General Terms of Business
Softwarenetz develops and distributes various software products - especially for office organisation - to business enterprises, self-employed people and private individuals.
Validity of the terms of business
- Unless otherwise agreed, these General Terms of Business shall be exclusively applicable. Other contractual terms shall not become a component of the contract, even if Softwarenetz has not raised express objection to such terms.
- Unless otherwise agreed, the General Terms of Business in the version which can be called at the time of the conclusion of the contract at www.softwarenetz.de shall be applicable.
Subject-matter of the contract
- Softwarenetz shall put the software product at the customer´s disposal for permanent use against a one-off payment. This is standardised software which is not adapted to individual requirements. Softwarenetz shall make the ordered product available by granting a licence number. This licence number shall be sent by e-mail. On special request, the ordered software shall be sent on a data carrier at a surcharge.
- Before the conclusion of the contract, the customer has checked in so far as he/she is able whether the ordered software meets his/her wishes, expectations and requirements. He/she has especially satisfied himself/herself on the basis of the product information on the internet site that the ordered software can be employed on the operating program used by him/her.
- Softwarenetz shall render all performance in accordance with the state of the art.
SSoftwarenetz takes the protection of the customer´s personal data seriously. Softwarenetz heeds all relevant provisions of the data protection acts. Personal data is only collected to the extent which is technically necessary. The collected data shall not be sold or forwarded to third parties.
After the receipt of payment, the customer shall receive the licence number and, if a data carrier is ordered, the data carrier.
Rights of the customer to the software
- The customer acquires the software to use it on a permanent basis himself/herself or in his/her business enterprise. The owner of the rights to the software shall remain Softwarenetz. All data processing appliances onto which the programs are copied in whole or in part, on a temporary or permanent basis, must be in premises or in the possession of the customer. Softwarenetz grants the customer the authorisations which are necessary for the intended use. Softwarenetz also grants the right to copy the ordered programs onto main memories and hard disks. The customer may make back-up copies.
- If the software is acquired for commercial use, one licence merely permits it to be used on one workstation. If the software is to be installed and used on several workstations, then a corresponding number of licences must be acquired.
- The licence number may not be forwarded, sold or published.
The software has the agreed characteristics. It is suitable for the contractually presupposed use, otherwise for customary use. It has the usual quality of software of this type. An impairment to the functioning of the software which results from hardware defects, ambient conditions, wrong operation or similar shall not constitute a defect. An insignificant reduction in quality shall not be grounds for complaint. The customer is aware that software is never completely error-free.
The customer is himself/herself responsible for the regular back-up of his/her data.
- Softwarenetz shall be unrestrictedly liable towards the customer if the customer asserts claims for damages which are based on intent or gross negligence, including intent and gross negligence on the part of the legal representatives and vicarious agents of Softwarenetz.
- In the case of slight negligence, Softwarenetz shall be unrestrictedly liable in the event of death, physical injury or damage to health.
- Softwarenetz shall in other respects only be liable if Softwarenetz has infringed a fundamental contractual obligation (cardinal obligation). In these cases, liability shall be restricted to the reparation of the foreseeable, typically occurring loss.
- Claims shall become statute-barred within one year after the surrender of the software, unless Softwarenetz has fraudulently concealed a defect or has caused the defect by way of intent or gross negligence.
- The customer is not entitled to any warranty claims if he/she has altered the software himself/herself, unless this alteration was not the cause of the defect. In this respect, we refer once again to the obligation incumbent on the customer to make regular data back-ups. Softwarenetz shall assume no liability if a loss occurs due to a loss of data which would not have happened if customary data back-ups had been made.
- Liability according to the German Product Liability Act shall remain unaffected.
§ 10 Special conditions with regard to the cloud drive(1) Softwarenetz will guarentee an availability of the cloud drive of 99% in average. Excluded are times, in which the server is not available due to technical or other problems, which can not be influenced by Softwarenetz (external violence, etc.).(2) The contract to use a cloud drive is 12 months, if not otherwise agreed. The contract will end automatically when the customer does not extend the contract in time. Softwarenetz is allowed to the delete all files of the custumer, which are storaged onto the cloud drive.(3) Softwarenetz is not obliged, without a special agreement, to create backups. The client is responsible for backups conform §8 of the General Terms and Conditions.
The parties are in agreement that this contract shall be governed by and construed according to German law.
Agreement on the place of jurisdiction
Frankfurt am Main is to be the place of jurisdiction for all disputes arising from the contractual relationship between the customer and Softwarenetz if the customer is a merchant, a legal person under public law or a special fund under public law. Softwarenetz reserves the right to raise an action against the customer at the customer´s valid general place of jurisdiction.
Amendments and supplements to the contract must be made in writing to be effective. This shall also apply to the amendment of this requirement of the written form. The requirement of the written form is also satisfied by a transmission in text form, especially by fax or e-mail.
- If individual provisions of these General Terms of Business are or become ineffective in whole or in part, then this shall not affect the validity of the remaining provisions.
- The parties undertake to replace ineffective or null and void clauses by legally effective provisions which are closest to the commercially intended purpose. The same shall apply if this contract should contain a gap which requires supplementation.