General contractual conditions
1. remuneration, payment, performance protection, deadlines
1.1 Unless otherwise agreed, remuneration shall be calculated on a time and material basis at the Provider's prices generally applicable at the time of conclusion of the contract. Remunerations are generally net prices plus legally applicable value added tax. The Provider may invoice on a monthly basis. If services are remunerated on a time and material basis, the Provider shall document the type and duration of the activities and submit this documentation with the invoice.
1.2 All invoices shall be paid in principle no later than 14 calendar days after receipt free of charge to the payment office without deductions.
1.3 The Customer may only offset or withhold payments due to defects to the extent that it is actually entitled to payment claims due to material defects or defects in title of the service. Due to other claims for defects, the customer may withhold payments only to a proportionate extent taking into account the defect. Clause 4.1 shall apply accordingly. The customer shall have no right of retention if its claim for defects is time-barred. Otherwise, the Customer may only offset or exercise a right of retention against undisputed or legally established claims.
1.4 The Provider retains ownership and rights to be granted to the Services until the remuneration owed has been paid in full; justified defect retentions in accordance with Clause 1.3. sentence 2 shall be taken into account. Furthermore, the Provider retains ownership until all its claims arising from the business relationship with the Customer have been satisfied. The Provider shall be entitled to prohibit the Customer from further use of the Services for the duration of any default in payment by the Customer. The Provider may only exercise this right for a reasonable period of time, generally for a maximum of 6 months. This does not constitute a withdrawal from the contract. § Section 449 (2) of the German Civil Code shall remain unaffected. If the customer or his purchaser returns the services, the acceptance of the services does not constitute a withdrawal by the supplier, unless he has expressly declared the withdrawal. The same applies to the seizure of the reserved goods or rights to the reserved goods by the provider. Objects under reservation of title or rights may not be pledged or assigned by the customer as security. The customer is only permitted to resell the goods as a reseller in the ordinary course of business under the condition that the customer has effectively assigned to the supplier his claims against his customers in connection with the resale and that the customer transfers ownership to his customer subject to payment. By the present conclusion of the contract, the customer assigns his future claims in connection with such sales against his customers to the supplier by way of security, who hereby accepts this assignment. Insofar as the value of the Supplier's security rights exceeds the amount of the secured claims by more than 20%, the Supplier shall release a corresponding share of the security rights at the Customer's request.
1.5 In the event of a permissible transfer of rights of use to deliveries and services, the Customer shall be obliged to impose the contractually agreed restrictions on the recipient thereof.
1.6 If the Customer fails to settle a due claim in full or in part by the contractually agreed payment date, the Provider may revoke agreed payment terms for all claims. Furthermore, the Provider shall be entitled to perform further services only against advance payment or against security in the form of a performance bond issued by a credit institution or credit insurer licensed in the European Union. The advance payment shall cover the respective billing period or - in the case of one-time services - their remuneration.
1.7 In the event of the Customer's economic inability to fulfill its obligations to the Provider, the Provider may terminate existing exchange agreements with the Customer by rescission, continuing obligations by termination without notice, including in the event of an application for insolvency by the Customer. § 321 BGB and § 112 InsO remain unaffected. The Customer shall inform the Provider in writing at an early stage of any impending insolvency.
1.8 Fixed performance dates shall be agreed exclusively and expressly in documented form. The agreement of a fixed performance date shall be subject to the Provider receiving the services of its respective upstream suppliers on time and in accordance with the contract.
1.9 The Customer shall have the option to terminate at any time. In the event of termination, the contractual relationship shall be terminated upon expiry of the license period. For the monthly version this means after the month and for the annual version after the year. The use of the software is also available to the customer until the expiration of the license period. The license is automatically renewed under the usual conditions (which can be found on the pricing page) until the customer terminates the relationship.
2. Cooperation, duties to cooperate, confidentiality
2.1 The Customer and the Provider shall each appoint a responsible contact person. Unless otherwise agreed, communication between the Customer and the Provider shall take place via these contact persons. The contact persons shall immediately bring about all decisions related to the execution of the contract. The decisions shall be documented in a binding manner.
