AGB EN

1.2 By paying the agreed remuneration, the service user shall, during the term of the contract, obtain the right to use the program functions and services provided online by Mavorest GmbH in accordance with the contractual agreement and to store data on Mavorest’s GmbH computer systems using this software and to perform data processing operations and generate data processing results using this data using the program

1.3 The service user receives the simple, non-transferable right to use the contract software online in the contractually agreed scope and on the contractually agreed number of workstation computers for the duration of the contract term. It does not involve any transfer of other or other rights to own or use the Contract Software or the Services.

1.3.1 Any permanent storage, reproduction, modification and/or disassembly of the software or parts thereof is prohibited. Temporary storage and reproduction required by the system for regular, intended online use at the lifetime of the program remain unaffected.

1.3.2 If the service user receives a data carrier with a data backup at the end of the contract or upon request, he or she is only authorized to transfer the movement or application data contained therein to other systems if necessary. If, for technical reasons, binary or program data, configuration data or similar are contained on it, their storage, reproduction, use, execution or any other handling of this data is prohibited.

1.4 The use of the services for purposes other than computerized property and building management is prohibited. In particular, the use of the Services to store unlawful, illegal or other extraneous data is inadmissible.

1.5 The right to use the Services may be transferred by the Service User to a third party for exercise with the written consent of the Service Provider. Consent shall determine the nature, duration and extent of the transfer for exercise. However, the original service user remains the responsible contractual partner. In particular, the service user is responsible for the fulfillment of the obligations arising from this contract or arranges for their fulfillment by the third party.

 

2. Contract conclusion

2.1 Mavorest GmbH’s offers remain free. Technical and other changes are reserved within reason.

2.2 By placing the order, the service user makes a binding declaration of his contract offer. Mavorest GmbH will immediately confirm the access of the service user’s order. Confirmation of access does not yet constitute binding acceptance of the order. Confirmation of access may be linked to the declaration of acceptance.

2.3 Mavorest GmbH is entitled to accept the contract offer contained in the order within three working days of receipt or to refuse acceptance of the order – for example after checking the customer’s creditworthiness.

2.4 Information or predictions from the service provider regarding the scope and effort of any necessary adaptation work and the start of real operation are non-binding guidelines and estimates based on a normally expected implementation process. They do not constitute binding cost commitments and/or binding, fixed date commitments.

 

3. Duration of contract, termination, remuneration

3.1 The contract lasts one year. It begins with the conclusion of the contract. The contract shall be automatically renewed for a further contract period in each case, unless the service user terminates the contract in writing at least one month before the end of the current contract period. The service provider is also entitled to such a right of termination one month before the end of the current contract period.

3.2 After the contract has ended, the service user no longer has access to the service. The service user has the option to order a backup DVD with his data within 30 days of the termination of the contract. The entire data collection of the service user will be irretrievably deleted from the memories of Mavorest GmbH 30 days after the end of the contract.

3.3 The right to extraordinary termination for cause remains unaffected by either party. If the service user is responsible for these, he shall bear prorata the remuneration for the services that must still be provided from the end of the contract.

3.4 The service user pays remuneration for the services on the basis of the then valid price table of Mavorest GmbH

3.4.1 Mavorest GmbH is entitled to adjust the remuneration for the start of a new contract period by declaring it to the service user. It will announce the adjustment in sufficient time for the service user to exercise his right of termination in good time before the start of the new contract period.

3.4.2 Mavorest GmbH is also entitled to adjust the remuneration during the term of the contract by unilateral declaration to a level appropriate to equity if the price index for the living conditions of all private households in Germany determined by the Federal Statistical Office has increased by more than 15% compared to the index value at the beginning of the contract or the last previous adjustment of the remuneration.

 

4. Cooperation between the contracting parties, customer cooperation services, third-party data import

4.1 Contact person
The service user appoints a contact person for Mavorest GmbH in his company. On the service user side, this is
Mr/Ms:
Mr/Ms (Deputy):
The declarations and specifications of this contact person are binding for the implementation of the contract.

4.2 participation
The service user is obliged to cooperate to any extent necessary, in particular, if necessary, to the following cooperation services:

• Provision of all necessary data, documents and information and, if applicable, test cases and test data
  Provision of staff and working time/power

4.3 Call for participation

The timely and full provision of participation services is a matter for the service user. If the service user defaults on his or her duties, a planned date for the start of real operation will be delayed. As long as such cooperation by the service user is outstanding, the service provider will not default on its services.

