Standard Terms of Services by Beam my Presence to Germany GmbH (Beam)
Overview:
Parties of Contract
Section I. General Terms for the Sale of Shelf Companies
Section II. General Terms for Virtual Office Services
Section III. Proxy Director Services
Section IV. Fees, Payment, and Billing
Standard Terms and Conditions of Services Rendered by Beam
Parties of Contract
The contractual partners will be Beam my Presence to Germany GmbH (aka "Beam") and the Customer (aka "Customers Company") ordering one or more services.
Section I. General Terms for the Sale of Shelf Companies
(1) Beam guarantees with the amount mentioned in the sales contract that the provided shelf companies have not been active in the past. The Customer will bear the costs for the bank account starting the month when the notary has been visited to initiate the sale and takeover process.
(2) Any shared timeline for the takeover process will not constitute a guarantee or promise for which Beam can be held liable. Cancellation of the contract is especially not possible even if authorities take much longer than originally assumed.
(3) In as far as legal services are to be provided, they will be outsourced to Rechtsanwalt Alexander Baron von Engelhardt. The Customer is free to choose a different law on his own account. In the event, the Customer chooses to hire a different attorney or tax consultant (Steuerberater, Wirtschaftsprüfer), any legal services paid to Beam will not be reimbursed. Alexander Baron will provide a status report upon cancellation of his services by the Customer and will not be held liable for the slow procession of any authority.
Section II. 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 a private person's manned mailbox subject to these standard terms and conditions.
(2) As part of Beam's services, Beam can provide the Customer with the use of 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. Alternatively, it is possible that mail forwarding takes place via email, under the explicit exemption from data protection restrictions, or via a DSGVO-compliant online data storage.
(3) Beam alone (and its licensors, licensees, where or whichever is 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; 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, or
(c) copy any ideas, features, functions, or graphics of Beam's services.
(5) A provided address can qualify as a corporation's domicile. A residential place of living will never be offered and even less provided. 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) Customers can order individual Postboxes after registering. 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 the 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 emptied therein saved items after 30 days. The Customer can manually delete the item's digital file 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 or 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) Each postbox or phone number needs to be verified by the Customer. This can include 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. Verification can be completed within the web application by filling out forms and uploading the required documents. After verification is submitted, it can take up to six working days at the individual location until our verification team can confirm it or revert back to the Customer with further requests. Customers can find the current status of its verifications under the menu item "services/ verification".
2. 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 the 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. In the event of international shipping, the Customer is responsible to provide the following information about the package: detailed content description, the customs value of content, TARIC or EORI number for customs, and 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 gets to the correct destination. If a package is delayed or returned or there is 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 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 catalogs, only the first page is scanned. Further pages will of magazines and catalogs will be scanned upon special assignment of the Customer and against a surcharge as determined by the online fee list.
- 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 the 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 from the Customer.
(8) The Customer can use the Beam postbox address 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.
(9) If the owner of a received item cannot be determined, it will be returned to the sender. After the end of the contractual period, Beam can return postal items to the sender and mark the envelope that the Customer is not served here anymore.
(10) With respect to occurrences, in which Beam cannot process a scan or forwarding order, Beam holds the right to cancel an order or the contract.
(11) 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.
(12) 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 the customs office, which must be ordered separately by the Customer, Beam charges a fee, specified in the price list, for the time spent on getting the items.
(13) 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 whose 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 of cashless payment (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 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.
3. Special Provisions for a Virtual Office in Berlin
A personal pickup of items is generally only possible at Beam's headquarters,in Berlin, and only for postal items received here. Picking up postal at Beam's headquarters is to be arranged via an online calendar, as provided under Pick up Your Post. In certain situations, and with Beam's prior approval, a pickup can be arranged from other locations.
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 accuracy of his invoicing and forwarding addresses, contact, and payment information. If Beam or the Customer incurs any penalty 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 matching power of attorney for it in combination with a copy of his ID documents. The Customer acknowledges that some deliveries need the customer's physical presence to be deliverable and Beam can not receive the item in those cases.
(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 party 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 a link will end 24 hours after the last email was sent from the Beam system to this Customer. The Customer needs to ensure that such system emails addressed to the account email address can only be accessed by people who may have access to the Customer's account.
5. Translation on the Fly
(1) This service will take place while scanning the post item to be forwarded by eMail. The person translating, if not a native speaker, will have lingual abilities of at least C1 for the provided target languages. Provided target languages for are currently English and Mandarin. In the event, a provided language cannot be supported anymore, then the Customer can extraordinarily cancel this service by the end of the following month.
(2) The translation will be as accurate as possible when browsing through the text but there is a guarantee or promise that the result provides correct content. The Customer is to receive an understanding of the contents and whether the correspondence is important.
6. Delivery Time, Time of services, Transfer of Risk
(1) Beam tries to complete activities within two domestic working days at the individual location. This time period could be extended for 100 pages or more postal items. 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 or order 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 the agreement of virtual offices or performance hereunder shall not exceed 100 € 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.
