General Terms and Conditions for Subscription Billing from

nextnet.cloud

This is a translation of our German Allgemeine Geschäftsbedingungen and therefore only for your convenience. Only the German version prevails. If you have any questions, please contact hello@nexnet.de.

With the subscription billing from nexnet.cloud, the provider provides the customer with the building block so that the path to the subscription business becomes a successsecure, scalable and specialized . The provider has incorporated many years of expertise from subscription management in order to develop the best automated subscription life cycle for the customer’s business.

nexnet.cloud subscription billing is offered by:
nextnet GmbH
Linkstrasse 2
Berlin

The e-mail address of the provider is: info@nexnet.cloud

I. General

Unless otherwise stated, the regulations listed in the following sections apply in full and as a whole when accessing the nexnet.cloud.

Individual or additional terms of use or access may apply in certain circumstances and, in such cases, are expressly identified in this document.

Please read these General Terms and Conditions (GTC) carefully so that you have understood all of the content in a reasonable manner. To use subscription billing from nexnet.cloud, these GTC must be confirmed by a person or body of the customer who is authorized to sign.

The provider only offers subscription billing from nexnet.cloud to customers who are not acting as consumers. Users thus confirm that they are receiving the Service for the purpose of conducting business and not for personal, household or family purposes.

These GTC are applicable to:

  • the use of the “Subscription Billing by nexnet.cloud” service, which can be found at https://nexnet.cloud in all forms and all access options, regardless of the type of end device used by the user.
  • any other related agreement or legal relationship with nexnet GmbH in a legally binding manner.

Any general terms and conditions of the customer do not apply.

II. Definitions

The following definitions apply to these GTC:
(1) The “service” refers to the nexnet.cloud operated by the provider, regardless of how it is accessed by the customer and regardless of how the provider accesses the nexnet. cloud offers. The term “service” refers to all of the provider’s services that relate to the nexnet.cloud, including any storage services necessary for operation, support services, the option of creating and sending documents independently, SaaS offers, interfaces or other software. The service is a software-as-a-service. The software is not physically transferred to the customer. All currently valid services and tariffs of the service can be found in the current product description at https://nexnet.cloud/dienstleistungen .

(2) The term “provider” refers to nexnet GmbH and its employees as vicarious agents who offer and make available the subscription billing of nexnet.cloud and become the customer’s contractual partner.

(3) The term “data” refers to all content transmitted by the customer to the provider in connection with the use of the service, regardless of whether it is protected by copyright or whether it represents personal data.

The term “customer” refers to the company, regardless of whether the company is a natural person, a partnership or a natural person, who becomes the contractual partner of the provider and for which an account is created with the nexnet.cloud .

A “Tenant” is a business entity of Customer that Customer can create according to their own preferences. This can be the case, for example different legal entities, business areas, national companies and currencies, different products or different books (general ledger and subsidiary ledger).

(4) The “user” is the natural person who uses the service and has been authorized for this use by the customer. A customer can set up multiple users.

(5) The “account” refers to the entirety of the individual uses of the service by the customer. The users specified by the customer receive their own access to this account.

(6) In the “test system” the functions of the service can be used as a test. The test system is always free of charge. However, this feature does not produce usable invoices and accounting documents.

(7) The “production system” represents the paid version of the service, with which invoices and booking documents in particular can be created independently, which can only be used by the customer and the users authorized by the customer through their own access after the conclusion of a separate contract .

 

III. account

1. Account Creation

(1) In order to use the service, a user must first create an account for the customer. All data and information required for this must be given completely and truthfully. By creating the account, the user declares that he has been authorized by the customer to create the account and is acting in the name and on behalf of the customer. For each account with the service, there is always only one contract between the provider and the customer, which can be expanded as required to include the functions of the production system, according to the conditions of these GTC. No separate contractual relationships arise between users created in the customer’s account who use some or all of the functions of the service via access approved by the customer. The account can only be used if the user confirms his e-mail address using the double opt-in procedure used. The user expressly agrees to the sending of a confirmation e-mail for this check. After confirming the e-mail, the user can assign a password, whereby special requirements can be placed on password security. Following the registration process, the user will receive a confirmation e-mail about the contract for the use of the account for the customer. This is sent to the user of the initial setup. With the sending of this e-mail or with the successful initial login into the account, the contract between the customer, in whose name the user created the account, and the provider has come about.

