Terms of Service
§ 1 Validity of the terms of contract
(1) Novamag GmbH (hereinafter referred to as "Provider") provides the User (hereinafter referred to as "Customer") in accordance with this Terms of contract selected by the customer software modules (hereinafter referred to as "standard modules") available for retrieval over the Internet on an external server of a hosting provider.
(2) The provider expressly addresses his offer only Merchants i.S.d. HGB and not to consumers. Are not customers Merchants iS.d. § 1 HGB, you are in accordance with § 2 HGB, or in accordance with § 14 BGB treated.
(3) For the provision of the standard modules by the provider and for pre - contractual obligations apply in entrepreneurial traffic exclusively these general Terms of contract, unless otherwise agreed. Other Contractual terms are not part of the contract, even if the Provider does not specifically oppose them. mandatory statutory provisions remain unaffected.
(4) Also, if the provider in the conclusion of similar contracts this does not indicate again, apply exclusively the General terms and conditions of the provider in their submission the declaration of the customer to the respective contract conclusion under https://novamag.de/agb available version, unless the parties agree otherwise in writing.
§ 2 Conclusion of contract
(1) Offers by the provider are non-binding and without obligation, unless because, the offer is in writing as binding. A legal binding comes only by both sides signed Contract or written order confirmation from the provider in addition, by the fact that the offerer after the order begins with the contractual provision of services. The provider may be written confirmations of verbal contracts of the Customers demand.
(2) By running any of the standard modules on the Customer's equipment, any installation, copying or the otherwise use the standard modules on the hardware of the Customer agrees to the customer with the terms of this contract Agreed.
(3) Except on the platform of the provider marked period for testing purposes.
§ 3 Contract
(1) Gegenstand dieses Vertrags ist die unbefristete Bereitstellung der verfügbaren und vom Kunden ausgewählten Standardmodule auf einem Server des Kunden oder eines externen Hosting-Anbieters. Ferner räumt der Anbieter dem Kunden die zu deren vertragsgemäßen Nutzung erforderlichen Rechte auf Zeit nach Maßgabe des § 5 und beschränkt auf die vom Kunden ausgewählte Anzahl von Arbeitsplätzen ein.
(2) The standard modules offer the customer the possibility of data of the customer via a password-protected website, which are also stored on the servers of the hosting provider and processed. For the standard modules, the under https://novamag.de/features available product description in the Version at the time of the conclusion of the contract according to § 2, from which finally the owed nature of the standard modules results. The features mentioned there and System requirements for the use of the standard modules as well Access requirements for the standard modules, in particular the possible requirement of a separate hosting contract and a functioning (and not provided by the provider Internet connection) are known to the customer. The customer has the Compliance of this specification with his wishes and Needs tested.
(3) The selection of the standard modules by the customer takes place after a test phase and requires no further separate consent. The prices of the standard modules are separated for each customer defined in a binding offer and handed over to him.
(4) The customer will be notified after registration https://novamag.de/kontakt access to the product granted. the Customer will be sent to the e-mail address provided by him Confirmation sent with a password.
(5) installation and configuration services, Individual adaptations of the standard modules to the requirements of the customer as well as software maintenance training and services on the preservation of the standard modules as contracted are not subject to the contract of use the standard modules, but can be between the parties in Terms of Service General Terms and Conditions of Novamag GmbH for Standard Modules 2/6 separate contract.
(6) The customer agrees that his bill on electronic Routes (eg in the portal itself or via e-mail) is transmitted. These is valid without signature.
§ 4 Hosting
(1) The provider stores the standard modules on a separate Server as object programs in executable form. The provider grants the customer the right to access the Internet via the Internet selected standard modules. For this purpose is a separate Request to be made, there are paid access rights granted.
(2) The provider assumes no responsibility for the Availability / availability of the server of the hosting provider, on the standard modules are saved and the backup of the on the server of the hosting provider using the Software modules entered data of the customer.
(3) The parties agree that, as far as possible, the provider shall Performance to increase efficiency or availability even in one provide scaling form at a hosting provider can. This means in particular that the customer is a dedicated Area in one of the forms marked in the standard module is made available.
(4) The provider is entitled, after prior notification of the Customers under paragraph 6 on behalf of the customer Exercise termination opportunities under the hosting contract and to conclude a contract with another hosting provider, as far as the customer to the selected standard module one equivalent alternative offers.
