General Terms and Conditions (GTC)

I -– General Terms and Conditions
The following General Terms and Conditions (GTC) apply to all business relationships between the customerCustomer and IT-IT‑Hafen -– Adrian Seehawer, hereinafter referred to as "“us/we".we.” TheseThe GTC areform part of all contracts concluded with the customerCustomer and also apply to future services and offers, even if they are not separatelyexpressly agreed upon again.
The GTC of the customerCustomer’s or third partiesparties’ areGTC do not form part of the contract and doshall not apply, even if we do not specificallyexpressly object to these GTC.them.
We reserve the right to changeamend our GTC, policies, and prices by prior notice viato the emaile‑mail address providedon orfile throughand via notifications onin the customer portal.
If the customerCustomer disagreesdoes not agree with the proposedintended changes,amendments, they have the right to object toin the changewriting within one month afterof being notified.notification. If the objection is madereceived withinin thedue deadline,time, we areshall be entitled to terminate the contract in writing with aone one-monthmonth’s notice atto the end of thea calendar month.
Our employees and any third parties authorizedappointed by themus are not authorizedauthorised to conclude any verbal side‑agreements or to make verbal side agreements or give assurances.

II -– Order and Conclusion of Contract Conclusion
By placing an order, the customerCustomer submits a binding order.offer. We have the right to accept the contractthat offer from the order within 7 workingbusiness days afterof receipt. TheA confirmation of order confirmationreceipt does not yet constitute acceptance of the contract.
Our offers are non-non‑binding and canmay be changed.amended. Technical andor other adjustments remainare reserved within reasonable limits.
The customerCustomer confirms that the data they provided isare accuratecorrect and complete. Any changes must be communicatednotified to us in writing withinno later than 14 days,days thereafter, and appropriatesupporting evidence must be provided upon request.
Unless otherwise agreed, the contracts are concluded for an indefinite period.

IIIII -– Trial Phase
If a trial phase is specified in the order offer (e.g., "“Try it now for 4 weeks.weeks Free!"free!”), the customerCustomer willshall receive the specifiedindicated trial period upon the first use.acquisition. During this phase,period, the customerCustomer canmay extensively test the ordered versions/products in detail.products. No later than 13 months after the end of the trial phasephase, ends, theall test data will be deleted automatically and irrevocably deleted.irrevocably.

IVIII -– Customer Portal and Digital Solutions (SaaS)
ThroughVia the customer portal, the registered customerCustomer can perform variousall activities online (manage orders, cancellations,cancellations or returns, change addresses and payment methods, check account balance, download invoices, etc.).
UsingUse of the customer portal andas well as the digital solutions (SaaS) requires registration. The registrationRegistration of a legal entity may only be performedcarried out by a legallyduly authorizedauthorised natural person, whose name must be provided. We may refuse to accept registrations for objective reasons, for example, if incorrect information has been provided or there is areason validto reason, such as incorrect information or concerns thatbelieve payment obligations will not be met.
The customer'Customer’s access to the customer portal and/or the digital solutions (SaaS) is password-password‑protected viaand conducted over the internet.Internet. The customerCustomer is requiredobliged to keep their accesslogin data and password confidentialsecret and to protect them fromagainst misuse by third parties. In this regard,context, we emphasizepoint out that our employees are not authorizedauthorised to request passwords by phonetelephone or in writing. When choosing a password, the generalgenerally known rules should be followedobserved (length, complexity), and password changes canmay only be made online within the customer portal. The customerCustomer must immediately informnotify us ifimmediately in the accessevent of loss of login data or password is lost or if there is suspicion of misuse. WeFurthermore, we are entitled to block access to the customer portal and/or the digital solutions (SaaS) in casethe event of misuse. The customerCustomer is liable for any misuse if it is attributable to them. The customerCustomer isshall in any case be responsible for the misuse if, at the time of a potentially abusive activity, two-two‑factor authentication was not enabled for all users who have access to the Lexware Office account. InA thisclaim case,for the customer is not entitled to a refundreimbursement and/or further damages claims for damages against us.us is excluded in such a case.

