Terms

§ 1 Provider, platform operator and contact

Provider

AWL Zentrum Ltd

Address

Basepoint Business Centre, Unit 34 John de Mierre House, RH16 1UA GB-West Sussex, United Kingdom

Registration

Companies House, Company Number 11973273

VAT identification number

GB323909011

Contact

info@awl-zentrum.de

The operator of Tenderbold (tenderbold.com), provider of the tender information made available there and holder of the rights of use granted in it is AWL Zentrum Ltd, named above.

Tenderbold is a service of AWL Zentrum Ltd. The tender information, individual unlocks and tender subscriptions previously offered in the “AWL-Ausschreibungen” (AWL tenders) section on awl-zentrum.de are continued on tenderbold.com by the same provider.

AWL Zentrum Ltd is referred to below as “AWL”, “Tenderbold”, “we” or “us”.

Depending on the buyer’s tax classification, the purchase is processed either directly with AWL or via the Link entity named in the Stripe Checkout as merchant of record. Details are set out in § 3 of these Terms.

Further mandatory information about AWL can be found in the legal notice (imprint).

§ 2 Scope

These General Terms and Conditions apply to the purchase for a fee and electronic unlocking of individual items of tender information on tenderbold.com.

These Terms do not apply to brokerage services, clearance or waste disposal orders, partner and lead contracts, subscriptions for service providers or other services of AWL. Such services are governed by the terms separately incorporated for them.

For a direct B2B sale by AWL, these Terms constitute the contractual terms between AWL and the customer.

In the case of a sale via Stripe Managed Payments, the Link entity named in the Stripe Checkout and on the invoice is the legal seller and merchant of record. The sale, payment processing, invoicing, the collection and remittance of indirect taxes and transaction-related refunds are additionally governed by the merchant of record’s terms incorporated in the Stripe Checkout. In such a sale, these Terms govern in particular the characteristics, provision and permitted use of the digital product supplied by AWL.

Where provisions of these Terms on payment processing, invoicing, VAT, withdrawal or refunds conflict with mandatory statutory provisions or with the merchant of record’s terms applicable to the specific transaction, the mandatory statutory provisions and, for transaction-related matters, the merchant of record’s terms shall prevail.

Individual agreements take precedence. Deviating terms and conditions of a business customer apply only if the respective seller has expressly agreed to them in text form.

§ 3 Buyer groups and choice of sales channel

The tender information may be purchased by traders, companies, self-employed persons, freelancers, small businesses, legal entities, public authorities, public-law institutions and – where the checkout permits – consumers.

AWL does not require any special proof of documents or identity, such as a trade licence, tax assessment notice, tax card or identity card, for purchases via Stripe Managed Payments.

If the customer provides a valid EU VAT identification number and confirms that the purchase is made exclusively for business purposes, the order may be processed as a direct B2B sale by AWL under the reverse-charge procedure.

If the customer does not provide a valid EU VAT identification number, the order is generally processed via Stripe Managed Payments. In this case, the merchant of record named in the Stripe Checkout becomes the legal seller vis-à-vis the customer and assumes the tax and payment-related obligations assigned to it for the transaction.

AWL and the merchant of record may choose a different sales channel if this is necessary due to the customer’s country, business status, tax details, product classification, technical requirements or legal requirements. The seller applicable to the specific order is named in the checkout before payment is finally completed.

A buyer may not use a third party’s VAT identification number and may not falsely present themselves as a trader, consumer or representative of a company.

If a natural person orders on behalf of a company or organisation, they confirm that they are authorised to place this order. Payment may also be made by a third party with the consent of the authorised card or account holder.

Objective consumer status is not excluded merely because a buyer provides incorrect information in the checkout. Mandatory consumer rights remain unaffected.

§ 4 Subject matter of the digital product

AWL researches, filters, structures and explains information on public or commercial tenders and provides it as a standardised digital information product.

The purchased unlock is a digital product created before the order and provided automatically after payment has been confirmed. Individual advice, a personal assessment of the customer’s suitability or the preparation of tender bids is not owed.