2.2 The Customer shall be obligated to support the Provider to the extent necessary and to create in its sphere of operation all conditions necessary for the proper execution of the order. To this end, the Customer shall in particular provide the necessary information and, if possible, enable remote access to the Customer's system. If remote access is not possible for security reasons or other reasons, the deadlines affected by this shall be extended appropriately; the contractual partners shall agree on an appropriate arrangement for further effects. The Customer shall also ensure that expert personnel are available to support the Provider. If it is agreed in the contract that services can be performed on site at the Customer's premises, the Customer shall provide sufficient workstations and work equipment free of charge at the Provider's request.
2.3 Unless otherwise agreed, the Customer shall ensure proper data back-up and failure precautions for data and components (such as hardware, software) that are appropriate to their type and importance.
2.4 The Customer shall report defects in writing without delay in a comprehensible and detailed form, stating all information that is useful for the detection and analysis of defects. In particular, the work steps that led to the occurrence of the defect, the form of appearance and the effects of the defect shall be stated. Unless otherwise agreed, the relevant forms and procedures of the Provider shall be used for this purpose.
2.5 The Customer shall support the Provider in the examination and assertion of claims against other parties involved in connection with the performance of the service appropriately upon request. This shall apply in particular to the Provider's recourse claims against upstream suppliers.
2.6 The contractual partners shall be obliged to maintain confidentiality regarding business and trade secrets as well as other information designated as confidential which becomes known in connection with the performance of the contract. Such information may only be disclosed to persons who are not involved in the conclusion, performance or execution of the contract with the written consent of the other contracting party. Unless otherwise agreed, this obligation shall end five years after the respective information has become known, but in the case of continuing obligations not before their termination. The contractual partners shall also impose these obligations on their employees and any third parties used.
2.7 The contractual partners are aware that electronic and unencrypted communication (e.g. by e-mail) is subject to security risks. In this type of communication, they will therefore not assert any claims based on the lack of encryption, except to the extent that encryption has been agreed upon in advance.
3. Disruptions in the provision of services
3.1 If a cause for which the Provider is not responsible, including strike or lockout, impairs compliance with deadlines ("disruption"), the deadlines shall be postponed by the duration of the disruption, if necessary including a reasonable restart phase. A contractual partner shall immediately inform the other contractual partner of the cause of a disruption occurring in its area and the duration of the postponement.
3.2 If the expenditure increases due to a disruption, the Provider may also demand payment for the additional expenditure, unless the Customer is not responsible for the disruption and its cause lies outside its area of responsibility.
3.3 If the customer can withdraw from the contract due to improper performance of the provider and / or claim damages instead of performance or claims such, the customer shall declare in writing at the request of the provider within a reasonable period of time whether he asserts these rights or wishes to continue the performance of the service. In the event of a withdrawal, the Customer shall reimburse the Provider for the value of previously existing possibilities of use; the same shall apply to deteriorations due to intended use. If the Provider is in default with the provision of the service, the Customer's compensation for damages and expenses due to the default shall be limited to 0.5% of the price for the part of the contractual service that cannot be used due to the default for each full week of the default. The liability for delay shall be limited to a maximum of 5% of the remuneration for all contractual services affected by the delay; in the case of continuing obligations, it shall be limited to the remuneration for the respective services affected for the full calendar year. In addition and with priority, a percentage of the remuneration agreed upon at the time of conclusion of the contract shall apply. This shall not apply insofar as a delay is due to gross negligence or intent on the part of the Provider.
3.4 In the event of a delay in performance, the customer shall only have a right of withdrawal within the framework of the statutory provisions if the Provider is responsible for the delay. If the Customer justifiably claims damages or reimbursement of expenses instead of performance due to the delay, the Customer shall be entitled to demand 1% of the price for the part of the contractual performance that cannot be used due to the delay for each full week of the delay, but no more than a total of 10% of this price; in the case of continuing obligations, in relation to the remuneration for the respective services affected for the full calendar year. In addition and with priority, a percentage of the remuneration agreed upon conclusion of the contract shall apply.
