General Terms and Conditions

of the
pro-bit werbeagentur e.K.
volker bialluch
elbestraße 1
D - 26135 oldenburg

tel.: +49 441 23350100
fax: +49 441 23350149
team@pro-bit.de


 

 

1. GENERAL

1.1 The following General Terms and Conditions are valid for all business transactions between pro-bit werbeagentur e.K., Volker Bialluch (hereafter named “pro-bit”) and its business partners / customers, hereafter abbreviated as “BP”, especially for marketing services and/or products. The specific type of service and product derives from the conception, offer, suggestion of actions or the individual contracts made by pro-bit.

1.2 Each signed contract is based on these General Terms and Conditions, unless otherwise stated. They apply to all future business relations with the BP, without the explicit reference to them.

1.3 Deviating Terms and Conditions of the BP as well as alterations and additions of these General Terms and Conditions only apply with the written consent of pro-bit. This also applies when the Terms of Service and/or Delivery Conditions have not been explicitly rejected.


2. CONCLUSION OF CONTRACT, SUBJECT, PARTIES

2.1 The offers made by pro-bit are subject to change and not binding. pro-bit is entitled, but not obliged, to accept a BP’s request to conclude a contract. The contract only becomes binding with the pro-bit’s written confirmation or by beginning with the work described in the contract. If pro-bit has made an individual and hereby binding offer to the BP, the contract becomes binding with the written acceptance of the BP.

2.2 The content of the contract complies with the general service descriptions of pro-bit for the discussed products at the point at which the contract was signed, potentially amended to suit individual service needs. pro-bit is entitled to alter the type and scope of the services during the contract term, as long as it does not cause a disadvantage for the BP. If advance payment was agreed, pro-bit’s obligation to perform begins when the payment of the BP has been received.

2.3 Suggestions of the BP or other form of collaboration has no effect on the amount of remuneration. They do not justify a shared copyright.

2.4 The pro-bit is only responsible for competitive review when expressly stated in the contract.

2.5 Any events of force majeure permit the pro-bit to postpone the completion of the BP’s project for the duration of the obstruction in addition to a reasonable startup period. A claim for damages can not be made here by the BP. This also applies when important dates or events of the BP can not be met and/or are cancelled.



3. PROCESSING CONTRACTS, CONTRACTUAL ASSIGNMENTS TO THIRD PARTIES

3.1 The pro-bit is entitled to assign contractual obligations in part or in full to third parties. The transfer of rights and obligations of the contract to third parties by the BP is only possible with the prior written consent of the pro-bit. This also applies in case of a transfer of the business or the contractual website of the BP.

3.2 Orders for the production of advertising material, to whose creation the pro-bit has contributed as stated in the contract, are made in the name of and invoiced to the BP. The pro-bit is entitled to make orders to third parties in its own name and on its own account. In this case the costs will be billed to the BP in an invoice of the pro-bit.

3.3 The pro-bit does not take liability in case of poor quality of advertising media ordered.The pro-bit, however, commits itself to accept the refusal of the advertising material by the BP in exchange for the aforementioned disclaimer of warranty.



4. PRICING, PAYMENTS

4.1 All prices are to be understood in EURO excluding the respective statutory VAT of the Federal Republic of Germany.

4.2 Work will be billed on the basis of the hourly rates of the pro-bit by services rendered, unless otherwise expressly agreed. Quotes and estimated calculations are not binding. Remuneration claims of the pro-bit for services performed are also binding without a prior quote or offer from the pro-bit. Alternative agreements are to made in written form (e-mail ist insufficient).

4.3 Invoices are to be paid immediately after receiving. Discount and other reductions are not granted.

4.4 In case of delay of payment, default interest of 8 percent over the base interest rate is to be paid as compensation. The pro-bit reserves the right to assert claims for other damage caused by the delay. The BP has the right to prove that no or lesser damage was caused. Should the BP be in delay of payment, the pro-bit is entitled to cease their services until the open balance has been paid.

4.5 The pro-bit is entitled to advance payments from the BP for already performed partial services, without these partial services being in a usable form for the BP.