4.4 Data conversion/data acquisition
If the transfer/conversion of the customer’s old data from external systems to the new system is to take place as an ancillary service, the service user will make the following available to the service provider at or shortly after the contract is concluded:

• a detailed documented description of the originally existing data format
• a sufficiently representative number of real data or, as far as possible, the entire data set

4.4.1 Before handing over the data for acquisition/conversion, the customer must verify and clean it up on his own responsibility through inspection routines. If necessary, the customer may be responsible for manually ensuring that the data is not inconsistent, incorrect, unsuitable or similar by carefully reviewing the old data set as comprehensively as possible. The data must then be made available for adoption in the formats specified by the service provider, field assignments, etc.

4.4.2 When transferring/converting legacy data, a rejection or error rate of up to 20% of the data records/data volume is not excluded, even if the legacy data complies with the service provider’s technical specifications. The new data set, which is within this quota, corresponds to the usual nature and is not deficient. Data errors and corrupt data that were already present in the old inventory are not taken into account.

4.4.3 Any changes made by the Customer to the Software that require unrestricted administrator rights shall be the responsibility of the Customer itself and shall bear all resulting costs.

5. Datensicherung, Haftung für Datenverlust

5.1 Mavorest GmbH carries out its own data backups of the data stored in your data center in accordance with your product and service description. In addition, the service user has extensive options for creating their own local backups of this data. The service user is obliged to create his own local data backups of the data stored by the service provider at sufficient, regular intervals and to keep them loss-proof. The time intervals must be calculated in such a way that an up-to-date database is always secured.

5.2 The service user is obliged to properly carry out the data backups of his computer system that meet the general requirements for the operational security of computer systems and correspond to the state of the art. In particular, before carrying out any work on setting up, configuring and maintaining the contract software or other related settings/work on the service user’s workstation computers, the service user must ensure that these computers and all computers connected to them in their LAN –in particular servers, routers or similar– are properly backed up.

5.2 Subject to the liability rules in paragraph 10 of these provisions, Mavorest GmbH’s liability in the event of data loss is limited to the expenses and costs incurred by the service user in recording and restoring the last ones in accordance with paragraph 10. 5.1 and 5.2 created data backup requires.

 

6. Availability of services, force majeure

6.1 The operating hours of the data center or backup data center of Mavorest GmbH are 24 hours on 7 days of the week. The service is temporarily unavailable for maintenance or similar system-related procedures. These are performed at night and on weekends whenever possible and are announced to the customer. The unavailability of the services is irrelevant as long as they, excluding the above-mentioned Maintenance work, not less than an average of 99% achieved per year.

6.2 The availability/accessibility of services on the Internet is as follows:

• The service provider is not responsible for non-accessibility of the service that is due to disruption of the provider and/or network access of the service user or to general disruptions of the Internet, e.g. in the area of international, national and regional connection structures, such as network structures, network nodes, backbones, dial-up points and/or administrative structures, such as root servers, DNS servers, etc.
• The inaccessibility of the service, which is due to a disruption of the connection of the service provider’s data center to the Internet, is irrelevant insofar as an annual accessibility of 99% of the services is not exceeded.

6.3 In cases of force majeure, such as natural disasters, war, riots, sabotage and unforeseeable and unavoidable serious operational disruptions at the service provider, both parties will be released from their obligation to perform. If this disruption cannot be eliminated within 2 weeks, either party may withdraw from the contract.

 

7. Warranty

7.1 Mavorest GmbH guarantees that the software left for online use does not contain any errors that exclude or significantly impair its use for the purpose provided for in the contract. It should be taken into account that, according to technical judgment, software cannot generally be created without errors. The fundamental presence of errors in the software therefore does not constitute a deviation of the contract software from the average type and quality of such products due to defects. Functional errors in the software that are based on the fact that the hardware and software environment of the service user does not meet the specifications of the service provider or is faulty are irrelevant.

7.2 If an error is found within the meaning of the paragraph. 7.1 sentence 1, the service user shall request the service provider to eliminate the defect, specifying and describing the defect, and shall give him a reasonable period of time to do so. This period may not normally be less than 1 week. The service provider eliminates the defect by restoring or correcting the faulty software function. The elimination can also be done by setting up a „workaround“, as long as this does not make the use of the software more difficult in a completely unreasonable way.

7.3 If Mavorest GmbH cannot eliminate the error or cannot do so at a cost that is economically justifiable for it within the reasonable time limit set, both parties may terminate the contract with two months’ notice.

7.4 In the event of changes in the law, changes in case law or changes in economic conditions, Mavorest GmbH is entitled to unilaterally change these general terms and conditions.