The specific scope of services results from the description of the selected tender at the time of the order. The unlock may in particular include:

– an easy-to-understand summary of the tender,

– information on the contracting authority and available contact persons,

– procurement, notice or reference numbers,

– information on the place of performance, contract value and deadlines,

– a summary of key requirements and supporting documents,

– a documentation checklist or AWL evaluation, and

– a link or other direct access to the official or original source.

The subject matter of the contract is the processing and electronic provision of the specified tender information. Payment is not made for the right to participate, for an award or for the official tender documents as such.

AWL is neither a contracting authority nor a client and does not become a party to a procurement procedure or to any contract subsequently concluded between the customer and a contracting authority.

AWL does not prepare, review or submit any bid on behalf of the customer. Individual legal, tax, technical or procurement law advice is not part of the unlock.

The one-time unlock relates exclusively to the tender named in the checkout, unless a different scope is expressly stated there. No subscription is created.

The information purchased generally reflects the state of processing at the time of the unlock. Ongoing monitoring, updating or notification of subsequent changes is only owed if expressly promised in the checkout.

§ 5 Presentation on the website and conclusion of contract

The presentation of a tender on tenderbold.com does not constitute a binding contractual offer but an invitation to the customer to place an order.

The customer can review and correct their entries before being redirected to payment. The final product, price, tax and seller details are displayed in the respective checkout before the binding conclusion.

In a direct B2B sale by AWL, the customer submits a binding offer by clicking the order button clearly labelled as involving an obligation to pay. The contract is concluded as soon as the VAT identification number has been successfully verified, payment has been confirmed and the order has been confirmed by AWL or the information has been unlocked.

In a sale via Stripe Managed Payments, the contract for the purchase of the digital product is concluded with the Link entity named in the Stripe Checkout. The final price displayed there, the seller entity named there and the sales and payment terms incorporated there are authoritative.

A mere acknowledgement of receipt, a failed payment authorisation or an abandoned checkout session does not give rise to any claim to an unlock.

If an order cannot be completed due to a technical fault, a security concern, a failed tax check or a rejection by the payment service provider, no contract is concluded. Amounts already finally collected will be refunded via the respective payment method, unless another valid order exists.

The contract language is German. Additional languages may be offered in the checkout. In case of doubt, the version effectively incorporated at the time the contract was concluded shall prevail.

The customer can save and print the Terms applicable at the time of the order electronically. Contract and transaction information is also stored to the extent required by law and confirmed electronically.

§ 6 Electronic provision

After the contract has been successfully concluded and payment confirmed, the selected tender information is generally unlocked electronically without undue delay.

Provision may take place via the website, a customer account, an individual access link or by email.

The service is deemed to have been provided as soon as the customer has been given the technical ability to access the unlocked information.

The customer must provide a reachable email address, internet access and a suitable device. They must also check their spam folder and protect their access credentials against unauthorised access.

Delays may occur in particular if a payment has not yet been confirmed or if external payment, tax, verification, email or source systems are temporarily unavailable.

The customer should save the information they need promptly after the unlock. Specific permanent access via a customer account is only owed if this was expressly promised at the time of the order.

§ 7 Prices and due date

The price applies to the one-time unlock of the selected tender. This individual unlock involves no automatic renewal and no recurring charges. By way of derogation, the separately offered tender subscription is governed by §§ 31 to 37; it involves a recurring fee and automatic renewal.

In a direct B2B sale by AWL, the price is shown as a net price. Where the conditions for the reverse-charge procedure are met, no German VAT is charged.

In a sale via Stripe Managed Payments, the VAT or other indirect tax applicable according to the customer’s location, customer status and product classification is calculated by the merchant of record. The total price actually payable by the customer is displayed in the Stripe Checkout before the binding conclusion.

Where a starting or net price is stated on tenderbold.com, the total price shown in the final Stripe Checkout is authoritative for a sale via Stripe Managed Payments.

Unless expressly stated otherwise, the starting price is EUR 29.00 per unlock plus any applicable VAT or other indirect tax.

The total price is due immediately upon conclusion of the contract.

§ 8 Payment processing, invoicing and payment by third parties

The available payment methods are displayed in the respective checkout.

