General Terms of Business
Softwarenetz develops and distributes various software products especially
for office organisation to business enterprises, self-employed people and
Validity of the terms of business
||Unless otherwise agreed, these General Terms of Business shall be
exclusively applicable. Other contractual terms shall not become a component of
the contract, even if Softwarenetz has not raised express objection to such
||Unless otherwise agreed, the General Terms of Business in the
version which can be called at the time of the conclusion of the contract at
www.softwarenetz.de shall be applicable.
Subject-matter of the contract
Softwarenetz shall put the software product at the customers disposal for
permanent use against a one-off payment. This is standardised software which is
not adapted to individual requirements. Softwarenetz shall make the ordered
product available by granting a licence number. This licence number shall be
sent by e-mail. On special request, the ordered software shall be sent on a
data carrier at a surcharge.
Before the conclusion of the contract, the customer has checked in so far as
he/she is able whether the ordered software meets his/her wishes, expectations
and requirements. He/she has especially satisfied himself/herself on the basis
of the product information on the internet site that the ordered software can
be employed on the operating program used by him/her.
||Softwarenetz shall render all performance in accordance with the
state of the art.
SSoftwarenetz takes the protection of the customers personal data seriously.
Softwarenetz heeds all relevant provisions of the data protection acts.
Personal data is only collected to the extent which is technically necessary.
The collected data shall not be sold or forwarded to third parties.
After the receipt of payment, the customer shall receive the licence number
and, if a data carrier is ordered, the data carrier.
Rights of the customer to the software
||The customer acquires the software to use it on a permanent basis
himself/herself or in his/her business enterprise. The owner of the rights to
the software shall remain Softwarenetz. All data processing appliances onto
which the programs are copied in whole or in part, on a temporary or permanent
basis, must be in premises or in the possession of the customer. Softwarenetz
grants the customer the authorisations which are necessary for the intended
use. Softwarenetz also grants the right to copy the ordered programs onto main
memories and hard disks. The customer may make back-up copies.
If the software is acquired for commercial use, one licence merely permits it
to be used on one workstation. If the software is to be installed and used on
several workstations, then a corresponding number of licences must be acquired.
The licence number may not be forwarded, sold or published.
The software has the agreed characteristics. It is suitable for the
contractually presupposed use, otherwise for customary use. It has the usual
quality of software of this type. An impairment to the functioning of the
software which results from hardware defects, ambient conditions, wrong
operation or similar shall not constitute a defect. An insignificant reduction
in quality shall not be grounds for complaint. The customer is aware that
software is never completely error-free.
The customer is himself/herself responsible for the regular back-up of his/her
Softwarenetz shall be unrestrictedly liable towards the customer if the
customer asserts claims for damages which are based on intent or gross
negligence, including intent and gross negligence on the part of the legal
representatives and vicarious agents of Softwarenetz.
In the case of slight negligence, Softwarenetz shall be unrestrictedly liable
in the event of death, physical injury or damage to health.
Softwarenetz shall in other respects only be liable if Softwarenetz has
infringed a fundamental contractual obligation (cardinal obligation). In these
cases, liability shall be restricted to the reparation of the foreseeable,
typically occurring loss.
Claims shall become statute-barred within one year after the surrender of the
software, unless Softwarenetz has fraudulently concealed a defect or has caused
the defect by way of intent or gross negligence.
The customer is not entitled to any warranty claims if he/she has altered the
software himself/herself, unless this alteration was not the cause of the
defect. In this respect, we refer once again to the obligation incumbent on the
customer to make regular data back-ups. Softwarenetz shall assume no liability
if a loss occurs due to a loss of data which would not have happened if
customary data back-ups had been made.
Liability according to the German Product Liability Act shall remain
§ 10 Special conditions with regard to the cloud drive
||Softwarenetz will guarentee an availability of the cloud drive of
99% in average. Excluded are times, in which the server is not available due to
technical or other problems, which can not be influenced by Softwarenetz
(external violence, etc.).
||The contract to use a cloud drive is 12 months, if not otherwise
agreed. The contract will end automatically when the customer does not extend
the contract in time. Softwarenetz is allowed to the delete all files of the
custumer, which are storaged onto the cloud drive.
||Softwarenetz is not obliged, without a special agreement, to
create backups. The client is responsible for backups conform §8 of the General
Terms and Conditions.
The parties are in agreement that this contract shall be governed by and
construed according to German law.
Agreement on the place of jurisdiction
Frankfurt am Main is to be the place of jurisdiction for all disputes arising
from the contractual relationship between the customer and Softwarenetz if the
customer is a merchant, a legal person under public law or a special fund under
public law. Softwarenetz reserves the right to raise an action against the
customer at the customers valid general place of jurisdiction.
Amendments and supplements to the contract must be made in writing to be
effective. This shall also apply to the amendment of this requirement of the
written form. The requirement of the written form is also satisfied by a
transmission in text form, especially by fax or e-mail.
If individual provisions of these General Terms of Business are or become
ineffective in whole or in part, then this shall not affect the validity of the
The parties undertake to replace ineffective or null and void clauses by
legally effective provisions which are closest to the commercially intended
purpose. The same shall apply if this contract should contain a gap which