Terms and conditions

see4service – General terms and conditions of trade (as of 8/2015)

I. Scope of application, contract partner

(1) For a business relationship between us (hereinafter “Provider” or “we”) and the customer, the following general terms and conditions of trade apply, particularly for licence agreements for see4service software for service providers (hereinafter “software”), which we offer on our website www.see4service.de. Terms and conditions of the Purchaser which deviate, contradict or supplement the same shall only apply if the Seller has expressly consented to such terms.

Our offer concerns the purchase of the software exclusively to businesses. Businesses in the sense of these general terms and conditions of trade are all natural or legal persons or partnerships with legal capacity who are acting in pursuit of their commercial or independent professional activities on concluding the contract. No contract will be concluded with consumers.

(2) The contract is concluded with:

Heinrich Heinz
Proprietor: Markus Saalmann
Borkener Damm 17a
D-48712 Gescher
Germany

Telephone: +49 (0) 2542 9562802
Fax: +49 (0) 2542 9562807
email: info@see4service.de

VAT identification number: DE 299604550

II. Product information

(1) The see4service software is offered exclusively as an internet-based service, i.e. the customer can access the software from any computer with internet connection via a password-protected website. He will not receive either a data medium, nor must he download the software onto his computer. Currently, access to the software is only possible via the Google Chrome browser. Should the customer want to use the software on his tablet, he additionally requires the service provider App (hereinafter “see4service-customer-app”), which he can download free of charge from an App Store (Apple App Store or Google Play Store). The customer is responsible for ensuring his devices are connected to the Internet.

(2) We do not run the software on our own server but host this with a service provider. We guarantee a 97% availability of the software over the period of one year. This does not include times in which the software or server is unable to be accessed due to scheduled maintenance. Unless there are compelling reasons to do otherwise, unscheduled maintenance will be planned outside normal business hours (Monday to Saturday from 9am to 6pm).

(3) The customer is able to save the complete video as filmed during a video support request and/or sequences of this video as screenshots on his device. The customer should first clear with the service recipient if he is in agreement with the video and/or screenshots being saved. In this respect, we would like to draw your attention to the risk of criminal liability in accordance with §§ 201, 201a StGB.

III. Extent of the licence

(1) Upon complete payment of the relevant licence fee, we grant the customer, for the duration of the contractual period, a non-exclusive, non-sub-licensable and non-transferable right to use the software and the see4service-customer-app to the extent described in the general terms and conditions of trade. It is not permitted to transfer or resell the software licence to third parties, in particular by transferring login details. The software licence also includes the customer listing in the company list within the see4service service recipient app (hereinafter “see4service-app”)

(2) A licence can be used on an unlimited number of computers and tablets. It is not limited to a particular number of devices. However, should the customer want to use the software simultaneously on several computers and/or tablets, for example to work on several video support requests at one time, he will require the appropriate amount of licences.

(3) The customer may not rework, change, duplicate or decompile the software or the see4service-customer-app, unless permitted to do so according to §§ 69d, 69e UrhG

(4) The customer must take precautions against unauthorized access by third parties to the software and to the see4service-customer-app. He is responsible for the confidentiality of his access data

IV. Ordering process, concluding the contract and activation

(1) The customer can take out a licence for our software in our web shop at www.see4service.de.
To do this, the customer selects the required number of licences, adds them to the basket by clicking the relevant button and proceeds to “checkout”. On his first order, the customer must create a customer account with us and in doing so must enter the data required to complete the order (company name, customer name, company address, email address, password). Should the customer already have an account for our web shop, only his email address and password are required.

(2) Before finalising the order, a summary of the order appears (number of licences to be purchased, total price, invoice address, payment type etc.), enabling the customer to check and correct his details again before confirming the order. The order can only be completed once the customer has checked the box confirming that he accepts our general terms and conditions of trade. The customer places a legally binding offer, concluding the licence contract by selecting the “Pay now” button.

(3) Once we have received the order, the customer will receive an email from us confirming receipt of his order and detailed listing (“order confirmation”). Attached to the order confirmation is the invoice with our account details. The order confirmation represents our acceptance of the contractual agreement; it also contains a link to the general terms and conditions of trade. We do not save the contractual text. Should the customer require the details of his order in printed form, he can print the contract and the general terms and conditions of trade. Contracts are concluded in German.