 

8. Accuracy of data and process and computational results

8.1 The service provider assumes no responsibility for the accuracy and usability of the data entered by the service user. The service user must ensure that, according to the service provider’s program usage instructions, the correct and usable data is entered in the prescribed form into the intended input fields or transferred to the data set and software. Subject to paragraph 10, Mavorest GmbH shall not be liable for unusable or incorrect storage and processing results resulting from incorrect or inappropriate data entries by the service user.

8.2 The service user must check the plausibility of the process and calculation results, in particular before making or refraining from making any decisions or measures based on these results that are economically relevant or could lead to damage to property and/or life and limb. The service user must check whether, based on general experience for the object or the respective process or sequence, the results are within the framework of comprehensible, usual and expected results. According to these standards, implausible results must be reported by the service user to the service provider and clarified together with him. Subject to paragraph 10, Mavorest GmbH shall not be liable for damages and expenses incurred as a result of the service user making or refraining from making any decisions or actions based on implausible data and process and calculation results.

8.3 Data that can be transferred to other applications through system integration, data handovers, and export functions are transferred as stored in the service provider’s system. The service provider does not guarantee that the exported data can be used functionally in other software applications. This applies in particular to the functionality/usability of the data that the service user has at the end of the contract according to. No. 3.2 receives.

 

9. Authorization, data security and data protection

9.1 The service user is fully authorized to dispose of the movement and application data stored by him in the Mavorest GmbH data center. He can export these at any time and use the exported data elsewhere. After the end of the contract he will receive his data according to. No. 3.3. handed over.

9.2 Mavorest GmbH secures the data stored in its data center against third-party access using the state of the art in accordance with the service description.

9.3 Subject to paragraph 10, Mavorest GmbH is not liable for unauthorized access, unauthorized knowledge and loss of data caused by a criminal, unlawful attack and/or other breach of trust. Nevertheless, Mavorest GmbH takes technical and organizational precautions that make such behavior more difficult.

9.4 The service user, for his part, must take precautions that make unauthorized access more difficult. In particular, he must secure his system access with passwords that are considered secure according to the state of the art and treat them carefully and confidentially. He also has to regularly check the systems he uses to access spy or monitor programs, key logger viruses, root kits, etc. Mavorest GmbH is not liable, subject to paragraph 10, for unauthorized access, unauthorized knowledge and loss of data resulting from a violation of this obligation.

9.5 Mavorest GmbH provides only technical services of data storage and –processing. Compliance with data protection regulations when handling personal data is the sole responsibility of the service user. The service user indemnifies Mavorest GmbH from all claims if it is used by third parties under data protection law.

 

10. Liability limitation

10.1 Scope of application of the scheme
Mavorest GmbH is liable for damages under any legal ground in accordance with the following provisions:

10.2 Intention and gross negligence
The liability of Mavorest GmbH for damages caused intentionally or through gross negligence by Mavorest GmbH or one of its vicarious agents or legal representatives is unlimited in amount.

10.3 Personal injuries
In the event of damage resulting from an injury to life, body or health, liability is unlimited in amount even in the event of a simply negligent breach of duty by Mavorest GmbH or a legal representative or vicarious agent of Mavorest GmbH.

10.4 Organizational negligence and guarantee
Liability is also unlimited in amount for damages resulting from serious organizational negligence on the part of Mavorest GmbH and for damages caused by the lack of a quality guaranteed by Mavorest GmbH.

10.5 Breach of contractual obligations
In the event of a breach of essential contractual obligations, if none of the cases referred to in paragraphs 10.2 – 10.4 apply, Mavorest GmbH is liable in amount limited to the damage that is foreseeable in the typical contractual terms.

10.6 Disclaimer
Any further liability for damages is excluded, in particular liability without fault is excluded.

10.7 Product Liability Act
Liability under the Product Liability Act remains unaffected.

10.8 contributory negligence
If damage is due to both the fault of Mavorest GmbH and the fault of the service user, the customer must take credit for his or her contributory negligence.

 

11. Other

11.1 The service user can only offset claims from Mavorest GmbH against undisputed or legally binding claims.

11.2 This contract is governed by German law. The UN Convention on Contracts for the International Sale of Goods is excluded.

11.3 The place of jurisdiction and place of performance is Münster, Westphalia.

11.4 Amendments and additions to this contract shall be in writing. This also applies to amendments to this provision

11.5 Severability clause
If individual provisions of this Treaty are or become not legally effective or unfeasible, in whole or in part, the validity of the remaining provisions of this Treaty shall not be affected. The same applies in the event that the contract contains a regulatory loophole.