VIV -– Payment Terms
We currently offer payment viaby direct debit and by invoice. Invoices are duepayable without deduction upon receipt,due withoutdate, anynormally deduction.upon issuance. If payment by direct debit is chosen as the payment method,chosen, we applyuse the SEPA direct debit procedure. We will inform you inof any SEPA debit with reasonable advance about the direct debit,notice, usually seven days before.prior. Invoices and reminders are generated automatically and canmay be sent directly to the customerCustomer throughvia thetheir customer portal or viaby email.e‑mail. Fees for reminders and returned direct debits will be charged in casethe event of delay.default.
The deliveryDelivery is made at the applicable gross final price (net price plus statutory VAT). We expressly reserve the right to adjust the prices for versions/productsproducts, annuallyeven under existing subscription/update services, on an annual basis in a reasonable manner, even for existing subscription/update services.manner. This right of price adjustment right also applies in caseparticular in cases of verifiabledemonstrably incurred increases in production, shipping, and laborlabour costs.
The customerCustomer is not entitled to withhold payments unless they are entitled tohave a statutory right of retention arising from the same contractual relationship. OffsettingSet‑off is only allowedpermissible if the claim beingto be offset is undisputed or legally determined.established. The customerCustomer isshall responsiblebear forthe costs of any costs arising from unauthorizedunjustified 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.

VIV -– Termination
The contract canmay be terminated by either party with one month'month’s notice atto the end of thea calendar month without stating reasons. For our customers,Customers, different terminationnotice periods may apply depending on the service description. Termination canmay be doneeffected in writingtext viaform by letter, email,e‑mail, or via the customer portal.
Contracts with a minimum durationterm willshall automatically extendrenew byfor the period specified in the contract unless terminated within the cancellationnotice period.
TheUntil customerthe end of the contractual remaining term, the Customer is entitled to the contractually agreed servicesservices. until the end of the remaining term. Non-Non‑use or refusal of acceptance of deliveries and services doesshall not constitute termination.
WeFurthermore, we reserve the right to terminate the contractual relationship without notice for angood importantcause. reason,Such especiallygood cause shall exist in particular if the customerCustomer fails to meetfulfil their payment obligations or violatesbreaches significantessential contractual obligations.duties. A blockageBlocking or immediate termination canmay also occur if the customerCustomer uses content that adversely 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 consent is required. The transfer must be made in writing. We are obliged to verify the legitimacy of the transferor and the identity of the third party.

VIIVI -– Retention of Title
The delivered goods remain our property until full payment of all outstanding claims arising from the business relationship are fully paid.relationship. The customerCustomer is requiredobliged to handle the goods with care and at their own expense to insure them adequately against fire, water, and theft atdamage.
In theirthe owncase expense.
Whenof deliveringdeliveries to resellers, the reseller is allowed tomay resell the delivered goods in the ordinary course of business. The reseller hereby assigns all claims arising from the resale of the goods to us,us in an amount equalup to the invoiceamount amount.of the invoice. The reseller isremains also authorizedauthorised to collect the claims in their own name even after the assignment.

VIIIVII -– Use of the Services
The customerCustomer is responsibleobliged forto ensuringindependently compliancecheck and comply with the legal provisions arising from the use of the contractedcontractually agreed services, especiallyin particular the Telecommunications Act, the Telemedia Act, as well as national and international commercial and intellectual property rights, personalpersonality rights, competition,competition and data protection laws. The customerCustomer indemnifies us fromagainst all third-partyclaims claimsby third parties arising from violationsbreaches of these obligations.
The customerCustomer agreesundertakes not to publish any content that infringes the rights of third parties or otherwise violates applicable laws,law. including,This includes, but is not limited to, pornographypornographic or obscene material,materials, extremist or morally offensive content, gambling, material thatlikely couldto seriously harm the moral development of children or minors,young people, or violatecontent infringing the rights of third parties (e.g.,copyright, copyright,name, trademark, privacy)or data protection rights). This also includes the publication of defamatory content, insults, or disparagement of persons or groups of persons.
Upon becoming aware of unlawful activities, we are obliged under Art. 6(1) DSA (Digital Services Act) to require the immediate removal of the offending content and are entitled to block the Customer’s access.

