Terms & Conditions

 

Terms & Conditions - Membership

§ 1 Introduction

(1) The Service Design Network (hereinafter referred to as “SDN”) welcomes all service design professionals and also those interested in service design – students, individuals and those in the corporate and academic world – to become Members of the network (hereinafter referred to as “(Paying) Member/Members”).

(2) These “Terms & Conditions - Membership” apply exclusively for the use of the SDN website as a Paying Member. The use of restricted areas of SDN’s website is only permitted in case the Paying Member accepts these conditions.

(3) For using the website as a free Community Member, the “Terms & Conditions – Community Membership” apply.

(4) For all contracts and orders regarding the purchase of the Touchpoint – journal the “Terms & Conditions - E-Shop” apply. The customer will find these terms through references made directly in the offer.

(5) We may change these terms and conditions at any time without notice by updating this page and if you continue to access or use this website we will consider that you have accepted any changes.

(6) If you have any questions, please contact us (Service Design Network GmbH, Mülheimer Freiheit 56, 51063 Köln, Germany, info@service-design-network.org).

§ 2 Registration

(1) You will become a Paying Member once the registration was successful.  To register, you need to fill in the registration form online. By clicking on the “Submit” – Button you offer us to become a Paying Member. You will have to agree to these Terms & Conditions – Membership.

(2) Our system will send your log-in details via Email after we have received your payment. Please make sure to also check your spam folder in case the message has been marked as spam.

(3) By sending this Email to you we conclude the Membership-contract.

(4) We reserve the right to conclude this contract with any potential member which means that you cannot claim a membership.

(5) The Paying Member is not permitted to leave the access details to a third person and is responsible for keeping the access data confidential and preventing unauthorized use by third parties.

§ 3 Service Design Network Membership

SDN welcomes all individuals, companies, private firms or institutions interested in the area of Service Design to become a Member. There are three types of paid memberships: student members, professional members and corporate/academic members.

  • Student Members - Students applying for student membership must be enrolled in any academic school approved by an appropriate accrediting institution as defined by Academy’s Commission on Education. SDN reserves the right to cancel subscriptions not matching with the student’s membership rules. The payment will be reimbursed in this case.
  • Professional Members - Professional members are practitioners working on service design projects together with commercial, public, or non-profit organizations.
  • Corporate/Academic Members - Corporate/Academic members are organizations, which are engaged in professional service design projects.

§ 4 Price Components and Methods of Payment

(1) The student membership fee is 80.00 EUR per year, the professional membership 180.00 EUR per year and the corporate/academic membership 535.00 EUR per year (including taxes). You can only pay with credit card.

(2) Memberships are active for a 12 months period starting from the date of registration.

(3) The membership fee must be paid in full before you can access services. After your registration is received, you will be sent a confirmation of payment for the membership fee.

§ 5 Membership Obligations

(1) As a Member you agree not to transmit any illegal or unlawful contents in text or in picture. You are particularly obliged not to publish any contribution

  • that would constitute a crime or administrative offence,
  • that infringes copyrights, trademark rights or competition regulations,
  • that infringes the Legal Services Act (Rechtsdienstleistungsgesetz),
  • that has offending, racist, discriminating or pornographic content,
  • that contains advertisements.

(2) A breach of the obligations stated above entitles SDN to delete or modify the respective contributions and to block the Member access. The membership can be frozen for an appropriate period of time. SDN remains entitled to claim for further damage caused by violation of this duty.

(3) SDN has the right to delete contributions of a Member that may contain a statutory violation.

(4) SDN has the right to be indemnified by the Member against third party claims due to a statutory violation by the Member. The Member is obligated to support SDN in defending the claim of respective demands and bear the costs for an adequate legal defense.

(5) Comments and other contributions that are published have to be factually and respectful to other Members. In case of offences SDN is entitled to delete the contributions and block the Member access. When it comes to a severe case SDN is entitled to freeze the membership for an appropriate period of time.

(6) In case the membership is frozen the Member cannot enforce a right derived from the membership.

§ 6 Limitation of Liability

(1) To the maximum extent permitted by law, we accept no responsibility for any loss, which may arise from reliance on information contained in this website or other sites, which may be linked to our site from time to time.

