Sales in DACH – Consumer Terms and Conditions (B2C)

Last updated: 13th of February 2026

Scope

Welcome to the Sales in DACH “Consumer Terms & Conditions” (“Consumer Terms”) which describe and govern our relationship with you in respect of the “Sales in DACH Platform”.

Whenever these Consumer Terms say “Sales in DACH”, “we”, “us” and “our”, it refers to HK Consulting Ltd which is incorporated in England & Wales with the registration number of 14198035 and a registered address of 5 Brayford Square, London, England, E1 0SG.

Whenever these Consumer Terms say “Sales in DACH Platform”, it refers to our web-based learning, enablement and members platform, including digital learning content, resources, live sessions, events, recordings (where available), templates and related digital services, accessible via our websites and platform domains (including but not limited to salesindach.mykajabi.com and app.salesindach.com) and owned by Sales in DACH.

Whenever these Consumer Terms say “you”, it refers to you as an individual person / consumer. It’s important that you read these Consumer Terms carefully because they create a legally binding contract between us if you accept them when subscribing to the Sales in DACH Platform.

These Consumer Terms were most recently updated on the date set out above. If you have any questions concerning these Consumer Terms, please contact our Customer Services Team on info@salesindach.com.

Clause 1: Eligibility, commencement and duration

This section tells you who we will contract with, the start of the contract and how long it lasts (including auto-renewal where applicable).

  1. You agree and understand that the Sales in DACH Platform is not available to anyone under the age of sixteen (16). By entering into these Consumer Terms, you agree that you are of the age of sixteen (16) years or older and will only create an account on the Sales in DACH Platform by using your real full name.

  2. These Consumer Terms shall commence on the date upon which you confirm acceptance to these Consumer Terms and subscribe to a specific package on the Sales in DACH Platform.

  3. Packages, inclusions, pricing and the term length of your subscription are displayed at checkout and on our website: www.salesindach.com.

  4. These Consumer Terms shall continue for the duration of the package term you selected at purchase (for example, monthly, quarterly, annual or otherwise) and shall automatically renew for the same renewal period only where your selected package is set to auto-renew, unless terminated by you or us in accordance with clause 11.

Clause 2: Legal right to cancel

This section tells you your legal right to cancel and when it will apply.

  1. You have fourteen (14) calendar days after accepting these Consumer Terms and paying us to change your mind about the package for which you have subscribed with Sales in DACH.

  2. You will lose this right outlined above once you access the package (such as by streaming or downloading any content, attending or accessing live sessions, accessing recordings, or accessing materials within the Sales in DACH Platform). If you change your mind prior to accessing the package, you may contact our Customer Services Team on info@salesindach.com so that we can provide you with our cancellation form and subsequently refund you as soon as possible. We will not charge a fee to refund you.

Clause 3: Changes to the Sales in DACH Platform and these Consumer Terms

This section tells you that we may change our product and these Consumer Terms and explains when and how.

  1. We can always change the Sales in DACH Platform to:
    (a) reflect changes in relevant laws and regulatory requirements;
    (b) implement minor technical adjustments and improvements; and/or
    (c) further improve our offering to you.
    These are changes that do not materially affect your use of the Sales in DACH Platform.

  2. We can also stop providing any part of the Sales in DACH Platform provided that we have given you at least seven (7) calendar days’ notice in advance and we refund you any sums you’ve paid in advance on a pro-rata basis for that specific part of the Sales in DACH Platform which won’t be provided.

  3. We may modify these Consumer Terms, our Privacy Notice and Cookies Notice from time to time. If we make material changes to these documents, we will provide you with notice by email or other means to provide you with the opportunity to review the changes before they become effective.

  4. Your continued use of the Sales in DACH Platform after we publish or send a notice about changes to these Consumer Terms means that you are consenting to the updated terms as of their effective date. If you object to any changes, you may notify us by emailing our Customer Services Team on info@salesindach.com.