(2)
The service is only available to registered users after creating an account. After the initial registration, the user who creates the account has access to the test system in the account in order to try out the service with test data. The limitations of the test system are displayed in the account and when the account is set up for the first time. The test system may not be used with personal data and may not be shared for use with third parties, i.e. persons outside the customer’s business area. The customer ensures that none of its users violates this. Other conditions that apply to the test system can be displayed directly when logging into the account if they are purely informational and not directly relevant to the contract.

(3)
The user must ensure that the access data is kept confidential and secure and in accordance with the state of the art. For this reason, the user must also choose a password that meets the highest possible security requirements specified by the service.

(4)
Upon registration, the user agrees to be responsible for all actions taken in connection with his username and password. The customer in whose name the account was created is liable for the actions of the user if the user created the account for the customer with his knowledge, on his behalf or with his acquiescence. In this case, the customer fully indemnifies the provider from any damage that occurs to the provider through the use of the account, unless these terms and conditions stipulate otherwise. This applies in particular to violations of No. V 2 (user content).

(5)
Each customer may only open one account to use the service, but as many accesses for users as the account allows at the time. The customer can assign different users different accesses for the use of the service in the account and assign the users different rights if and to the extent that the service offers this option in the respective account.

(6) The provider can refuse or prevent the creation of an account if there is an objective reason for doing so. These are in particular, but not exhaustive,

  • if incorrect information is provided,
  • because there is a risk that the customer will not settle claims for use that is subject to a fee,
  • the creation of the account infringes the rights of third parties or disregards legal requirements.
  • factual reasons suggest misuse of the account by the customer or by the first or another user.
 

2. Start and term of the contract

(1) The contract for the use of the service comes into effect when the first user registers and is concluded for an indefinite period. The user can then activate the test system for the customer.
 
(2) To extend the account to the production system, a further contract is concluded, which is subject to separate regulations (see IV (conclusion of contract).
 

(3) The regular contract period is at least the time of the booked period of the production system, which results from the tariff valid at the time of booking.

 

3. User Termination

(1) The use of the test system and the production system are two different levels that can be canceled independently of each other.
 
(2) The contract to expand the account to include access to the production system can be terminated with the deadline at the end of the term of the selected tariff, which is displayed by the provider during the ordering process of the tariff and thus agreed with a user of the account on behalf of the customer became.
 
(3) After the end of the contract for using the production system, the customer has 4 weeks to export the data. The provider can send a separate email to the customer as a reminder.
 
(4) If the contract for using the production system is terminated, the free test system can still be used.
 
(5) The entire contract regarding the account, including the test system, is only terminated when the account is deleted. This is possible at any time, without observing a period of time, as long as there is no active contract for the use of the production system.
 

(6) The right to termination without notice for good cause remains unaffected. In any case, the termination must be at least in text form.

 

4. Termination by Vendor

(1) The provider reserves the right to delete the customer’s entire account at any time and without notice, if in particular
  • within the account only the test system is used by the customer.
  • no production system has yet been ordered by the customer and confirmed by the provider; unless there are factual or legal reasons against deleting the account.
  • One of the customer’s users has violated the general terms and conditions, AVV or data protection regulations that apply to the customer and thus also to him;
  • A User’s access to the Service or Account or the use of the Service by one of the Users may cause damage to the Provider, other Users or third parties;
  • Use of the Service by any of the Account Users may violate any law or regulation;
  • or
  • In cases of investigations by public prosecutors or other official procedures and orders;
  • Provider, in its sole discretion, deems the content or use of the Account to be inappropriate, offensive, or in breach of contract.

(2) Alternatively, the provider can block access to a specific user or all users of an account temporarily or permanently, i.e. deny access to the account without deleting the account itself.

(3) The blocking or deletion of the account or access does not give rise to any claims for damages, indemnification or reimbursement for the respective user or the customer, unless statutory regulations lead to mandatory reimbursement claims.

(4) The provider has the right to block individual or all users of the account from access to the account and thus to the service and the data used in the service if the customer is in significant default in payment when using the production system in the account and if the consequences of the blocking of access and the payment deadlines were pointed out in the account and with invoicing.

