General Terms and Conditions
§ 1 Preamble
a) Area of Validity
These General Terms and Conditions in their current version shall be valid for all business relations on www.yve-tool.de between Buckow Enterprise Solution GmbH, Gormannstrasse 14, 10119 Berlin, represented by its General Manager Mr. Helge Buckow (called hereafter: Buckow Enterprise Solution GmbH) and its customers at the time of contract completion. Contrary General Terms and Conditions by the customer are hereby expressly rejected.
b) Contract Agreement
Contract language is German and English. In the event of any discrepancy, the German language for General Terms and Conditions as well as other legal texts shall prevail.
c) Changes to the General Terms and Conditions
Buckow Enterprise Solution GmbH reserves the right to change these General Terms and Conditions based on legal changes, highest court case laws or market changes by adhering to an appropriate announcement period of a minimum of six (6) weeks. The announcement of the modified General Terms and Conditions is made public by stating the point-of-time when they come into effect on the Internet on Buckow Enterprise Solution GmbH’s website. If a user does not object to the publication within six (6) weeks, the modified Terms and Conditions are considered accepted. The meaning of the six-week-period is indicated separately in the announcement of the changes. In case of a user’s timely objection against the modified Terms and Conditions, Buckow Enterprise Solution GmbH is entitled, under reservation of the user’s justifiable interests, to cancel the existing contract with the user at the time when the changes become effective. The user’s corresponding content shall be deleted from the data base right away. The user cannot file any claims against Buckow Enterprise Solution GmbH from this.
d) Registration/Signing of Contract (complimentary trial account)
Registration takes place in a total of two steps. In Step 1, the user enters their data (name, desired user name etc.) and selects a password for their trial account. In Step 2, they confirm the entry by clicking on the “Sign up” button. Buckow Enterprise Solution GmbH shall confirm receipt of the user’s registration immediately. The confirmation receipt does not indicate a binding acceptance of the registration. Buckow Enterprise Solution GmbH is entitled to a binding acceptance of the contract offer indicated through signing-in within five (5) days after receipt of application per email, facsimile, telephone, mail. The contract is closed between Buckow Enterprise Solution GmbH and the user through acceptance.
e) Registration/Signing of Contract (fee-based account)
Registration takes place in a total of four steps. In Step 1, through their trial account, the user selects the option “fee-based membership”. In Step 2, they choose their method of payment and enter their billing address. In Step 3, the user has the option to once again correct all entries (i.e. name, address, method of payment, account purchased) before they confirm the registration by clicking on the button “fee-based Sign-in”. With this sign-in, the user officially states their contract offer. Buckow Enterprise Solution GmbH shall confirm to the user the receipt of the user’s sign-in without delay. The confirmation receipt does not indicate a binding acceptance of the registration. Buckow Enterprise Solution GmbH is entitled to a binding acceptance of the contract offer indicated through signing-in within two (2) days after receipt of application per email, facsimile, telephone, mail. The contract is closed between Buckow Enterprise Solution GmbH and the user through acceptance.
f) Conclusion of the contract via e-mail The user can contact the support of Buckow Enter prices Solution GmbH via e-mail or phone and instead of a registration (§ 1 e)). If the user sends an e-mail to support, all the information necessary for the conclusion of the contract must be in the offer email be included (in particular account, name, first name, address). When the contract was concluded by telephone this information is requested by an employee of Buckow Enterprise Solution GmbH. By sending the e-mail, the user makes a binding contractual offer. The Buckow Enterprise Solution GmbH will confirm receipt of the application the user this immediately. The confirmation of receipt shall not constitute a binding acceptance of the declaration. The Buckow Enterprise Solution GmbH is entitled, by post to accept the contract offer contained in the registration compulsory within five days of receipt of the application by e-mail, fax, telephone. With the adoption of an agreement between the Buckow Enterprise Solution GmbH and the user comes. During phone call offering the user is assumed by an employee of Buckow Enterprise Solution GmbH for this immediately.