(5) The customer is aware that during the conversion of the Hosting contracts according to the product description Unavailabilities of the standard modules may occur. These belong to the agreed condition and affect the Conformity of the provision of the standard modules not.
(6) The provider will inform the customer about the intended change of the hosting provider at least two weeks before intended change with presentation of the new conditions teach form-free.
(7) If the customer objects to the intended change within from 7 days after access, the contract ends on the use of the Standard modules with the provider at the time of the Provider would have initiated the change. Already made payments to be returned to the provider pro rata.
(8) The billing of the services under the hosting contract takes place by the offerer, which makes the fees for the achievements of the HostingAnbieters to the customer in the context of the account according to § 6 paragraph 2 and forward it to the hosting provider.
§ 5 Rights and obligations of the customer
(1) The customer receives the non-exclusive, temporal to the term of the lease, non-transferable and not sublicensable right to use the standard modules, i. the Right to load, view and run the standard modules on the hardware of the customer, or its addressees to that in the Product description, limited to that of him ordered number of jobs. The right of use is limited on the processing of customer data in the own enterprise of the Customers for their own purposes.
(2) The customer may not reproduce the standard modules, edit, reverse engineer, decompile or disassemble, unless otherwise required by law is mandatory (especially according to §§ 69d, 69e UrhG). The Customer is not entitled to release the source code.
(3) The customer is not entitled to the standard modules or parts pass it on to a third party or a third party To allow use or notice or the Use standard modules for a third party or publicly to reproduce or make accessible.
(4) The customer is required to use the standard modules check the results for plausibility and correctness. The provider makes no representations regarding the Faultlessness of results resulting from use of the Standard modules result. In particular, the customer is obliged to check whether the desired result corresponds to what is due to the Standard modules was created. This is done by the provider no liability for incorrect or deviant representation of Results may be incorrect on third party systems being represented.
(5) If the customer violates any of the above provisions, all rights of use granted under this contract will be immediately void and automatically fall to the Provider back. A repayment of payments already made will be excluded, unless the provider is culpable to the offense contributed by the customer.
(6) The regulations agreed in § 5 paragraph 1 and 2, under Excluded terms to be negotiated between the parties become. For this purpose, individual contractual regulations have to be created. The possibility of exclusion does not include the right of it To use before an express, in writing held by the taxpayer. The provider remains it is free to allow a different regulation.
(7) For all content that the customer can access on the platform holds or stores, He is responsible. The provider is not obligated, however, entitled the contents of the customer on eventual To consider legal violations.
(8) The customer agrees to all country-valid Regulations and those of the Federal Republic of Germany. This also applies explicitly to any additional applicable legal regulations. Further, he undertakes to use the service does not perform any actions that infringe the rights of third parties (including their personal rights) violate.
(9) The customer agrees not to provide content that against legal prohibitions, good morals (in particular degrading, racist, xenophobic, right-wing radicals or otherwise objectionable content) or against the rights of third parties (especially personality, trademark, name and copyright) to offend.
(10) The customer agrees to the imprint obligation (or the each in the country of use according to legal obligation) to comply by itself.
(11) If the customer violates those mentioned in 11 and 12 above Conditions, the provider has the right to take note of the to remove the relevant data.
a) Will the provider by authorities or judicial bodies for violations of prevailing laws or rights of third parties pointed out, which the customer has negligently to answer for after prior notification the respective required data of the customer to competent authorities, respectively organs of the Forwarded justice.
b) The provider will comply with the statutory provisions. the BDSG and no data from the customer, unless he is obliged to.
§ 6 Remuneration
(1) The monthly or annual remuneration is calculated from the Addition of the individual allowances per rented standard module, resp. Part of the contract with the number ordered by the customer rented standard module according to the offer by the customer The price list provided in the version at the time of Conclusion of contract according to § 2 or in case of extension of the Contract for further standard modules or jobs in the Time of ordering the extension.
(2) The billing is done by the provider for each Calendar month to month beginning in advance or for one year. This the customer chooses the standard module before billing independently. Each corresponding to the standard module Amount is due for immediate payment, according to the chosen one Invoice.
(3) The initial settlement takes place immediately after provision the respective standard modules, but not before the end of the test phase.
(4) Interest on arrears amounts to eight percentage points per year current base interest rate according to § 247 BGB.