4.6 The statements in the invoices, especially the hours worked, are deemed accepted by the BP unless the invoice is challenged within two weeks of creation.

4.7 Should the pro-bit be commissioned to create a presentation, the BP accepts that the conception is also to be remunerated. Should a remuneration not have been discussed, the pro-bit will charge its current hourly pay (or the customary remuneration); this also applies if the created work is not used or for consultations. If a concept that was completed by the pro-bit and approved by the BP is not implemented,for reasons that the pro-bit is not responsible for, remuneration can still be demanded by the pro-bit.

4.8 In case of a premature termination of the contract, the pro-bit is entitled to compensation for the services rendered so far. The amount is calculated by determining what services have been rendered thus far and the total required services that should have been performed as per the contract.

4.9 Should the BP not comply with his obligation to cooperate within a reasonable period, the pro-bit is entitled to request advance payments for the services provided in this situation.

4.10 The offsetting with counterclaims is only valid, should the pro-bit recognize these claims or should they have been legally established. The same shall apply for the enforcement of the right of retention due to the claim of the BP from earlier or other business with the pro-bit.


5. DELIVERY

5.1 Unless otherwise agreed, the stated delivery times are non-binding and only an approximation. The pro-bit will however make an effort to adhere to these times. Deadlines begin on the date of contract signing, however not before all service requirements have been fulfilled by the BP. This is especially relevant to all obligations to cooperate (e.g. procurement of material, releases, provision of information, creation of service catalogues and/or requirement specifications), as well as any advanced payments that were agreed to be paid prior to delivery.

5.2 The delivery requirements have been fulfilled by the pro-bit as soon as the work and/or services of the pro-bit have been noted ready to be sent to the BP.


6. DATA

6.1 The BP is obligated to give the pro-bit access to all required information, data and access authorisations in a timely manner. The BP ensures that all information and data is correct and complete. The pro-bit is not obligated to verify that the information and data is correct, compete and free of third-party rights. The BP exempts the pro-bit of claims of third parties. This includes the costs of any legal defense required due to an infringement of the rights of third parties, caused by the use of information and data given to the pro-bit or other content on the website of the BP provided by the pro-bit in accordance to the services agreed. Further content-based violations of rights include e.g. youth endangering as well as sedition content. The BP is solely responsible for any and all content. The exemption of the pro-bit also encompasses search words, keywords and content optimisation that the pro-bit suggested to the BP, unless the prior knowledge of the illegality of the content can be proven.The pro-bit is entitled to delete and block affected content, will however give the BP appropriate opportunity to give a statement. The BP is obligated to inform the pro-bit immediately should they have been made aware of a violation of rights. Should data have not been made accessible to the pro-bit in due time, the afore discussed dates or time frames for the completion of the services will be postponed accordingly.


7. PRIVACY POLICY

7.1 Under the terms of the contract personal data of the BP will be saved, processed and/or deleted and submitted to third parties as necessary. This is especially relevant to the submission of data required for the registration and/or alteration of a domain in search engines, catalogues and lists, as well as for data needed to create a business profile in business directories and industry services that could possibly be publicized later. 


8. IMPRINT AND REFERENCES

8.1 The pro-bit is principally allowed to reference its own company on any work produced for the BP.

The BP can only contradict this in written form, if a justifiable reason can be proven.

8.2 The BP gives its consent that all performed work can be used in part or in full as references for advertising or PR purposes by the pro-bit.


9. TERMINATION OF CONTRACTS

9.1 The pro-bit is entitled to the termination of a contract especially if the BP

a) is in delay of its payments or obligations to cooperate and does not react accordingly to notices;

b) becomes bankrupt, especially if payments are discontinued or insolvency proceedings are applied for, or other form of financial peril occurs;

c) has several reversed direct debit transactions

d) has given the pro-bit false or illegal data for the fulfillment of the contract, especially if third parties make the pro-bit responsible for the data passed on by the BP

e) violates the contractual obligations in other severe forms.

