A product of the Wice GmbH
General terms and conditions for the provision of the software Snazzy Contacts for use via the Internet
1 . General / Scope of application
a) These terms and conditions apply to all present and future business relations, in which we are liable for the transfer of the possibility to use the software “Snazzy Contacts” via the Internet as contractor, seller, supplier or in any other way (hereinafter jointly referred to as “Provider”).
b) Deviating, conflicting or supplementary general terms and conditions of the customer, are not part of the contract, unless their validity is determined by the Provider expressly agreed in writing.
2. Conclusion of Contract / Special Provisions
a) From the beginning of the contract, the Provider holds the following data on a server operated by the Software Snazzy Contacts in the version released by him as well as storage space to save the customer’s application data for use in accordance with the following provisions.
The customer has no claim to the provision of a specific server for his sole use. These can be used by a large number of customers at the same time.
b) After the initial order, the customer can create additional users himself.
c) The application data is backed up regularly. The customer is responsible for compliance with commercial and tax retention periods.
d) To access Snazzy Contacts, the customer requires an Internet connection as well as a current browser, e.g. Firefox, Safari or Chrome.
e) For customers who exclusively use a free client within the Snazzy Contacts Freemium model, the storage space is limited to 1,000 contacts.
4. Availability of Snazzy Contacts and access to application data, response and recovery times
a) The provider owes an availability of Snazzy Contacts and the application data at the transfer point (interface to the Internet of the computer centre in which the servers are held) of 99 % per contract year. The parties understand availability to mean the technical usability of the application and the
Application data at the transfer point for use by the customer.
b) The application and / or the application data are not available at:
(aa) Disturbances on the part of the Provider or its vicarious agents which are not to be provided by the Provider or its vicarious or the Internet required to run the application;
(bb) Disturbances or other events which are not (co-)caused by the Provider or one of its vicarious agents;
(cc) Planned unavailabilities for the purpose of server maintenance and / or application maintenance for low-utility Times Monday to Friday between 8 p.m. and 6 a.m. as well as weekends and national holidays.
5. Non-fulfilment of main performance obligations
a) If the Provider does not fully comply with the obligations incumbent upon it, the following provisions shall apply.
b) If the Provider defaults on the operational initial provision of Snazzy Contacts, the Provider shall be liable to the customer who is entitled to withdraw from the contract if the provider has set a two-week grace period in front of the customer and does not comply, i.e. does not provide the full agreed functionality of Snazzy Contacts for the first time within the grace period.
c) If the provider comes after operational provision of Snazzy Contacts and / or the application data to the agreed obligations in whole or in part and if the availability agreed in clause 4 for the use of the contract year, the agreed monthly flat rate for use shall be reduced proportionately for the period, in which the application and / or the application data are not provided to the customer to the extent agreed upon or the storage space was not available to the agreed extent. If the Provider has not fulfilled this obligation the customer may also claim damages in accordance with the provisions of this contract.
d) Is a use of Snazzy Contacts and / or the application data pursuant to lit c) not within a period of three working days after the Provider has gained knowledge of the defect, the Customer may independently of the reason for the non-fulfilment, but not if there is only force majeure, terminate the contractual relationship without notice.
e) The Provider must demonstrate that it has failed to identify the reason for the delayed provision or he ist not responsible for the loss of performance. If the Customer has not notified the Provider of the loss of performance, he shall be required to dispute to prove that the Provider has otherwise gained knowledge of it.
6. Customer’s rights of use to Snazzy Contacts, Provider’s rights in the event of violation of the rights of use
a) The customer receives to Snazzy Contacts simple (not sublicensable and not transferable), rights of use limited to the term of this agreement.
b) The Customer shall take the necessary precautions to ensure the use of Snazzy Contacts under Prevent unauthorized use of the customer’s user IDs and / or passwords. This data has to be protected by suitable and usual measures. The customer will inform the provider immediately if the suspicion exists that the access data and / or Passwords may have become known to unauthorized persons.
c) In case of misuse of the user IDs and / or passwords provided to him the customer bears the burden of proof that he is not responsible for this abuse.
d) The customer is responsible that Snazzy Contacts does not be used for illegal purposes.
e) The customer will have the option of Snazzy Contacts to send emails, faxes or mail only in compliance with legal requirements and in particular not to send so-called SPAM e-mail messages. A violation against this is considered as an important breach of contract, which entitles to a termination without notice.
f) If the customer violates the aforementioned regulations for reasons for which he is responsible, the Provider may block the customer’s access to the application or the application data, if the violation is caused by this and can be demonstrably turned off. If it is reasonable for the provider, he has to inform the customer under a reasonable time limit for the infringement to be remedied.
g) If the customer violates the above paragraph g), the Provider is entitled to terminate the contract and delete the affected data or application data immediately.
h) If the customer continues to violate or repeatedly violates in spite of corresponding written warning of the Provider the aforementioned regulations and if he is responsible for this, the Provider may terminate the contract without compliance with a period of notice.
i) If the customer is responsible for the breach of duty, the Provider may claim damages in accordance with the provisions of
of this contract.
a) The agreed remuneration shall be payable for each month of the contract period commenced from the date on which the contract becomes operational. It is started with the deployment of the application and then on the third last working day of the preceding month of the contract in question due in advance. If the customer has justifiably terminated the contract extraordinarily, the remuneration paid for future periods shall be repaid pro rata temporis.
b) The Provider is entitled to cancel the remuneration at any time with a period of notice of three calendar months. In this case, the customer shall be entitled, at the time of the effective date, to the price increase, which may be cancelled within four weeks of receipt of the notification. information about the price increase. This right of notice is exercised by the Provider to the customer together with each announcement.