4. Material defects and reimbursement of expenses
4.1 The Provider warrants the contractual quality of the services. There shall be no claims for material defects for an only insignificant deviation of the Provider's services from the contractual quality. Claims for defects shall also not exist in the event of excessive or improper use, natural wear and tear, failure of components of the system environment, software errors that cannot be reproduced or otherwise proven by the customer, or in the event of damage that occurs due to special external influences that are not assumed under the contract. This shall also apply in the event of subsequent modification or repair by the customer or third parties, unless this does not impede the analysis and elimination of a material defect. Clause 6 shall apply in addition to claims for damages and reimbursement of expenses.
4.2 The limitation period for material defect claims shall be one year from the statutory commencement of the limitation period. The statutory periods for recourse pursuant to § 478 BGB shall remain unaffected. The same shall apply insofar as longer periods are prescribed by law in accordance with § 438 para. 1 no. 2 or § 634a para. 1 no. 2 BGB, in the event of an intentional or grossly negligent breach of duty by the Supplier, in the event of fraudulent concealment of a defect and in cases of injury to life, limb or health as well as for claims under the Product Liability Act. The processing of a notice of material defect by the customer by the provider only leads to the suspension of the statute of limitations, provided that the legal requirements for this are met. A new start of the limitation period does not occur. A supplementary performance (new delivery or rectification) can only have an influence on the limitation period of the defect triggering the supplementary performance.
4.3 The Provider may demand reimbursement of its expenses insofar as a) it takes action on the basis of a report without there being a defect, unless the Customer was unable to detect with reasonable effort that there was no defect, or b) a reported malfunction cannot be reproduced or otherwise proven by the Customer to be a defect, or c) additional expenses are incurred due to the Customer's failure to properly fulfill its obligations (see also Sections 2.2, 2.3, 2.4 and 5.2).
5. Defects of title
5.1 The Provider shall be liable for infringements of third party rights by its performance only to the extent that the performance is used in accordance with the contract and in particular in the contractually agreed, otherwise in the intended environment of use without modification. The Provider shall be liable for infringements of third party rights only within the European Union and the European Economic Area as well as at the place of contractual use of the performance. Clause 4.1, sentence 1 shall apply accordingly.
5.2 If a third party asserts against the Customer that a performance of the Provider infringes its rights, the Customer shall notify the Provider without undue delay. The Provider and, if applicable, its upstream suppliers shall be entitled, but not obligated, to defend the asserted claims at their own expense to the extent permissible. The Customer shall not be entitled to acknowledge claims of third parties before it has given the Provider a reasonable opportunity to defend the rights of third parties in another way.
5.3 If a service of the Provider infringes the rights of third parties, the Provider shall, at its own discretion and at its own expense, a) procure for the Customer the right to use the service or b) render the service free of infringement or c) take back the service with reimbursement of the remuneration paid for it by the Customer (less reasonable compensation for use) if the Provider cannot achieve any other remedy at reasonable expense. The interests of the Customer shall be given due consideration in this regard.
5.4 Claims of the Customer based on defects of title shall become statute-barred in accordance with Section 4.2. Section 6 shall apply additionally to claims for damages and reimbursement of expenses of the Customer; Section 4.3 shall apply accordingly to additional expenses of the Provider.
6. General liability of the provider
6.1 The Provider shall always be liable to the Customer a) for damage caused by it and its legal representatives or vicarious agents intentionally or through gross negligence, b) under the Product Liability Act and c) for damage resulting from injury to life, limb or health for which the Provider, its legal representatives or vicarious agents are responsible.