(4) After payment has been received, the customer receives an email confirming receipt of payment and listing a link to his customer account. Once registered, the customer can then go to “my orders” and select the button “configure app” to enter all the information that should appear listed in his company profile in the see4service-app. These are: company name, contact person, company address and telephone number. In addition, a short description of the company or the service provided can be entered and a photo/logo uploaded. The customer must ensure that the content uploaded for the company profile does not infringe the rights of third parties nor violate moral / legal standards. He must ensure in particular, that he has the required rights to publish the photos/logos. The company profile will normally be activated in the see4service-app within 1 to 12 hours. In addition, the customer has to specify his login details (email address and password) in order to be able to access the software. We recommend defining different passwords for the web shop and the software. Our website works with password encryption, meaning we have no access to our customers’ passwords. Furthermore, the email contains a link to our web-based software. The customer can log on here with his specified login details (email address and password) and use the software.

V. Contract duration and termination
(1) The licence contract is valid for a period of one year and will automatically be renewed for a further year unless the customer gives written notice of termination at least one month prior to the end of the respective contract year. If the user has purchased several licences, it is possible if required, to terminate single licences. The number of licences to be terminated must be given in the written notice. The Provider is only able to terminate the contract at the end of the third contractual year. We must also give one month’s notice to the end of the respective contractual year. Notice of termination must be given in writing.

(2) On termination of the contract, the customer’s company profile will be deleted from the see4service-app. All data/content included in the company profile will be deleted from the Provider’s system unless the Provider is legally bound to comply with legal archiving requirements regarding the data. Furthermore, the customer’s access to the software shall be blocked.

VI. Prices, terms of payment and default of payment

(1) For the cost of the licence for the first year as well as for subsequent years, please refer to the information on our website or on your order confirmation. All prices are quoted net of the statutory value-added tax. The customer is obligated to make advance payment.

(2) The price of the licence for the first year is due and payable immediately upon receipt of the invoice sent with the order confirmation. The customer is deemed to be in arrears if payment is not made 14 days after the invoice is received. Default interest will be charged at the rate of nine per cent above the relevant base interest rate, § 288 Abs. 2 BGB. Following methods of payment are possible: prepayment (bank transfer), PayPal and credit cards (MasterCard, Visa).

(3) 14 days before the current contractual year expires, an invoice will be sent via email to the customer for the subsequent year. The price of the license will be due on receiving the invoice. The customer is deemed to be in arrears if payment is not made 14 days after the invoice is received. Default interest will be charged at the rate of nine per cent above the relevant base interest rate, § 288 Abs. 2 BGB. Following methods of payment are possible: prepayment (bank transfer) and PayPal. Should the customer want to pay via PayPal, he must click on the appropriate link in the email to take him to the PayPal page. Credit card payment is not available.

(4) If the customer is in default of payment for a subsequent year, we reserve the right to remove the listing of his company profile in the see4service-app for the duration of the delay and so assert our right of retention.

VII. Guarantee/Warrantee

(1) Any strict liability of the Provider is excluded for defects or deficiencies in the software and the see4service-app that were already present at the time the contract was concluded.

(2) Additional information can be found in § 377 of the HGB.

(3) The Provider must be informed, without delay, of defects and unscheduled restrictions in the availability of the software and defects in the see4service-customer-app. The Provider will fix (or have fixed) defects and unscheduled restrictions in the availability without delay.

VIII. Liability

(1) The Provider shall be liable without restriction for intent or gross negligence. In case of fatal and physical injury or health risk and in accordance with the product liability laws, the Provider assumes unlimited liability regardless of the degree of negligence.

(2) In the case of a negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), the liability of the Provider shall be limited in amount to the damages that are foreseeable and typical. Here, the notion of an essential contractual obligation refers to such obligations of which the fulfilment enables the proper execution of the contract at all and where the customer may ordinarily depend on said fulfilment.

(3) A more extensive obligation or liability of the Provider shall not exist. In particular, no liability exists for initial defects, if the conditions in paragraphs 2 and 3 are not met.

(4) The above limitation of liability also applies to the personal liability of employees, institutions and representatives of the Provider.

(5) The customer is responsible for the content entered in his company profile (company description, photos/logos etc.). The Provider accepts no responsibility for this content. The Provider is not obliged to examine this content to ensure it is correct and does not contain any illegal or immoral content. Insofar as these pages contain legal infringements or violate the rights of third parties, the customer indemnifies the Provider against all claims by third parties and shall bear all costs incurred including the reasonable costs of legal defence.

IX. Final clauses

(1) All contracts between the Provider and the customer are based on German law under exclusion of the UN Convention on Contracts for International Sale.

(2) The exclusive competent court of jurisdiction for all disputes arising out of or in connection with these licence conditions between the Provider and the customer is the registered office of the Provider.

(3) The ineffectiveness of individual provisions of these general terms and conditions of trade shall not affect the effectiveness of the other provisions. In this event, the parties undertake to replace the invalid provision with a valid provision that most closely approximates the economic intent of the invalid provision.