(5) The provider is entitled to the remuneration in accordance with § 7 adapt.
§ 7 Adjustment of remuneration / special right of termination
(1) The provider is entitled to charge the prices for the standard modules a lead of 6 (six weeks) months to adapt. The respectively valid new price list will be sent to the customer in text form, in time for Provided.
(2) In case of notification of impending price adjustment the customer gets the right the contract under the upfront agreed conditions even after the price adjustment lead when rented a standard module with annual payment was, and the remaining term still at least 6 (i.W. Months. After completion of the remaining term of the Customer the possibility of renting the standard modules acc. new Terms of Service General Terms and Conditions of Novamag GmbH for Standard Modules 4/6 To use the price list, or exercise his right of termination.
§ 8 Control rights of the provider
(1) The provider constantly checks whether the rented by the customer Achievements according to the standard module are not exceeded. In particular, the test relates to the used memory for data on the servers of the hosting provider, or the attributed Volume of data flow, which acc. Standard module agreed has been.
(2) The review is not to announce, it is constantly through in System implemented by the provider provided mechanisms.
(3) The exam is carried out by an employee of the provider, a external employee or employee of the hosting provider administered. A log will be given to the customer in case of exceeding the agreed services.
§ 9 extensions, partial cancellations
(1) The customer can at any time the contract for more jobs and expand standard modules. The remuneration rates apply here and the settlement procedure according to § 6.
(2) If the customer exceeds in accordance with. § 8 one or more of him the volume corresponding to the standard module becomes the provider tell him this. The provider is gem. variable price list with the the offer is made available, the additional consumption in Bill. The provider will pay the billing at the time of valid conditions.
§ 10 Maintenance, Updates, Upgrades
(1) The provider guarantees the maintenance of the contractually agreed nature of the standard modules during the contract period and for having one contractual use of the standard modules no rights of third parties conflict. The offerer becomes occurring property and Legal defects on the standard modules in due time remove. The appropriateness is measured according to appropriate
a) Lack of relevance, this means in particular the actual Impairment of the overall performance,
b) Type of deficiency, this may be due to exogenous factors such as updates, or changes of derivative software (eg. Internet browser, operating systems, as well as extensions, etc.) and
c) causes, these may be u.U. only available to the customer, and not replicable in other environments (as non-exclusive Examples: proxy settings, routing in networks or similar).
(2) The customer is obliged to give the vendor defects of the software after their discovery immediately in writing. at Material defects, this is done by describing the time of occurrence the defects and the circumstances.
(3) In order to maintain the quality owed, the provider is particularly entitled to use the standard modules during the Contract duration according to the following conditions:
In order to maintain the quality owed, is the provider entitled to accept standard module bugs and vulnerabilities and the customer only from the resulting to provide new versions of the standard modules for use.
The provider supports the customer with references to Error prevention, troubleshooting and workaround.
The provider informs the customer about planned new ones Program versions and program extensions.
(3) Only "standard module" errors ** are used Understood disturbances in the program, which are suitable, the Use of standard modules in the operation of the customer more than just irrelevant and not due to technical Problems of the hosting provider (eg the inaccessibility of the hosting provider) external server, especially due to errors in the Internet connection). Does the customer notify you? appropriate error, the provider will cover this error in the context the resources and resources available to him fix as soon as possible.
(4) The provider provides the services so that they are in the interest orient the whole of the users of the standard modules. Individual adjustments are not included and must be separately Terms of Service General Terms and Conditions of Novamag GmbH for Standard Modules 5/6 be agreed. The benefits are only in relation to the most recently provided by the provider versions of Standard modules provided.
(5) Any short-term product mentioned in the product description Unavailability of standard modules related to the maintenance measures described in paragraphs 1 to 5 known to the customer and belong to the agreed condition.
(6) Development / Upgrades
The provider is also entitled to use the standard modules in Development of quality and modernity and the Adapt standard modules to changing requirements. The resulting from this new versions (upgrades) can own Be standard modules and can be retrofitted by the customer to the in the current current price sheet called Rates of remuneration in accordance with these terms and conditions be booked, inasmuch as the provider, the upgrades not as in para. 3a. as updates in existing standard modules, as well as this then occurs in place of the previous performance.
§ 11 Protection of standard modules
The customer is obliged to use the standard modules appropriate measures against access by unauthorized persons To secure third parties.