6.2 The Provider shall not be liable in the event of slight negligence, except to the extent that it has breached a material contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract or the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the Customer may regularly rely. In the case of damage to property and financial loss, this liability shall be limited to the foreseeable damage typical of the contract. This also applies to lost profits and savings. Liability for other remote consequential damages is excluded. For a single case of damage, liability is limited to the value of the contract, in the case of ongoing remuneration to the amount of remuneration per contract year, but not less than € 50,000. Section 4.2 applies accordingly to the statute of limitations. The contracting parties may agree in writing on a more extensive liability upon conclusion of the contract, usually against a separate remuneration. Priority shall be given to an individually agreed liability sum. The liability according to clause 6.1 remains unaffected by this paragraph. In addition and with priority, the liability of the Provider due to slight negligence arising from the respective contract and its execution for damages and reimbursement of expenses - irrespective of the legal grounds - shall be limited in total to the percentage of the remuneration agreed in this contract at the time of conclusion of the contract. The liability according to clause 6.1 b) remains unaffected by this paragraph. Any contracts or special agreements, as well as time specifications require a written contract. Verbal contracts or agreements are not affected by this.
6.3 From a guarantee declaration, the provider is only liable for damages if this was expressly assumed in the guarantee. In the event of slight negligence, this liability shall be subject to the limitations set forth in Section 6.2.
6.4 In the event of necessary restoration of data or components (such as hardware, software), the Provider shall only be liable for the effort required for the restoration in the event of proper data backup and failure precautions by the Customer. In the event of slight negligence on the part of the Provider, this liability shall only apply if the Customer has carried out a data backup and failure precaution appropriate to the type of data and components prior to the incident. This shall not apply if this has been agreed as a service of the Provider.
6.5 Clauses 6.1 to 6.4 shall apply mutatis mutandis to claims for reimbursement of expenses and other liability claims of the Customer against the Provider. Clauses 3.3 and 3.4 shall remain unaffected.
The Customer shall conclude with the Provider agreements necessary under data protection law for the handling of personal data.
7.1 The customer shall be responsible for complying with any import and export regulations applicable to the deliveries or services, in particular those of the USA. In the case of cross-border deliveries or services, the customer shall bear any customs duties, fees and other charges. The customer shall handle legal or official procedures in connection with cross-border deliveries or services on its own responsibility, unless otherwise expressly agreed.
7.2 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
7.3 The Provider shall provide its services on the basis of its General Terms and Conditions (GTC). The Customer's GTC shall not apply, even if the Provider has not expressly objected to them. Acceptance of the services by the Customer shall be deemed to be acceptance of the Provider's GTC with waiver of the Customer's GTC. Other terms and conditions shall only be binding if the Provider has acknowledged them in writing; the Provider's GTC shall then apply in addition.
7.4 Amendments and supplements to this Agreement shall only be agreed in writing. Insofar as written form is agreed (e.g. for notices of termination, withdrawal), text form shall not suffice.
7.5 The place of jurisdiction vis-à-vis a merchant, a legal entity under public law or a special fund under public law shall be the registered office of the Provider. The Provider may also sue the Customer at the Customer's registered office.
Terms and Conditions for the Use of Software over the Internet (Software as a Service) -SaaS Bitkom-.
1.1 The Provider shall provide the contractual services, in particular access to the software, in its area of availability (from the data center interface to the Internet). The scope of services, the nature, the intended use and the conditions of use of the contractual services are set out in the respective service description, supplemented by the operating instructions for the software.
1.2 Additional services, such as the development of customized solutions or necessary adaptations, shall require a separate contract.
1.3 The Provider may provide updated versions of the software. The Provider shall inform the Customer electronically about updated versions and corresponding instructions for use and make them available accordingly.
2. Scope of use
2.1 The contractual services may only be used by the customer and only for the purposes agreed in the contract. During the term of the contract, the customer may access the contractual services by means of telecommunications (via the Internet) and use the functionalities associated with the software in accordance with the contract by means of a browser or another suitable application (e.g., "app"). The customer shall not receive any rights beyond this, in particular to the software or the infrastructure services provided in the respective data center, if any. Any further use shall require the Provider's prior written consent.
2.2 In particular, the Customer may not use the Software beyond the agreed scope of use or have it used by third parties or make it accessible to third parties. In particular, the Customer shall not be permitted to reproduce, sell or temporarily transfer, rent or lend software or parts thereof.
