General Terms and Conditions (GTC) of JUSTCOTE LTD / offsetmycarbon.net 
Version: January, 2023
1. SCOPE
2. General
1.1. offsetmycarbon – JUSTCOTE LIMITED (“offsetmycarbon“), a British organisation, is engaged worldwide in effective climate protection through consulting services, education and climate protection projects. offsetmycarbon pursues this goal as a organisation that relies on current science and market mechanisms to effect positive climate change.
1.2. offsetmycarbon works in the following areas in particular:
a) Climate protection projects
b) Sustainability consulting
c) Climate education
d) Project development

1.3. Wherever offsetmycarbon provides services, offsetmycarbon will conclude an individual contract with the client regarding the services and the specific terms and conditions for the services (the SERVICE CONTRACT). Section B hereof shall apply in particular.
1.4. Projects or activities in the fields of climate protection and climate education that are financed by the profit we make from the sales of carbon credits or climate protection contributions.
1.5. These GTC apply to all services provided by offsetmycarbon. Any and all services provided by offsetmycarbon – including additional services – are provided solely on the basis of these GTC. By concluding the service contract, the client consents to the GTC of offsetmycarbon.
1.6. The service contract takes precedence over these GTC in cases of conflicts wherever there is clear proof of the substance of the conflict (including, without limitation, written form). These GTC apply supplementarily to the service contract. Conflicting general terms and conditions of the client will not be recognised unless offsetmycarbon expressly accepts them in writing.

1. SERVICE CONTRACT
2. Formation of Contract
2.1. The SERVICE CONTRACT is not formed until both parties have signed the written SERVICE CONTRACT that has been individually agreed with the client.

3. Payments
3.1. Services that offsetmycarbon provides under the SERVICE CONTRACT shall be compensated on the basis of the pre-tax terms stipulated therein. These services are subject to value-added tax unless a specific service is exempt from value-added tax (such as, without limitation, education services and service exports). Value-added tax is added to the pre-tax price of all services subject to value-added tax, using the applicable rate in each case and subject to amendments and adjustments in value-added tax law.
3.2. Unless otherwise agreed in the SERVICE CONTRACT, invoices shall become due and payable 30 calendar days after invoicing. Payment shall be made to the account specified on the invoice without deductions in the currency shown. Any and all banking fees associated with the payment must be borne by the client and must not lower the total invoiced amount.

3.3. If the client misses the agreed payment deadline, he will be in default from the due date without requiring a reminder and will owe offsetmycarbon late payment interest of 5 % p.a. offsetmycarbon expressly reserves the right to claim damages.

4. Client Data
4.1. The client grants offsetmycarbon access as needed to client-specific data and/or knowledge holders of relevance to the provision of the service.
4.2. The client represents and warrants to offsetmycarbon that the transmitted data is accurate and complete. offsetmycarbon assumes no liability for defects or consequential damage to the client if the service provided by offsetmycarbon is based on incorrect, erroneous or incomplete data from the client.
4.3. offsetmycarbon uses and treats the data and information received from the client confidentially in accordance with the provisions hereof (including, without limitation, section 17). offsetmycarbon may, however, use data in a processed or derived form, which may also be based on client data, for statistical, scientific or advertising purposes. If such data is published, offsetmycarbon will anonymise the client name or first obtain the client’s express consent to the publication of his name.

5. Reports
5.1. Reports or scientific analyses and other services that offsetmycarbon undertakes in accordance with the SERVICE CONTRACT may only be used by the client for the purposes specified in the SERVICE CONTRACT.
5.2. offsetmycarbon retains any and all copyrights in the reports created by offsetmycarbon unless the service contract expressly transfers the copyrights to the client.
5.3. Data and calculations that are passed to the customer by offsetmycarbon are also covered by the confidentiality.
6.