In a direct B2B sale, AWL issues the invoice. In a sale via Stripe Managed Payments, the invoice or corresponding sales receipt is issued by the merchant of record named in the checkout and is generally sent to the customer electronically via Link.

Payment may be made by a person other than the recipient of the service with the consent of the authorised card or account holder. The cardholder’s name therefore does not have to match the name of the customer or invoice recipient.

The customer or payer must be authorised to use the means of payment. In the event of unauthorised use, a fraudulent order or an unjustified chargeback, access may be blocked and statutory claims for payment, injunctive relief or damages may be asserted.

Complete card and account data are processed by Stripe or the selected payment service provider. AWL generally does not store complete credit card data.

Questions about a Managed Payments payment, an invoice issued by Link, a chargeback or a transaction-related refund can be handled via the Link support stated in the confirmation. AWL remains the point of contact for questions about the content and technical provision of the product.

§ 9 Direct B2B sale by AWL and VAT ID verification

Direct sale by AWL is intended exclusively for customers who purchase the service as traders for their business and whose status as a trader for the specific cross-border supply can be confirmed by a valid EU VAT identification number.

By using this sales channel, the customer confirms that:

– they are actually engaged in business,

– they are purchasing the service exclusively for their business or self-employed professional activity,

– the VAT identification number provided is valid,

– the number is assigned to the ordering company,

– the company name, business address and tax residence are correct, and

– they are authorised to act on behalf of the named company.

AWL may verify the VAT identification number via VIES or a comparable official system and store the verification result, the time of verification and the verified details for evidentiary purposes.

AWL may refuse the direct B2B sale or instead refer the customer to Stripe Managed Payments if:

– the VAT identification number is invalid or cannot be confirmed,

– the number is assigned to another company,

– the company details are contradictory or incomplete,

– the purchase is made for private purposes, or

– there are specific indications of abuse or tax evasion.

There is no entitlement to a manual verification of trader status on the basis of other documents.

A person without a valid EU VAT identification number cannot demand the direct reverse-charge sales channel. They may purchase the unlock via Stripe Managed Payments, insofar as this sales channel is available for their country and the specific transaction.

§ 10 VAT and reverse charge in direct B2B sales

AWL Zentrum Ltd is established in the United Kingdom and registered under UK VAT registration number GB323909011.

For a cross-border supply of other services to a trader, the place of supply is generally determined by the place where the recipient has established their business or the fixed establishment relevant to the supply.

For a corresponding supply to a trader established in Germany, the place of supply is generally in Germany. Where the statutory conditions are met, the recipient owes the German VAT under the reverse-charge procedure, in particular pursuant to § 3a(2) in conjunction with § 13b(2) no. 1 and (5) UStG (German Value Added Tax Act).

AWL invoices such a supply net and without German VAT. The invoice contains a reference to the recipient’s liability for the tax or “Reverse Charge”.

Where the place of supply is outside the United Kingdom, no UK VAT is generally charged. The customer is responsible for correctly declaring and paying the tax owed in the recipient’s country.

A mere self-declaration without a valid VAT identification number does not give rise to any entitlement to a direct B2B sale under the reverse-charge procedure.

If it subsequently transpires that the customer intentionally or negligently provided false, incomplete or misleading information, AWL may, to the extent permitted by law:

– correct an invoice,

– charge VAT owed by law retrospectively,

– block access, and

– demand reimbursement of taxes, interest and reasonable legal and advisory costs caused by the false information.

The obligation to reimburse exists only insofar as the additional burden was caused by incorrect or incomplete information for which the customer is responsible. Mandatory statutory rights remain unaffected.

§ 11 Sale via Stripe Managed Payments

In this sales channel, the Link entity named in the Stripe Checkout and on the invoice is the merchant of record and legal seller vis-à-vis the customer.

For supported countries, the merchant of record assumes in particular:

– the calculation and collection of the applicable VAT, sales tax or GST,

– tax registration, filing and remittance, insofar as Stripe provides this tax coverage for the country concerned,

– the issuing of the invoice or sales receipt required for tax purposes,

– payment processing,

– transaction-related fraud and dispute handling, and

– transaction-related customer support.

