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.” The GTC form part of all contracts concluded with the Customer and also apply to future services and offers, even if they are not expressly agreed again.
The Customer’s or third parties’ GTC do not form part of the contract and shall not apply, even if we do not expressly object to them.
We reserve the right to amend our GTC, policies, and prices by prior notice to the e‑mail address on file and via notifications in the customer portal.
If the Customer does not agree with the intended amendments, they have the right to object in writing within one month of notification. If the objection is received in due time, we shall be entitled to terminate the contract in writing with one month’s notice to the end of a calendar month.
Our employees and any third parties appointed by us are not authorised to conclude any verbal side‑agreements or to make assurances.

II – Order and Conclusion of Contract
By placing an order, the Customer submits a binding offer. We have the right to accept that offer within 7 business days of receipt. A confirmation of order receipt does not yet constitute acceptance of the contract.
Our offers are non‑binding and may be amended. Technical or other adjustments are reserved within reasonable limits.
The Customer confirms that the data provided are correct and complete. Any changes must be notified to us in writing no later than 14 days thereafter, and supporting evidence must be provided upon request.
Unless otherwise agreed, contracts are concluded for an indefinite period.

II – Trial Phase
If a trial phase is specified in the order offer (e.g. “Try now for 4 weeks free!”), the Customer shall receive the indicated trial period upon first acquisition. During this period, the Customer may extensively test the ordered versions/products. No later than 13 months after the end of the trial phase, all test data will be deleted automatically and irrevocably.

III – Customer Portal and Digital Solutions (SaaS)
Via the customer portal, the registered Customer can perform all activities online (manage orders, cancellations or returns, change addresses and payment methods, check account balance, download invoices, etc.).
Use of the customer portal as well as the digital solutions (SaaS) requires registration. Registration of a legal entity may only be carried out by a duly authorised 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 reason to believe payment obligations will not be met.
The Customer’s access to the customer portal and/or the digital solutions (SaaS) is password‑protected and conducted over the Internet. The Customer is obliged to keep their login data and password secret and to protect them against misuse by third parties. In this context, we point out that our employees are not authorised to request passwords by telephone or in writing. When choosing a password, the generally known rules should be observed (length, complexity), and password changes may only be made online within the customer portal. The Customer must notify us immediately in the event of loss of login data or password or suspicion of misuse. Furthermore, we are entitled to block access to the customer portal and/or the digital solutions (SaaS) in the event of misuse. The Customer is liable for any misuse attributable to them. The Customer shall in any case be responsible for 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. A claim for reimbursement and/or further damages claims against us is excluded in such a case.

IV – Payment Terms
We currently offer payment by direct debit and by invoice. Invoices are payable without deduction upon due date, normally upon issuance. If payment by direct debit is chosen, we use the SEPA direct debit procedure. We will inform you of any SEPA debit with reasonable advance notice, usually seven days prior. Invoices and reminders are generated automatically and may be sent to the Customer via their customer portal or by e‑mail. Fees for reminders and returned direct debits will be charged in the event of default.
Delivery is made at the applicable gross final price (net price plus statutory VAT). We expressly reserve the right to adjust prices for versions/products, even under existing subscription/update services, on an annual basis in a reasonable manner. This right of price adjustment applies in particular in cases of demonstrably incurred increases in production, shipping, and labour costs.
The Customer is not entitled to withhold payments unless they have a statutory right of retention arising from the same contractual relationship. Set‑off is only permissible if the claim to be offset is undisputed or legally established. The Customer shall bear the costs of any unjustified returned direct debits.

V – Termination
The contract may be terminated by either party with one month’s notice to the end of a calendar month without stating reasons. For our Customers, different notice periods may apply depending on the service description. Termination may be effected in text form by letter, e‑mail, or via the customer portal.
Contracts with a minimum term shall automatically renew for the period specified in the contract unless terminated within the notice period.
Until the end of the contractual remaining term, the Customer is entitled to the contractually agreed services. Non‑use or refusal of acceptance of deliveries and services shall not constitute termination.
Furthermore, we reserve the right to terminate the contractual relationship without notice for good cause. Such good cause shall exist in particular if the Customer fails to fulfil their payment obligations or breaches essential contractual duties. Blocking or immediate termination may also occur if the Customer 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.

VI – Retention of Title
The delivered goods remain our property until full payment of all outstanding claims arising from the business relationship. The Customer is obliged to handle the goods with care and at their own expense to insure them adequately against fire, water, and theft damage.
In the case of deliveries to resellers, the reseller may 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 up to the amount of the invoice. The reseller remains authorised to collect the claims in their own name even after the assignment.

VII – Use of the Services
The Customer is obliged to independently check and comply with the legal provisions arising from the use of the contractually agreed services, in particular the Telecommunications Act, the Telemedia Act, as well as national and international commercial and intellectual property rights, personality rights, competition and data protection laws. The Customer indemnifies us against all claims by third parties arising from breaches of these obligations.
The Customer undertakes not to publish any content that infringes the rights of third parties or otherwise violates applicable law. This includes, but is not limited to, pornographic or obscene materials, extremist or morally offensive content, gambling, material likely to seriously harm the moral development of children or young people, or content infringing the rights of third parties (copyright, name, trademark, 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.

VIII – Liability
Use of the services is at the Customer’s own risk. We are liable for intent or gross negligence for indirect damages, but not for loss of profit. For culpable breaches that are not grossly negligent or intentional, we are liable for the typically foreseeable contract‑typical damage, up to a maximum of 100 % of the Customer’s monthly product fee.
If the Customer with their content violates the obligations named in section V, in particular legal prohibitions and good morals, they are liable to us for compensation 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.

IX – Warranty
If a service involves the delivery of goods, warranty claims 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 in the event of intent or gross negligence and for injury to life, body, or health based on an intentional or negligent breach of duty by the Client, the statutory limitation period applies.

X – Right of Withdrawal
The Customer has the right to withdraw from this contract within 14 days of conclusion without giving reasons. To exercise the right of withdrawal, the Customer must inform us, IT‑Hafen – Adrian Seehawer, Birklück 9, 24999 Wees, Germany, E‑mail: support@it‑hafen.de, by means of an unequivocal statement (e.g. a letter sent by post, 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.

XI – Dispute Resolution Procedure
The EU Commission provides a platform for out‑of‑court online dispute resolution (ODR platform) at https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

XII – Final Provisions and Severability Clause
These General Terms and Conditions and the contractual relationship between us and the Customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
The exclusive, also international, place of jurisdiction for all disputes arising from the contractual relationship is our registered office in Wees (Flensburg). However, we are entitled to bring an action at the Customer’s place of business. Mandatory statutory provisions, in particular on exclusive jurisdiction, remain unaffected.
Should any provision be or become wholly or partly invalid or unenforceable, this shall not affect the validity of the remaining provisions. The same applies if a gap should be found in the contract. In place of the invalid or unenforceable provision, a legally permissible provision shall apply that corresponds as closely as possible to the economic intent and purpose of the invalid or unenforceable provision or to the presumed intention of the parties.