1 Validity and Application Area
1.1)These terms and conditions are valid between successfactory management coaching GmbH - in the following called contractor (CO) - and customers of the successfactory web portal, - in the following called clients (CL). The following CL are distinguished:
a. Visitors: are unregistered customers with restricted access rights to the eTopics section; these services are free.
b. Members: are customers registered with their names and addresses with extended access rights to the eServices (newsletters, book presentations, an expert request, discussion forums, etc.); these services are free.
1.2) The following conditions apply to all services and deliveries that the CO makes to his CL. They also apply to future businesses, even if not expressly referred to. Purchase conditions of the CL are excluded for the present legal transaction and the entire business conditions.
1.3)The contracting parties are aware that due to the particular complexity in the area of transport and processing of data, no one hundred percent security can be guaranteed. General rules on performance disruptions and damages should therefore be understood and applied in the light of the specific technical conditions encountered in this area.
1.4) It is expressly stated that the following services are not covered by this contract:
a. Services that are caused by operating system / hardware changes and / or changes to non-contractual reciprocal program-dependent software programs and interfaces.
b. Individual program adjustments or reprogramming.
c. The elimination of errors caused by the CL or third parties.
d. Data conversions, data recovery and interface customizations
2 Scope of Service
2.1) Unless otherwise agreed, the execution of the contractual services by the CO shall be carried out in the manner chosen by the CO (e.g. online, at the computer system location or at the premises of the CO)
2.2) The contractor is not obliged to check the content or logical content of data of the client or third parties, which are handed over to him for processing, storage or transport. If the CO incurs any damage or additional expenses in such a way that the data made available to him by the CL contain unlawful contents or are not in a condition that makes them suitable for the provision of the commissioned service, the CL is liable.
2.3) The CO shall not be liable for damages arising from the fact that third parties whose data he has taken over for processing, storage or forwarding, or other persons to whom he has no contractual relationship, act improperly, provided that such misuse could not be prevented with the state of the art and industry standards.
2.4) In the case of unjustified use of services, the CO is entitled to charge the costs incurred by the CL with the respective applicable cost rates.
2.5) The CO shall be released from all obligations arising from this contract if program changes in the contractual software are carried out by employees of the CL or third parties without the prior consent of the CO or if the products are not used in accordance with the instructions.
3.1) The CO provides his services with the utmost care, reliability and availability. However, he cannot guarantee that his services are accessible without interruption, that the desired connections can always be made or that the stored data are retained under all circumstances.
4.1) Unless otherwise agreed upon in the order, the prices stated in the electronic order form or in the offer apply.
4.2) For services that can be provided in the business premises of the CO but are exceptionally provided at the request of the CL, the CL shall bear the costs for travel, stay and travel time for the persons in charge of the CO, responsible for the execution of the service.
4.3) ) All fees and taxes are calculated on the basis of applicable law. In addition, if the tax authorities subsequently impose taxes or duties, these are to be borne by the CO.
5 Terms of Payment
5.1) The agreed flat-rate costs are payable in advance by the CL for the calendar year / part-year by settling the invoices submitted by the CO.
5.2) For individual fee-based service packages, a separate billing is carried out by the CO.
5.3) The invoices submitted by the CO are due 14 days after the invoice date without deduction and free of charge.
5.4) Compliance with the agreed payment dates is an essential condition for the execution of the delivery or contract fulfillment by the CO. Non-compliance with the agreed payments entitles the CO to cease the current services and to withdraw from the contract. All associated costs are to be borne by the CL. In the event of late payment default interest will be charged in the usual bank amount. In the event of non-compliance with two installments for partial payments, the contractor is entitled to have the lost date come into effect and to make any outstanding acceptances viable.
5.5) The CL is not entitled to withhold payments due to incomplete total delivery, warranty or warranty claims or complaints.
6 Contract duration and Resignation
6.1) The contractual relationship begins with the signing of the contract and is concluded for an indefinite period.
6.2) For paid-for CL's, this contract can be terminated by both parties in writing or online, subject to a notice period of three months at the end of a calendar year. For the timeliness of the termination the time at which this is received by the CO is decisive.
6.3)The contractor is entitled to withdraw from the contract and thus immediately cancels all online connections, if
a. insolvency proceedings are opened against the assets of the CL or an application for the initiation of insolvency proceedings is rejected due to a lack of sufficient assets;
b. the CL misuses the power granted to him to use facilities of the CO for the commission of unlawful acts or damages of third parties.
7.1) In the case of the provision of Internet services by the CO, the latter assumes no responsibility for the transmission of data, in particular for their complete, correct and timely transport, due to the known incomplete reliability of the Internet.
7.2) The CO is not liable for any damage resulting from the loss of or misuse of user ID or password. The CL will immediately inform the CO about possible misuse cases.
7.3) As a matter of principle, the CL is only liable for intent and gross negligence within the framework of customer relations - this does not apply to consumers.
8 Data security
8.1) The CO will only use customer data in connection with the handling of customer relationships as well as for internal market research and marketing purposes. Customer data are principally not disclosed to third parties. Exempted from this are those partner companies which offer services within the framework of the service offer of the CO (e.g. the network for the expert inquiry with the eServices) - here customer data are passed on to those partners within the necessary framework for the handling of the business relations.
9.1) All retrieved contents of the successfactory portal are protected by copyright. Visitors and CL are therefore not entitled to use the services accessed, except for their own purposes within the meaning of § 42 UrhG, and in particular are not entitled to reproduce or redistribute these without the prior approval of the CO in whole or in part.
10.1) It is the duty of the CL to keep its passwords and other access barriers inaccessible to unauthorized persons. For damage caused by the lack of secrecy by the CL or by passing it on to third parties, the latter is liable.