9.2 In case of a termination by the pro-bit for reasons accepted by the BP, the BP is required to make payments to the pro-bit for services that would have been performed as stated in the contract in the termination period. The same statement is valid for the termination by the BP outside of the discussed termination periods or prior to the fulfillment of the contract for reasons not accepted by the pro-bit. The BP is entitled to prove that no or less damage has occured for the pro-bit. In case of a termination of contract the pro-bit is entitled to delete all managed data of the BP. The duty to secure the data lies solely with the BP. If a domain or other accounts were registered for the BP by the pro-bit, the pro-bit is entitled to delete these with termination of the contract.


10. RIGHTS OF USE

10.1 The pro-bit reserves the right to all rendered services for the BP, especially graphical sketches, graphical and textual trademarks, layouts, etc. The BP solely remunerates the rendered service for the creation of the work, not the rights to the intellectual property and especially not the right of further duplication. The copyright can be transferred to the BP or a third party for further remuneration with written consent from the pro-bit if this was previously discussed. The rights are only transferred to the BP or a third party once payment is received.


10.a COLLECTING SOCIETIES

10.1 The BP is obligated to fulfill any claims from collecting societies. If the pro-bit has paid these claims, the BP is required to refund the payments. The pro-bit is not obligated to inform the BP that orders made to a non-legal person in the artistic, conceptional and advertising area require a social contribution to be paid to the artists’ social insurance. This contribution can not be deducted from the invoice of the pro-bit.


11. LIABILITY FOR DEFECTS

11.1 Due to technical advances, it is not possible to offer internet-based services that work without faults and are always available. The placement in search engines lies with the operators of these search engines. The pro-bit thus does not take responsibility for the use of a certain search engine operator or the position a website will have in the searches. Important for the fulfillment of the contract is hence solely the technical and legally feasible implementation of the services agreed upon.

11.2 The deadline for the liability for defects is six months after completion of the services, unless otherwise agreed. Complaints are to be made in written form immediately and should be documented accordingly, especially in regards to error messages which can be handed in as a listed protocol or in the form of screenshots. Should the pro-bit test for error messages and find no faults, expenses for the labour can be billed to the BP.

The BP is to give the pro-bit time to correct the defects and support the process where required, first and foremost the saving of programmes, data and data medium before the defect is corrected. The pro-bit only accepts liability for data and programmes lost that were previously saved in such a manner by the BP that allows a reproduction of the content. Faults and defects exempt from the liability claims are those established by external factors (including unauthorized access through the internet), operating errors, components or products from third parties, trojans, computer bugs, computer viruses - of any kind - or alterations, additions, installations, extensions, attempts to repair or other forms of manipulations not performed by the pro-bit.

11.3 Services or products delivered by the pro-bit, are to be tested immediately after receipt and complaints made promptly thereafter. Should this not occur upon receipt, the BP forfeits its rights for a liability claim.

11.4 Minor deviation from the owed quality, foremost the customary quantity and quality tolerances, do not entitle the BP to make a complaint. The pro-bit is not liable for the desired result of an advertising campaign on a target audience, ordered by the BP.


12. LIMITATION OF LIABILITY

12.1 The liability for damages made by the pro-bit, its legal representatives, employees or subcontractors in connection with its services - irrespective of the legal grounds - is only unlimited when the damage can be proven to be based on intent or gross negligence, as well as in circumstances of loss of life, bodily injury or damage to the health. Liability based on guarantees and the regulations of the product liability act remain untouched. If the pro-bit grossly neglects an obligation, whose fulfillment affects the proper completion of the contract and upon whose implementation the BP should be able to trust (contractual obligations), the liability to pay compensation is limited to the foreseeable, typically created damage. In all other cases liability of excluded.

12.2 The BP is aware that even with proper security and backup devices data saved on a publicly accessible web server can be damaged, copied or lost irreversibly. The BP therefore creates private safety copies of static and dynamic data in addition to the contractually agreed copies made by the pro-bit. The pro-bit is not liable for the loss of data on data medium or due to the transmission of data or the consequences of software errors on provided OpenSource-Software.

