A platform that brings together providers and customers, a marketplace for third-party sellers, a booking portal, a freelancer or tutoring platform or a brokerage service, needs two sets of terms, one towards the providers and one towards the customers, and both must make clear who contracts with whom. Platforms addressing users in Germany are moreover subject to the Platform-to-Business Regulation (EU) 2019/1150 towards business users, to the Digital Services Act and, where consumers buy from third-party traders, to the information duties of § 312l BGB. We draft the complete set for a fixed fee of 1,600 EUR.
What the fixed fee of 1,600 EUR covers
The terms for providers or sellers with the clauses required by the Platform-to-Business Regulation on ranking, suspension, complaints and mediation, the terms for customers with the information on the role of the platform and on the trader status of the providers, the commission and payment provisions, the rules on reviews, the moderation and notice-and-action procedures under the Digital Services Act, liability and applicable law, plus the withdrawal instructions where the platform itself contracts with consumers. The texts are delivered in English and German, ready to publish. We check the integration into the registration processes for both sides, the checkout and the information shown on the listing pages, because terms that are not validly included are not part of the contract under § 305 Abs. 2 BGB. One round of revisions after your comments is included, and as attorneys we are liable for the result.
What you should know
The decisive question for every platform is whether it merely brokers or becomes a party to the contract between provider and customer. German courts decide this on the appearance towards the customer, not on the wording in the terms, so the terms and the user interface must say the same thing. A platform that handles payments may also need a licence or an arrangement with a licensed payment institution, which we point out but do not arrange.
Not included
The payment licensing question and the negotiation of individual contracts with large providers. The privacy policy and legal notice for your website are covered by the website privacy compliance package, reduced to 150 EUR when ordered together.
Prices are net attorney fees. For business clients outside Germany no German VAT is added.
How to instruct us
Send us the details through the form below. You will receive our confirmation and, where required, our questions in English within one working day. We correspond in English throughout the mandate.
The German-language description of this offer, written for clients in Germany, Austria and Switzerland, is available at AGB für Vermittler und Vermittlungsplattformen. Please note that this link takes you to our German website matutis.de. You do not have to use it, everything you need to instruct us for the platform terms is on this page, and you are welcome to write to us in English at any time.