(2) SDN assumes no liability or responsibility for the accuracy, completeness, reliability, up-to-dateness and usefulness of the provided content of the respective Members. Please note that statements of fact and opinion are made on the responsibility of the authors alone and do not represent the views of SDN.

(3) Claims for damages are excluded unless otherwise agreed below. This exclusion of liability also applies for legal representatives and vicarious agents of SDN.

(4) The liability for the following matters are not limited or excluded: The liability arising from the German Product Liability Act (Produkthaftungsgesetz), liability for assuming a guarantee, liability in case of violation of essential contractual obligations (cardinal obligations), liability for injury to life, body and health and liability for gross negligence and willful misconduct. The same applies to liability for negligence of the vicarious agent or the legal representative. In the above matters, liability is unlimited. This applies for direct damages as well as for indirect damages.

§ 7 Transfer of Usage Rights

The copyright remains with the Member. Members grant SDN the right to make their contributions permanently accessible to the public. SDN has the right to move or connect discussion topics or contributions to other contents. By posting any contribution the Member transfers a non-exclusive temporally and spatially unlimited usage right to SDN within the scope of their object of their company.

§ 8 Termination of Membership

(1) Upon conclusion of the contract, you can choose between two options of terminating the membership.

(1.1.) You can choose to become a Member for one year. This means the membership will terminate automatically with the end of the year in case you do not extend the membership explicitly for another year.

(1.2.) The other option is a permanent membership that extents automatically in case you do not terminate the membership at least three months prior to end of the year. Then the membership will renew automatically for the following year. In case you choose this option we will send you a reminder in order to make sure that you can terminate the membership within the period of notice.

(2) In case of good cause, in particular in the event of violation of membership obligations stated in § 5 of these Terms and Conditions - Membership, SDN is entitled to promptly close the access of the Member und terminate the membership without setting a period of notice.

(3) As a result of termination SDN is entitled but not obligated to delete the contributions of the Member on the site. Moreover SDN will close the member access.

(4) After expiry of deadlines as per tax-related and commercial regulations these data will be deleted unless you have expressly consented to its further use.

§ 9 Final Provisions

(1) The language of the contract shall be English.

(2) The laws of the Federal Republic of Germany apply exclusively.

(3) This choice of law only applies to consumer only to the extent that the protection granted by the mandatory provisions of the law of the country of the consumer’s usual residence is not deprived.

(4) The sole place of fulfilment for delivery, performance and payment is Cologne if the Member is an entrepreneur in the sense of § 14 German Civil Code (Bürgerliches Gesetzbuch).

(5) In case the Member is a merchant, the exclusive (and international) court of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship is Cologne. In the case of cross-border contracts, this also applies for non-merchants. SDN reserves the right to call on any other internationally responsible court. This also applies to you – not being a consumer – not having your place of general jurisdiction in Germany or the EU or in case that your residence or habitual abode is unknown by the time a lawsuit is filed.

(6) If any provision in these terms and conditions shall be held to be illegal, invalid or unenforceable, in whole or in part, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these terms and conditions and the legality, validity and enforceability of the remainder of these terms and conditions shall not be affected.

(7) With the beginning of 2016 the European Commission provides you an European Online Dispute Resolution platform. Our Email address is info@service-design-network.org.

 

Terms & Conditions – Community Membership

§ 1 Introduction

(1) The Service Design Network (hereinafter referred to as “SDN”) welcomes everyone interested in service design to become a Member of the network. You have the option to choose between the paid memberships or a free Community Membership (hereinafter referred to as “Community Membership”).

(2) For the Community Membership no fee applies. Please note that as a Member using the Community Membership (hereinafter referred to as “Community Member”) you can only post comments to contributions posted by Paying Members.

(3) These “Terms & Conditions - Community Membership” apply exclusively for the use of the SDN Website as a Community Member. The use of SDN’s website is only permitted in case the Community Member accepts these conditions.

(4) For using the website as a Paying Member, the “Terms & Conditions – Membership” apply.

(5) We may change these terms and conditions at any time without notice by updating this page and if you continue to access or use this website we will consider that you have accepted any changes.

