General Terms and Conditions (GTC)

I - General Terms and Conditions
The following General Terms and Conditions (GTC) apply to all business relationships between the customer and IT-Hafen - Adrian Seehawer, hereinafter referred to as "us/we". These GTC are part of all contracts concluded with the customer and also apply to future services and offers, even if they are not separately agreed upon again.
The GTC of the customer or third parties are not part of the contract and do not apply, even if we do not specifically object to these GTC.
We reserve the right to change our GTC, policies, and prices by prior notice via the email address provided or through notifications on the customer portal.
If the customer disagrees with the proposed changes, they have the right to object to the change within one month after being notified. If the objection is made within the deadline, we are entitled to terminate the contract with a one-month notice at the end of the calendar month.
Our employees and third parties authorized by them are not authorized to make verbal side agreements or give assurances.

II - Order and Contract Conclusion
By placing an order, the customer submits a binding order. We have the right to accept the contract offer from the order within 7 working days after receipt. The order confirmation does not yet constitute acceptance of the contract.
Our offers are non-binding and can be changed. Technical and other adjustments remain reserved within reasonable limits.
The customer confirms that the data they provided is accurate and complete. Any changes must be communicated in writing within 14 days, and appropriate evidence must be provided upon request.
Unless otherwise agreed, the contracts are concluded for an indefinite period.

III - Trial Phase
If a trial phase is specified in the order offer (e.g., "Try it now for 4 weeks. Free!"), the customer will receive the specified trial period upon the first use. During this phase, the customer can test the ordered versions/products in detail. No later than 13 months after the trial phase ends, the test data will be automatically and irrevocably deleted.

IV - Customer Portal and Digital Solutions (SaaS)
Through the customer portal, the registered customer can perform various activities online (manage orders, cancellations, returns, change addresses and payment methods, check account balance, download invoices, etc.).
Using the customer portal and digital solutions (SaaS) requires registration. The registration of a legal entity may only be performed by a legally authorized natural person, whose name must be provided. We may refuse to accept registrations if there is a valid reason, such as incorrect information or concerns that payment obligations will not be met.
The customer's access to the customer portal and/or digital solutions (SaaS) is password-protected via the internet. The customer is required to keep their access data and password confidential and protect them from misuse by third parties. In this regard, we emphasize that our employees are not authorized to request passwords by phone or in writing. When choosing a password, the general rules should be followed (length, complexity), and password changes can only be made online within the customer portal. The customer must immediately inform us if the access data or password is lost or if there is suspicion of misuse. We are entitled to block access to the customer portal and/or digital solutions (SaaS) in case of misuse. The customer is liable for misuse if it is attributable to them. The customer is responsible for the misuse if, at the time of a potentially abusive activity, two-factor authentication was not enabled for all users who have access to the Lexware Office account. In this case, the customer is not entitled to a refund and/or further claims for damages against us.

V - Payment Terms
We currently offer payment via direct debit and invoice. Invoices are due upon receipt, without any deduction. If direct debit is chosen as the payment method, we apply the SEPA direct debit procedure. We will inform you in advance about the direct debit, usually seven days before. Invoices and reminders are generated automatically and can be sent directly to the customer through the customer portal or via email. Fees for reminders and returned direct debits will be charged in case of delay.
The delivery is made at the applicable gross final price (net price plus statutory VAT). We expressly reserve the right to adjust the prices for versions/products annually in a reasonable manner, even for existing subscription/update services. This price adjustment right also applies in case of verifiable increases in production, shipping, and labor costs.
The customer is not entitled to withhold payments unless they are entitled to a statutory right of retention from the same contractual relationship. Offsetting is only allowed if the claim being offset is undisputed or legally determined. The customer is responsible for any costs arising from unauthorized returned direct debits.
In case of outstanding payments, we will send reminders via email, post, or phone and may initiate an collection procedure through a third-party debt collection service.

VI - Termination
The contract can be terminated by either party with one month's notice at the end of the calendar month without stating reasons. For our customers, different termination periods may apply depending on the service description. Termination can be done in writing via letter, email, or the customer portal.
Contracts with a minimum duration will automatically extend by the period specified in the contract unless terminated within the cancellation period.
The customer is entitled to the contractually agreed services until the end of the remaining term. Non-use or refusal of acceptance of deliveries and services does not constitute termination.
We reserve the right to terminate the contractual relationship without notice for an important reason, especially if the customer fails to meet payment obligations or violates significant contractual obligations. A blockage or immediate termination can also occur if the customer uses content that affects the normal operation or security of the infrastructure or the product.

VII - Retention of Title
The delivered goods remain our property until all outstanding claims from the business relationship are fully paid. The customer is required to handle the goods with care and insure them against fire, water, and theft at their own expense.
When delivering to resellers, the reseller is allowed to resell the goods in the ordinary course of business. The reseller hereby assigns all claims from the resale of the goods to us, in an amount equal to the invoice amount. The reseller is also authorized to collect the claims in their own name after the assignment.

VIII - Use of Services
The customer is responsible for ensuring compliance with the legal provisions arising from the use of the contracted services, especially the Telecommunications Act, Telemedia Act, as well as national and international commercial and intellectual property rights, personal rights, competition, and data protection laws. The customer indemnifies us from all third-party claims arising from violations of these obligations.
The customer agrees not to publish content that infringes the rights of third parties or otherwise violates applicable laws, including, but not limited to, pornography or obscene material, extremist content, gambling, material that could seriously harm the moral development of children or minors, or violate the rights of third parties (e.g., copyright, trademark, privacy). This includes the publication of defamatory content, insults, or disparagement of persons or groups of persons.

IX - Liability
The use of services is at the customer’s own risk. We are liable for damages caused by intentional or grossly negligent acts, but not for lost profits. For negligent breaches not caused by gross negligence or intent, we are liable for foreseeable damages typical for the contract, up to a maximum of 100% of the customer's monthly product fee.
If the customer violates the duties mentioned in section V, especially legal prohibitions and good morals, they are liable for compensating all resulting direct or indirect damages, including financial losses.

X - Warranty
For goods delivery, claims for defects are subject to a limitation period of 12 months after successful delivery.
If the service involves the delivery of used goods, we exclude any warranty for defects.
For claims for damages based on intent and gross negligence, as well as for violations of life, body, or health arising from intentional or negligent breach of duty, the statutory limitation period applies.

XI - Right of Withdrawal
The customer has the right to withdraw from this contract within 14 days after the conclusion of the contract without stating reasons. To exercise the right of withdrawal, the customer must inform IT-Hafen - Adrian Seehawer, Birklück 9, 24999 Wees, Germany, by email: support@it-hafen.de, via a clear statement (e.g., a letter sent by post, email, or via the customer portal) of their decision to withdraw from the contract.

XII - Dispute Resolution
The European Commission provides an online platform for out-of-court dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.

XIII - Final Provisions and Severability Clause
These General Terms and Conditions and the contractual relationship between us and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Sales Convention and international private law.
The exclusive, even international jurisdiction for all disputes arising from the contractual relationship is our place of business in Wees (Flensburg). However, we are entitled to sue at the customer's place of business. Mandatory legal provisions, especially those concerning exclusive jurisdiction, remain unaffected.
If any provision is or becomes invalid or unenforceable, the validity of the remaining provisions will not be affected. The same applies if a gap is identified in this contract. Instead of the invalid or unenforceable provision, an appropriate provision will apply that, to the extent legally possible, corresponds to the purpose of the invalid or unenforceable provision or the presumed intent of the parties, had they considered this point.