General Terms and Conditions
§ 1 Scope of application
1. The following terms and conditions apply exclusively in their valid version for all legal transactions between Betterspace GmbH and other entrepreneurs, legal entities under public law or special funds under public law. These also apply to all future business relationships, even if they are not explicitly agreed again. Deviating purchasing or other conditions of the contractual partner are hereby expressly contradicted.
2. Conditions deviating from these contractual conditions will not be acknowledged unless Betterspace GmbH expressly agrees to their validity in writing.
§ 2 Object of agreement
2.1 The contracting parties agree on the cooperation under the terms of the specific, individual contractual agreement. Our offers are subject to change and non-binding.
2.2 The Betterspace GmbH solutions consist of hardware components, consulting solutions and software license agreements, which can only be successfully used in combination. Full use is only possible with the login data provided when the contract was concluded.
2.3 With an amount of more than EUR 1,000 orders or service and work contracts, we are entitled to request reasonable installment payments.
§ 3 Conclusion of contract
3.1 A contract with Betterspace GmbH is formated by sending the signed order or order offer by post, by fax or by email.
3.2 The subject of the contract or the exact job description is described in the order offer.
3.3 The contract begins and ends at the specifically and individually agreed time.
3.4 The prices apply according to the offer or order confirmation by us. Additional services that are subsequently ordered and outside the scope of the offer will be billed at the current price list of Betterspace GmbH.
3.5 All of the templates (images, graphics, existing buttons, lettering, logos, texts, data etc.) necessary for the creation of HTML pages, flash films, Java scripts, databases and programs are, unless otherwise agreed, provided electronically by the contracting party. For graphics, unless agreed otherwise, the formats JPG, PNG, GIF or TIF (format IBM-PC) are binding. Eventually arising expenses will be billed at costs.
§ 4 Contract period / Notice of Termination
4.1 The minimum duration of the software license agreement is defined with the individual contractual partner, starting with the activation of the contractual partner account, unless otherwise stated in the order confirmation. In generel the minimum duration is 36 month, unless agreed otherwise.
4.2 The softeware license agreement is extended by another 12 months if the software license agreement has not been terminated 3 months before the minimum duration of the contract or the extended contract duration expires.
4.3 The termination of all contracts concluded with Betterspace GmbH must be in text form to be effective (e.g. in writing, by letter, fax or email).
4.4 If the customer is in default on debt obligations with payments of a not inconsiderable amount, of at least two full monthly installments, Betterspace GmbH has the right to temporarily suspend further services from the same legal relationship to which Betterspace GmbH has committed itself and to call all open amounts from this ratio immediately. In this case, any agreed dates or deadlines for the execution of outstanding deliveries and services from Betterspace GmbH will lapse without the need for a special note from Betterspace GmbH.
§ 5 Right of use / Availabilty
- Consultation and training of the contractual partner’s employees, correction of errors on site and services for eliminating consequential damage that cause is not adequately causally due to a software defect;
- Service that result from an update (possibly training, form changes, report adjustments, etc.) are billed at cost and must be requested separately;
- correction of software errors which are not the responsibility of Betterspace GmbH or which are not covered by the warranty.
§ 6 Data protection
- Legality of data processing according to the provisions of the GDPR
- Compliance with the principles of transparency
- Compliance with the regulation of prohibition with the reservation of authorisation
- Appropriation of each data processing process according to Art. 6 para. 4 GDPR
- Achieving the highest possible data minimization acc. Art 5 para. 1 lit. c GDPR
6.2. The data we collect is protected by numerous technical and organizational measures. This applies to own data as well as the data of the contractual partners and, as far as it is accessible to us, the data of the contract partner’s end customer.
6.3 To optimize the effectiveness of the GDPR, we assume that the contractual partners of Betterspace GmbH also fully apply the GDPR. A review of each contractual partner cannot be carried out, so we assume that it will be used correctly. Should this not be the case, we will not assume any liability for violations.
6.4 In the event of a contractual partner violating the GDPR, which becomes known to the public, Betterspace GmbH reserves the right to terminate the business relationship immediately and without notice for an important reason. Damage becomes known to the public if it becomes public in the press, radio or on the Internet. In such a case, there is no claim for damages
§ 7 Fee and payment
7.1 Unless otherwise agreed in writing, the hardware and software prices of Betterspace GmbH apply.
7.2 Payment of the hardware price is due to the conclusion of the contract and must be paid before handing over the hardware. The contractual partner will receive an invoice immediately after the receipt of the order confirmation.
7.3 Payment of the purchase price must be made to the account specified in the offer.
7.4 After the activation of the contractual partner’s account, payment of the software license is due as a one-time payment for the contractually stipulated utilization period of 36 months. An invoice will be handed over to the contractual partner on the day of the activation of the contractual partner’s account.
7.5 If the contractual partner extends the software license for another 12 months under the contractually described conditions or if the notice period of at least 3 months before the end of the minimum contract duration or the extended contract duration is not met, the contractually agreed software license fee is according to the terms of the invoice, which the contractual partner will receive via E-mail immediately, due as a one-time payment.
7.6 The invoice amount must be credited to the account specified in the invoice no later than the 10th day after the receipt of the invoice.