§ 12 contract duration
(1) The contract begins with the receipt of the order confirmation Customers, but not before providing the standard modules by the Provider on servers of the external hosting provider.
(2) The contract can be made by the customer with a notice period of three months be terminated at the end of the term, at the earliest to the expiration of the in each case belonging to the standard module minimum term. This is as far as the respective performance description is not something another results in four full calendar quarters.
(3) Termination for good cause must be preceded by a deadline by at least two weeks, naming the Reason for termination in writing. If a deadline Termination of the provider on a breach of contract Customer is based, the provider is the contractual compensation to which he would have been entitled without notice, less saved expenses. The customer can give the partial notice according to § 9 and a contract termination according to paragraph 2. The claim for damages does not exist, as far as the customer the Breach of duty is not responsible. Saved as a deduction for Expenses of the provider 10% of the remuneration are agreed. The customer is allowed proof that the savings are substantial higher than 10%.
(4) Any termination requires the text form to be effective.
(5) At the end of the contract, the customer gives the supplier the ceded Software or delete or destroy them and all copies and assures in writing that this has happened.
§ 13 Liability
(1) The provider is liable without limitation
a) in case of intent or gross negligence,
b) for injury to life, limb or health,
c) according to the regulations of the product liability law as well as
d) to the extent of a warranty accepted by the supplier.
(2) In case of slightly negligent violation of an obligation essential for the achievement of the contractual purpose is (cardinal duty), is the liability the provider of the amount limited to the damage after the Type of business in question is predictable and typical.
(3) A further liability of the provider, in particular for initial defects, does not exist.
(4) The above limitation of liability also applies to the personal liability of the employees, representatives and organs of the Provider.
§ 14 Confidentiality / Privacy
(1) The parties undertake to give them all prior to or at the Execution of the contract by the other party or known items (eg software, documentation, Information) that are legally protected or business or Contain trade secrets or are designated as confidential, Terms of Service General Terms and Conditions of Novamag GmbH for Standard Modules 6/6 to treat it as confidential beyond the end of the contract because, they are without breach of secrecy publicly known. The parties keep and secure them Items so that access by third parties is excluded. The According to § 5 BDSG employees have to be obliged to keep data confidential to preserve. Employees are not allowed to personal data outside the lawful Task fulfillment to process or use. This is also valid, as far as it concerns data, which the coworker on reason become aware of his activity for customers or suppliers. This obligation also remains in the case of task change or after termination of employment.
(2) The customer makes the contractual objects only to the employees and other third parties who have access to the exercise of their rights Need service tasks. He teaches these persons about the Necessity of the objects.
(3) The provider processes the business transaction required data of the customer in accordance with the data protection regulations.
(4) The provider stores the possible personal data its consumers of the created medium only temporarily, until these have been transmitted to the customer; in particular, this is the technical structure owed. Data about the user behavior are only accessible to the customer. For this he is by law to Enlightenment committed. The publication module offers the required technical conditions.
§ 15 Miscellaneous
(1) The customer may exercise rights and obligations arising out of or in connection with with this contract only with the written consent of the provider transferred to third parties.
(2) An offset against claims of the provider is only with undisputed or legally established claims of Customers are allowed.
(3) Amendments and additions to the contract require the Written form. This also applies to the modification or cancellation of this Clause.
(4) This contract is subject exclusively to German law Exclusion of the UN Sales Convention. This also applies to non-contractual claims in connection with this contract.
(5) The parties are aware that the standard modules May be subject to export and import restrictions. In particular, licensing requirements may exist or may be the Use of standard modules or related technologies abroad are subject to restrictions. The customer will be the applicable export and import control regulations of the Federal Republic of Germany, the European Union and the United States of America and all other relevant Comply with regulations. The fulfillment of the contract of the provider is on the condition that the fulfillment of any obstacles of national and international regulations of export and Import right as well as no other legal regulations conflict.
(6) The place of performance is Hamburg.
(7) Exclusive place of jurisdiction for all disputes arising from or in Hamburg is associated with this contract, unless each party Merchant or legal entity of public law.
(8) Should individual provisions of this contract be ineffective, this affects the validity of the remaining provisions in principle Not. The parties will replace the ineffective provision to agree such that the legal and contractual objective economically most likely to do justice. The same applies unintentional gaps in this contract.
(9) All investments listed in this contract are Part of the contract.