For customers in Germany and the other EU member states supported by Stripe, the applicable indirect tax is treated according to the circumstances determined in the Stripe Checkout. The customer must truthfully provide the information requested for tax determination regarding location, billing address, customer status and, where applicable, tax registration.

If a business customer provides a tax registration number in the Managed Payments checkout, the merchant of record decides on the tax treatment on the basis of the statutory requirements and its own verification. For this sales channel, AWL gives no assurance of its own that a transaction will necessarily be invoiced net or under the reverse-charge procedure.

If the customer does not provide a valid VAT identification number, the merchant of record may calculate and collect the VAT applicable at the customer’s location. No additional verification of trader status by AWL is required for this.

AWL receives from the merchant of record the payment confirmation required for product delivery and then provides access to the purchased tender information.

AWL can be contacted for product-related questions, technical access problems and content defects. For payment receipts, invoices, chargebacks and transaction-related refunds, the merchant of record’s support channels stated in the checkout and in the confirmation email apply.

Should Stripe exceptionally not provide indirect tax coverage for a particular country, the information shown in the Stripe Checkout and on the invoice applies. AWL and the customer remain responsible for those tax obligations that expressly remain with them under mandatory law.

§ 12 Consumers and statutory right of withdrawal

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession.

The direct B2B sales channel via AWL is not available to consumers. There is no statutory consumer right of withdrawal for a valid purely B2B contract.

If a consumer purchases the digital product via Stripe Managed Payments, the statutory right of withdrawal, its exercise and refunds are governed by mandatory consumer law and by the withdrawal information provided in the Stripe Checkout and the terms of the merchant of record named there.

In a distance contract, a consumer generally has fourteen days from the conclusion of the contract to withdraw their contractual declaration. Withdrawal must be declared to the seller named on the invoice or in the Stripe Checkout and can be exercised via the contact or Link support channels stated there.

In a contract for payment for digital content not supplied on a tangible medium, the right of withdrawal expires before the end of the withdrawal period only if the statutory conditions are met. These include in particular that the consumer has expressly consented to performance of the contract beginning before the end of the withdrawal period, has confirmed their awareness that they thereby lose their right of withdrawal, and has been provided with a corresponding confirmation of the contract.

If any of these conditions is not met, the right of withdrawal is not excluded merely by a provision in these Terms or by the immediate unlock.

Insofar as the unlock is legally classified as a digital service rather than the supply of digital content, the relevant statutory rules on the commencement of performance, the expiry of the right of withdrawal and any compensation for value apply.

Mandatory consumer rights, in particular rights in the event of non-conforming provision of a digital product, are not restricted by these Terms.

§ 13 No voluntary success or satisfaction guarantee

Outside statutory rights of withdrawal, rights in respect of defects and refund rights, there is no entitlement to a refund merely because:

– the customer no longer needs the tender after the unlock,

– the content does not meet the customer’s commercial expectations,

– the customer does not meet the participation requirements,

– the customer does not submit a bid,

– a bid is excluded or rejected,

– the customer is not awarded the contract, or

– the contracting authority changes or cancels the procedure after the unlock.

Statutory rights arising from a defect, a failure to provide or a valid consumer withdrawal remain unaffected.

In a Managed Payments sale, any refund owed is processed via the merchant of record and generally to the means of payment originally used.

§ 14 Customer obligations

The customer must provide all order, contact, location, company and tax details completely and correctly.

The customer must personally check the official original source and the complete tender documents before any participation or business decision.

In particular, the customer is personally responsible for determining whether:

– the tender is still current,

– their company is eligible to participate,

– all suitability and participation requirements are met,

– permits, insurance, certificates and supporting documents are available,

– deadlines, communication channels and formal requirements are complied with,

– amendments or bidder information have been published, and

– submitting a bid makes commercial sense.

Only the original documents and communications of the respective contracting authority are authoritative. The AWL summary does not replace a full review of them.

Access credentials, individual links and unlocked content must be protected against unauthorised use.

§ 15 No guarantee of participation, contract value or award

AWL does not guarantee that the customer is eligible to participate, meets all requirements or is able to submit a commercially suitable bid.