The user’s rights from this contract are not transferable. The password, which gives the user access to a personal area and therefore makes data collection and storage possible, is to be handled with utmost confidentiality and may – under no circumstances – be distributed to third parties. The user shall take the appropriate and necessary measures to prevent knowledge of their password by third parties.
h) Storage of Contract body
The contract body is stored by Buckow Enterprise Solution GmbH and sent in written form (i.e. email, facsimile, or regular mail) next to the Terms and Conditions at hand and their customer information to the customer after having sent their order. The contract body can be obtained by the customer after having submitted their order through the vendor’s website and by accessing the user account.
§ 2 Service
Buckow Enterprise Solution GmbH makes it possible for their customers to use Buckow Enterprise Solution GmbH’s developed software for events in the scope listed in this contract made available through the platform. In addition, customers have the opportunity to reserve the use of software for a specific event .
This includes also the storage of individual contents and data with the goal and the possibility to access data from various equipment and computers. Storage space can be limited by Buckow Enterprise Solution GmbH.
Access is only granted for one individual person per log-in. Sharing or transfer of log-in data is not permitted. A separate log-in must be created for each person.
c) Delays of Delivery
Delays of delivery and services based on acts of God/force majeure and extraordinary and non-foreseeable events, which cannot be prevented even with extreme precaution by Buckow Enterprise Solution GmbH (especially including: strikes, regulatory action or court orders, and instances of incorrect or improper delivery of goods to the seller despite the appropriate covering transaction to that effect), are not to be imputed to Buckow Enterprise Solution GmbH. They entitle Buckow Enterprise Solution GmbH to postpone delivery by the time period of the hindering circumstance.
d) Cancellation of Contract
At non-availability, based on the above-mentioned reasons, Buckow Enterprise Solution GmbH may cancel the contract. Buckow Enterprise Solution GmbH commits to inform the customer without delay about the non-availability and shall reimburse in return any services already rendered.
e) Technical Requirements
Use of the software made available requires appropriate compatible equipment as well as sufficient Internet access. Depending on the scope of the contract, each user can be assigned privileges and access rights to the various work spaces. Buckow Enterprise Solution GmbH does not guarantee an all-time availability of the services offered.
It is possible to upgrade or downgrade the purchased scope of usage at any time. In case of a downgrade, a loss of the user’s data is possible. Buckow Enterprise Solution GmbH does not assume liability for such loss of data.
g) Service Performance by Third Parties
Buckow Enterprise Solution GmbH is entitled to have this contract or parts of this contract fulfilled by third parties. Especially servers which process and store data can be operated by third parties. Buckow Enterprise Solution GmbH ensures that third parties adhere to the regulations of these Terms and Conditions and its Data Protection Policies.
§ 3 Usage
The user commits themselves to use the services offered by Buckow Enterprise Solution GmbH only in a legal scope as allowed in these Terms and Conditions. Misuse leads to expulsion of user rights, as indicated upon registration. Buckow Enterprise Solution GmbH shall deactivate the corresponding user’s user account after the misuse is made known. Possible fees already paid shall not be refunded in such event.
A misuse exists especially by copyright law violations. Furthermore, misuse exists in the furnishing, distribution or use in any other form of illegally acquired data or in the distribution or furnishing of data for illegal purposes. The use of the services provided by Buckow Enterprise Solution GmbH is considered misuse, especially:
to send Spam,
to send and store insulting, obscene, threatening, humiliating, or other content offending third parties,
to send and store viruses, worms, Trojans or other damaging computer codes, files, scripts, agents or programs,
to upload programs designed to interrupt, impede or prevent the operation of Buckow Enterprise Solution GmbH,
to attempt unauthorized access to the services provided by Buckow Enterprise Solution GmbH or their individual modules, systems or applications.
The user commits to keep Buckow Enterprise Solution GmbH indemnified from third party claims including appropriate, that means legally set cost for prosecution which are not based on contractual, improper and/or illegal use of the webpage services and their contents by the user. The user supports Buckow Enterprise Solution GmbH in the defense of these claims, especially by making available all information required for defense. The user is obligated to compensate Buckow Enterprise Solution GmbH for damages which result from the successful enforcement of such claims by third parties.