IT Services and IT Tools

6.1. offsetmycarbon uses various software solutions (the IT tools) when providing services for clients. offsetmycarbon configures the IT tools according to the client’s specifications and/or adapts the IT tools to the client’s system and maintains the IT tools pursuant to the service contract.
6.2. The service contract governs licensing, purpose and usage fees for IT tools. For ecoinvent background data made available on offsetmycarbon IT-TOOLS, the “Terms of Use for Users of offsetmycarbon Software Applications Using ecoinvent Data” also apply.
6.3. The IT tools made available by offsetmycarbon shall be used exclusively for the purposes stipulated in the service contract. offsetmycarbon disclaims any and all liability if the IT tools are used for other purposes.
6.4. offsetmycarbon strives to offer uninterrupted services and operates according to the best-effort principle. offsetmycarbon disclaims any and all liability if the IT tools are temporarily unavailable.

7. Seminars and Educational Materials
7.1. offsetmycarbon provides numerous seminars, classes and further education programmes on climate issues. A scheduled educational event will only be held if enrolment reaches the number stipulated in the service contract. offsetmycarbon will give the client a firm commitment on whether the event will be held no later than three days before the scheduled event date.
7.2. offsetmycarbon reserves the right to charge an administrative fee equal to the costs incurred by offsetmycarbon to prepare an agreed, scheduled educational event if the client cancels the educational event and/or if the educational event is not held because the agreed minimum enrolment threshold was not met.
7.3. offsetmycarbon provides educational materials for certain educational projects. Depending on the terms of the individual agreement, offsetmycarbon will either invoice the educational materials separately or provide them free of charge as part of the educational project.
8. Climate protection contribution
8.1 offsetmycarbon enables both companies and private individuals to determine their greenhouse gas emissions and to finance the realisation of offsetmycarbon climate protection projects and the achievement of a concrete number of emission reductions or emission removals through carbon contributions (climate protection contribution). The offsetmycarbon climate protection projects reduce greenhouse gas emissions or achieve greenhouse gas removals directly at the source by replacing energy sources that impact the climate with clean ones, avoiding methane emissions or creating or revitalising natural sinks such as trees or wetlands. In particular, projects in the fields of renewable energies, energy efficiency, avoidance of methane emissions and renaturation are supported.
8.2 Subject to special provisions in the respective AGREEMENT, offsetmycarbon undertakes to express all climate protection contributions in CO₂-ton-equivalent (tCO₂e) and to assign them to specific climate protection projects. offsetmycarbon ensures that every financed tCO₂e is verified and, if an external project standard is used, certified by an independent third party. offsetmycarbon further warrants that all contractually agreed emission reductions and removals are recorded in internationally recognised, public registers if such are offered by the project standard used, or alternatively in an internal register if no such register exists. Any allocation and quiescence for the client shall be noted in the register by offsetmycarbon.
8.3. Subject to deviating provisions in AGREEMENTS made with companies and with the exception of projects in the area of land use and forests according to 10.3.1, offsetmycarbon undertakes to ensure that the corresponding emission reductions are achieved no later than three years after receipt of a climate protection contribution, and, if necessary according to 8.2, certified and/or verified and quiesced for the client within the same period. The three-year period is calculated from the year in which the payment was received to the end of the calendar year in the third subsequent year.
8.3.1 Subject to deviating provisions in AGREEMENTS made with companies, offsetmycarbon undertakes to ensure that, in projects in the land use and forest sector, the corresponding emission reductions and removals have been reserved for the client no later than three years after receipt of a climate protection contribution and the measures that lead to such emission reductions and removals are carried out within this period. The removals shall take place over the period of the sink effect, according to the project documentation and/or the standard applied.
8.3.2 In the event of an unforeseen delay, the foreseeable under-generation or the foreseeable lack of generation of emission reductions and removals in the selected offsetmycarbon climate protection projects, and unless otherwise agreed with the client, offsetmycarbon guarantees the realisation of the climate protection contribution:
8.a) through emission reductions and removals in the selected climate protection project from a later verification period, or a different quiescence or reservation date (than provided for in 10.3.), or
b) through emission reductions and removals of another climate protection project of the same project standard with the same quiescence or reservation date (as provided for in 10.3.), or
c) through emission reductions and removals of another climate protection project of the same project standard with different quiescence or reservation dates (than provided for in 10.3.).
8.4. All certificates quiesced by offsetmycarbon represent a successful, concrete reduction calculated and verified according to the methods and rules of the contractually agreed project standard. If the agreement does not contain any special provisions, the client can make the relevant climate protection contribution public in accordance with Article 15 (below). The extent to which the client may designate the relevant climate protection contribution as “carbon offsetting” or “climate neutral” is determined by the rules of the respective project standard and the general legal provisions. offsetmycarbon does not guarantee whether or to what extent the certificates are mapped in national accounting systems or the suitability of the certificates for offsetting purposes. This also applies if the certificates originate from projects for which the country of origin issued a letter of authorisation in accordance with the principles laid down in Article 6 of the Paris Agreement or for its implementation and announced a ‘“corresponding adjustment” therein. offsetmycarbon is only responsible here insofar as the certificates issued to the client originate from the project in question and have been verified. Whether and to what extent the country of origin undertakes the corresponding adjustment in question is outside offsetmycarbon’s area of responsibility. The client cannot refuse acceptance of the respective certificates with reference to any potential lack of a corresponding adjustment. offsetmycarbon can demand that the client refrain from the use of the designation “carbon offsetting”, “climate neutral” or the use of a similar term if there is reason to believe that the designation is inadmissible and/or misleading according to the rules of the project standard or legal provisions.
8.5. If the client measures the donation contribution according to the amount of their own greenhouse gas emissions, offsetmycarbon points out that the determination of the greenhouse gas emissions is based solely on the data provided by the donor. In particular, offsetmycarbon is not responsible for incorrect, erroneous or incomplete donor data or for calculation errors that arise due to incorrect, erroneous or incomplete donor data.