AWL does not guarantee that a bid by the customer will be accepted, evaluated or awarded the contract.

Published or estimated contract values are indicative figures unless they are expressly designated as officially confirmed information.

AWL gives no guarantee regarding:

– a particular number of competitors,

– a particular chance of winning or being awarded the contract,

– the profitability of the contract,

– an extension of deadlines,

– the procedure being carried out unchanged, or

– the conclusion of a contract with the contracting authority.

Decisions on participation, exclusion, evaluation, cancellation and award are made exclusively by the respective contracting authority.

§ 16 Sources, timeliness and changes to the tender

The information provided is based on public, official or other lawfully accessible sources.

AWL endeavours to select, check and present the information carefully and understandably. A tender may be amended, supplemented, corrected, cancelled or withdrawn by the contracting authority at any time.

Deadlines, contact persons, requirements, documents and access routes may change, including at short notice and after the unlock.

The customer must therefore check the original source again for changes and supplementary bidder information before submitting a bid and before making other business decisions.

Information from third-party sources does not become a guarantee by AWL merely because it is reproduced.

A change, blocking or cancellation of the original source or tender that occurs only after the unlock does not constitute a defect in the AWL service already provided in accordance with the contract.

If material information was already recognisably incorrect, incomplete or outdated at the time of the unlock, the statutory provisions and the following provisions on defects and subsequent performance apply.

§ 17 Rights of use

AWL summaries, evaluations, selection decisions, structures and database content may be protected by copyright, database rights or otherwise.

Upon full payment, the customer receives a simple, non-exclusive and non-transferable right to use the unlocked AWL content for their own private or own business purposes. The use of official original documents is governed by the applicable statutory and source-specific provisions.

A business customer may make the unlocked content available to its own employees and directly engaged advisers insofar as they need it for the specific tender and are bound to confidentiality.

Without AWL’s prior consent, the following are in particular not permitted:

– resale or passing on for a fee,

– public disclosure of substantial AWL content,

– systematic reproduction,

– building or enriching a competing database,

– automated extraction, scraping or mass downloading,

– circumvention of technical protection measures,

– passing on an account to other companies, and

– use for training, populating or operating third-party commercial databases or AI systems.

Rights to official original documents, trademarks and third-party content remain with the respective rights holders.

§ 18 Customer account and access protection

Where a customer account is created, the customer must provide correct contact details and use secure access credentials.

The account may only be used by the customer and, in the case of business customers, by their authorised employees. Passing it on to other persons or companies is not permitted.

The customer must inform AWL without undue delay if they suspect unauthorised access or misuse.

AWL may temporarily block an account or access if there are specific indications of fraud, abuse, unauthorised sharing, a security breach or a material breach of these Terms.

The customer is liable for activities via their account only insofar as they are responsible for them.

§ 19 Defects, technical errors and subsequent performance

The customer should report recognisable technical or content errors to info@awl-zentrum.de without undue delay after discovering them, identifying the tender concerned and the error as precisely as possible.

In the event of a defect for which AWL is responsible, AWL may, in accordance with applicable law, in particular:

– correct or supplement the information,

– provide working access,

– provide the digital service again, or

– arrange a refund via the respective seller.

If subsequent performance owed fails, is refused or is unreasonable, the customer is entitled to the statutory rights.

For consumers, the mandatory statutory provisions on digital products apply. Contractual restrictions in these Terms do not apply insofar as they deviate from mandatory consumer rights.

Changes to the original source after the unlock and circumstances that AWL neither caused nor can control do not automatically constitute a defect for which AWL is responsible.

§ 20 Blocking and termination for good cause

AWL may block access or prohibit further use for good cause, in particular if the customer:

– uses a third party’s or manipulated VAT identification number,

– uses false identity, location or company data,

– uses a means of payment without authorisation,

– reverses a payment fraudulently or without objective reason,

– impermissibly resells or systematically passes on content,

– circumvents technical protection measures, or

– significantly misuses the platform.

Where possible and reasonable, the customer will be given the opportunity to comment before a permanent block. This does not apply if an immediate block is necessary to protect AWL, Stripe, Link, other customers or third parties.

