Terms and Conditions for the sale of software plugins
IMPORTANT: These terms and conditions are a translated version from the original German Terms and conditions, which are the only legally binding terms and conditions.
1. Scope These Terms and Conditions (GTC) govern the business relationship between PCSG - Computer & Internet Service OHG (hereinafter referred to as the “Provider”) and the customer (hereinafter referred to as the “Customer”) for the purchase and use of software plug-ins that are distributed digitally and made available as downloads. These GTC apply to all contracts concluded between the Provider and the Customer for the purchase of digital content, in particular plug-ins, as part of a subscription model.
2. Subject The Provider offers digital products, in particular plug-ins for the Kimai software, for download as part of a time-limited subscription. With the purchase, the customer receives a time-limited, non-exclusive right to use the plugins in accordance with the provisions of these GTC.
3. Conclusion of contract (1) The contract for the purchase of a plugin is concluded when the customer selects a plugin on the provider's website and confirms the order by completing the purchase process. (2) By completing the order process, the customer makes a binding declaration that they wish to purchase the plugin under the conditions specified in the respective product description. (3) The provider accepts the order by providing the download option and confirmation by e-mail.
4. Subscription and term (1) The plugins are purchased as part of a time-limited subscription. With the purchase, the customer receives access to the plugin and all updates provided during this period for the duration of the subscription. (2) The subscription is automatically extended by the term specified in the purchased item unless the customer cancels it in writing at least 4 weeks before the end of the term. (3) The termination of the subscription leads to the termination of the right to use the plugins concerned. The customer may not continue to use the plugin after the end of the contract.
5. Prices and terms of payment (1) The prices for the plugins are stated on the provider's website and include statutory VAT. (2) Payment is made in advance in accordance with the subscription period (usually annually). The available payment methods are displayed to the customer during the ordering process. (3) If the customer defaults on payment, the provider is entitled to block access to the plugins until the outstanding amounts have been paid in full.
6. Provision and download (1) The plugins are provided to the customer in digital form for download after conclusion of the contract. A physical dispatch does not take place. (2) After successful receipt of payment, the customer will receive a confirmation email with a link to download the plugin. (3) It is the customer's responsibility to ensure that the technical requirements for downloading and using the plugins are met.
7. Rights of use (1) The customer receives a simple, non-transferable right to use the purchased plugins, limited in time to the duration of the subscription. (2) The customer is not entitled to reproduce, modify, sell or pass on the plugins to third parties. (3) A transfer of the rights of use to third parties is excluded, unless the provider has expressly agreed to this in writing.
8. Liability and warranty (1) The provider is only liable for intent and gross negligence. The Provider shall only be liable for simple negligence in the event of a breach of material contractual obligations (cardinal obligations). (2) The provider assumes no liability for damages caused by improper use of the plugins. (3) The statutory warranty period applies. However, the provider assumes no liability for the compatibility of the plugins with future versions of the Kimai software.
9. Right of cancellation Since the plugins are digital products that are made available to the customer immediately after conclusion of the contract, the customer waives his statutory right of withdrawal by agreeing to these GTC.
10. Data protection The provider processes the customer's personal data in accordance with the statutory provisions on data protection. Further information on data protection can be found in the privacy policy on the provider's website.
11. Cancellation and termination of contract (1) The customer can cancel the subscription at any time with a notice period of 4 weeks to the end of the current contract period. (2) After termination of the subscription, the customer loses the right to continue using the plugins. (3) The right to extraordinary termination for good cause remains unaffected.
12. Final provisions (1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. (2) Should any provision of these GTC be invalid, the remaining provisions shall remain unaffected. (3) The place of jurisdiction for all disputes arising from or in connection with these GTC is the registered office of the provider.
PCSG - Computer & Internet Service OHG
Pfaffenberger Weg 142
42659 Solingen
Germany
Mail: info@pcsg.de
Phone: +49 (0)212 - 2263078 (Mo - Fr, 9 bis 17 h)
As of: October 2024