Clause 4: Access to the Sales in DACH Platform

This section tells you how you get access and our rights to suspend, withdraw or restrict availability.

  1. Sales in DACH grants you a personal non-exclusive, limited, revocable, non-sublicensable and non-transferable right to access and use the Sales in DACH Platform subject to these Consumer Terms.

  2. Upon you providing Sales in DACH with your full name, email address, payment details and confirming acceptance of these Consumer Terms, we will issue you with a user licence which will include a username and prompt you to create your own password.

  3. You shall ensure that you do not disclose, share or allow your username and password to be used by anyone else. If you share your username and password with another person, this will be deemed by Sales in DACH to constitute a material breach of these Consumer Terms.

  4. You shall be responsible for installing any software and/or hardware and making any other arrangements required to use the Sales in DACH Platform, including use of a network or other connection required to access the Sales in DACH Platform.

  5. We may suspend, withdraw or restrict the availability of all or any part of the Sales in DACH Platform for operational reasons such as scheduled or emergency maintenance. We will try to give you reasonable notice of any suspension, withdrawal or restriction.

  6. If we suspend, withdraw or restrict availability for longer than three (3) consecutive calendar days in a six (6) month period, you may contact our Customer Services Team on info@salesindach.com and request a refund (on a pro-rata basis) for the time of the inaccessibility.

Clause 4A: Third-party services and integrations

  1. The Sales in DACH Platform may rely on or integrate with third-party services (including but not limited to payment processors, video conferencing tools, email providers, hosting providers, analytics providers, and platform infrastructure providers).

  2. We do not control and are not responsible for the availability, performance, outages, errors, acts or omissions of third-party services. Where the Sales in DACH Platform is unavailable or impacted due to third-party service issues, we will use reasonable efforts to restore service, but we shall not be liable for such third-party failures to the fullest extent permitted by law.

  3. Where access to features requires you to create or maintain an account with a third-party service, you are responsible for complying with that third party’s terms and policies.

  4. If third-party service issues cause the Sales in DACH Platform to be inaccessible for more than three (3) consecutive calendar days in a six (6) month period, your rights (including any pro-rata refund request) remain governed by clause 4.6.

Clause 5: Use of the Sales in DACH Platform (including Members area)

This section tells you the rules about how you must use our product.

  1. You agree to do the following in connection with the Sales in DACH Platform:
    (a) ensure beforehand that the Sales in DACH Platform meets your own requirements; and
    (b) provide such information to Sales in DACH as we request and which we consider necessary for providing the Sales in DACH Platform.

  2. You shall not:
    (a) copy, modify, harvest or create derivative works of the Sales in DACH Platform;
    (b) reverse engineer, disassemble or decompile the Sales in DACH Platform or apply any process or procedure to derive the source code of any software included in the Sales in DACH Platform;
    (c) resell or sub-license the Sales in DACH Platform;
    (d) use the Sales in DACH Platform in a way that circumvents security measures or that might have a negative effect on the Sales in DACH Platform (including by introducing software designed to disrupt or damage the Sales in DACH Platform) or any other persons’ or businesses’ systems, websites or security; or
    (e) scrape, harvest or collect data from the Sales in DACH Platform, including but not limited to platform content, recordings, member data or any other data, without written consent from Sales in DACH.

  3. Members area conduct. You must behave professionally and must not post, share or transmit unlawful, harassing, defamatory, discriminatory, misleading or abusive content. We may remove content, restrict access and/or terminate your access if your conduct breaches these Consumer Terms.

Clause 6: Ownership of intellectual property

This section tells you that we own all intellectual property in our product and explains what you should not do with it.

  1. All intellectual property subsisting in, created during, or used in connection with the Sales in DACH Platform, including any modifications and amendments thereto, provided to you by Sales in DACH, shall be and remain the sole property of Sales in DACH or our licensors (and shall be Sales in DACH’s “Intellectual Property”).