9. Climate Education Projects
9.1. offsetmycarbon carries out various awareness projects in climate education for various age and target groups.
9.2. Companies, foundations and private individuals support these offsetmycarbon projects through donations. offsetmycarbon uses the donations in accordance with the purpose set out in the donation agreement.
9.3. Public institutions support offsetmycarbon climate education projects through contributions that are classified as subsidies for value-added tax law purposes. offsetmycarbon uses these contributions in accordance with the purpose set out in the donation agreement.

1. GENERAL PROVISIONS
2. Termination of Contracts
10.1. Unless otherwise agreed in the service contract, both the client and offsetmycarbon may terminate the service contract for convenience without giving reasons as per the end of each calendar year by giving six months’ prior notice, at the earliest one year after the agreement has been signed.
10.2. A service contract may be terminated for cause with immediate effect at any time without giving prior notice. Cause shall particularly be deemed to exist if, giving due consideration to the interests of both parties, it would be unreasonable to expect a continuation of the contractual relationship, for example, if:
a) clients have not met their financial obligations after having been dunned twice;
b) one party to the contract or agreement has become insolvent and/or files for bankruptcy or the bankruptcy has been rejected for lack of assets or
c) the client’s statements or actions conflict with the values and goals of offsetmycarbon or the client’s conduct may damage offsetmycarbon’s reputation.
10.3. The termination is only effective if made in written form and, unless otherwise agreed in the service contract or donation agreement, must be sent to the other party to the contract or agreement by registered letter. The client must send terminations to the following address:

Company Name: JUSTCOTE LIMITED
Company number: 13881985
167-169 Great Portland Street, London, England, W1W 5PF
Phone: +44 333 050 3479
11. Liability
11.1. Unless otherwise agreed in the service contract or donation agreement, offsetmycarbon shall be liable solely for damages arising as a direct result of the violation of material contractual obligations by offsetmycarbon and which offsetmycarbon (or its representatives or vicarious agents) has caused intentionally or through gross negligence.
11.2. offsetmycarbon disclaims any further liability. In particular, offsetmycarbon shall not be liable for damages due to factors beyond the control of offsetmycarbon, including, without limitation, fire, strikes, seizure, inclement weather, natural disasters, nuclear incidents, political unrest, war or terrorism, general shortage of raw materials, restrictions in the use of energy, failures of the technical infrastructure such as servers, communications facilities, internet or power supply for which offsetmycarbon is not at fault, et cetera. Nor shall offsetmycarbon be liable for damages caused by the fact that a partner or supplier of offsetmycarbon is affected by these circumstances and offsetmycarbon is unable to meet its contractual obligations as a result. In particular, offsetmycarbon is also not liable for damage, including damage to reputation, resulting from errors or omissions in a project standard, a certificate register, a host country or an independent verifier.

12. Information
In an annual report, offsetmycarbon reports in detail each year on funds received, the use of funds and the carbon offset and climate education projects financed by these funds. The annual reports can be downloaded from www.offsetmycarbon.net. offsetmycarbon does not guarantee that any information made accessible by offsetmycarbon is free from errors or conforms to foreign law without any modifications.

13. Use of Labels, Names and Logos
13.1. offsetmycarbon gives the client the right to make the contractual relationship with offsetmycarbon known to third parties and to use the client’s support for offsetmycarbon carbon offset and climate education projects in the client’s communications, including, without limitation, the client’s website, annual report or official press releases, using the offsetmycarbon brand in accordance with the provisions of these GTC and the offsetmycarbon corporate design guidelines as they may change from time to time and are published on www.offsetmycarbon.net. The use of the offsetmycarbon brand requires the prior written consent of offsetmycarbon.
13.2. The use of a offsetmycarbon label requires a corresponding agreement in the service contract. When using the offsetmycarbon label, the client shall comply with the provisions hereof and with the offsetmycarbon corporate design guidelines as they may change from time to time and are published on www.offsetmycarbon.net.
13.3. The client shall make any and all changes to the offsetmycarbon brand and (if authorized by contract) offsetmycarbon label and any associated representations within one month of being notified by offsetmycarbon. The client must also update any and all marketing materials with the new offsetmycarbon brand and label at the client’s own expense within six months of being notified in writing by offsetmycarbon.
13.4. The client grants offsetmycarbon a non-exclusive, non-transferrable right to use the client’s name and logo for publication purposes. offsetmycarbon may name the client as a reference on its website or in other media unless the parties have agreed otherwise in a service contract.
13.5. The right to use the offsetmycarbon brand or, where applicable, the offsetmycarbon label, ceases in any event in case of a continuing breach of the service contract or donation agreement, in case of a gross violation of obligations under these GTC, in case of damage to offsetmycarbon’s reputation or if the client’s statements or actions conflict with the values and goals of offsetmycarbon. Prior to revoking the right, offsetmycarbon may give the client a period of time to correct the misconduct.
13.6. Upon termination of the cooperation, the materials and rights (especially logos and labels) mutually provided under this agreement may no longer used and must, where necessary, be returned. This does not include citing the cooperation for reference purposes.

14. Websites
14.1. offsetmycarbon operates various websites for information purposes, to provide online CO₂ calculators or for specific climate education projects (the WEBSITES). The IT tools are not considered to be websites even if they are provided on an online server.
14.2. offsetmycarbon accepts no liability for the content of the WEBSITES. Liability for damages of any kind arising from or in connection with access to, use of or consultation of the WEBSITES or use of the information retrievable from it is excluded in its entirety. Information and data on the WEBSITES are for information purposes only. In particular, no liability is assumed for the topicality, completeness and correctness of the contents. offsetmycarbon is not liable for any lack of accessibility of the WEBSITES or specific applications and functionalities of the WEBSITES.
14.3. offsetmycarbon is in particular not liable for the topicality, completeness, correctness and legality of information and statements of third parties, even if such information or statements are made accessible to users on a WEBSITE or social media platform operated by offsetmycarbon. offsetmycarbon is also not liable for links to third-party websites and the content of such websites.
14.4. For ecoinvent background data made available on offsetmycarbon WEBSITES, the “Terms of Use for Users of offsetmycarbon Software Applications Using ecoinvent Data” also apply.
14.5. Illegal or defamatory statements on the WEBSITES are not permitted and will be deleted immediately by offsetmycarbon. offsetmycarbon reserves the right to take legal action against offending users.