2.3 The Provider shall be entitled to take appropriate technical measures to protect the software from use not in accordance with the contract. The use of the services in accordance with the contract may not be more than insignificantly impaired by this.
2.4 In the event that a user exceeds the scope of use in violation of the contract or in the event of an unauthorized transfer of use, the customer shall, upon request, immediately provide the Provider with all information available to him for asserting claims due to the use in violation of the contract, in particular the name and address of the user.
2.5 The provider may revoke the customer's access authorization and/or terminate the contract if the customer significantly exceeds the use permitted to him or violates regulations for protection against unauthorized use. In connection with this, the provider may interrupt or block access to the contractual services. The Provider shall generally set the Customer a reasonable grace period for remedial action beforehand. The sole revocation of the access authorization shall not be deemed to be a termination of the contract at the same time. The Provider may only maintain the revocation of the access authorization without termination for a reasonable period of time, up to a maximum of 3 months.
2.6 The Provider's claim to remuneration for use in excess of the agreed use shall remain unaffected.
2.7 The Customer shall have a claim to the reinstatement of the access authorization and the access option after it has proven that it has ceased the use in breach of contract and prevented future use in breach of contract.
3. Availability, performance deficiencies
3.1 The availability of the provided services results from the service description.
3.2 In case of an only insignificant reduction of the suitability of the services for the contractual use, the customer shall have no claims due to defects. The liability of the Provider, irrespective of fault, due to defects that were already present at the time of the conclusion of the contract is excluded.
4. Data protection
4.1 Insofar as the Provider has access to personal data of the Customer or from the Customer's area, the Provider shall act exclusively as a processor and shall process and use such data only for the performance of the contract. The Provider shall comply with the Customer's instructions for the handling of such data. The Customer shall bear any adverse consequences of such instructions for the performance of the contract. The Customer shall agree with the Provider the details for the Provider's handling of the Customer's data in accordance with the requirements of data protection law.
4.2 The Customer shall remain the responsible party both generally in the contractual relationship and in the sense of data protection law. If the Customer processes personal data (including collection and use) in connection with the contract, it warrants that it is entitled to do so in accordance with the applicable provisions, in particular those of data protection law, and in the event of a breach shall indemnify the Provider against any claims by third parties.
4.3 The following shall apply to the relationship between the Provider and the Customer: vis-à-vis the data subject, the Customer shall bear responsibility for the processing (including collection and use) of personal data, except to the extent that the Provider is responsible for any claims by the data subject due to a breach of duty attributable to it. The Customer shall responsibly examine, process and respond to any inquiries, applications and claims of the data subject. This shall also apply in the event of a claim against the Provider by the data subject. The Provider shall support the Customer within the scope of its duties.
4.4 When using the Cookie Notice pop-up settings for countries outside the EU, the Customer shall be liable in the event of non-compliance with the EU Data Protection Regulation by activating this very pop-up setting within the EU.4.5 The Provider guarantees that Customer data will be stored exclusively in the territory of the Federal Republic of Germany, in a member state of the European Union or in another contracting state of the Agreement on the European Economic Area, unless otherwise agreed.
5. Obligations of the customer
5.1 The customer shall protect the access authorizations as well as identification and authentication information assigned to him or to the users from access by third parties and shall not disclose them to unauthorized persons.
5.2 The customer shall be obligated to indemnify the provider against all claims by third parties based on infringements of rights that are based on an unlawful use of the subject matter of the service by him or are made with his approval. If the customer recognizes or must recognize that such an infringement is imminent, there is an obligation to inform the provider immediately.
5.3 The customer must use the possibilities provided by the provider to secure his data in his original area of responsibility.
6. User content
Provider does not endorse any goods, services, products, promotions or offers ("User Content") provided, distributed, submitted or advertised through or used with the Software.