Mandatory consumer, defect and refund rights remain unaffected. Further statutory claims for payment, injunctive relief and damages are reserved.

§ 21 Liability

AWL is liable without limitation:

– in cases of intent and gross negligence,

– for injury to life, body or health,

– under expressly assumed guarantees,

– for fraudulent concealment of a defect, and

– in cases of mandatory statutory liability.

In the event of a slightly negligent breach of a material contractual obligation, AWL is liable only for the damage typical of the contract and foreseeable at the time the contract was concluded. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely.

Otherwise, AWL’s liability for slight negligence is excluded to the extent permitted by law.

In accordance with the preceding paragraphs, AWL is in particular not liable for merely indirect commercial expectations, lost profits, contracts not obtained, awards not received or expenses for unsuccessful bid preparation.

AWL is not liable for the availability, lawfulness or accuracy of third-party websites and original sources, insofar as AWL is not responsible for the breach of duty concerned.

The limitations of liability apply accordingly in favour of AWL’s legal representatives, employees and vicarious agents.

Vis-à-vis consumers, the above limitations apply only insofar as they are compatible with mandatory consumer law.

For breaches of duty by the merchant of record in connection with payment, invoicing, tax processing or transaction-related support, the respectively responsible contracting party is liable in accordance with the statutory and contractual provisions applicable to the transaction. AWL is not liable for a breach of duty by the merchant of record merely because AWL has technically integrated its checkout; any breach of duty for which AWL itself is responsible remains unaffected.

§ 22 Indemnification for infringements attributable to the customer

A business customer shall indemnify AWL against justified third-party claims arising from the following acts for which the customer is responsible:

– use of a third party’s, manipulated or improperly used VAT identification number,

– intentionally or negligently false information about company status or registered office,

– unauthorised use of a means of payment,

– unlawful disclosure or exploitation of AWL content, or

– any other culpable infringement of third-party rights through their use.

The indemnification covers the necessary and reasonable costs of legal defence. AWL will inform the customer of any claims asserted and, where reasonable, give them the opportunity to participate in the defence.

The indemnification does not apply insofar as AWL itself caused or contributed to the damage. Vis-à-vis consumers, this provision applies only within the framework of the statutory provisions.

§ 23 Data protection

The processing of personal data by AWL is governed by the privacy policy of tenderbold.com.

Stripe and the Link entity named in the checkout process payment, billing, location, tax and transaction data in accordance with their own privacy notices and in order to perform their tasks as payment service provider or merchant of record.

In a direct B2B sale, AWL may process company data and VAT verification results in particular in order to:

– initiate and perform the contract,

– verify trader status and tax treatment,

– fulfil statutory documentation obligations, and

– prevent fraud or abuse.

In Managed Payments sales, AWL receives the data required for matching the order, the unlock, customer service, abuse prevention and compliance with statutory obligations.

§ 24 Technical availability and force majeure

AWL endeavours to ensure reliable technical availability of the platform and of the purchased access. Uninterrupted or completely error-free availability at all times is not guaranteed.

Temporary restrictions may arise in particular from maintenance, security measures, attacks, internet disruptions or failures of external payment, email, tax, verification and source systems.

Neither party is liable for delays due to extraordinary events beyond its control that were not foreseeable at the time the contract was concluded and could not have been averted even with reasonable care. Payment, provision, defect and refund obligations that have already arisen remain unaffected.

§ 25 Set-off and retention in B2B relationships

A business customer may only set off against AWL claims that are undisputed or have been finally established by a court. This does not apply to directly related claims arising from the same contractual relationship.

A right of retention may only be exercised on account of claims arising from the same contractual relationship. § 354a HGB (German Commercial Code) remains unaffected.

These restrictions do not apply vis-à-vis consumers insofar as they would impair their mandatory statutory rights.

§ 26 Communication and support

Contract- and product-related communications may be sent electronically to the email address provided by the customer.

The customer must keep their contact details up to date and enable the receipt of contract-related messages.

Product-related communications to AWL must be sent to info@awl-zentrum.de.

In Managed Payments sales, transaction-related enquiries regarding payment, invoicing, refunds or chargebacks should primarily be made via the support channels named in the Link confirmation.