(5) The provider has the right to delete the account and all data if the agreement on setting up a production system has been legally and effectively terminated by the customer or the provider and if the provider can reasonably be expected to give the customer a reasonable period of time to download the data used has set. In the event of effective termination, the provider has the right to restrict the account to downloading this data.

 

IV. Conclusion of contract / placing the order

The contract concluded between the user and the provider for the use of the service consists of two components.
The test system can always be used immediately after the account has been created by a customer user and is free of charge. This test system is used to try out the functions, the user interface (UI) and the usability for the purposes of the customer. This contract can be extended by a separate contract with the provider in such a way that the account can also be used as a paid production system, which means that all the functions of the service are available.
 
The consideration and conditions of this contract for the use of the account as a production system always result from the currently valid terms and conditions available on the website of the service, which contain different prices, terms, notice periods and other conditions. After the respective contract for the production system expires, the account will be downgraded back to the test system. A new contract for the production system can be concluded at any time, although it must be noted that data may no longer be available.
 

The offer of the production system is a contract sui generis regarding the offer of a software-as-a-service portal, the purpose and rights of which result from these GTC and the services specifically offered on the service and the service’s websites. The provider does not owe any specific success through the use of the production system that was not directly determined by service commitments on the portal and does not guarantee any use for a specific purpose, not even one that has been implicitly agreed.

 

1. Account opening

An account can be created by an authorized signatory taking the following steps:
  • Click on the button for registration, enter all necessary data, confirm the terms and conditions and take note of the data protection regulations,
  • Click on the link in the confirmation email
 

2.Test system

(1) After the account has been opened, the following steps must be taken by a person authorized to sign for the customer in order to use the test system:
  • activation of the test system by button,
  • Confirmation of the terms and conditions and acknowledgment of the data protection regulations.

The test system may now be used for test purposes.

(2) The test system may not be used with personal data and may not be shared for use with third parties, i.e. persons outside the customer’s business area. The customer ensures that none of its users violates this. Further conditions applicable to the test system can be provided directly when logging into the account for the first time.

(3) Without the paid use of the production system, certain functions of the production system or access to data or data processing operations of the service may be restricted or impossible, so that the downloading of data or data processing operations generated during the runtime of the production system may be restricted or impossible . Without booking the production system again, the provider is only entitled to grant access to data or data processing operations or the results of data processing operations if legal requirements oblige the provider to do so.

 

3. Production system

(1) In order to be able to use the full function of the account, the customer must order the chargeable production system within an account that has already been created and confirm that the account can be expanded with the test system for a fee.

 

(2) The purchase process includes the following steps by an authorized signatory of the customer:

  • The user selects the appropriate tariff and possible additional options and can check this selection and change, remove or add options.
  • The user must provide the full billing address, contact details and a payment method for the customer.
  • After all the required information has been provided, the user can carefully review the order again and then proceed to check-out.
  • The complete terms and conditions and AVV must be accepted and the data protection regulations must be confirmed.
  • By clicking on the corresponding order button, the customer undertakes to pay the agreed usage price and confirms once again that the user is authorized to sign for the customer.
  • After completing the order, the user receives his access code, which must be entered on the start page for activation.
 

(3) Prices, terms and other conditions applicable to the use of the production system can be found in the “Tariffs” and “Contracts” (administration area) sections at the appropriate place in the account. These can be changed at any time for new bookings or after the contract terms of previous production systems have expired. For current contracts, the prices can only be adjusted if this adjustment is not to the detriment of the customer or if the customer agrees to the adjustment in agreement with the provider.

 

(4) The production system can only be purchased by a user who is authorized to sign for the customer and who has the relevant access rights. The provider sets the respective rights to use paid services after the respective user has provided proof of the authorization to sign for the customer. In addition, it is necessary for the complete terms and conditions and AVV to be accepted again and the data protection regulations confirmed via this account by a person authorized to sign.

 

(5) The features of the production system and the possible uses compared to the test system are shown in the account when purchasing the production system. All steps from the selection of the respective version or the respective runtime of the production system to the placing of the order are part of the purchase process.