12.3 The BP is aware that the scope of service can be reduced temporarily and on short-notice due to maintenance, restructuring or other work. The pro-bit will attempt, but can not ensure, that these service limitations are undertaken during a time when the services are used only sporadically.

12.4 The BP is liable for all documents and data supplied, that violate copyrights of third parties by their usage. The BP exempts the pro-bit of any liability from claims of third parties.

12.5 Requirement of Legal Assessment. We would like to note that all suggested designs have not been assessed for legal conformity. Names, logos and slogans could be protected by national or international trademarks. Advertising messages could violate competition regulations. A legal assessment has not been undertaken by us und fall under the responsibility of the BP.


13. PRIVACY

13.1 The BP pledges that all business secrets, contract conditions or further information are kept secret, unless these are public knowledge. This applies in particular to information about search habits and technologies of the search engines as well as optimizing strategies of the pro-bit. This commitment applies past the end of the contract. Information and contents of created offers of the pro-bit are confidential and not to be duplicated or publicized in part or in full, saved in an information system or passed onto third parties without the written consent of the pro-bit.


14. PLACE OF PERFORMANCE AND JURISDICTION

14.1 Place of performance and jurisdiction for all claims and legal disputes deriving from the contractual relationship is the registered office of the pro-bit, if the BP is a registered trader or a legal entity under public law.

14.2 German law applies explicitly, even if the BP is based abroad. UN sales law is excluded.


15. OTHER

15.1 Should one stipulation be or become void, the validity of the other stipulations remain unaffected. Furthermore both parties commit to replace the right stipulation with one that relates most to the void stipulation.

15.2 The transmission of rights and obligations is only possible with the written consent of the pro-bit.

Note according to § 36 VSBG:

We are not obligated or prepared to partake in a dispute settlement procedure in front of an arbitration board for consumers.


Oldenburg February 2020

 

SPECIAL TERMS AND CONDITIONS OF THE PRO-BIT WERBEAGENTUR E.K., VOLKER BIALLUCH
pro-bit werbeagentur e.K.
elbestraße 1
D - 26135 oldenburg

tel.: +49 441 23350100
fax: +49 441 23350149
team@pro-bit.de


FOR WEBDESIGN 

These Terms and Conditions for webdesign are an addition to the General Terms and Conditions and are an essential part of every contract for the creation and maintenance of websites that you enter into.


1. CREATION OF WEBSITES

1.1 Subject matter of the contract is the development of a concept and the creation of a website based on this concept with one of our given models or an individual format, each according to the scope and functionalities stated in the contract. Is a specification sheet and/or written concept created during the implementation of the contract, this becomes the new basis of our service obligation. With regard to possible future changes requested by the BP, the pro-bit is only obligated to implement these should a written agreement have been made for a higher remuneration according to the additional expenses calculated. The pro-bit will optimize the website for the current web browsers and end devices. After the final approval of the latest version of the website by the BP the website will be made accessible on a server chosen by the BP. The BP is responsible for the saving of the website on a suitable server (Hosting), the acquisition of a domain and adequate access to the internet (Access-Providing), unless the pro-bit has been expressly contracted to perform these tasks by the BP.


2. MAINTENANCE OF WEBSITES

2.1 Later alterations and additions to the website requested by the BP will be billed by services rendered on an hourly basis, unless otherwise agreed.This does not apply to defects discovered during the maintenance work and noted by the BP.


3. DOMAIN

3.1 Should the pro-bit be contracted to register a new or transfer an existing domain, the BP acknowledges that the pro-bit is only a mediator. The order includes the authority to state the BP’s name on the invoice. If required, the power of attorney will be made in written form. The BP will become or stay owner of the domain and is obligated to adhere to all legal regulations for domains. The guidelines and conditions of the issuing agency (e.g. DENIC) become part of our contract and are to be complied with.They can be viewed in the internet. The BP is obliged to give the pro-bit an administrative contact person (Admin-C) with complete address, e-mail and telephone number as needed for a summons along with its own complete and correct data. The pro-bit is not required to make a legal assessment of the domain. The responsibility for this and the availability of the domain lies solely with the BP. The details of the availability of the domain as given by the pro-bit is only valid for the moment of inquiry and may already be outdated at the time of registration.