  2. You shall not, without our prior written consent, use or adopt any name, trade name, trading style or commercial designation used by us, or do or omit anything to infringe on any Intellectual Property Rights relating to the Sales in DACH Platform. You agree to notify us immediately if you become aware of any unauthorised use of our Intellectual Property.

  3. In the event that new intellectual property, inventions, designs or processes evolve in the performance of or as a result of the Sales in DACH Platform, including where modifications recommended by you are incorporated by us into the Sales in DACH Platform, you acknowledge that the same shall be Sales in DACH’s Intellectual Property unless otherwise agreed in writing by us.

  4. “Intellectual Property Rights” refers to patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Clause 7: Data protection

This section tells you that we comply with the law and directs you to our Privacy Notice.

  1. We are a data controller and comply with applicable data protection law.

  2. How we use any personal data that you give us is set out in our Privacy Notice which you can find here: www.salesindach.com/privacy-notice.

Clause 8: Fees and payment

This section tells you about our fees and how we may amend them.

  1. You can find the details for each package, including the fees, on our website: www.salesindach.com.

  2. We require our fees to be paid upfront via our website for the duration of the package term you select at purchase (for example, monthly, quarterly, annual or otherwise), unless otherwise stated at checkout.

  3. We reserve the right to amend the fees that we charge for our packages. Where your subscription is an annual subscription and set to auto-renew, we will email you forty-five (45) calendar days in advance of the renewal date so that you can see the fees that would be payable unless you terminate the contract in accordance with clause 11. 

Clause 8A: Chargebacks and payment disputes

 

  1. If you believe a payment has been taken incorrectly, you must contact our Customer Services Team at info@salesindach.com before initiating any chargeback, payment reversal, or payment dispute with your bank or payment provider.

  2. Where you initiate a chargeback, reversal, or dispute without first contacting us and giving us a reasonable opportunity to resolve the issue, we may suspend your access to the Sales in DACH Platform (including any associated accounts) until the dispute is resolved.

  3. You acknowledge that chargebacks may cause us administrative costs and fees. To the fullest extent permitted by law, where a chargeback is initiated without a valid legal basis or is decided in our favour, you agree that we may recover from you any reasonable costs we incur in responding to and handling the chargeback (including payment provider fees and administrative costs).

  4. Nothing in this clause limits any statutory rights you may have as a consumer or prevents you from raising a legitimate dispute where required by law.

 

Clause 9: Disclaimer and warranty

This section tells you our disclaimer of legal liability for the quality and reliability of our product.

  1. We make no representations or warranty about the Sales in DACH Platform, including any representation that the services will be uninterrupted or error-free, and provide the Sales in DACH Platform (including content and information) on an “as is” basis.

  2. To the fullest extent permitted under applicable law, we disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose.

  3. No guarantee of results. Any statements, examples, case studies or testimonials about outcomes are illustrative only and do not constitute a promise or guarantee. Your outcomes depend on factors outside our control, including your execution, experience, team performance, market conditions and third-party tools.

Clause 10: Liability

This section tells you the limit to legal liability that we have to you (where the law allows us to have a limit).

  1. References to liability in this clause 10 includes every kind of liability arising under or in connection with these Consumer Terms & Conditions including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

  2. Our liability for any of the following is not excluded or limited by these Consumer Terms & Conditions:
    (a) death or personal injury caused by its negligence; or
    (b) fraud or fraudulent misrepresentation; or
    (c) any other liability which cannot be legally excluded or limited.

  3. In no event shall we be liable for special, incidental, consequential, indirect or punitive damages including, but not limited to, loss of revenue or profit, loss of data, loss of use of any property or costs of substitute performance, equipment or service.

  4. Subject to clause 10.2. and clause 10.3., our total liability for all claims, losses, expenses, or damages arising under these Consumer Terms & Conditions shall in no event exceed the total fees that you have paid in a three (3)-month period to use the Sales in DACH Platform immediately preceding the date on which the event giving rise to the claim took place.