(6) If you have any questions, please contact us (Service Design Network GmbH, Mülheimer Freiheit 56, 51063 Köln, Germany, info@service-design-network.org).

§ 2 Registration

(1) You will become a Community Member once the registration was successful.  To register, you need to fill in the registration form online. By clicking on the “Submit” – Button you offer us to become a Community Member. You will have to agree to these Terms & Conditions – Community Membership.

(2) Please note that the creation of Community Membership accounts may take a few hours. Our system will send your log-in details via Email. Please make sure to also check your spam folder in case the message has been marked as spam.

(3) By sending this Email to you we conclude the Community Membership-contract.

(4) We reserve the right to conclude this contract with any potential Member which means that you cannot claim Community Membership.

(5) The Community Member is not permitted to leave the access details to a third person. The Community Member is responsible for keeping the access data confidential and preventing unauthorized use by third parties.

§ 3 Membership Obligation

(1) As a Community Member you agree not to transmit any illegal or unlawful contents in text or in picture. You are particularly obliged not to publish any contribution

  • that would constitute a crime or administrative offence,
  • that infringes copyrights, trademark rights or competition regulations,
  • that infringes the Legal Services Act (Rechtsdienstleistungsgesetz),
  • that has offending, racist, discriminating or pornographic content,
  • that contains advertisements.

(2) A breach of the obligations stated above entitles SDN to delete or modify the respective contributions and to block the Community Member access. The Community Membership can be frozen for an appropriate period of time. SDN remains entitled to claim for further damage caused by violation of this duty.

(3) SDN has the right to delete contributions of a Community Member that may contain a statutory violation.

(4) SDN has the right to be indemnified by the Community Member against third party claims due to a statutory violation by the Community Member. The Community Member is obligated to support SDN in defending the claim of respective demands and bear the costs for an adequate legal defense.

(5) Comments and other contributions that are published have to be factually and respectful to other Members. In case of offences SDN is entitled to delete the contributions and block the Community Member access. When it comes to a severe case SDN is entitled to freeze the Community Membership for an appropriate period of time.

(6) In case the Community Membership is frozen the Community Member cannot enforce a right derived from the Community Membership.

§ 4 Limitation of Liability

To the maximum extent permitted by law, we accept no responsibility for any loss, which may arise from reliance on information contained in this website or other sites, which may be linked to our site from time to time.

SDN assumes no liability or responsibility for the accuracy, completeness, reliability, up-to-dateness and usefulness of the provided content of the respective Community Members. Please note that statements of fact and opinion are made on the responsibility of the authors alone and do not represent the views of SDN.

Claims for damages are excluded unless otherwise agreed below. This exclusion of liability also applies for legal representatives and vicarious agents of SDN.

The liability for the following matters are not limited or excluded: The liability arising from the German Product Liability Act (Produkthaftungsgesetz), liability for assuming a guarantee, liability in case of violation of essential contractual obligations (cardinal obligations), liability for injury to life, body and health and liability for gross negligence and willful misconduct. The same applies to liability for negligence of the vicarious agent or the legal representative. In the above matters, liability is unlimited. This applies for direct damages as well as for indirect damages.

§ 5 Transfer of Usage Rights

The copyright remains with the Community Member. Community Members grant SDN the right to make their contributions permanently accessible to the public. SDN has the right to move or connect discussion topics or contributions to other contents. By posting any contribution the Community Member transfers a non-exclusive temporally and spatially unlimited usage right to SDN within the scope of their object of their company.

§ 6 Termination of Membership

(1) In case of good cause, in particular in the event of violation of membership obligations stated in § 3 of these Terms and Conditions - Community Membership, SDN is entitled to promptly close the access of the Community Member and terminate the Community Membership without setting a period of notice. 

(2) As a result of termination SDN is entitled but not obligated to delete the contributions of the Community Member on the site. Moreover SDN will close the Community Member access.

(3) As a Community Member you can terminate your account any time. After expiry of deadlines as per tax-related and commercial regulations these data is deleted unless you have expressly consented to its further use.

§ 7 Final Provisions

(1) The language of the contract shall be English.

(2) The laws of the Federal Republic of Germany apply exclusively.