8. Obligations of the customer
The customer is obligated,
a) not in programs, which are operated by the Provider, outside the usual use to interfere or to allow to interfere or in data networks of the. Unauthorized provider to invade or promote such intrusion;
b) to indemnify the Provider from claims of third parties based on an unlawful use of the information provided by the Provider of Snazzy Contacts through him or which are caused by the customer or the data protection, copyright or other legal disputes that are associated with the use of Snazzy Contacts;
(c) oblige its authorised users to comply with the provisions which apply to them to abide by this contract;
d) to obtain the necessary consent of the data subject in each case, insofar as he or she is able to use Snazzy Contacts collects, processes, or uses personal data and does not collect, use, or disclose any personally identifiable information about you or any permitted offence intervenes;
e) check data and information for viruses before sending them to the Provider with state-of-the-art virus protection programs;
f) immediately notify the Provider of defects in contractual services, in particular defects in Snazzy Contacts. If the Customer fails to notify Snazzy Contacts in due time for reasons for which he is responsible, this shall be deemed to constitute a contributory cause or contributory negligence. Insofar as the Provider is liable as a result of the omission or if the customer is unable to remedy the delay in notification, the customer shall not be entitled to cancel the agreed to reduce the remuneration in whole or in part, to demand compensation for the damage caused by the defect or to extraordinarily terminate the contract due to the defect without notice. The customer must demonstrate that he is not responsible for the failure to report the defect;
g) to secure its data stored in Snazzy Contacts in accordance with the meaning of the data and to use its own backup copies to allow the data and information to be reconstructed in the event of loss;
9. Liability and limits of liability
a) The parties shall hold each other in case of intent, gross negligence or injury of life, of the body or health for all of them and their legal representatives, or vicarious agents caused damage unlimited.
b) For the rest, one party shall only be liable if it has breached an essential contractual obligation. Such obligations shall be deemed to be material if the other party regularly requests the fulfilment of such obligations and which serve precisely to achieve the goals of this contract. In this respect the Liability shall be limited to the replacement of the foreseeable, typically occurring damage.
c) If the customer is an entrepreneur in the sense of § 14 BGB (German Civil Code), the strict liability of the liability of the Provider for damages (§ 536a BGB) for defects existing at conclusion of contract otherwise excluded.
d) Liability under the Product Liability Act remains unaffected.
10. Data security, data protection
The parties conclude a separate order processing contract for the services to be provided by the Provider.
11. Duration, termination
a) The contractual relationship begins with the conclusion of the contract and is concluded for an indefinite period of time.
b) The contractual relationship may be terminated by either party in compliance with the terms and conditions stipulated in the order. The agreed minimum term in writing or text form with the agreed period of notice.
c) Notwithstanding the above provision, the Provider may terminate the contract without notice, if the customer for two consecutive months with the payment of the charges or in a period, which extends over more than two months, with the payment of the remuneration in the amount of an amount, who is in arrears with payment for two months. In this case, the provider can also charge an additional immediately in the amount of 75 % of the amount due by the end of the the remaining monthly basic flat rate. We reserve the right to prove lower damages.
d) For customers who have Snazzy Contacts exclusively with one user free of charge via the Snazzy Contacts-Freemium model, the provider is to use an extraordinary notice of termination the client is entitled to a period of four weeks to the end of the month, if the client has provided the client with more than six months. The Provider is entitled to terminate the contract with the Client of the Customer after the termination with all contents. The Provider is entitled to terminate the contract with the Customer at any time possible cancellation and deletion of all data by e-mail. The customer must be accessible for the provider via the contact details provided during registration.
12. Obligations during and after termination of the contract
Upon termination of the contractual relationship, the Provider is obligated at the request of the customer, the application data stored by the customer in the data format of Snazzy Contacts to make the information available to the Commission. For this he is entitled to an expense-dependent remuneration according to the provider’s current hourly rates.
13. Final clauses
a) German law shall apply to the contractual relationship to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
b) There are no collateral provisions outside this contract and its appendices. Changes or Amendments to this contract and the appendices must be made in writing in order to be effective. This also applies to the waiver of the written form requirement.
c) Any invalidity of individual provisions of this contract shall not affect the validity of the remaining provisions and validity of the remaining content of the contract.
d) If the customer is a merchant, legal entity under public law or public law special assets, the place of jurisdiction for all disputes arising from this contract shall be the place of business of the provider competent court, unless an exclusive place of jurisdiction is given. The same shall apply if the customer does not have a general place of jurisdiction in Germany or has a domicile or habitual residence in Germany not known at the time the action is brought.