  5. The provisions of this clause 10 shall apply to the fullest extent of the law, whether in contract, statute, tort (such as negligence), or otherwise.

Clause 11: Termination

This section tells you how we and you may terminate this contract and what continues after termination.

  1. We can end these Consumer Terms with you and claim any compensation due to us if:
    (a) you don’t make any payment when it’s due and you still don’t make payment within seven (7) calendar days of our reminding you that payment is due;
    (b) you don’t within a reasonable time of us asking for it, provide information, co-operation or access that we need to provide your package; and/or
    (c) you have breached a material term in these Consumer Terms (including, without limitation, account sharing, scraping/harvesting data, misuse of member information, unlawful conduct in the Members area, posting harmful content, or infringement of our Intellectual Property).

  2. If we terminate due to clause 11.1.(b) or (c), we will not provide you with a refund of any fees that you have paid (where applicable).

  3. Annual subscriptions (if applicable). You may terminate annual subscriptions by providing thirty (30) calendar days’ notice to expire on the relevant anniversary stating that you do not wish to renew. To terminate, you may contact our Customer Services Team on info@salesindach.com.

  4. Monthly or quarterly packages. Where you purchased a monthly or quarterly package, termination will take effect at the end of the current billing period (unless otherwise stated at checkout) and may be completed through the cancellation mechanism provided at checkout, within your account settings, or by emailing info@salesindach.com.

  5. Any clause in these Consumer Terms that by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

  6. Termination shall not affect any rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach which existed at or before the date of termination.

Clause 12: Other important terms

  1. Events beyond our control. If our supply of the Sales in DACH Platform is restricted or unavailable entirely by an event outside of our control, we will contact you as soon as possible and do what we can to reduce the restriction or unavailability. As long as we do this, we won’t compensate you for the restriction or unavailability for up to fourteen (14) calendar days, but if the restriction or unavailability is substantial and continues for more than fourteen (14) calendar days, you can contact our Customer Services Team on info@salesindach.com to end the contract and receive a refund on a pro-rata basis less reasonable costs that we have already incurred.

  2. Entire agreement. These Consumer Terms and any documents (and weblinks) referred to in it constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

  3. Severance of a term. If a court or other authority invalidates some of these Consumer Terms, the rest of it will still apply.

  4. Waiver. Even if we are delayed in enforcing these Consumer Terms, we can still enforce them later. Not enforcing immediately does not waive our rights.

  5. Communications and notices.
    (a) Any notice or other communication given by us or you shall be in writing and shall be sent by email to:  info@salesindach.com

  • For you: the email address you provided at the time of subscribing.
    (b) Any email will be deemed to be received at the time of transmission, or if this time falls outside of “Business Hours” in the place of receipt, when the Business Hours resume. “Business Hours” refers to anytime between 09:00 – 17:30 from and including Monday to Friday in England & Wales.

  1. Transferring the contract. We may transfer these Consumer Terms so that a different organisation is responsible for supplying the Sales in DACH Platform. We will tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under these Consumer Terms. If you’re unhappy with the transfer, you can contact our Customer Services Team on info@salesindach.com to end the contract within seven (7) calendar days of us telling you about it and we will refund you part of your payment (calculated on a pro-rata basis).

  2. Rights of other individuals or businesses. These Consumer Terms are between you and us. Nobody else can enforce them and neither of us will need to ask anybody else to sign-off on ending or changing them.

  3. Governing law. These Consumer Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by, and construed in accordance with, the law of England and Wales.

  4. Jurisdiction. We and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Consumer Terms or their subject matter or formation.

B) Sales in DACH – Business Terms and Conditions (B2B)

Last updated: 13th of February 2026

Scope

These “Business Terms & Conditions” (“Business Terms”) describe and govern each party’s rights and responsibilities in respect of the Sales in DACH Platform.