§ 4 Compensation and Length of Contract
Prices and products for the individual services are based on the price list and the product range, valid at the time when the respective order is placed. For individual maturities Discounts may be offered. In case of an automatic contract term extension, compensation for the extension shall be set for the length of time added to the contract, in accordance with the products’ price list which becomes valid for the customer two (2) weeks prior to the time of contract extension. All prices are including value-added tax for consumers and towards businesses plus valid value-added tax.
b) Length of Contract and Cancellation
The commercial contract period can be selected, the Buckow Enterprise Solution GmbH offers monthly, six-monthly and annual maturities. The contract period begins upon receipt of the declaration of acceptance by the Buckow Enterprise Solution GmbH. The contract can be canceled in writing towards the end of the contract period with a 2-week-notice before the expiration of the contract’s length of term. The right to an immediate cancellation without notice for important reason remains untouched by this. As far as the contract relationship was not canceled towards the end of the contract term, the term will renew itself by one month each. The cancellation due to important reason remains untouched by this. As far as the contractual relationship was not terminated at the expiry of the contractual term, the term is extended by the previously agreed maturity, provided that the customer did not specify when the contract was concluded that he does not require an automatic extension. If the customer did not select the automatic renewal, the contract will be terminated at the end of the term.
c) Length of contract when booking for a specific event
If the customer books the software for a specific event , the license agreement is limited to 1 year from activation of the account . Within this year, the customer can use the software for his clients. The contract automatically expires at the end of the year without the need for notice. The right to extraordinary termination remains unaffected .
d) Free Trial Month
The free trial month commences with the registration date and ends without a cancellation being necessary. A user can only once make use of the free trial month.
e) Consequences of cancellation of the contract
In case of cancellation or the automatic termination of the contract, all data relating to the user are deleted towards the end of the contract term. After the cancellation, data cannot be retrieved or downloaded.
f) Payment Delay
The customer is delayed with a payment if payment is not received by Buckow Enterprise Solution GmbH within two weeks after receipt of the invoice. In case of delay of payment, interest in the amount of five percentage points above the European Central Bank’s base interest rate, that is eight percentage points above the European Central Bank’s base interest rate, are calculated for legal transactions which did not involve a consumer. Should the customer be delayed with their payments, then Buckow Enterprise Solution GmbH reserves the right to charge overdue fees in the amount of EUR 2.50. The assertion of further damages shall remain undisputed. The customer has the possibility to proof that Buckow Enterprise Solution GmbH suffered no or only a minimal amount of harm.
g) Account Closure at Payment Delay
In case of payment delay, the user’s account is canceled immediately. Data will be made available again after receipt of the outstanding payments.
h) Right of Retention
The enforcement of a right of retention is only available to the customer for such counterclaims which are due and based on the same legal relationship as the customer’s obligation.
§ 5 Notice to the Right of Cancellation for consumers with long-distance contracts
Notice to the Right of Cancellation for Services
Right of Cancellation
You may cancel your contract within 14 days without stating reasons. The cancellation period is 14 days after the contract is concluded. In order to execute your cancellation right, you have to inform us (Buckow Enterprise Solution GmbH, Gormannstr.14, 10119 Berlin, E-Mail: firstname.lastname@example.org, Phone: +49 30 9227 7900) with a clear statement (i.e. letter sent with postal service, facsimile or email) about your decision to cancel this contract. You may use the attached sample form, but you are not required to use it. To comply with the cancellation period, the timely mailing of the cancellation shall be deemed sufficient.
Consequences of cancellation
If you cancel this contract, we have to reimburse all payments, that we received from you, including shipping cost (except the additional cost that occur from you choosing another shipment type than the standard shipping offered by us) without delay and within 14 days from our receipt of your cancelation. For the reimbursement we will use the same payment method that you used in the original transaction, unless agreed otherwise; in any case no there will be no charges to you for the reimbursement. If you have ordered the start of the service during the cancellation period, you have to pay us an appropriate amount, that equals the share of the performed service until the receipt of your cancelation.
-End of Notice of the Right to Cancellation-
Your right to cancel expires prematurely, if the contractor has completely fulfilled the service and has started with the execution of the service after you gave your approval and you acknowledged that your cancelation right ends if the service is completely fulfilled.
