General Terms and Conditions

NextKon – a service by TS Veranstaltungstechnik GmbH & Co. KG · Version 1.0 of 02.10.2026

Courtesy translation. Only the German version is legally binding.

For businesses, agencies, associations and public bodies – not for consumers.

§ 1 Scope, businesses only

(1) These General Terms and Conditions (GTC) apply to all contracts for NextKon packages (e.g. NextKon Chat, NextKon VOD, NextKon Expo) between TS Veranstaltungstechnik GmbH & Co. KG, Bürenweg 5, 73102 Birenbach, Germany (“NextKon” or “we”) and its customers – whether booked in the NextKon account or agreed by quote.

(2) Our offers are aimed exclusively at entrepreneurs within the meaning of Section 14 German Civil Code (BGB), legal entities under public law and special funds under public law, as well as associations and foundations not acting as consumers. Consumers (Section 13 BGB) cannot conclude contracts with us; by booking, the customer confirms that it is not acting as a consumer.

(3) Deviating terms of the customer do not apply, even if we do not expressly object to them. For on-site services or productions (e.g. NextKon Hybrid, Online, Studio) the respective quote takes precedence and these GTC apply in addition.

§ 2 Services

(1) The scope, limits (e.g. number of participants, chats, storage, viewing hours, stands) and term of a package result from the package description on nextkon.de/pricing at the time of booking or from the quote. We provide the services as software over the internet (software as a service); the customer receives no software for installation.

(2) The services are operated in data centres in Frankfurt am Main, Germany. We may use suitable subcontractors (currently Amazon Web Services EMEA SARL, data centres in Frankfurt am Main) and develop the services technically, provided the booked core functions are retained.

(3) Free trials and demos are non-binding; there is no entitlement to provision, availability or retention of data.

§ 3 Conclusion of contract

(1) The presentation of packages on our pages is not a binding offer. By submitting the booking in the NextKon account, the customer makes a binding offer. The contract is concluded when payment at PayPal has been completed and we activate the package; the customer receives a confirmation by email.

(2) For quotes, the contract is concluded upon acceptance of the quote in text form. For each booking we store which version of these GTC the customer accepted and when; the customer can view the version in its account at any time.

§ 4 Prices and payment

(1) All prices are net plus statutory VAT. Self-booked packages are payable in advance via PayPal; the invoice is sent by email. Introductory prices apply to bookings made by the date stated and, for annual packages, for the first contract year. If a business based outside Germany provides a VAT ID, we do not charge German VAT (reverse charge); we check the number when issuing the invoice and charge VAT subsequently if it is invalid or does not belong to the customer.

(2) For quotes, payment is due without deduction within 14 days of invoicing, unless otherwise agreed.

§ 5 Term, termination, data after the end of the contract

(1) Day passes apply to the booked calendar days (00:00 to 23:59, German time). Annual packages run for twelve months from activation, event packages for the stated period. Self-booked packages end automatically without notice; they are extended by a new booking.

(2) The right to terminate for good cause remains unaffected. Good cause exists for us in particular if the customer uses the services for unlawful content despite a warning.

(3) After a package ends, the admin area and export options (e.g. chat history, videos) remain accessible for another 30 days. We then delete the content unless there is a statutory retention obligation. The customer is responsible for backing up its content in good time.

§ 6 Availability and maintenance

(1) We operate the services with great care, with backups and monitoring, and aim for an availability of 99 % on monthly average. We do not owe uninterrupted availability. We announce planned maintenance in advance where possible and do not schedule it on booked event days.

(2) We are not responsible for disruptions beyond our sphere of influence, in particular outages or disruptions of data centres and cloud providers, network operators and internet exchanges, third-party attacks (e.g. DDoS), force majeure, and disruptions in the sphere of the customer or its participants (e.g. internet connection, devices, firewalls, embedded third-party pages).

§ 7 Outage on the event day: money back

(1) If a booked package cannot be used, in whole or in essential parts, for more than 60 minutes on a booked event day for reasons for which we are responsible, we will, on request, refund in full the fee paid for that day (for day passes the price of the day, for annual and event packages a daily share, at least 10 % of the package price). The same applies to disruptions under § 6 sentence 2 if we could readily have avoided them.

(2) The customer reports the outage to [email protected] as soon as possible, at the latest within 14 days. We remedy disruptions as quickly as possible; on the event day restoration takes priority over all other work.

§ 8 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, for fraudulently concealed defects and to the extent we have given a guarantee.

(2) In the case of slight negligence, we are only liable for breach of an essential contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely (cardinal obligation). Liability is then limited to the typical, foreseeable damage. For the packages, the parties assume that this damage does not exceed the fee paid for the affected package (for annual packages: the fees of the last twelve months); liability per incident and in total per package is limited to this amount.

(3) Within paragraph 2, we are not liable for indirect and consequential damage, in particular lost profit, costs of the customer’s event (e.g. venue hire, fees, travel, catering or advertising costs), claims of participants, exhibitors or sponsors against the customer, or the cancellation or postponement of an event. For events where an outage of the service would have serious consequences, the customer ensures that a fallback is available; on request we offer Enterprise packages with standby for this.

(4) For loss of data we are liable within paragraphs 1 to 3 only for the effort that would be required for restoration if the customer had backed up its data regularly (in particular by keeping the original files). Refunds under § 7 are credited against claims under this § 8. Claims based on slight negligence become time-barred one year after they arise. These paragraphs also apply in favour of our employees and vicarious agents.

§ 9 Customer obligations

(1) The customer keeps its login details confidential, uses the services only within the booked scope and informs us immediately if it suspects misuse. It is responsible for the content posted by itself, its moderators, exhibitors or participants, and moderates chats and questions under its own responsibility.

(2) The customer only posts content for which it holds the necessary rights (in particular copyright, trademark, personality and music rights) and which does not violate laws or third-party rights. It indemnifies us against third-party claims based on such content to the extent it is responsible for the infringement. In the event of obvious infringements or an official order we may block content; we will inform the customer.

§ 10 Content and rights of use

All customer content remains its property. For the term of the contract, it grants us the non-exclusive right to store, technically convert (e.g. video formats) and deliver it to the extent required for the service. The customer receives a non-exclusive, non-transferable right to use the services for the term of the package.

§ 11 Data protection and data processing

To the extent we process personal data on behalf of the customer (e.g. names and posts in the chat, viewing data in the video library), the customer is the controller. We conclude a data processing agreement under Art. 28 GDPR for this, which the customer signs in the admin area of the respective service or in the NextKon account. We are the controller for the data of the NextKon account itself; our privacy policy applies.

§ 12 Confidentiality and references

Both parties treat confidential information of the other party confidentially, including after the end of the contract. We only name the customer as a reference (name, logo) if it has given prior consent in text form.

§ 13 Changes to these GTC

Each booking is governed by the version of these GTC accepted by the customer at the time of booking. New versions apply only to new bookings. All previous versions remain available at nextkon.de/agb.

§ 14 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes is the registered office of TS Veranstaltungstechnik GmbH & Co. KG, provided the customer is a merchant, a legal entity under public law or a special fund under public law. Should any provision be invalid, the remainder of the contract remains valid; the invalid provision is replaced by the statutory provision.

Previous versions: none