Any references to “Sales in DACH”, “we”, “us” and “our” refer to HK Consulting Ltd which is incorporated in England & Wales with the registration number of 14198035 and a registered address of 5 Brayford Square, London, England, E1 0SG.

Any references to “Customer” refer to your business which has agreed to these Business Terms.

Please read these Business Terms carefully because they are a binding agreement between Sales in DACH and the Customer. We may amend these Business Terms from time to time and the revised version will be effective at the time we publish it, unless otherwise noted. These Business Terms were most recently updated on the date set out above. The Customer’s continued use of the Sales in DACH Platform following the publication of any changes constitutes acceptance.

Clause 1: Definitions

Applicable Laws: refers to all applicable laws, statutes, regulations, and codes from time to time in force (including anti-bribery and corruption requirements and anti-slavery and human trafficking requirements).

Business Day: refers to a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Business Hours: refers to the time period from 09:00 – 17:30 during a Business Day.

Calendar Day: refers to each day in the week including Saturday, Sunday or a public holiday in England.

Data Protection Laws: refers to all laws and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including without limitation (i) the UK GDPR (ii) the European Union’s General Data Protection Regulation 2016/679 and any other directly applicable European Union regulation relating to data protection and privacy.

Fees: refers to the fees payable by the Customer for the subscription to the Sales in DACH Platform as set out in clause 11.

Intellectual Property Rights (“IPR”): refers to patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Sales in DACH Platform: refers to the web-based learning, enablement and members platform accessible via our websites and platform domains (including but not limited to salesindach.mykajabi.com and app.salesindach.com) and owned by Sales in DACH, including digital learning content, resources, templates, live sessions, events, and recordings (where available).

UK GDPR: refers to the retained European Union law version of the General Data Protection Regulation 2016/679 as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 and as amended by Schedule 1 to the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (SI 2019/419).

Authorised Users: means the Customer’s employees, officers and agents who are issued user licences to access the Sales in DACH Platform.

Clause 2: Interpretation

  1. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. A reference to a statute or statutory provision includes any subordinate legislation made from time to time under that statute or statutory provision.

  2. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

  3. Unless the context otherwise requires, words in the singular shall include the plural and words in the plural shall include the singular.

  4. A reference to writing or written includes email.

Clause 3: Commencement and Term

  1. These Business Terms shall commence on the date upon which the Customer confirms acceptance to these Business Terms and subscribes to a specific package within the Sales in DACH Platform.

  2. These Business Terms shall be for the minimum duration of the package term selected at purchase (for example monthly, quarterly, annual or otherwise) and shall automatically renew for the same renewal period only where the selected package is set to auto-renew, unless terminated by either party in accordance with clause 13.

Clause 4: Access to the Sales in DACH Platform

  1. Sales in DACH grants the Customer a personal non-exclusive, limited, revocable, non-sublicensable and non-transferable right to access and use the Sales in DACH Platform subject to these Business Terms.

  2. Upon the Customer providing Sales in DACH with the full name and email addresses of all users within the Customer, Sales in DACH shall issue user licences which will include a username and prompt the user to create a password. All users issued licences are “Authorised Users”.

  3. The Customer shall ensure that Authorised Users do not disclose, share or allow their username and password to be used by any other party including other individuals within the Customer for which the Customer has not purchased a licence. Any sharing/disclosure will be deemed a material breach. The Customer shall ensure Authorised Users agree to and abide by these Business Terms.

  4. The Customer shall be responsible for installing any software and/or hardware and making any other arrangements required to use the Sales in DACH Platform, including a network or connection required to access it.

  5. Sales in DACH may suspend, withdraw or restrict availability of all or any part of the Sales in DACH Platform for operational reasons such as scheduled or emergency maintenance. Sales in DACH will try to give the Customer reasonable notice as soon as possible.

Clause 4A: Third-party services and integrations

  1. The Sales in DACH Platform may rely on or integrate with third-party services (including but not limited to payment processors, video conferencing tools, email providers, hosting providers, analytics providers, and platform infrastructure providers).

