General terms and conditions of Tschaus Flinki GbR
§1 General
1) If the contract is concluded, the contract comes with:
Tschaus Flinki GbR
Anna Tschaus, Matvey Flinki
Untere Reihe 8d
D-30453 Hanover
USD ID No: DE342086112
conditions.
2) The presentation of the products on our website does not constitute a legally binding contract offer on our part, but is only a non-binding invitation to the customer to order the product / service. By ordering the desired goods, the customer makes a binding offer to conclude a purchase contract.
3) When an order is received, the following rules apply: The customer submits a binding contract offer by successfully completing the order procedure provided on our website.
4) The following conditions apply exclusively to all deliveries and services from this contractual relationship. Conditions and conditions of the customer are non-binding even if Tschaus Flinki GbR does not expressly contradict them.
5) Tschaus Flinki GbR reserves the right to change or amend these conditions at the end of each accounting period. Tschaus Flinki GbR will inform the customer of the change by expressly mentioning it on the invoice form or in the JoMa-FT system. The customer is deemed to have given consent to the changed conditions if he does not object to them immediately, but at the latest within 2 weeks. In the case of unconditional payment of the invoice, consent is deemed to have been given.
6) Declarations to the contract, additions and amendments to the contract must be in text form to be effective; an informal letter is also sufficient. If the parties agree that a third party should be authorized to use the JoMa-FT system, the other party grants this user a power of attorney in text form, an informal letter is also sufficient.
§ 2 usage rights
1) Tschaus Flinki GbR provides the customer with a right to use a user platform (hereinafter: ID number) for a periodic fee. The scope of the ID number depends on the individual agreement.
2) Tschaus Flinki GbR can provide the customer with access to this platform (hereinafter: JoMa-FT System) software, a combination of username and password, via web login. The JoMa-FT system is operated using servers connected to the Internet, which can only be accessed via an online connection.
3) Exceptions are times when the servers used by Tschaus Flinki GbR cannot be reached due to technical or other reasons that cannot be influenced by Tschaus Flinki GbR, or when Tschaus Flinki GbR undertakes maintenance work on the servers to maintain the contractual performance State-of-the-art access problems may be unavoidable. Tschaus Flinki GbR will carry out predictable maintenance work and upgrades on weekdays if possible before 6 a.m. or after 9 p.m. and all day on weekends.
4) Download and installation of software are not part of the service provided by Tschaus Flinki GbR, but are carried out independently and independently by the customer. If access authorization is granted via an online registration with a user name and password or, for example, a web login, Tschaus Flinki GbR reserves the right to make certain requirements regarding the composition of a password or to use local security features, such as existing authentication techniques for the operating system of the customer device .
5) Selection, procurement and use of necessary hardware and software and remote data connections are carried out exclusively by the customer and at his risk.
6) Tschaus Flinki GbR is entitled to make changes to these as part of the further development and optimization of their products, provided that this does not restrict the essential performance features.
7) Tschaus Flinki GbR can send the user notifications about offers, received notifications or transactions via the JoMa-FT system. Tschaus Flinki GbR reserves the right to limit the number, display time and storage of such messages.
§ 3 usage rights
1) The right of use granted with this contract only applies to the individually agreed extent. The right of use of the JoMa-FT system is not transferable to third parties or other branches or legal entities.
2) The right of use only applies to the input and query of trade-specific data in the ordinary course of business. All information must be provided truthfully and must be proven to Tschaus Flinki GbR upon request. Obsolete or collected data must be deleted, provided there are no statutory retention requirements.
Use for the following purposes or content is not permitted:
1. a) Unwanted messages, such as Spam, bulk inquiries, general advertisements and offers.
- b) Illegal purposes, false information, deceptions or misleading.
- c) violation of rights such as Personal rights, intellectual property or the privacy of third parties.
- d) Creation of data collections, in particular those that enable the creation of a profile of another user.
- e) Entering program codes that affect the functionality of a device or this software.
- f) Content that Tschaus Flinki GbR (JoMa-FT) or third parties, such as hindering, harassing or harming other users, e.g. through boycott calls, chain letters, stalking, threats, insults, defamation, discrimination, expressions of hatred, business damage, expressions of a sexual nature, depictions of brutality, violence or nudity.
- g) Content that violates applicable law or morality or that the user is not authorized to transmit.