 

(6) During the ordering process, the customer will be informed of all fees, taxes and costs (including any shipping costs) to be borne by the customer. If the reverse charge procedure is relevant for the order, the customer is responsible for storing the necessary information regarding the VAT number in the account.

 

(7) With the conclusion of the order, the fee-based contract for the use of the account between the provider and the customer is expanded to include the functions of the production system. This extension is available in the account for the selected term with the selected options and/or additional functions.

 

(8) After completing the order, the customer receives a confirmation of receipt and, after acceptance of the order by the provider, an invoice. The invoice will be sent to the email address provided by the user who placed the order.

 

(9) After the contract for the expansion of the account with the production system has expired or after the contract for the expansion of the account with the production system has been effectively terminated by the provider and the customer, the account is still available within the framework of the test system versions available and can be expanded back to an account with a production system by concluding a new contract with the provider. However, each time the production system is terminated, all data is deleted so that it is no longer available when the production system is reactivated.

 

V. Content

1. Content Available Through the Service

(1) Unless otherwise stated or clearly recognizable, all content available via the service that was not regularly uploaded or entered by one or more users or stored in the customer’s account through data processing operations of the service is the property of the provider and is used by the Provider or its licensors.

 

(2) Users may only use the content to the extent that this is necessary for the proper use of the service or – also implicitly – intended, whether by using the test system or the production system.

 

(3) Users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate or change content that they have not uploaded or posted themselves or content made available in the account through data processing operations of the service , redesign, publish, transfer to or to third parties, sell or license, as well as enable third parties – even without the knowledge of the user – to perform the aforementioned actions via their own device.

 

2. User Content

(1) The customer is fully responsible for data that his user uploads to the account. Users acknowledge and accept that the Provider does not filter, moderate, control or process such content outside of the possibilities of the separately concluded DPA.

 

(2) Users have the option of uploading their own content and/or data to the account, provided that access to the account offers the possibility and provided that the user has the legal or contractual right for the customer to upload this data within the framework of the order processing contract with the provider in the account. The customer is always responsible and liable to the provider for the actions of each user.

 

(3) By uploading, sharing or providing their content as described, each user, as well as the customer who has created access for the user, assures that they are authorized to do so and that they do not infringe any statutory regulations or the rights of third parties. This applies in particular to the relevant data protection laws. All users are only permitted to upload personal data or other company data if they have the consent of the natural person or the consent of the legal person concerned for use within the framework of a production system, or if a legal permit allows the use of the service with the respective data .

 

(4) By uploading their own content to this website, users grant the provider a non-exclusive, spatially and temporally unlimited, free of charge, irrevocable, sublicensable and transferrable right to access the content, as well as to use, save and store the content reproduce, change, distribute, transmit or otherwise exploit, but exclusively in order to be able to offer or offer the service as part of the test system or the production system for the customer and for the users via their access and to enable all contractually agreed functions of the service.

 

(5) Further regulations on uploaded personal data of third parties regulate the separately accepted order processing contract (AVV), which applies in addition to these GTC and whose confirmation is a prerequisite for uploading personal data of third parties in the production system.

 

(6) No real data / personal data may be uploaded to the test system. The test system may only be used with test data. Uploading real data / personal data is only permitted when using the production system.

 

(7) The provider assumes no liability for this and does not check data without cause to determine whether data was permitted to be posted or uploaded when using the service.

 

(8) After the end of the contract for the production system, all data will be irretrievably deleted. The customer is obliged to back up his data himself. After completion of the production system, the customer has four weeks to export the data. The provider can send a separate email to the customer as a reminder.

 

3. Liability for user content and results of data processing operations

(1) The provider reserves the right to remove, delete, block or correct such content or data at its own discretion and to deny all or individual users of the customer access to this or all data without prior notice:
If the uploaded content or data violates applicable laws,
  • If the uploaded content or data violates these terms and conditions,
  • If a complaint is received in connection with the uploaded content or data,
  • If there is an official order to back up the content or data or any other order,
  • If the provider is informed that the availability of the content or data may have an adverse effect on the user, third parties, the customer and/or the availability of the service.
 