  2. Sales in DACH does not control and is not responsible for the availability, performance, outages, errors, acts or omissions of third-party services. To the maximum extent permitted by law, Sales in DACH shall not be liable for any loss or damage arising from third-party service failures.

  3. Where use of certain features requires the Customer or Authorised Users to create or maintain an account with a third-party service, the Customer is responsible for ensuring compliance with that third party’s terms and policies.

  4. Any service credits, refunds, or remedies relating to downtime caused by third-party services are limited to those expressly stated in these Business Terms (if any) and do not create additional liability for Sales in DACH.

Clause 5: Use of Sales in DACH Platform

  1. The Customer agrees to:
    (a) ensure beforehand that the Sales in DACH Platform meets its own requirements; and
    (b) provide such information to Sales in DACH as we request and which we consider necessary for providing the Sales in DACH Platform.

  2. The Customer shall not:
    (a) copy, modify, harvest or create derivative works of the Sales in DACH Platform;
    (b) reverse engineer, disassemble or decompile the Sales in DACH Platform or apply any process or procedure to derive source code of any software included;
    (c) resell or sub-license the Sales in DACH Platform;
    (d) use the Sales in DACH Platform in a way that circumvents security measures or might negatively affect the Sales in DACH Platform (including introducing software designed to disrupt or damage the Sales in DACH Platform) or any other person’s or business’s systems, websites or security; or
    (e) scrape, harvest or collect data from the Sales in DACH Platform, including but not limited to platform content, recordings, user data or any other data, without written consent from Sales in DACH.

  3. The Customer shall inform Sales in DACH immediately upon becoming aware of any breach of clause 5.2 and shall provide any assistance required by us to identify any such third party and to protect our or our licensors’ IPR.

Clause 6: Warranty and Disclaimers

  1. To the maximum extent permitted by law and except as expressly set forth in these Business Terms, Sales in DACH expressly disclaims any warranty of any kind relating to the Sales in DACH Platform, whether express, implied, statutory or otherwise, including without limitation any implied warranty of merchantability, fitness for a particular purpose or the reasonable use of skill and care. The Sales in DACH Platform is provided on an “as is” basis and, to the maximum extent permitted by law, without any warranty of any kind.

  2. Sales in DACH will make reasonable commercial efforts to ensure its systems are free from virus or other technologically harmful material that may infect Customer’s computer equipment or systems due to the Customer’s use of the Sales in DACH Platform. To the maximum extent permitted by law, Sales in DACH disclaims all liability for any loss or damage caused by any technologically harmful material accessed or arising from use of the Sales in DACH Platform.

  3. No guarantee of outcomes. Any statements, examples, case studies or testimonials about results are illustrative only and do not constitute a promise or guarantee. Customer acknowledges results depend on factors outside Sales in DACH’s control (including implementation, team execution, market conditions and third-party tools). Customer remains solely responsible for decisions and outcomes.

Clause 7: Publicity and Marketing

The Customer agrees to and permits Sales in DACH to use the Customer’s logo and/or trademark(s) on the Sales in DACH website, social media channels and in marketing material for the sole purpose of demonstrating that Sales in DACH has a business relationship with the Customer.

Clause 8: Ownership of IPR

  1. All intellectual property subsisting in, created during, or used in connection with the Sales in DACH Platform, including any modifications and amendments thereto, provided to the Customer by Sales in DACH, shall be and remain the sole property of Sales in DACH or our licensors (and shall be Sales in DACH’s “Intellectual Property”).

  2. The Customer shall not, without our prior written consent, use or adopt any name, trade name, trading style or commercial designation used by us, or do or omit anything to infringe on any IPR relating to the Sales in DACH Platform. The Customer agrees to notify Sales in DACH immediately if it becomes aware of any unauthorised use of our Intellectual Property.