§ 6 License Limitation/Copyright Law
a) Copyright Law Protection
As part of the contract closed, the software made available is protected by copyright. All rights originating from copyright law solely belong to Buckow Enterprise Solution GmbH. The copyright spans especially the complete program code, the structure as well as the design image and the design of the software application. Each additional duplication, distribution, change etc. without express permission is prohibited.
b) Limitation of User Rights
The user is prohibited from using the software for purposes other than contractually agreed to or to make the software available to third parties.
c) Updates and Upgrades
Buckow Enterprise Solution GmbH is allowed to make changes to the software as part of (necessary) updates and upgrades. These changes are also governed by copyright protection.
§ 7 Guarantee
There are statutory warranty rights. Buckow Enterprise Solution GmbH does not assume a guarantee of the software’s functions for the user if used with inappropriate operating systems.
b) Compensation for Damages for Defects
No guarantee is granted for damages which occur due to inappropriate handling and use of the software or the platform’s use. Buckow Enterprise Solution GmbH only grants compensation for damages for defects only in case of intent or acts of gross negligence. This exemption does not cover liability for damages from injury of life, body, or health. Regulations of the Product Liability Law are unencumbered by the exclusion of liability.
c) Guarantee towards Businesses
The following regulations shall apply towards businesses, apart from the statutory warranty regulations: In case of damage, Buckow Enterprise Solution GmbH shall provide, upon its own choosing, supplementary performance in form of damage elimination or new release.
d) Duty to Objection by Businesses
Businesses must immediately declare damages in writing; the validity of a warranty claim shall otherwise not be valid. The timely sending/mailing suffices to guarantee the objection period. The business owner must completely prove that all conditions for the claims are met, especially for the damage itself, for the point-of-time when the damage was discovered and for the timely information of the objection regarding the damage.
e) Maintenance Service
Buckow Enterprise Solution GmbH reserves the right to limit or suspend use due to required server maintenance. The user shall be informed in-time by Buckow Enterprise Solution GmbH about the up-coming maintenance services.
§ 8 Obligation to Data Storage
The data entered into the system by the user shall also always be secured in form of data back-up storage via a reliable server. Buckow Enterprise Solution GmbH does not however accept general liability to the obligation to data storage for the data entered into the system by the user. Buckow Enterprise Solution GmbH exercises necessary care for the rendering of agreed services.
§ 9 Liability
a) Liability Exemption Disclaimer
Buckow Enterprise Solution GmbH, and its legal representatives and vicarious agents, shall only be liable for intent or gross negligence based on the following clause. In case of slight negligence, liability shall only cover the violation of essential contractual duties, consequently of such duties whose compliance is of special importance for the fulfillment of this contract’s purpose. Liability shall only be limited to the foreseeable, contract typical damage. Buckow Enterprise Solution GmbH shall only be liable in case of a gross negligent violation against non-essential contractual duties in the amount of the foreseeable, contract typical damage towards customers who are not consumers.
b) Retention of Liability
The aforementioned liability exemption disclaimer shall not concern liability for damage to loss of life, bodily injury or damage to the health of a person. Regulations of the German Product Liability Law shall also be untouched by the exclusion from liability
c) Use in Connection with other Programs
Buckow Enterprise Solution GmbH is not liable for damages which result from other programs operated in conjunction with Buckow Enterprise Solution GmbH’s services, even when Buckow Enterprise Solution GmbH notifies about these programs.
§ 10 Final clause
a) Place of Jurisdiction
It is agreed that the exclusive place of jurisdiction for all litigation proceedings based on this contract shall be the registered office of Buckow Enterprise Solution GmbH in Berlin, insofar as the customer is a merchant, legal entity under public law or special fund under public law, or insofar as the customer does not have a place of jurisdiction in the Federal Republic of Germany.
b) Governing Law
Unless mandatory legal provisions based on the customer’s right of domicile do not prevent it, it shall be agreed upon that German law shall be valid excluding the UN Convention on the International Sale of Goods.
d) Severability Clause
c) online dispute settlement (B2C)
The EU Commission has created an Internet platform for the online settlement of disputes concerning contractual obligations from online contracts (OS platform). The customer can reach the OS platform at the following link: http://ec.europa.eu/consumers/odr/
Should individual terms of this contract become invalid or ineffective, it shall not infringe on the validity of the remaining General Terms and Conditions.