3.2 A billing period is usually 12 months for standard domains, unless stated otherwise in the service descriptions.

3.3 The following billing period becomes binding should the BP have not given written notice of termination in accordance with the deadline of 2 months prior to the end of the current billing period. Other agreements only apply if these have been noted in written form.

3.4 Remunerations for services will become due at the beginning of the first billing period. When a new domain is registered for the first time, remunerations will be due earliest with the actual allocation of the domain in the BP’s name.

3.5 Remunerations for following billing periods of 12 months are due one month before the end of the last billing period, unless the contract has been terminated in adherence to the notice period of 2 months prior to the end of the billing period (see 3.3).

3.6 Domain registration and maintenance services can be neither partially nor fully refunded or transmitted.

3.7 Contracts for services - especially those for the registration and maintenance of domains - are concluded for an indefinite period, unless expressly agreed otherwise.

3.8 The contract can be terminated without a sound reason and at any time by the BP to e.g. transfer a domain to another owner or another provider. In case of such a termination, the remuneration for registration and maintenance services for the agreed billing remains the full amount. A full or part reimbursement of already provided remunerations is not possible. A full or part reimbursement of already provided remunerations for in 3.5 mentioned following billing periods is not possible. Furthermore the BP is obligated to pay remunerations in full for services already rendered or to be rendered as discussed at the time of termination. These remunerations are especially for the handling process necessary for such a termination, including advanced obligations to the issuing agency and other third parties by the pro-bit. 


4. HOSTING

4.1 The server of the BP’s host-server must have adequate technical requirements to host the website. The assessment of the server is included in the contract and to be done by the pro-bit. The decision of the pro-bit is binding for the BP. The contract includes the authorisation for the pro-bit to perform necessary steps discussed with the BP in order to fulfill the technical requirements. Resulting remunerations of third parties are the responsibility of the BP and to be paid separately as they are not included in our prices. If needed a written consent is to be issued by the BP. Should the hosting at the current provider not be possible even after alterations or contract updates have been made the BP is obligated to change to a fitting provider. The authority of the pro-bit emcompasses in this case the arrangements with the new provider chosen by the BP as well as the steps discussed in 3.

4.2  Should the pro-bit be managing the hosting of the website through an external provider the pro-bit is free to choose the provider and server, including the location. The availability of the server can be interrupted due to technical or other problems, maintenance or for the safety of the network operation, for which no claims can be made by the BP. An availability of 97% during the contract period is assured by the contract.

4.3 The pro-bit will secure login data to the website according to security standards to protect it from third parties. It is obligated to secure any accesses given from the misuse of third parties. If misuse is suspected the BP will be informed immediately and login details will be changed. Due to the current technical status the protection of data can not be fully guaranteed. The pro-bit will adhere to the privacy policy regulations of the European Union. This also applies to the used provider and server by the pro-bit.


5. APPROVAL, LIABILITY FOR DEFECTS

5.1 The BP is obligated to accept the end version of the website presented by the pro-bit, so long as it is functional in its essential components. The approval is to be given in written form. The approval is binding if the BP does not refuse it in written form and with mention of the defects found within 1 month of being informed of the request for approval. The liability period begins with the approval and stays valid for 1 year. The pro-bit is not obliged to correct defects that were apparent at the time of approval or claimed after the liability period.


6. DELAY OF APPROVAL

6.1 Should the BP refuse the approval or note the intent not to approve after a reasonable extension period of at least 4 (four) weeks, the pro-bit is entitled to withdraw from the contract and demand compensation.

6.2 By a delay of approval of more than 2 weeks the pro-bit is entitled to claim delay compensation of a fixed amount for every full week. The BP is entitled to prove a lesser, the pro-bit a larger amount of compensation.


7. MATURITIES

7.1 The pro-bit is entitled to invoice advance payments for services to be rendered. Unless otherwise agreed, 50% of the remuneration is to be paid immediately after the award of the contract, the residual amount after approval. These are each to be paid after receipt of an invoice. The pro-bit is not obliged to begin with the contract implementation until the advanced payment has been received.