  3. In the event that new intellectual property, inventions, designs or processes evolve in the performance of or as a result of the Sales in DACH Platform, including where modifications recommended by the Customer are incorporated by Sales in DACH into the Sales in DACH Platform, the Customer acknowledges that the same shall be Sales in DACH’s Intellectual Property unless otherwise agreed in writing.

Clause 9: Confidentiality

  1. Each party recognises that under these Business Terms it may receive trade secrets and/or confidential or proprietary information belonging to the other. Subject to clause 9.3, all such information designated as confidential, or otherwise clearly confidential in nature, constitutes “Confidential Information”.

  2. Each party undertakes that it shall not at any time during these Business Terms, and for a period of two (2) years after termination or expiry, disclose to any person any Confidential Information (including information concerning the business, affairs, customers or suppliers of the other party), except as permitted by clause 9.3.

  3. Each party may disclose the other party’s Confidential Information:
    (a) to its employees, officers, representatives, contractors, sub-contractors or advisers who need to know such information for the purposes of carrying out the party’s obligations, provided each is bound by confidentiality obligations;
    (b) if it is in the public domain or becomes public knowledge other than as a result of a breach; or
    (c) as may be required by Applicable Laws, a court of competent jurisdiction or any governmental or regulatory authority, provided that the disclosing party promptly notifies and consults with the other party in advance in relation to timing and content (unless prohibited by law).

  4. Neither party shall use the other party’s Confidential Information for any purpose other than to perform its obligations under these Business Terms.

Clause 10: Data Protection and Information Security

  1. Both parties shall comply with all applicable requirements included in the Data Protection Laws. Each party is an independent data controller as defined in the Data Protection Laws.

  2. Each party shall ensure that it has appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result and the nature of the data, having regard to the state of technological development and the cost of implementing measures.

  3. This clause 10 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Laws.

Clause 11: Fees and Payment

  1. The Fees applicable for all packages can be found on our website: www.salesindach.com.

  2. The Customer shall pay Sales in DACH the relevant Fees upfront via Sales in DACH’s website for the duration of the selected package term.

  3. Sales in DACH reserves the right to amend Fees. The Customer is advised to review the latest Fees posted on our website before any renewal date, as these Business Terms may automatically renew and the new Fees shall subsequently be applicable unless terminated in accordance with clause 13.

Clause 11A: Chargebacks and payment disputes

  1. If the Customer believes a payment has been taken incorrectly, the Customer shall notify Sales in DACH promptly at info@salesindach.com and allow a reasonable opportunity to investigate and resolve the matter before initiating any chargeback, payment reversal, or payment dispute with any bank or payment provider.

  2. Where the Customer initiates a chargeback, reversal, or dispute, Sales in DACH may suspend access to the Sales in DACH Platform for the Customer and its Authorised Users until the dispute is resolved.

  3. Where a chargeback is initiated without valid basis or is decided in Sales in DACH’s favour, the Customer shall reimburse Sales in DACH for all reasonable costs incurred in responding to and handling the dispute (including payment provider fees, administrative costs, and reasonable legal fees where applicable).

  4. This clause does not limit either party’s right to pursue legitimate legal remedies.

Clause 12: Liability

  1. References to liability in this clause 12 includes every kind of liability arising under or in connection with these Business Terms including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

  2. Sales in DACH’s liability for any of the following is not excluded or limited:
    (a) death or personal injury caused by its negligence or the negligence of its employees, agents or sub-contractors; or
    (b) fraud or fraudulent misrepresentation; or
    (c) any other liability which cannot be legally excluded or limited.

  3. In no event shall Sales in DACH be liable for special, incidental, consequential, indirect or punitive damages including, but not limited to, loss of revenue or profit, loss of data, loss of use of any property or costs of substitute performance, equipment or service.

  4. Subject to clause 12.2 and 12.3, Sales in DACH’s total liability for all claims, losses, expenses, or damages arising under these Business Terms shall in no event exceed the total Fees paid for three (3) months’ use of the Sales in DACH Platform immediately preceding the date on which the event giving rise to the claim took place.