(2) Due to the permissible removal, deletion, blocking or correction of content or data from the account, the user responsible for the content concerned and the customer have no claims for damages or reimbursement, unless claims for damages cannot be excluded by law.

 

(3) Every user with access to the account and the responsible customer undertake to indemnify the provider from any claims and/or damages that arise due to or in connection with content or data that they post through use of the account or through processing operations of the service and use it for third parties or make it accessible to third parties.

 

(4) All claims of the provider against individual users of an account can also be fully asserted by the provider against the customer. The same exemptions apply to all content that a user or the customer creates and/or uploads to the service through data processing operations, such as bookings, invoices, documents, PDFs, databases or other content. Every user and customer is aware that the service is a SaaS solution from the provider and therefore involves automated data processing operations. The provider has no influence on the data and content.

 

VI. costs

1. Regular

(1) A payment obligation of the customer does not arise from the use of the test system. This only arises through the use of the production system.

 

(2) The respective invoice is due within 30 working days after receipt.

 

(3) The current price list can be accessed on the website at http://nexnet.cloud/preisliste.

 

(4) The invoice will be sent to the e-mail that the customer has saved as the billing address. In addition, the invoice, like all contract-relevant documents, is sent to the e-mail of the person authorized to sign.

 

2. Offers and Discounts

(1) The provider can offer discounts or special offers. Such offers and discounts are always subject to the requirements and conditions that are stored in the account and during the ordering process.

 

(2) Offers and discounts are always granted at the discretion of the provider. Repeated or recurring offers or discounts will not create any claim/title or rights that a customer may assert in the future. Depending on the case, discounts or offers are only valid for a limited period of time. When an offer or discount is limited in time, unless otherwise noted, times are based on the vendor’s time zone. This can be found in the relevant information provided by the provider in this document.

 

3.Payment Methods

(1) Information on the accepted payment methods will be provided during the purchase process.

 

(2) Some payment methods may only be available subject to additional terms or fees. In these cases, you can find the relevant information in the relevant section of the Service.

 

(3) Payment methods that are processed by the provider themselves are marked accordingly. In this case, the provider collects and stores the data required for payment processing and fulfillment of the associated legal obligations. The user can read the privacy policy to learn more about data processing and their rights regarding their own data.

 

(4) Other payment methods – if available – are managed via third-party services. In such cases, this website does not collect any payment data – e.g. B. credit card data – but only receives a message from the affected third-party service provider as soon as the payment has been successfully carried out.

 

(5) If the payment via the available methods fails, the provider is not obliged to fulfill the order for the production system to activate the corresponding functions.

 

VII. Licenses and Rights of Use

(1) All rights to the software or the technical solutions on which the service or connected functions are based or which are embedded, integrated or connected to it belong exclusively to the provider and/or its licensors and are assigned to the users and the Offered or granted access to customers only for the normal use of the website or the user or for the fulfillment of the contract for the provision of the test system or the production system.

 

(2) Subject to the condition that the user adheres to these GTC and regardless of any deviating provisions of these GTC, the provider only grants the customer a freely revocable, simple, non-sublicensable and non-transferable account through the creation of the account by the first user right to use the software and/or other solutions integrated in the service within the framework and for the purposes of the intended use of the service offered.

 

(3) In particular, the customer and users authorized in the account via access are not granted any right to access the source code or to use or pass on the source code. Rights to all processes, algorithms and technical solutions that are contained or integrated in the software and all associated documentation belong exclusively to the provider or its licensors.

 

(4) All granting of rights and granting of licenses will automatically expire with the permissible termination of the agreement – for whatever reason – i.e. if the provider or the customer has legally terminated the contract for the production system and the provider has legally permanently deleted the customer’s account with all accesses Has.

 
(5) Under no circumstances does the provider transfer patents or other rights that result or could result from the way the service is set up and the way the data processing operations of the service work to one of the users of the account or the customer.
 

(6) In the event that copyrights arise in the documents created or generated on the service, including but not limited to rights from databases, the provider transfers to the customer the worldwide, exclusive and unrestricted rights to use and distribute these documents.

 
(7) The provider has the right to advertise with the customer by naming and using the company logo as a reference project. This can be done in press releases, at conferences, trade fairs and other events, in electronic, print and other media in general. external communication measures using brands and trademarks, the company name, logos and slogans. The provider is obliged to take into account the interests of the customer that are worthy of protection, in particular their reputation, prestige and reputation.