8. CONTENT

8.1 The BP has the sole responsibility for all content delivered and any violation of rights of or through the website. The BP should comply with the according legislations, also in regards to those of other countries and the European Union. The BP exempts the pro-bit of any liability from claims of third parties in regards to content delivered and the operation of the website. The exemption also applies to the external providers used by the pro-bit. For the authority of deleting and blocking affected content we expressly refer to the General Terms and Conditions.

8.2 Should the pro-bit be contracted with the procurement of content, liability claims can only be made for content produced and delivered by the pro-bit. Content of third parties are only mediated from the pro-bit and count as content delivered from the BP. This especially counts for image material acquired from image databases (e.g. iStock or Fotolia, etc.) in accordance with the BP. In this case the BP has obtained the rights of use from the image database and is thus responsible for adhering to its terms and conditions. The costs for these procured contents are to be carried by the BP unless otherwise agreed. The procurement order includes the authority for the pro-bit to obtain material in the name of the BP. A written consent will be issued if required.



9. COPYRIGHT AND RIGHTS OF USE

9.1 The BP receives the ownership of the data and concept after full payment has been made. The copyright of the website and of the content delivered by the pro-bit remains with the pro-bit. The BP receives a simple and - except in case of a business transfer - non-transferable right of use without limitation in time or scope. The rights of use in reference to the content are restricted to the use within the website. Alterations of the website outside of the used content management system are only permitted with the consent of the pro-bit. The following limitations apply.

The website is created using an Open Source Software (OSS), whose use is subject to the regulations of the GNU General Public Licence (GPL) Version 2. The complete text can be found under www.gnu.org/licenses/gpl.txt. The BP can be given a CD with development data and indications of the parts of the website that underlie the regulations of the GPL, as well as the Quellcode. The BP is responsible for the use of the website in compliance with the GDL. Refer to the exclusion of liability included in these regulations. The BP is free to use and alter the OSS included in the website within the frame of the GDL regulations. The remunerations to be paid to the pro-bit do not include the OSS, but are for the services based on these.

9.2 The pro-bit is not entitled to make the website available to third parties in its entirety. The pro-bit is however entitled to use the contained software and its know-how. Furthermore the pro-bit is entitled to name the BP as a reference and claim copyright of the website. The pro-bit is entitled to make a corresponding note on the website, which the BP is only allowed to alter or remove with the pro-bit’s prior consent.


Oldenburg February 2020

 

LICENSE AGREEMENT FOR EQUI.AUCTION
Cloud / SaaS - Version


1.Scope

pro-bit werbeagentur e.K. Volker Bialluch (from now on pro-bit) offers companies the use of the software made available for online auctions in exchange for a license fee.

This license agreement regulates the contractual use of this software in the form of SaaS (Software as a Service). It applies in addition to the general terms and conditions. The user can access, see, save or print this agreement any time via agb.pro-bit.de.


2. Provision

pro-bit makes the software available in the current version on a server for the access of the company through the World Wide Web.

Scope of service and conditions of the software can be found in the specifications of the offer or contract. pro-bit can make software changes or updates at any time without prior notice as longs as it does not come to an significant decrease of the scope of service.

Should access have been given for testing purposes and without compensation, pro-bit has the right to revoke this access any time without prior notice.

Provided login data is to be changed into data only the user knows promptly. The company is obligated to provide correct and complete details of the intended user for the registration of login data. 

Point of transfer for the software and application data as stated in paragraph 4, is the router output of the data processing centre where the software is operated by pro-bit.


3. Reliable Use

After full payment of the remuneration stated in the contract the company receives the simple, non-exclusive, not sublicensable and non-transferable right of use of the software for the time frame stated in the contract.

The software serves to market animals (e.g. horses, foals, etc.) as well as frozen semen, embryos and further equine-related products via online auction. In case of doubt, the permitted use of the software is restricted to the abovementioned kind of business operation.