  5. The Customer shall be responsible for all actions or omissions of the Authorised Users, and any breaches of these Business Terms, as if they were the Customer’s acts, omissions or breaches.

  6. The provisions of this clause 12 shall apply to the fullest extent of the law, whether in contract, statute, tort (such as negligence), or otherwise.

Clause 13: Termination

  1. Either party may provide notice to expire on the relevant renewal date stating that it does not wish to renew these Business Terms. The applicable notice period is thirty (30) Calendar Days unless otherwise stated at checkout or in a separate written agreement.

  2. Without affecting any other right or remedy available, either party may terminate these Business Terms with immediate effect at any time by giving written notice if:
    (a) the other party commits a material breach and (if remediable) fails to remedy within thirty (30) Calendar Days after being notified;
    (b) the other party repeatedly breaches terms in a manner that reasonably justifies the opinion that its conduct is inconsistent with having the intention or ability to give effect to the terms;
    (c) the other party takes any step or action in connection with entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up, having a receiver appointed to any of its assets or ceasing to carry on business;
    (d) the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business; and/or
    (e) the other party’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to these Business Terms is in jeopardy.

For the avoidance of doubt, a material breach includes credential sharing, access beyond purchased licences, scraping/harvesting data, infringement of IPR, or unlawful/disruptive conduct by Authorised Users on the Platform.

  1. In the event that either party terminates in accordance with clause 13.1 or 13.2, no Fees paid by the Customer shall be refundable.

  2. On termination or expiry, the following clauses shall continue in force: clause 1 (Definitions), clause 2 (Interpretation), clause 7 (Publicity and Marketing), clause 8 (Ownership of IPR), clause 9 (Confidentiality), clause 10 (Data Protection and Information Security), clause 11 (Fees and Payment), clause 12 (Liability), this clause 13 (Termination) and clause 14 (General).

  3. Termination or expiry shall not affect any rights, remedies, obligations or liabilities that have accrued up to the date, including the right to claim damages in respect of any breach which existed at or before termination or expiry.

Clause 14: General

  1. Applicable Laws. Each party shall ensure it complies with Applicable Laws at all times.

  2. Force majeure. Neither party shall be in breach nor liable for delay/failure to perform obligations if caused by events beyond reasonable control. If delay/non-performance continues for ninety (90) Calendar Days, the party not affected may terminate by giving seven (7) Calendar Days’ written notice.

  3. No partnership or agency. Nothing in these Business Terms establishes a partnership, joint venture or agency relationship. No party may bind another.

  4. Entire agreement. These Business Terms and any documents referred to constitute the entire agreement and supersede all prior agreements relating to the subject matter.

  5. Waiver. A waiver is only effective if in writing and is not a waiver of subsequent breach. Failure/delay to exercise rights is not a waiver.

  6. Severance. If any provision is invalid, it shall be modified to the minimum extent necessary to make it valid; if not possible, it shall be deemed deleted without affecting the rest.

  7. Notices.
    (a) Notices must be in writing and delivered by hand, by pre-paid first-class post/next working day service, or by email.
    (b) In the case of Sales in DACH: info@salesindach.com.
    (c) In the case of the Customer: the email address provided at subscription.
    (d) Notices are deemed received:

  • by hand: when left at proper address;

  • by post: 9.00 am on the second Business Day after posting;

  • by email: at time of transmission or, if outside Business Hours, when Business Hours resume.

  1. Assignment. Sales in DACH may assign, charge, transfer or deal with its rights and obligations without prior written consent of the Customer.

  2. Third party rights. These Business Terms do not give rise to rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.

  3. Misrepresentation. Each party agrees it has no remedies for any statement, representation, warranty or understanding not expressly set out in these Business Terms. No claim for innocent or negligent misrepresentation based on statements other than as set out here.

  4. Governing law. England and Wales.

  5. Jurisdiction. Courts of England and Wales have exclusive jurisdiction.