The customer can object to this at any time with effect for the future. If the customer withdraws this right, the provider will immediately delete and destroy all mentions and uses that are within his sphere of influence. Any means of communication that have already been created as part of an approval may still be used. An image film that has already been completed may be used until it is revised.

 

VIII. Liability and Indemnification

(1) The provider guarantees the proper operational and functional capability of the technical infrastructure. The provider is not responsible for the legally compliant or content-related use of accounting documents and invoices, in particular in accordance with the applicable legal provisions. In particular, the customer and all users are aware that the provider does not offer any legal advice, tax advice or other services that would be subject to the Legal Services Act through the service and through the generation of documents when using the service.

 

(2) To the extent permitted by applicable law, the respective user, as well as the customer, the provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees agree to be held harmless from any and all claims or any third-party claims, including but not limited to attorneys’ fees and fees, arising out of or in connection with any criminal use of or connection to the Service, breach of these TOS, violation of any third-party rights or statutory provisions the user or his affiliated companies, employees, representatives or vicarious agents.

 
(3) Unless expressly stated otherwise and without prejudice to the applicable statutory product liability provisions, users have no right to claim damages from the provider.
 
 

(4) This does not apply to damage to life, health or physical integrity or damage due to the breach of a material contractual obligation, such as an obligation that is absolutely necessary to achieve the purpose of the contract and/or damage due to intent or gross negligence, provided that this website is operated by the user used properly and correctly.

 

(5) If damage was not caused intentionally or through gross negligence or does not affect life, health or physical integrity, the provider is only liable to the amount of the typical and foreseeable damage at the time the contract was concluded. The amount of damage is limited to the amount that the provider has received, will receive or would receive from the customer for the use of the production system over a period of 12 months on the basis of the contract on which these GTC are based.

 

(6) No-fault liability (§ 536a BGB) for defects existing at the time the contract was concluded is excluded.

 

(7) Liability for data loss is excluded if the damage is due to the fact that the customer failed to carry out data backups in order to ensure that lost data can be restored with reasonable effort. In particular, the provider is not obliged to be able to provide the customer with up-to-the-minute backups at any time.

 
(8) In particular, the provider is not liable within the aforementioned limits for:
  • any loss of business opportunity and any other loss, even indirect, that the user may incur (such as loss of trade, loss of sales, loss of income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
  • Damage or loss resulting from any interruption or malfunction of the Service, if these interruptions or malfunctions are due to force majeure or unforeseen and unforeseeable events and are independent of the will and beyond the control of the provider, such as, but not limited to, failures or disruptions to telephone or power lines, the Internet and/or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, disruptions in the supply of any third party product, service or application;
  • any damage, damage or loss caused by viruses or other malware contained in or associated with files available for download from the Internet or through this website. Users are responsible for using sufficient security measures – such as anti-virus programs – and firewalls to prevent such infection or attack and for making back-up copies of any data or information exchanged or uploaded through this website.
 

IX. confidentiality

The customer undertakes to keep all information about matters of the provider made accessible within the framework of the contract and obtained on the occasion of the cooperation, which is marked as confidential; which are designated as confidential if transmitted orally; or which, from the point of view of an objective observer, is recognizable as confidential; as well as business and trade secrets, in particular, but not exclusively, information, data, ideas, concepts and business models to be treated confidentially. The customer is prohibited from exploiting confidential information for any purpose other than that intended for the contractual fulfillment of tasks, making it accessible to third parties or using it in any other way without the written consent of the provider.

 

X. Additional Provisions

1.Support

The provider sets up a support service for customers for inquiries about functions of the software. Inquiries can be made via the support channels specified on the provider’s website at the times specified there or by e-mail. Inquiries are processed in the chronological order in which they are received.

 

2. Technical

(1) The provider guarantees that the confidentiality, integrity, availability and resilience of the systems and services in connection with the processing are ensured by technical and organizational measures that correspond to the state of the art.