3) The data provided by the JoMa-FT system may only be extracted using the existing export or print function. Automation of the use of the JoMa-FT system, be it through an interface, third-party software, bots, scripts or other aids that deviate from the standard of commercial browsers, requires the written consent of Tschaus Flinki GbR.
All offers from Tschaus Flinki GbR that allow unlimited use at a fixed price are subject to the fair use principle. With this principle Tschaus Flinki GbR wants to get a fair and high quality user experience for all customers. Therefore, Tschaus Flinki GbR reserves the right to take appropriate measures to limit the right of use of a customer if the customer uses the resources of Tschaus Flinki GbR through his individual usage behavior in a way that does not justly distribute the available server capacity, bandwidth or storage capacity only negligibly affected. Such restrictions can occur e.g. B. in the limitation of the number of queries or transactions per minute based on a license or limitation of the storage space.
4) Tschaus Flinki GbR reserves the right to interrupt a user’s connection to the JoMa-FT system and to delete data if this prevents or ends a violation of applicable law or common decency. The same applies if the existence of the software, an application or the JoMa-FT system is technically endangered by the customer.
5) If the customer does not meet a contractual obligation, Tschaus Flinki GbR is released from its obligation to perform (“blocking”), but retains the right to the consideration for a reasonable grace period of a maximum of 2 weeks.
6) For each case of culpable breach of contract, the customer must pay a contractual penalty in the amount of the fee for twelve months. The customer reserves the right to prove less damage.
§ 4 User fee
1) The usage fee is due in advance at the beginning of the usage period and should be received by Tschaus Flinki GbR by the third working day of the respective period at the latest. Invoices for additional services provided by Tschaus Flinki GbR are due immediately. Payment costs are all borne by the customer with the exception of the statutory regulation for SEPA payments. Unless expressly agreed otherwise, Tschaus Flinki GbR is entitled to create and transmit invoices electronically. If the customer does not provide a suitable email receiving address for this or if the customer requests a documented invoice on paper, the resulting additional work will be charged.
2) A right of the user to offset or withhold his services due to counterclaims is excluded, unless for undisputed or legally binding counterclaims.
3) If Tschaus Flinki GbR has granted a customer a discount due to advance payment of the license fees for a certain billing period, then this discount does not apply retrospectively for the contract or part of the contract if it ends before the expiry of this period by ordinary termination of the customer. The same applies if Tschaus Flinki GbR gives notice of termination for good cause.
4) Tschaus Flinki GbR is entitled to increase the price of the agreed license appropriately annually, unless an express price guarantee has been agreed for the respective period. Tschaus Flinki GbR will announce the price increase in text form with a notice period of at least 4 weeks. If the price increase is more than 5% in relation to the calendar period of the previous year, the customer has a special right of termination of 14 days from the time from which the increased price applies. The cancellation of a discount or the expiry of a temporary special agreement is not a price increase within the meaning of this clause. If Tschaus Flinki GbR does not exercise the right to a price increase one or more times, there is no waiver of the right as such. A prepayment does not guarantee a price for the prepaid period.
§ 5 Warranty and liability
1) Tschaus Flinki GbR only guarantees that the JoMa-FT system is suitable for use in the agreed scope. Tschaus Flinki GbR assumes no further liability. In particular, Tschaus Flinki GbR assumes no liability for the topicality, correctness and completeness of the data provided by the other customers as well as for the compatibility of the JoMa-FT system with the customer’s IT environment or with remote data connections used.
2) Tschaus Flinki GbR is not liable for damages that different customers cause to each other, be it through loss or transmission errors of data or in any other way. Tschaus Flinki GbR is not liable for harmful software or program codes (viruses, Trojans, worms etc.) that are transferred by customers via the JoMa-FT system or are transmitted in their documents, offer attachments or descriptions and are distributed from there. The customer is directly responsible for not transmitting such harmful software.
3) Tschaus Flinki GbR is neither a contractual partner nor an agent of a contract concluded with the help of the JoMa-FT system or a messenger of a declaration relevant to this. Tschaus Flinki GbR therefore in no way guarantees the proper processing of the agreed contracts between the customers or the achievement of economic success. The customer undertakes his own duty of care to ensure that the data and information provided by third parties is correct. Customer messages sent or displayed via the JoMa-FT system do not represent statements or opinions from Tschaus Flinki GbR, nor does Tschaus Flinki GbR agree to them or endorse them. Tschaus Flinki GbR does not guarantee that a message or notification sent via the JoMa-FT system reaches its destination or is received and read by the addressed customer. Likewise, there is no guarantee that the person specified as the sender or recipient of a message or notification will actually match the sender or recipient.