Each login is restricted to the use by one named natural person (Named-User-Principle). The company is obligated and liable to ensure that the recipient of login details will only use these personally. 

A permanent transfer of the software does not occur. The company is permitted to use the software solely for their own business operations.

It is prohibited to use a test login for personal or business purposes.

The company is prohibited to make alterations to the software. They are especially not permitted to examine, decompile, disassemble and/or use as a basis to create a new software program via so-called „Reverse Engineering”.

The company is not permitted to conduct attacks or load tests which cause the software’s performance to be affected negatively.

The company is liable for ensuring that the software is not used for illegal purposes or used in any way that violates authority regulations, or relevant data is created and/or saved locally or on servers.

Software made available for testing purposes is subject to the same permitted use, with the exception that the company is not allowed to use it for commercial purposes.


4. Application data

All data that is created by the permitted use of the software during the time span of the contract is application data. The company has the sole right to this data. The application data of the company is available for one year from the end of the contract. The data will be deleted once the year from the time of contract cancellation is over.


Application data that is created in a test version will be deleted as soon as the test phase is complete. There is no right of surrender for this data.

pro-bit saves the application data daily on the server.


5. Technical conditions of the access

The conditions conform with the respective system conditions.

The company is responsible for the provision and necessary configuration (e.g. enable PopUps) of the required hard- and software (e.g. a computer with internet access and a current, reliable browser) on their side as well as a telecommunications connection between the business partner and the data processing centre, in which pro-bit operates the software, up to the point of transfer.


6. Intellectual Property

The company is not entitled to any rights that have not been expressly stated in the general terms and conditions.

This license agreement does not give the company the property or intellectual property rights of the software. All intellectual property rights remain with pro-bit as stated in this agreement even after the purchase of the software license.

The company is furthermore not permitted to use the software beyond the agreed time frame, let third parties use it or give access to third parties, without written consent from pro-bit. The duplication, selling or allowing third parties to use the software is prohibited. This also applies to the renting and lending of the software to third parties.


7. Legal consequences of violations and liablity

Should a user violate any regulations included in this agreement with a provided login, pro-bit is entitled to block the access of all users with prior written notification if it can be proven that the violation will be stopped with this act. If the blocking of users has been ordered by authorities to minimise risk or prevent threats to pro-bit and its customers, the notification occurs after the block has been performed.

If a user violates the obligations as stated in paragraph 3 with the provided access, pro-bit is entitled to delete the affected application data with prior written notification if it can be proven that the violation will be stopped with this act. If the blocking of users has been ordered by authorities to minimise risk or prevent threats to pro-bit and its customers, the notification occurs after the block has been performed.

Should a user violate against the permitted use as stated in paragraph 3 with the provided access, and should they not cease the violation within 10 days of receiving written warning by pro-bit, pro-bit is entitled to an extraordinary termination of the contract without the adherence to a notice period.

If a user enables culpable access to the system to third parties or accepts assent, a contract fine of 2,000 Euros per authorized user will become due immediately.

The assertion of further compensation remains reserved; in this case the contract fine will be credited the compensation. 

Should the company collect, process or use personal data, the responsibility of the correct handling in regards to the privacy policies lies with the company. Should the policies be violated, the company exempts pro-bit from any claims from third parties.

If a user of the company violates the rights of third parties with a contractually provided access, the customer releases pro-bit from all third party claims upon first request.

The liability limits from the general terms and conditions of pro-bit remain unaffected by the provisions of these terms of use.


8. Availabilty

pro-bit is obligated to provide the availability of the software and the application data at the transfer point.

Obligatory availability is 99% annual average, based on twenty-four hours a day, seven days a week. Downtime due to maintenance and software maintenance, in particular planned unavailability, as well as times in which the software cannot be reached due to technical or other problems that are beyond pro-bit's control (e.g. force majeure, third party fault, etc.) are excluded from availability.

pro-bit will repair the software defects reported by the customer within a reasonable period.