 

(2) The provider can update and further develop the software at any time and, in particular, adapt it due to a changed legal situation, technical developments or to improve IT security. The provider will adequately consider the legitimate interests of the customer and inform the customer in good time of any necessary updates. In the event of a significant impairment of the legitimate interests of the customer, he is entitled to a special right of termination.

 

(3) The user must notify the provider of any defects immediately.

 

(4) The provider does not owe an adjustment to the individual needs or the IT environment of the customer, unless the parties have agreed otherwise.

 

(5) The provider will carry out regular maintenance on the software and inform the customer about this in good time. Functionality may be restricted during this time. The customer can be informed about this via a system message in the notification area.

 

(6) The provider will take state-of-the-art measures to protect the data backups. However, the provider does not have any storage or care obligations with regard to the data that go beyond the purpose of the contract. The customer is responsible for adequate backup of the data. Post-contractual custody, storage or backup obligations are excluded.

 

(7) Within the framework of the legal provisions and/or the contract extensions concluded for the use of the production system, the provider can also decide to suspend or terminate the service entirely. In the event of termination of the service, the provider will cooperate with users to enable them to delete and/or back up personal data or information in accordance with the applicable law.

 

(8) The provider ensures that the customer is informed in the event of insolvency and can also back up his data within four weeks. The AVV regulates that insolvency creditors have no access to customer data or personal data.

 

(9) In addition, the Service may be unavailable for reasons beyond the Provider’s control, such as “force majeure” (e.g. industrial action, infrastructure or power outages, etc.).

 

3. Handling of these GTC

(1) If users discover violations of these GTC, AVV or data protection conditions, applicable legal provisions or the rights of third parties, they are asked to address their complaint preferably to the contact details given in this document. The right to enforce any claims (out of) court remains unaffected.

 

(2) The provider reserves the right to change or otherwise modify these GTC at any time. In this case, the provider will adequately inform the customer about these changes. Such changes only affect the relationship with the user for the future. By continuing to use the service, the user accepts the amended terms and conditions. If the user does not want to be bound by the changes, the contract for the entire account and thus implicitly, if available, also a contract for the expansion of the account, the production system, can be terminated regularly. The account and any content or data posted and/or generated in the service as part of a production system remain available and downloadable for the customer until the regular end of any production system. After termination, the customer cannot enter into new contracts for a production system without accepting the changes to the GTC.

 

(3) Due to the termination according to the previous paragraph, the customer has no right to compensation. The data protection declarations relating to the service can be changed or adjusted without the consent of the customer or a user created for the account.

 

(4) The respectively valid previous version of these General Terms and Conditions applies to the relationship before the changes were accepted by the user. Each user and the customer can receive the current and the previous version of these terms and conditions from the provider.

 

(5) If the provider fails to assert a right under these GTC or to enforce a provision of these GTC, this does not constitute a waiver of such a right or such a provision. No waiver will ever or will be deemed a further or continuing waiver.

 

(6) The provider can also make the content of the data protection declarations without the consent and right of objection of the customer if these are required or necessary by law.

 

(7) The provider reserves the right, taking into account the legitimate interests of the user and the applicable laws, in particular the applicable data protection laws, to transfer all rights and obligations from these GTC to third parties. The provisions on changes to the GTC apply accordingly, if applicable.

 

(8) The customer and none of the users may assign or transfer their rights or obligations under the GTC without the written consent of the provider.

 

(9) If any provision of these GTC is or is deemed to be invalid, or is or is deemed to be invalid, the parties will do their best to reach an amicable agreement on valid and enforceable provisions and so replace the invalid, replace invalid or unenforceable parts.

 

(10) Otherwise, the invalid, void or unenforceable provisions will be replaced by the applicable statutory provisions, to the extent permitted or provided for by the applicable law.

 

(11) Notwithstanding the foregoing, the nullity, invalidity or unenforceability of any provision of these GTC shall not nullify the Agreement as a whole, unless such provisions are essential to the Agreement or provisions of such importance that the parties would not have entered into the Agreement if they would have known of the invalidity of the provision. If the remaining conditions would lead to an unreasonable hardship for one of the parties, the nullity of the individual provision will result in the nullity of the entire agreement.

 

(12) These GTC are subject to the law of the place where the provider has its registered office, with the exception of conflict of laws provisions.

 
As of December 10, 2021