(3) This choice of law only applies to consumer only to the extent that the protection granted by the mandatory provisions of the law of the country of the consumer’s usual residence is not deprived.

(4) The sole place of fulfilment for delivery, performance and payment is Cologne if the Community Member is an entrepreneur in the sense of § 14 German Civil Code (Bürgerliches Gesetzbuch).

(5) In case the Community Member is a merchant, the exclusive (and international) court of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship is Cologne. In the case of cross-border contracts, this also applies for non-merchants. SDN reserves the right to call on any other internationally responsible court. This also applies to you – not being a consumer – not having your place of general jurisdiction in Germany or the EU or in case that your residence or habitual abode is unknown by the time a lawsuit is filed.

(6) If any provision in these terms and conditions shall be held to be illegal, invalid or unenforceable, in whole or in part, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these terms and conditions and the legality, validity and enforceability of the remainder of these terms and conditions shall not be affected.

(7) With the beginning of 2016 the European Commission provides you an European Online Dispute Resolution platform. Our email address is info@service-design-network.org.

Terms & Conditions – E-Shop – Conditions of Sale

§ 1 Scope of applicability

(1) The following conditions of Sale govern the sale of our journals to you.

(2) These goods are cultivable as .pdf-versions or as print and delivered versions.

(3) Some of the print and delivered versions are in stock, others will be printed on demand.

(4) The journals that are printed on demand will be printed and delivered by Peecho, Rokin 75-5, Amsterdam, Netherlands.

(5) Please read through our conditions carefully before you place an order on this Website.

(6) We may change these terms and conditions at any time without notice by updating this page and if you continue to access or use this website we will consider that you have accepted any changes.

(7) If you have any questions, please contact us (Service Design Network GmbH, Mülheimer Freiheit 56, 51063 Köln, Germany, info@service-design-network.org).

 § 2 Conclusion of contract and delivery

(1) There are two different categories of ordering our journals. You can either click on the “Buy printed copy”-button or click on the “Download PDF”-button.

(2) By clicking on the respective button, inserting all demanded personal/transaction  information – and in terms of ordering a journal starting from Touchpoint Vol. 7 No. 1 clicking on Peecho’s “Pay”-Button – you offer us to buy the chosen journal(s) from us. Your order is legally binding.

(3) SDN Members have the possibility to buy a journal using the “Download PDF- button. After clicking on this button you will be provided with a link immediately in order to download the .pdf-version of the selected item(s). You can download this file only once. By providing you with this link we accept your offer and conclude the contract of sale for the respective item.

(4) If you buy a journal up to Touchpoint Vol. 6 No. 3 by using the “Buy printed copy”-button we will process your order and dispatch it to the delivery address that you indicated in the order-transaction without respite after the payment process is done and if the ordered items are in stock. Then you will receive an Email containing the bill.

(5) If you buy an issue starting from Touchpoint Vol. 7 No. 1 our print-on-demand cooperation-partner Peecho will wind up your order transaction. That means Peecho will dispatch and deliver the item(s) you selected and ordered. Payments are made directly in the framework of its website (www.peccho.com). Valid coupons that were authorized by us can be used only in this category of ordering. Terms and Conditions of Peecho will apply for these order transactions.  

(6) Concerning the “Buy-printed-copy”- order, only by dispatching the selected items to you – either by us or by Peecho – we accept your offer and conlcude the contract of sale for these items. Shipping fee has to be paid by you in any case.

(7) We normally dispatch your order in one package. We reserve the right to dispatch your order in more than one package if this is necessary, e.g. due to the size of your order or the amount of selected journals. In this case each dispatch will conclude a separate contract of sale in regard to the respective item(s) in that package.

(8) Your contract is with Service Design Network gGmbH, Mülheimer Freiheit 56, 51063 Köln (Cologne), Germany in any case.

(9) If the selected item(s) or the amount of this item placed in your order is out of stock we will inform you about this circumstance immediately.

(10) In case of temporary unavailability we will dispatch your order as soon as possible.

(11) In case of durable unavailability we will accept your offer concerning the deliverable item(s) or amount by dispatching this/these item(s). In regard to the undeliverable items we will refrain from issuing a declaration of acceptance. In this case the money paid for the undeliverable items will be refunded on your credit card without respite.