IXVIII -– Liability
The useUse of the services is at the customer’Customer’s own risk. We are liable for damages caused by intentionalintent or grosslygross negligentnegligence acts,for indirect damages, but not for lostloss profits.of profit. For negligentculpable breaches that are not causedgrossly by gross negligencenegligent or intent,intentional, we are liable for the typically foreseeable damages contract‑typical for the contract,damage, up to a maximum of 100%100 % of the customer'Customer’s monthly product fee.
If the customerCustomer with their content violates the dutiesobligations mentionednamed in section V, especiallyin particular legal prohibitions and good morals, they are liable to us for compensatingcompensation of all resulting direct or indirect damages, including financial losses. Furthermore, the Customer undertakes to indemnify us against claims by third parties—regardless of legal grounds—resulting from actions by the Customer or persons designated by them. The indemnification obligation also includes all legal defence costs incurred.

XIX -– Warranty
ForIf goodsa delivery,service involves the delivery of goods, warranty 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 basedin onthe event of intent andor gross negligence,negligence as well asand for violationsinjury ofto life, body, or health arisingbased fromon an intentional or negligent breach of duty,duty by the Client, the statutory limitation period applies.

XIX -– Right of Withdrawal
The customerCustomer has the right to withdraw from this contract within 14 days after theof conclusion of the contract without statinggiving reasons. To exercise the right of withdrawal, the customerCustomer must inform IT-us, IT‑Hafen -– Adrian Seehawer, Birklück 9, 24999 Wees, Germany, E‑mail: support@it‑hafen.de, by email:means support@it-hafen.de,of viaan a clearunequivocal statement (e.g., a letter sent by post, email,e‑mail or via the customer portal) of their decision to withdraw from the contract.
Consequences of withdrawal:
If the Customer withdraws from this contract, we will reimburse all payments received from them, including delivery costs (except for additional costs resulting from the Customer’s choice of a different method of delivery than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive the notification of withdrawal. We will use the same means of payment for the reimbursement as the Customer used for the original transaction, unless otherwise agreed. Under no circumstances will the Customer be charged any fees for such reimbursement. If the withdrawn item is a service that has already begun, the corresponding proportionate amount is payable.

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

XIIIXII -– Final Provisions and Severability Clause
These General Terms and Conditions and the contractual relationship between us and the customerCustomer are governed by the lawslaw of the Federal Republic of Germany, excluding the UN SalesConvention Conventionon Contracts for the International Sale of Goods and international private law.
The exclusive, evenalso internationalinternational, place of jurisdiction for all disputes arising from the contractual relationship is our placeregistered of businessoffice in Wees (Flensburg). However, we are entitled to suebring an action at the customer'Customer’s place of business. Mandatory legalstatutory provisions, especiallyin thoseparticular concerningon exclusive jurisdiction, remain unaffected.
IfShould any provision isbe or becomesbecome wholly or partly invalid or unenforceable, this shall not affect the validity of the remaining provisions will not be affected.provisions. The same applies if a gap isshould identifiedbe found in thisthe contract. InsteadIn place of the invalid or unenforceable provision, ana appropriatelegally permissible provision willshall apply that,that corresponds as closely as possible to the extenteconomic legallyintent possible, corresponds to theand purpose of the invalid or unenforceable provision or to the presumed intentintention of the parties, had they considered this point.parties.