4) The user releases Tschaus Flinki GbR from all liabilities arising from the fact that the customer does not use the JoMa-FT system as intended in accordance with this contract. Tschaus Flinki GbR mutatis mutandis the same agreements with other customers and, if necessary (after priority satisfaction of Tschaus Flinki GbR’s own claims for damages), assigns any existing claims for damages against other customers to cover damage to the customer.
5) The risk of not or incorrectly transmitting the data passes to the customer as soon as the data has left Tschaus Flinki GbR’s sphere of influence.
§ 6 claim
1) If Tschaus Flinki GbR receives information about a customer according to which the user has culpably violated his obligations under a freight contract, this contract or other applicable law (hereinafter: complaint), Tschaus Flinki GbR is entitled, but not obliged, to resolve these complaints with or to be forwarded to the customer concerned without naming the complainant or, after hearing and reviewing it, to other customers.
2) The customer against whom the complaint is directed (hereinafter referred to as the party concerned) is obliged to provide a written statement to Tschaus Flinki GbR immediately and at the latest within one week after receipt of the notification of the complaint and to remedy the complaint, but at least justify its longer time required for the statement.
3) The rights from the preceding paragraphs 2 and 3 in connection with the right to block or cancel exist solely in the interest of Tschaus Flinki GbR. If Tschaus Flinki GbR does not make use of this, liability towards the other customers is excluded.
4) Tschaus Flinki GbR is not obliged to examine complaints it receives.
§ 7 Extraordinary termination, general provisions
1) Each party is entitled to extraordinary termination of this contract without notice if there is an important reason. An important reason for an extraordinary termination by Tschaus Flinki GbR exists in particular if:
- a) the customer becomes insolvent or threatens to become insolvent,
- b) the opening of insolvency proceedings against the customer’s assets was refused due to lack of assets or the customer has to take an affidavit,
- c) the customer culpably violates provisions of these conditions that jeopardize the achievement of the purpose of the contract
- d) the customer is in arrears with an amount corresponding to a usage fee for a month for a period longer than 14 calendar days, or
- e) the user, his legal representative or affiliated companies competes with Tschaus Flinki GbR.
2) The right of use applies from the activation by Tschaus Flinki GbR and ends at the same time as the contractual relationship.
3) If Tschaus Flinki GbR delivers translations of this contract or for parts of the contract to the user, the German language version remains authoritative and legally binding if there are contradictions or deviations from the German language version in the respective translation.
4) Should individual provisions of these conditions be ineffective, the validity of the remaining provisions will not be affected. Instead of the ineffective provision, the effective provision that comes as close as possible to the purpose of the ineffective provision is deemed to be agreed.
§ 8 data protection
1) The user agrees that Tschaus Flinki GbR processes the customer’s technical data for the purpose of identifying and assigning them, the security of the data and to improve data transmission. Depending on the end device, this may include anonymous data such as the operating system used, screen resolution, browser, processor ID and speed and physical memory, as well as data that may be personally related, such as IP and MAC address, device ID, domain -DNS, installation path, user identification, language setting, cookies and telematics data.
Tschaus Flinki GbR processes personal data when setting up and using the JoMa-FT system by the customer, such as B. the name of the customer, title, email address, contact details, assignment to a user company and specified language skills, inputs, messages, as well as information that a customer himself makes available to third parties in his profile or use of the application options of the JoMa-FT system.
2) The customer agrees that Tschaus Flinki GbR processes the customer’s business data for the purpose of concluding and executing the contract, and obtains information about the customer from well-known credit agencies.
The customer’s personal data may also be transferred to third parties in cases of legal provisions, enforceable administrative or judicial orders, as well as to prevent or combat criminal offenses or violations of these license provisions.
3) The customer has the right to free information about his stored personal data and a right to correction and deletion from Tschaus Flinki GbR at any time.
4) Tschaus Flinki GbR points out that according to § 31 Federal Data Protection Act (BDSG) data about the non-contractual processing of due claims from contractual relationships will be transmitted to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, insofar as the contractual relationship underlying the claim is due of payment arrears can be terminated without notice and the service owed, despite being due, was not compensated for within the payment period communicated to you. For more information about SCHUFA, visit www.meineSCHUFA.de.