15. Data Protection
15.1. Clients can generally use the WEBSITES without providing personal data. The servers of the WEBSITES merely register non-personal usage data.
15.2. Some services on the WEBSITES can only be used after personal data has been provided. offsetmycarbon handles users’ personal data in accordance with the applicable data protection act. The users’ personal data is used carefully and solely for the specified purposes. Personal data is only transmitted or made available to third parties with the user’s prior consent. Users have the right and option to have data relating to them corrected or deleted at any time.
15.3. Functions provided by social media providers such as Facebook, Twitter, Google+ etc. may be integrated into the WEBSITES, which automatically transfer user-related data to the relevant third-party provider when the WEBSITE is accessed. If users are simultaneously logged in to the social media provider’s platform, the visit to the WEBSITES may be associated with their social media account. offsetmycarbon cannot access or influence this data transfer.
15.4. Certain WEBSITES allow users to submit comments etc.; the information disclosed there is publicly available and can be put to further use by offsetmycarbon.
15.5. offsetmycarbon uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that allow analysis of your use of the website. The information generated by the cookie about your use of this website (including your IP address) is transmitted to and stored by Google on servers in the United States. Google will use this information to evaluate your use of the website, to create reports on your website activities for the website operators and to provide further services connected with your use of the website and the Internet. Google may also transfer this information to third parties if this is required by law or if third parties process this data on behalf of Google. You can prevent the installation of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all offsetmycarbon features in their entirety. By using this website, you consent to Google processing data regarding you in the manner and for the purposes set out above.

16. Contract Modifications
16.1. Any and all side agreements, amendments and modifications to the service contracts must be made in written form to be valid.
16.2. offsetmycarbon may modify the GTC at any time. The current version is published on the homepage and/or sent to the client. Subsequent modifications of the GTC will become an integral part of the contract if the client does not object to them in writing within 30 days after the GTC have been published online and/or sent to the client.

17. Effectiveness
If any individual provisions of these General Terms and Conditions are ineffective, this shall not affect the effectiveness of the remaining provisions or the contracts concluded on the basis thereof. The ineffective provision shall be replaced by an effective provision that most closely approximates the intent and purpose of the original provision.

18. Applicable Law and Jurisdiction
18.1. The GTC and (unless otherwise agreed) every service contract is governed by British law to the exclusion of conflict of law rules.
18.2. Unless otherwise agreed in the service contract or donation agreement, the courts at the seat of the Justcote Ltd (Great Britain) shall have jurisdiction over any disputes arising under or in connection with the GTC or a service contract. offsetmycarbon may, however, assert its claims before other competent courts at a different location.

19. Refund policy

Justcote Ltd / Offsetmycarbon.net offers a 14-day 100% refund in case of non-delivery by us of agreed paid for service.

20. Customer Product Cancellation Policy

If the final product does not meet your standards a refund can be arranged under certain circumstances. In order to request a refund, you must get in contact with us via email at refunds@offsetmycarbon.net. Once the refund request has been sent, you can expect an email back from us within 48 hours.

21. Customer Account Cancellation Policy

In order to request the closing of your account, you must get in contact with us via email at admin@offsetmycarbon.net. Once the request has been sent, you can expect an email back from us within 48 hours.

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Contact Us
Company Name: JUSTCOTE LIMITED
Company number: 13881985
167-169 Great Portland Street, London, England, W1W 5PF
Phone: +44 333 050 3479