§ 27 Consumer dispute resolution

AWL is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board, unless there is a mandatory statutory obligation to do so.

The European Commission’s former online dispute resolution platform has been discontinued and is therefore not stated as a complaints channel.

For disputes arising from a Managed Payments sale, the complaints and support channels of the merchant of record named in the checkout additionally apply.

§ 28 Applicable law and place of jurisdiction

Direct B2B contracts with AWL and product-related legal relationships with AWL are governed by the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, unless mandatory provisions conflict with this.

For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the country of their habitual residence.

If AWL’s direct contracting party is a merchant, a legal entity under public law or a special fund under public law, the courts competent for AWL’s registered office shall – to the extent permitted by law – have jurisdiction. AWL may also sue the customer at the customer’s general place of jurisdiction.

For sales via Stripe Managed Payments, the choice-of-law and jurisdiction provisions of the merchant of record named in the checkout additionally apply with regard to the purchase, payment and refund relationship. Mandatory consumer places of jurisdiction remain unaffected.

§ 29 Changes to these Terms

An individual order is governed by the version of these Terms made available to the customer immediately before placing their order and effectively incorporated.

Subsequent changes do not alter a one-time unlock contract that has already been fully completed.

Changes may be made for future orders in particular on the basis of new laws, case law, tax rules, payment methods or technical processes.

§ 30 Final provisions

Individual agreements take precedence over these Terms.

Should any provision of these Terms be wholly or partially invalid or unenforceable, the remaining provisions shall remain valid. The invalid or unenforceable provision shall be replaced by the statutory provisions.

Headings serve solely to improve readability and do not affect legal interpretation.

§ 31 Tender subscription – subject matter and application

In addition to the one-time purchase of individual tender information (§§ 1 to 30), AWL offers a paid access subscription (“tender subscription”). For the tender subscription, §§ 31 to 37 take precedence over the preceding provisions insofar as they deviate from them. Otherwise, §§ 1 to 30 apply accordingly.

The subject matter of the tender subscription is the time-limited provision of access to the tender information researched, verified and processed by AWL. It is a digital service within the meaning of § 327(2) sentence 2 of the German Civil Code (Bürgerliches Gesetzbuch, BGB): for the duration of the contract, the customer receives access to data that AWL continuously collects, verifies and updates. What is owed is the provision of access during the term, not the delivery of a finished work.

The tender subscription may be taken out by traders and – where the checkout permits – by consumers. Proof of trade registration is not required.

§ 32 Plans, prices and VAT

AWL offers two plans:

– Monthly subscription: EUR 99.00 net per billing period of one month, plus any applicable VAT or other indirect tax.

– Annual subscription: EUR 790.00 net per billing period of one year, plus any applicable VAT or other indirect tax.

The amounts stated are net prices. The total price actually payable per billing period, including all taxes, is displayed to the customer before the binding conclusion – both on AWL’s confirmation page and in the subsequent checkout. The total price shown there is authoritative.

There are no set-up fees and no ongoing costs beyond the plan price. The customer bears the costs of their own data connection.

The same two routes as for individual purchases (§§ 9 to 11) apply to tax treatment: if the customer provides a valid EU VAT identification number applicable to the specific supply, the sale is made directly by AWL under the reverse-charge procedure without German VAT being shown; in this case AWL issues its own invoice for each paid billing period. In all other cases, the sale is made via Stripe Managed Payments; there, the merchant of record named in the checkout calculates, collects and remits the applicable VAT and issues the invoices and receipts itself.

§ 33 Term, renewal and cancellation

The initial term corresponds to the selected billing period: one month for the monthly subscription, one year for the annual subscription. It begins upon confirmation of the first payment.

After the initial term expires, the contract is automatically renewed for a further billing period of the same length unless it has been cancelled beforehand. At the start of each renewal period, the agreed fee becomes due again and is collected.

The customer may cancel the contract at any time and without giving reasons with effect from the end of the respective paid billing period. No notice period applies; what matters is that the notice of cancellation is received before the end of the current billing period. The right of both parties to terminate for good cause remains unaffected.