§ 8 Delivery / Availability of goods
8.1 Insofar as the contractually agreed goods are available, unless agreed otherwise with the contractual partner, they will be delivered to the address specified by the contractual partner immediately after the receipt of the order confirmation and the receipt of payment of the hardware costs.
8.2 Delivery dates or deadlines result from the order confirmation. In the event of delays in delivery, the contractual partner will be informed immediately by email or by telephone, as well as in the event of temporary unavailability of the products.
8.3 Partial deliveries are permitted.
§ 9 Installation
9.1 The hardware is installed by the contractual partner. If seperately agreed in the contract, the hardware can also be installed by Betterspace GmbH. Additional costs will be covered by the contractual partner.
9.2 The software license is installed and activated by Betterspace GmbH. For this purpose, the contractual partner must provide unlimited access to the Internet at the time of installation.
9.3 The integration of the hardware into the Betterspace GmbH solutions is to be carried out by Betterspace GmbH. Therefore, the supplied hardware must be properly installed at the time of installation, so that it only needs to be checked by Betterspace GmbH.
§ 10 Reservation of proprietary rights
10.1 The delivered hardware remains the property of Betterspace GmbH until all claims regarding the hardware costs from the contract have been fully paid. Betterspace GmbH is also entitled to temporarily withdraw the right of utilization of the software and to temporarily block access to the software.
10.2 The contractual partner is obliged to treat the hardware with care as long as ownership has not yet passed to him.
§ 11 Warranty / Liability for defects
11.1 Insofar as the contractual partner has received defective goods from Betterspace GmbH, the contractual partner is entitled within the scope of the statutory warranty provisions to request supplementary performance, to withdraw from the contract or to reduce the purchase price.
11.2 Betterspace GmbH is liable in the event of a defect according to the statutory provisions, as far as there are no restrictions from the following.
(a) The contractual partner must notify Betterspace GmbH of obvious defects, i.e. material, manufacturing or transport defects, in writing within two weeks of delivery of the goods. If the notification does not occur within the deadline, the warranty rights regarding these obvious defects expire. This does not apply if Betterspace GmbH has maliciously concealed the defect or has assumed a guarantee for the quality of the goods.
(b) During the specified deadline, the contractual partner has the option to choose supplementary performance by exchanging or repairing the goods free of charge. The contractual partner must return the delivered products immediately after notification of the respective defect.
(c) If the supplementary performance of Betterspace GmbH fails twice due to exchange or rectification of the defect, the contractual partner is entitled to choose between withdrawing or reducing the price. Betterspace GmbH is not liable for damages that have not arisen on the delivery item itself, in particular Betterspace GmbH is not liable for lost profits or other financial losses of the contractual partner.
11.3 Claims for faults from the sale of the hardware become time-barred in twelve months, starting with the transfer of risk (usually with the day of handing over / installing the Betterspace GmbH solution or after the successful activation of the customer account set up).
11.4 Claims of faults do not exist if there is only an insignificant deviation from the agreed quality, if there is only an insignificant impairment of usability, if there is natural wear and tear or if the damage occurs after the transfer of risk as a result of incorrect or negligent treatment, excessive use or due to special external influences that are not required by the contract.If repair work or changes are carried out improperly by the contractual partner or third parties, there are also no claims for faults for these and the resulting consequences.
11.5 Compensation instead of performance can only be claimed within the liability for defects in the event of intent and gross negligence on the part of our legal representatives or vicarious agents.
11.6 The sale of used goods (refurbished articles) shall be made under exclusion of any liability for material defects. Betterspace GmbH does not assume any guarantees, assurances, quality agreements or other liability for the purchased item. The liability for damages due to injury to health, body or life and grossly negligent and/or intentional injuries remains unaffected.
§ 12 Liability
12.1 We are only liable for damage other than injury to life, body and health of the contractual partner insofar as this is based on willful or grossly negligent acts or on culpable violation of an essential contractual obligation (cardinal obligations) by us or our representatives.
Any further liability for damages is excluded.
§ 13 Jurisdiction
13.1 This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
13.2 If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the contractual partner and the provider is the registered office of the provider.
13.3 The court in charge is in Erfurt, Thuringia.
§ 14 Other provisions
14.1 The contractual partner is not entitled to assign his claims from the contract.
§ 15 Confidentiality & data protection
15.1 The contract partner is hereby informed in accordance with § 33 Paragraph 1 of the Federal Data Protection Act and § 3 Paragraph 5 of the Teleservices Data Protection Act that Betterspace GmbH processes his address in machine-readable form and for tasks that result from the contract.
15.2 As far as Betterspace GmbH uses third parties to provide the services offered, Betterspace GmbH is entitled to disclose the contractual partner data if this is necessary to ensure the operation.
15.3 The company Betterspaced Gmbh guarantees that all persons who are commissioned by the company Betterspace GmbH to process the contract are aware of and respect the relevant data protection regulations in their currently valid version. The contractual partner is not authorized to provide himself or third parties with data or information that are not intended for him or the third party using Betterspace GmbH.
§ 16 Severability clause
Should one provision of these general business relationships be ineffective, the effectiveness of the remaining provisions will not be affected.
§ 17 Addition
The company Betterspace GmbH undertakes that, as a contractor / service provider, it complies with the applicable minimum wage law (MiLoG) and pays its employees the minimum wages mandatory by law.