§ 3 Payment

(1)The available methods of payment depend on the respective ordering category.

(1.1.) If we proceed your offer, we only accept payments via credit card.

(1.2.) If Peecho proceeds your offer there will be different kinds of payment methods which will be denoted during the ordering process. In any case the amount you will be charged will be shown on the overview of the order. Peecho is liable for this payment process. As soon as Peecho indicates that your buying process has been completed it will wind up your order.

Any enquiries concerning the ordering and payment process should be addressed to Peecho. Please see www.peecho.com for contact details.

(3) You can only acquire property of any delivered good until payment has been fully made.

§ 4 Right of Cancellation

(1) Under German law consumers as defined in § 13 of the German Civil Code (BGB) have a right of cancellation in case of distance selling contracts (§§ 312 g, 355 BGB). This statutory right to cancel for distance selling contracts does not exist or lapses prematurely especially in the fallowing cases:

(2) The delivery of newspapers, journals or magazines with the exception of subscription contracts in reference to § 312 g II sentence 1 No. 7 BGB. This means that there is no right to cancel your contract in case you order a printed copy of our Touchpoint-journal. Any order of the printed version of the Touchpoint-journal is therefore binding and you cannot revoke the offer you placed.

(3) The supply of digital content (including apps, digital software, eBooks, MP3, etc.) which is not supplied on a tangible medium (e.G. on a CD or DVD) if the consumer expressly accepts and at the same time confirms prior to his order that we should begin delivering the content right after the conclusion of the contract. Furthermore a cancellation is no longer technically possible once delivery has started. By ordering a digital copy of our Touchpoint journal (“Download PDF”) you accept and confirm that we should start delivering the content in the moment of concluding the contract.

§ 5 Statutory warranty rights

(1) Customers in the European Union (EU) have statutory warranty rights referring to the applicable legal regulations, in particular to §§ 434 ff. BGB.

(2) To make a complaint or make use of these warranty rights please contact us at Service Design Network gGmbH, Mülheimer Freiheit 56, 51063 Köln, Germany, or via Email at info@service-design-network.org.

§ 6 Limitation of Liability

(1) To the maximum extent permitted by law, we accept no responsibility for any loss, which may arise from reliance on information contained in this website or other sites, which may be linked to our site from time to time.

(2) Claims for damages are excluded unless otherwise agreed below. This exclusion of liability also applies for our legal representatives and vicarious agents.

(3) The liability for the following matters are not limited or excluded: The liability arising from the German Product Liability Act (Produkthaftungsgesetz), liability for assuming a guarantee, liability in case of violation of essential contractual obligations (cardinal obligations), liability for injury to life, body and health and liability for gross negligence and willful misconduct. The same applies to liability for negligence of the vicarious agent or the legal representative. In the above matters, liability is unlimited. This applies for direct damages as well as for indirect damages.

§ 7 Final provisions

(1) The language of the contract shall be English.

(2) All contracts are governed by German law to the exclusion of the UN-Convention on Contracts for the International Sale of Goods (CISG).

(3) This choice of law only applies to consumer only to the extent that the protection granted by the mandatory provisions of the law of the country of the consumer’s usual residence is not deprived.

(4) The sole place of fulfilment for delivery, performance and payment is Cologne if the customer is an entrepreneur in the sense of § 14 German Civil Code (Bürgerliches Gesetzbuch).

(5) In case the Member is a merchant, the exclusive (and international) court of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship is Cologne. In the case of cross-border contracts, this also applies for non-merchants. SDN reserves the right to call on any other internationally responsible court. This also applies to you – not being a consumer – not having your place of general jurisdiction in Germany or the EU or in case that your residence or habitual abode is unknown by the time a lawsuit is filed.

(6) If any provision in these terms and conditions shall be held to be illegal, invalid or unenforceable, in whole or in part, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these terms and conditions and the legality, validity and enforceability of the remainder of these terms and conditions shall not be affected.

(7) With the beginning of 2016 the European Commission provides you an European Online Dispute Resolution platform. Our email address is info@service-design-network.org.