7. Acceptable use
(Permitted Use and Restriction on Use of the Software)The Provider maintains a high level of professionalism and accordingly your license from the Provider to use the Software is subject to the following restrictions and limitations:
7.1 The Software may not be used in connection with User Content that in any way involves any of the following: False or misleading business opportunities, fraud or pyramid schemes; health-related claims that have been determined by a regulatory authority to be false or misleading; illegal activities; sale of drugs or pharmaceuticals; sale of illegal products or services; pornography or sexually explicit content; Content that promotes or depicts human trafficking, child abuse, animal abuse, or that trivializes the abuse of alcohol, drugs, or other substances; promotes graphically gratuitous violence or injury, beatings, injuries, assaults, or humiliation; and/or Content that is unnecessarily shocking to the senses, grossly blatant, or depicts or promotes accidents, death, hate speech, attacking or demeaning any group based on race, ethnicity, religion, disability, gender, age, and the like. Any use of the Software in connection with predatory behavior, including invasion of privacy directed at others, especially children, is not permitted and will not be tolerated;
7.2 Provider reserves the right to reject or remove User Content without prior notice if, in Provider's sole discretion, it violates this Section, "Permitted Use and Restriction of Use of the Software" or otherwise violates this Agreement. Provider also reserves the right to delete any or all of Your Data (including Your User Content) without notice, upon expiration, expiration or termination of Your license;
7.3 Your use of the Software must comply with all applicable laws and regulations, including but not limited to local, national and international laws and regulations regarding:a) sending or distributing unsolicited commercial e-mail;b) online transactions relating to home-based businesses or other "business opportunities";c) false or misleading advertising;d) the intellectual property and privacy rights of others; ande) the use of malicious code, spyware, malware, Trojan horses and the like; and
7.4 You further agree to comply with the Provider's security procedures, including password policies, not to circumvent any security or access policies or procedures established by the Provider, or to implement alternative access or use backdoors to the Software, and to notify the Provider immediately of any security issues you discover or become aware of.
8. Intellectual property rights
8.1 You are solely responsible for Your own Content and the consequences of creating, copying, submitting, storing, distributing, publishing, selling or offering User Content using the Software. You agree, acknowledge, represent and warrant that you have all licenses, rights, consents or permissions necessary for all User Content copied, used, distributed or transmitted in whole or in part by you using the Software ; you retain all of your ownership rights in your User Content.
8.2 You agree, acknowledge, represent and warrant that Content copied, used, distributed or transmitted by You using the Software does not contain any copyrighted material or materials subject to proprietary rights of any third party unless You have permission from the rightful owner of the material or You are otherwise legally entitled to copy, use, distribute or transmit such Content with the Software and to grant to Provider all license rights granted herein.
8.3 Provider will never use the license to Your User Content for any purpose other than to enable the functionality of the Software. Provider will seek Your permission whenever Your User Content is to be used for promotional purposes via a nominal / unintended manner.
9. Use in breach of contract, compensation for damages
9.1 In each case in which a contractual service is used without authorization in the customer's area of responsibility, the customer shall pay damages in the amount of the remuneration that would have been incurred for the contractual use within the framework of the minimum contract period applicable for this service. The customer reserves the right to prove that the customer is not responsible for the unauthorized use or that there is no damage or significantly less damage. The Provider shall remain entitled to claim further damages.
9.2 You agree to defend, indemnify, and hold harmless Provider, its officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts (including, without limitation, costs and attorneys' fees) arising out of: (a) your use of the Provider's Software;(b) your violation of any term of this Agreement;(c) your violation of any third party's rights, including but not limited to copyright or other proprietary rights or privacy rights; or(d) any claim that any User Content that you directly or indirectly offered, created, copied, distributed or advertised using the Software caused damage to a third party. This defense and indemnification obligation shall survive termination of this Agreement and shall survive your discontinuance of use of the Software.
10. Fault management
10.1 The Provider shall receive fault reports from the Customer, assign them to the agreed fault categories (Section 7.3) and, on the basis of this assignment, carry out the agreed measures for analyzing and clearing faults.
10.2 The Provider shall receive proper fault reports from the Customer during its normal business hours and assign an identifier to each one. Upon the Customer's request, the Provider shall confirm receipt of a malfunction report to the Customer by informing the Customer of the assigned identifier.