7. Special Situations
(1) If Beam receives a "scan item" as a package on the behalf of the customer, Beam will take a picture of the content without removing it from the box. If the package is an Amazon/Ebay/etc. return package, the picture will include the return 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 a very large item / box into the system. An item is considered 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 a 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 to confirm account verification with notarized documents or provide legitimacy documents for items or payments. The Customer agrees, that Beam is authorized to receive any declaration or statements, including contract terminations between the 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 to take immediate effect.
(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 represents or control directly or indirectly, under the condition that such infringement is caused by the functionality of the Beam services.
9. Cancellation of Postbox
(1) The contract can be given notice in text form exclusively to the email
(2) In the event, the virtual office was ordered in combination with the sale of one or more readymade companies from Beam, the contractual period will start with the month of visiting the notary. Sentence one will be accordingly applicable when a company is formed via Instant Company Formation from attorney Alexander von Engelhardt. Beam can inform you per text when the contractual period starts.
(3) When a contract is canceled all stored data will be automatically deleted and cannot be retrieved. The Customer is responsible for collecting his post on time.
Section III. Proxy Director Services
1. Beam's Duties to Supply the Proxy Director
Beam will organize an eligible person with good creditworthiness scores and strong business acumen to fill the role of the proxy director – unless something else is agreed upon. He supports the company as a formal representative for banking purposes. The basic scope of proxy director services to be understood as "on call". The proxy director has no right to demand or expect a minimum of billable hours to support the Customer.
2. Proxy Director's Duties and Rights towards the Customer's Company
(1) The proxy director shall perform his duties within the framework of the statutory provisions, in particular, commercial and tax law, and for the benefit of the Company. In doing so, he shall exercise the due care and diligence of a prudent and conscientious businessman. This shall not constitute an impairment of the independent exercise of his duties.
(2) His activities shall extend to all actions that the operation of the Company entails. In order to carry out legal transactions for which the proxy director deems a resolution of the Shareholders' Meeting, in particular, to be necessary, he shall be authorized to bring about corresponding resolutions.
(3) The proxy director shall determine the time, place, and content of his activities himself, but shall be at the Company's disposal to the extent required for its welfare, contribute his knowledge and experience, and shall safeguard its interests. He shall not be bound by instructions. The Customer's company may expect the proxy director's support within three working days in Berlin, Germany. The proxy director shall inform the Customer's company of any vacation, sick leave, or similar without undue delay.
3. Customer's Duties to Equip the Proxy Director
(1) In the understanding that the proxy director will play an active role in the Customer's Company, this Company shall have the duties to equip the proxy director will software and hardware that the proxy director can be active for the Client's Company.
(2) The Customer will provide the proxy director with a separate email account as "proxy@[client domain]". This email account is to be technically set up as an exchange or secondarily as an IMAP account. If the Customer does or cannot provide Beam with a special email account, at its discretion, Beam may set up a free account with a provider of his choice.
(3) The Customer will supply the proxy director a VoIP account with a local phone number (as customary for landline phones) on the Customer's account. Beam will bear the required hardware and software to use the VoIP account. The Customer's company will bear phone costs.
4. Cancelation of Proxy Director Services
Any party can give the notice to end the services of the proxy director for a period of four months to the end of the contract period – be it in text or written form. When applying text form, the only valid communication in this regard towards Beam will be the email "welcome[AT]PresenceInGermany.com". The contract period is for a calendar year starting the month of visiting the notary to be installed as proxy director. The legal costs for deregistering the proxy directorship will be borne by the Customer's company.
Section IV. Fees, Payment, and Billing
(1) The performance fees levied by Beam are presented online. All prices exclude VAT in the absence of any agreement to the contrary. All charges are made in €.
(2) Fees for the postboxes will be invoiced at the beginning of each billing period. The fees for additional services relating to postboxes, services not included in the packages, and services otherwise requested will be charged at the completion of the month of performance. A billing period is defined as 1 month. 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.
(3) 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 withhold any and all services if the Customer defaults 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. Full access to the Customer’s postboxes is restored when the outstanding open balance has been paid without undue delay.
(4) 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 for all items that should not be destroyed and order these items to be forwarded to the Customer's forwarding address before the postbox or account is deleted.
(5) 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 forwarding cost is high. Beam will usually require a pre-payment to be made by the Customer into the account if a forwarding destination is outside of EU territory and the costs are above 10 € 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.
Section V. Miscellaneous
(1) The Courts of Berlin competent for Beam's address shall have jurisdiction to adjudicate any and all disputes arising out of this Agreement unless mandatory statutory provisions require otherwise.
(2) The German version of this contract is binding, while the English version is to be understood as a convenience translation.
(3) This contract will be construed in conformity with German law. Should any individual provision or any part of any provision be or become void, illegal, or unenforceable, the validity of the remaining provisions hereof shall in no way be affected. In such case, the void and/or illegal and/or unenforceable provision or provisions shall be replaced by relative provisions coming as close as possible to the sense and spirit, and purpose of this Agreement. The parties are obligated to negotiate an effective clause for the considered purpose which is to replace the void clause.