This Monthly Subscription Contract template is designed for businesses operating under German jurisdiction that offer recurring services or products on a subscription basis. It is particularly relevant for companies providing digital services, content access, or regular product deliveries, whether in B2C or B2B contexts. The document incorporates all necessary elements required by German law, including mandatory consumer protection provisions, withdrawal rights, and GDPR compliance measures. It's structured to address the specific requirements of the German Civil Code (BGB) regarding continuing obligations (Dauerschuldverhältnisse) and includes specific provisions for electronic commerce when subscriptions are sold online. The Monthly Subscription Contract template is regularly updated to reflect changes in German consumer protection laws and e-commerce regulations.
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1. Parties: Identification of the service provider and subscriber, including full legal names and addresses
2. Background: Brief context of the subscription service being offered
3. Definitions: Key terms used throughout the agreement
4. Service Description: Detailed description of the subscription service and its features
5. Subscription Terms: Duration, renewal, and modification terms of the subscription
6. Fees and Payment: Subscription costs, payment schedule, and payment methods
7. Termination Rights: Terms for ending the subscription, including notice periods and procedures
8. Data Protection: GDPR-compliant provisions regarding personal data processing
9. Right of Withdrawal: Consumer's right to withdraw from the contract within 14 days (as per German law)
10. Limitation of Liability: Scope and limitations of provider's liability under German law
11. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Service Level Agreement: Required for technical or online services to specify availability and performance standards
2. Additional Services: Include when offering premium features or add-on services
3. User Obligations: Include for services requiring specific user behavior or compliance
4. Intellectual Property Rights: Required when the subscription includes access to protected content or IP
5. Assignment and Subcontracting: Include when either party may need to transfer rights or obligations
6. Force Majeure: Include for services that could be affected by external circumstances
7. Confidentiality: Required when sensitive information is exchanged between parties
1. Service Description Schedule: Detailed technical specifications and service features
2. Pricing Schedule: Detailed breakdown of fees, including any tiered pricing or optional features
3. Data Processing Agreement: Required under GDPR when personal data is processed
4. Withdrawal Form: Standard form for consumer's right of withdrawal as required by German law
5. Terms of Use: Detailed rules and guidelines for using the service
6. Service Level Metrics: Specific performance indicators and service standards
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