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.”we". TheThese 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 customer’sGTC of the customer or third parties’ GTCparties are not part of the contract and do not apply, even if we do not separatelyspecifically object to them.
GTC.
We reserve the right to change our GTC, policies, and prices by prior notificationnotice via the registered email address andprovided or through notifications inon the customer portal.
If the customer disagrees with the intendedproposed changes, they have the right to object to the changeschange within one month ofafter notification.being notified. If the objection is made within the deadline, we are entitled to terminate the contract in writing with onea month’sone-month notice at the end of the calendar month.
Our employees and third parties commissionedauthorized by them are not authorized to make verbal side agreements or give assurances.
II - Order and Contract Conclusion of Contract
By placing an order, the customer submits a binding order. We have the right to accept the contractualcontract 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 subjectcan tobe change.changed. Technical and other adjustments areremain reserved aswithin farreasonable as reasonable.
limits.
The customer confirms that the data they provided by them is correctaccurate and complete. TheyAny changes must notifybe us of any changescommunicated in writing within 14 daysdays, and provide correspondingappropriate evidence must be provided upon request.
Unless otherwise agreed, the contracts are concluded for an indefinite period.
III - TerminationTrial 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 aone month's notice period of one month toat the end of the calendar month without givingstating reasons. For our customers, different noticetermination periods may apply depending on the service description. Termination can be done in writing via letter, email, or through the customer portal.
Contracts with a minimum termduration will automatically extend forby the period specified in the contract unless terminated within the noticecancellation period beforehand.
Until the end of the contractual term, theperiod.
The customer is entitled to the contractually agreed services.
until the end of the remaining term. Non-use or refusal of deliveryacceptance of deliveries and services does not count asconstitute termination.
Additionally, we
We reserve the right to terminate the contractual relationship without notice for an important reason.reason, Such an important reason exists, in particular,especially if the customer fails to meet payment obligations or violates essentialsignificant contractual obligations. A suspensionblockage or immediate termination can also occur if the customer uses content that affects the normal operation or security of the infrastructure or the product.
If the customer intends to transfer their contractual rights and obligations to a third party, our approval is required. The transfer must be made in writing. We are obligated to verify the legitimacy of the transferor and the identity of the third party.
IVVII - Retention of Title
The delivered goods remain our property until all existingoutstanding claims from the business relationship have beenare fully paid. The customer is obligedrequired to handle the goods with care and insure them adequately against fire, water, and theft damage at their own cost.
When
For deliveriesdelivering to resellers, the reseller mayis allowed to resell the delivered goods in the ordinary course of business. The reseller hereby assigns all claims from the resale of the goods to us, in thean amount ofequal to the invoice amount to us.amount. The reseller remainsis also authorized to collect the claims in their own name even after the assignment.
VVIII - USEUse OFof SERVICES
Services
The customer is obligedresponsible tofor independentlyensuring check and complycompliance with the legal regulationsprovisions resultingarising from the use of the servicescontracted agreedservices, upon in the contract, particularlyespecially the Telecommunications Act, the Telemedia Act, as well as national and international commercial and intellectual property rights, personal rights, and the provisions of competitioncompetition, and data protection law.laws. TheyThe shallcustomer indemnifyindemnifies us from all third-party claims arising from violations of these obligations.
The customer agrees not to publish content that infringes third-partythe rights of third parties or otherwise violates applicable law.laws, This includes,including, but is not limited to, pornographicpornography or obscene materials,material, extremist or immoral content, gambling, material that iscould likelyseriously to severely endangerharm the moralsmoral development of children or adolescents,minors, or infringingviolate third-partythe rights of third parties (e.g., copyright, name, trademark, and data protection rights)privacy). It alsoThis includes the publication of defamatory content, insults, or disparagement of individualspersons or groups of people.persons.
If we become aware of illegal actions, we are required under Article 6(1) DSA (Digital Services Act) to promptly request the removal of the disputed content and are entitled to suspend the customer’s access.
VIIX - Liability
The use of services is at the customer’s own risk. We are liable for indirect damages onlycaused inby case of intentintentional or grossgrossly negligence,negligent acts, but not for lost profits. For negligent violations that arebreaches not grosslycaused negligentby gross negligence or intentional,intent, we are liable for foreseeable damages typical for the contract, up to a maximum of 100% of the customer’customer's monthly product rental fee.
If the customer’s contentcustomer violates the obligationsduties mentioned in section V, especially legal prohibitions and good morals, they are liable to us for compensating all resulting direct or indirect damages arising from this,damages, including financial losses. Furthermore, the customer agrees to indemnify us from third-party claims – regardless of the legal basis – resulting from their actions or those of their designated third parties. The indemnification obligation also includes all legal defense costs.
VIIX - Warranty
For goods delivery, theclaims warrantyfor defects are subject to a limitation period for defect claims isof 12 months after successful delivery.
If the service involves the delivery of used goods, we exclude any liabilitywarranty for defects.
For claims for damages duebased toon intent orand gross negligence, as well as infor casesviolations of injury to life, body, or health causedarising byfrom intentional or negligent breachesbreach of duty, the statutory limitation periodsperiod apply.applies.
VIIIXI - Right of Withdrawal
The
Youcustomer havehas the right to withdraw from this contract within 14 days after the conclusion of the contract is concluded without giving anystating reasons. To exercise yourthe right of withdrawal, youthe customer must inform us, IT-Hafen - Adrian Seehawer, Birklück 9, 24999 Wees, Germany, Email:by email: support@it-hafen.de,de, by means ofvia a clear statement (e.g., a letter sent by post, email, or via the customer portal) aboutof yourtheir decision to withdraw from thisthe contract.
Consequences of Withdrawal:
If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (except for additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us), without delay and no later than fourteen days from the day we receive the notification of your withdrawal. We will use the same means of payment that you used for the original transaction unless we have agreed otherwise. In no case will you incur fees for this reimbursement. If the withdrawn item is a service that has already begun at the time of withdrawal, the corresponding proportional amount must be paid.
IXXII - Dispute Resolution
The European Commission provides aan online platform for onlineout-of-court dispute resolution (OSODR platform), which can be accessed at https://ec.europa.eu/consumers/odr.odr. We are neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.
XXIII - 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 on Contracts for the International Sale of Goods and international private law.
The exclusive, includingeven international,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’customer's place of business. Mandatory statutorylegal provisions, particularlyespecially those onconcerning exclusive jurisdictions,jurisdiction, remain unaffected.
If any provision is wholly or partlybecomes invalid or unenforceable, the validity of the remaining provisions shallwill not be affected. The same applies if a gap is foundidentified in this contract. In placeInstead of the invalid or unenforceable provision, an appropriate regulationprovision shallwill apply,apply which,that, asto farthe asextent legally possible, corresponds to the intent and purpose of the invalid or unenforceable provision or the presumed intentionintent of the parties, had they considered this point.