9. Obligations of the company

The company ensures that the use of the software only takes place within the permitted use according to paragraph 3 and protects this permitted use by suitable and necessary measures. This applies in particular to the use of each access by only one person (named user). The company will inform pro-bit immediately if it is suspected that the access can be used by unauthorized persons.

The company ensures that the authorized users are informed of the provisions of this agreement.

The company reports impairments to the use of the software, which he believes should be repaired by pro-bit, in text form by ticket (team@pro-bit.de) to pro-bit. In the notification, the company must describe the existing impairment of use as specifically as possible, in particular the conditions under which it occurs, symptoms and effects. Where possible, the company combines these descriptions with relevant screenshots.

The company ensures that all rights of third parties are respected when handling the software and the contained or created data. This also includes that the privacy policy is given the necessary attention when using the software and that any necessary consent for data processing is obtained.

The company is responsible for the backing up of application data at appropriate intervals.

The obligation for daily backups to be made by pro-bit remains unaffected.


10.License fee

License fee and scope of use are contractually agreed or are based on the pro-bit offer.

Other services such as user support or training require a separate contractual agreement/offers.

All remuneration is to be paid in advance in addition to VAT in the applicable statutory amount.

11.Data privacy and security
Both pro-bit and the company will respect the applicable data protection regulations and inform their employees and/or users employed in connection with the contract and its implementation of these regulations or ensure that these regulations are adhered by.

The services under this contract are provided by pro-bit as contract data processing on behalf of the company, so far as the data to be processed is personal. The company is the client and responsible body as stated in the Federal Data Protection Act. pro-bit is obliged to keep personal data processed on behalf of the company secret and may only process as instructed by the company.

pro-bit will only collect and use customer-related data to the extent required for the implementation of this contract. The customer agrees to the collection and use of such data to this extent.

pro-bit protects the provided services and systems as well as the application data stored by the company or provided data of pro-bit that regards the company and possibly other data against unauthorized access, storage, modification or other unauthorized access or attacks of any kind. For this purpose, pro-bit will take the appropriate and customary measures that are required according to the current technical status, including virus protection and protection against malware as well as other safeguards.

The customer is entitled to convince himself of pro-bit’s compliance with data protection regulations as well as other legal and contractual handling of personal data in the context of the operation of the software according to this contract. The parties agree on the time and type of examination with due prior notice.

Further general confidentiality provisions can be found in the General Terms and Conditions (GTC) of pro-bit, which in this respect take precedence over these special terms of use.

 

April 2020

 

REVOCATION


You have the right to revoke the contract without reason within fourteen days.

The revocation period is fourteen days from the date of the contract conclusion.

To use your revocation right please contact us, the

pro-bit werbeagentur e.K. 
Volker Bialluch
Elbestraße 1
26135 Oldenburg
Telefon: +49 441 23350100
E-Mail: team@pro-bit.de

via post, telephone or e-mail with a clear statement (e.g. a letter by post, telefax or e-mail) that you want to revoke the contract. You can use the sample revocation declaration below.

To use the right of revocation, you must inform us of the revocation before the end of the revocation period.


Results of the revocation

If you choose to revoke the contract, we must reimburse all payments made including delivery costs (with the exception of costs invoked by you due to a different type of delivery chosen by you, that is not our offered standard delivery means) immediately and latest within fourteen days of the date of revocation by you. For this reimbursement we will use the same means of payment as originally used for this transaction, if not otherwise explicitly discussed with you. Under no circumstances will the incurred support costs for these transactions be charged.

If work has been started during the revocation period by your instructions, an adequate sum will be invoiced, which will be calculated in relation to the total work to be done as per the contract. 

Sample revocation declaration

(If you would like to revoke the contract, fill out the form below and send it to us. )

  • to the pro-bit werbeagentur e.K. Volker Bialluch, Elbestraße 1, 26135 Oldenburg, Telephone: +49 441 23350100, E-Mail: team@pro-bit.de
  • I hereby revoke the accepted contract for the following services:
  • Signed on (*)
  • Name of the consumer
  • Address of the consumer
  • Signature of the consumer (if revocation is being sent by post)
  • Date
    ____________________________________________