The following options are available to the customer for cancellation:

– the cancellation button “Verträge hier kündigen” (cancel contracts here) at awl-zentrum.de/kuendigen; it can be accessed without logging in,

– an informal declaration in text form to info@awl-zentrum.de or to the address stated in § 1,

– the management function of the payment service named in the checkout.

AWL accepts notices of cancellation regardless of which of the two routes under § 32 was used to conclude the contract, and forwards them without undue delay to the payment service or merchant of record. Receipt of the cancellation is confirmed to the customer in text form without undue delay; the confirmation contains the content of the declaration, the date and time of receipt and the date on which the contractual relationship ends.

Billing periods that have already been paid for and have expired are not refunded, to the extent permitted by law. Further mandatory consumer rights, in particular the right of withdrawal under § 34 and rights in respect of defects, remain unaffected.

§ 34 Consumer right of withdrawal for the tender subscription

If the customer is a consumer within the meaning of § 13 BGB, they have a statutory right of withdrawal. The withdrawal period is fourteen days from the day the contract is concluded.

The tender subscription is a digital service (§ 31). In a service contract, the right of withdrawal expires only once the service has been fully performed (§ 356(5) BGB). Since the service owed is provided continuously throughout the entire term, it is generally not fully performed within the withdrawal period. AWL therefore expressly does not claim that the right of withdrawal expires upon unlocking.

If the consumer expressly requests that performance begin before the end of the withdrawal period – which is required for immediate unlocking – and subsequently withdraws, they owe compensation for the value of the service already provided up to the withdrawal pursuant to § 357a(2) BGB. The compensation is calculated pro rata according to the ratio of the service provided up to the declaration of withdrawal to the total scope of the service provided for in the contract. The remaining part of the fee paid is refunded.

Details, the full wording of the withdrawal information and the model withdrawal form can be found in the withdrawal policy at awl-zentrum.de/widerruf. Withdrawal can also be declared electronically directly there; receipt is confirmed without undue delay on a durable medium.

The following applies to direct sale by AWL under the reverse-charge procedure (§ 32): this route requires a valid VAT identification number used for business purposes and is not open to consumers. There is no consumer right of withdrawal for a valid purely B2B contract.

§ 35 Scope of services during the subscription

During the term of the contract, all tender information publicly posted on tenderbold.com is unlocked for the customer. This expressly includes tenders that are only published after the contract is concluded.

The unlock ends when the contract ends. For further use, individual unlocks for a fee under §§ 1 to 30 apply again.

Tender information that the customer purchased individually before, during or after the subscription remains unaffected and stays permanently unlocked even after the contract ends.

There is no entitlement to a particular number, type, region or minimum quantity of tenders. Scope and composition depend on the official notices actually available. § 15 applies accordingly: the subscription does not include any guarantee of participation, contract value or award.

The rights of use under § 17 apply accordingly. They are limited to the customer’s own internal business use and end with the contract; systematic analysis, disclosure or publication of the content is not permitted.

§ 36 Payment processing and management of the subscription

Recurring payments are processed via Stripe. If the sale is made via Stripe Managed Payments, the Link entity named in the checkout is the merchant of record; it collects the payments, shows and remits the VAT and issues the invoices and receipts.

In this case, the customer can view and change the means of payment, billing address, receipts, renewal and cancellation via the payment service’s management portal. AWL does not provide its own management of payment methods or receipts for the subscription. The cancellation and withdrawal options under §§ 33 and 34 exist in addition to and independently of this.

If a subsequent payment fails, the payment service will make further payment attempts. Access remains in place until the end of the billing period already paid for. If no payment is made by then, the unlock ends; any fee claim that has already arisen remains in place.

Switching between the monthly and annual subscription is possible by cancelling the current contract and concluding a new one. Multiple subscriptions running simultaneously on the same customer account are not provided for and are technically prevented.

§ 37 Contract confirmation

After the contract is concluded, the customer receives a confirmation of the contract on a durable medium. It contains the selected plan, the total price including taxes, the billing period, the notice of automatic renewal, the cancellation option, the start of performance as well as these contractual terms and the withdrawal information.

If the consumer has expressly consented to performance beginning early, this consent is also reflected in the confirmation.