10.3 Unless otherwise agreed, the Provider shall assign received malfunction reports to one of the following categories after first reviewing them:a) Serious malfunctionThe malfunction is based on a defect in the contractual services that makes the use of the contractual services, in particular the software, impossible or allows it only with serious restrictions. The Customer cannot reasonably circumvent this problem and therefore cannot complete tasks that cannot be postponed.b) Other faultThe fault is based on a fault in the contractual services that restricts the Customer's use of the contractual services, in particular the software, more than just insignificantly, without there being a serious fault.c) Other messageFault messages that do not fall into categories a) and b) are assigned to the other messages. Other reports shall only be handled by the Provider in accordance with the agreements made for this purpose.
10.4 In the case of reports of serious disruptions and other disruptions, the Provider shall immediately initiate appropriate measures on the basis of the circumstances communicated by the Customer in order to first localize the cause of the disruption. If, after initial analysis, the notified malfunction does not turn out to be a fault in the contractual services, in particular in the software provided, the Provider shall notify the Customer of this without delay. Otherwise, the Provider shall initiate appropriate measures for further analysis and for remedying the notified malfunction or - in the case of third-party software - transmit the malfunction report together with its analysis results to the distributor or manufacturer of the third-party software with the request for remedial action. The Provider shall immediately provide the Customer with measures available to it for circumventing or rectifying a fault in the contractual services, in particular in the software provided, such as instructions for action or corrections to the software provided. The Customer shall immediately take over such measures for the avoidance or correction of faults and notify the Provider of any remaining faults when they are used.
11. contact point | hotline
11.1 Contractual Services The Provider shall establish a point of contact for the Customer. This office shall process the Customer's inquiries in connection with the technical requirements and conditions of use of the software provided as well as regarding individual functional aspects.
11.2 Acceptance and processing of inquiries The hotline shall accept inquiries via e-mail and chat during the Provider's normal business hours. The hotline will process proper inquiries in the normal course of business and answer them as far as possible. The hotline may refer to documentation available to the customer and other training resources for the software provided for the purpose of answering. To the extent that it is not possible for the hotline to respond or to do so in a timely manner, the Provider shall - to the extent expressly agreed - forward the inquiry for processing, in particular inquiries regarding software not produced by the Provider. Further services of the hotline, such as other response times and deadlines as well as on-call services or on-site assignments of the Provider at the Customer's premises shall be expressly agreed upon in advance.
12. Contract term and termination
12.1 The contractually agreed services shall be provided from the date specified in the contract initially for the duration of the term agreed in the contract (monthly/annually). During this minimum term, premature ordinary termination is excluded on both sides.
12.2 The annual contract can be terminated with two weeks' notice, at the earliest at the end of the minimum term. If this is not done, the contract shall be extended by a further year in each case, unless it has been terminated with two weeks' notice to the end of the respective extension period. The monthly contract can be terminated by the last day of the term at the latest. If this does not happen, the contract shall be extended by one further month in each case, unless it was terminated with due notice at the end of the respective extension period.
12.3 The right of each contractual partner to extraordinary termination for good cause shall remain unaffected.
12.4 Any declaration of termination must be in writing to be effective. Section 8.4 AV Bitkom shall apply.
12.5 The Customer shall back up its data files (e.g. by download) on its own responsibility in good time before termination of the contract. Upon request, the Provider shall support the Customer in this process; Section 4.3 AV Bitkom shall apply. After termination of the contract, the customer will generally no longer be able to access these databases, if only for reasons of data protection law. RemunerationA monthly fee agreed in the contract shall be charged for the SaaS services. The fees incurred shall be invoiced in advance over a period of time. Terms of PaymentPayments shall be made by credit card. If the payment deadline is exceeded, services may be restricted in the event of default.The customer is not entitled to offset claims against the provider unless they are legally established claims or claims recognized in writing by the provider. Applicability of the AV BitkomThe General Terms and Conditions of Contract of Bitkom (AV Bitkom) shall apply in addition.
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