations.
(E) errors or defects will be corrected,
or
(F) Beam's services or the server(s) that make Beam's services available are free of viruses or other harmful components. Beam's services and all content is provided to the Customer strictly on an "as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.

(2) Beam’s services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Beam is not responsible for any delays, delivery failures, or other damage resulting from such problems.

§10 Limitation of Liability

(1) In no event, shall either party's aggregate liability exceed the amounts actually paid by and/or due from the Customer.

(2) In case of a conflict or discrepancy between the terms and conditions defined by this agreement and any information provided to the Customer by a Beam representative, then the information provided by the representative shall be deemed invalid and these terms and conditions shall prevail.

§11 Data Protection & Data Privacy

(1) Customer data protection is of the highest importance to Beam. Customer data disclosure or publication to third parties shall be rigorously prevented, so long as is legally conceivable. This is particularly in reference to legal obligations of data disclosure rising from mandatory governmental inquires. The selling of Customer data shall not be carried out under any situations.

(2) Both parties of the contract will be responsible for the confidential handling of private data made available in exercise of the contract and for the use of such data only in accordance with the data protection procedures established contractually. For both parties of the contract, this responsibility extends to their employees, freelancers, and any other companies party to the arrangement, whether independent or related. The Customer may enter into a data processing agreement within the scope of an arranged contract in accordance with the German Federal Data Protection Law (Bundesdatenschutzgesetz, Datenschutz-Grundverordnung, whichever other legal instruments exist in their resp. state of the law).

(3) As outlined in this section, the rights and obligations with regard to privacy shall not be rendered invalid in the event of contractual termination.

(4) Beam provides further details on data protection agreements and guidelines in its Data Privacy Statement.

(5) If the Customer orders Beam to send out a package from our Russian locations, due to local official requirements, the Customer's packages need to be inspected by us, therefore opened and in some cases taken apart. In those cases, Beam cannot guarantee the integrity of all packaging and wrapping.