Status Dezember 2017
§ 1 Scope
(1) These terms and conditions shall apply to contracts between us, OPROMA UG (haftungsbeschränkt), Korbiniansweg 6, 84544 Aschau am Inn, Germany („supplier”) and the individual customer (“customer”) for the purchase of products and services offered through the supplier’s websites www.oproma.de, www.portal.oproma.de and www.my.oproma.de.
(2) The terms and conditions may be requested by the costumer at any point in writing or by sending an email to email@example.com.
(3) By registering on the webpages www.oproma.de, www.portal.oproma.de and www.my.oproma.de or by ordering any of the products or services thereon the customers agrees that the version of these terms and conditions published on the date time of the registration or order shall be applicable to all contractual relationships between the parties.
(4) The legal relationship between the parties is governed by these terms and conditions only. The supplier objects to any contrasting terms and conditions of the customer. Contrasting terms and conditions shall not be applicable even when the supplier has not explicitly objected to them.
§ 2 Objective and Conclusion of Contract
(1) The contract governs the purchase and use of an online project management software, offered by the supplier as a software-as-a-service (SaaS; Cloud). Using the software platform, users may create and coordinate projects and connect with other users to edit the projects collaboratively. In addition, projects, job offers, company and personal profiles can be published and managed.
(2) Certain functions of the software and the supplier’s websites can be used free of charge. A contract regarding such use of the products and services provided by the supplier will be concluded as soon as the supplier confirms the customer’s registration on any of its websites.
(3) A further contract regarding fee-based products and services will be concluded as soon as the customer, upon successful registration, completes the following steps:
a. entering of personal information in the customer’s profile,
b. selection of the desired software package,
c. confirmation of personal information and invoice address,
d. confirmation of all details of the booking order on a summary screen,
e. selection of payment method and click on “continue subject to charge” (in case of payments via PayPal) or “order subject to charge” (in case of payment via invoice).
f. In cases of payment via PayPal: completion of PayPal payment process.
(4) The terms and details of each contract will be saved and stored digitally on the servers of the Supplier after the contract has formed.
§ 3 Software Packages - Conditions of Payment - Trial Periods
(1) Every customer may test a software package for up to 30 days free of charge. Upon ending of the trial period ends, all rights to access and use the functions of that software package will automatically terminate. To continue to use the functions of the software package, the customer must book the software package.
(2) The usage of the software package “One” is free of charge.
(3) Further software packages (“Start-Up”, “Business” and “Services”) are available for the costs outlined on the individual product page. An overview over the range of functions of each software package may also be accessed on the individual product page. The usage of the package “Services” requires an individual offer by the supplier, which will be send to the customer and may thereupon be accepted via mail, fax or in writing.
(4) Other services such as courses may be booked separately. Those are subject to an individual agreement between the parties.
(5) All prices are final prices and include value added taxes (VAT).
(6) Entrepreneurs with a business registered within the past 12 months, students and pupils may use the software package “Start-Up” free of charge for a period of up to 12 months upon registration. Prove of qualification for these special conditions is required. Upon receipt of a copy of the business registration, certificate of studies or student card the supplies grants access to the functions of the software package.
(7) The Buyer may select one of the following payment methods:
a. Payment service provider (PayPal)
Payments via PayPal are conducted using the services of PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The payment service provider allows the Supplier and the Buyer to process the payment among one another by forwarding the payment by the Buyer to the Supplier. Further information on the services of PayPal and PayPal’s terms and conditions can be found here: https://www.paypal.com/ie/webapps/mpp/ua/legalhub-full?locale.x=en_US. An invoice will be issued to the customer via mail immediately upon receipt of full payment.
b. Invoice Payments
The invoice sum is to be paid without deduction within 14 days of the invoice date.
(8) Other methods of payment are not accepted.
(9) Invoice will be stored any may be accessed by the customer at any point in time by selecting “Invoices” in the customer’s user account.
(10) The statutory regulations concerning the consequences of default in payment shall apply.
(11) The customer shall only have a right of retention or right of set off regarding those counter-claims that are not disputed or that have been recognized by declaratory judgment or that are not linked synallagmatically unless the counter-claim relates to a breach of material contractual obligations by the Supplier. If the Buyer is deemed a business in the sense of Section 14 of the German Civil Code (BGB), the Buyer may exercise a right of retention only if the counterclaim is based on the same contractual relation.
§ 4 Contractual Terms – Trial Periods – Termination
(1) The parties are bound to these terms and conditions and the underlying contract for the period of the customers registration on the supplier’s webpage, at least, however, until any booked software package expires.
(2) Customers may choose software package terms. The following package terms are available: free-of-charge trial period of 30 days and regular terms of 30, 90, 180 and 360 days. Upon ending of the booked software package term, all rights to access and use the functions of that software package will automatically terminate. To continue to use the functions of the software package, the customer must book the software package.
(3) The customer may at any point in time chose to delete the customer’s individual account even before a booked package term ends. However, no payments received by the Supplier will be reimbursed in the latter event. Upon deletion of the customer’s account, all data connected to that account will be irreversibly deleted.
(4) The supplier retains the right to discontinue the software package “One”. In such event, customers will be notified via mail at least 14 days in advance.
§ 5 Instructions on Withdrawal for Consumers
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (OPROMA UG (haftungsbeschränkt), Korbiniansweg 6, 84544 Aschau am Inn, firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
End of Instructions on Withdrawal
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
OPROMA UG (haftungsbeschränkt)
84544 Aschau am Inn
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
§ 6 Customer Obligations
(1) Only complete and accurate data may be transferred to the supplier or entered into input masks on webpages or in the software of the supplier. Customers shall be liable for the foregoing. The supplier retains the right to refuse any requests or inquiries by the customer should there be a sufficient indication of data entered or transferred by the customers being incomplete or inaccurate or insufficient. In cases of intentional transferring or entering of incomplete, inaccurate or insufficient data, the supplier retains the right to claim compensation from the customers for any damages incurred.
(2) Customers may not create or link content that is illegal or in violation of public order, offensive, threatening, glorifying violence, racist or sexually offensive, or which may be deemed so by an objective and unbiased observer, or which violates intellectual property rights, competition rights or trademark law, or which may hurt the religious feelings of others, denigrate people with differing political convictions, or which may pose a risk to the morals or well-being of children and adolescents.
(3) All property rights, rights of use and intellectual property rights regarding content, display, logos, graphics and pictures on the supplier’s webpages, software and databanks remain with the supplier or the respective holder.
(4) The customer will be liable for any damages incurred by the supplier due to claims by third parties based on a violation of any of the aforementioned obligations of the customer.
§ 7 Liability and Representations
(1) The display on the supplier’s website of information and data regarding projects and data of customers is based on the information given by customers. The supplier is not liable for the accuracy or completeness of the information presented regarding projects and data of costumers. The supplier is neither liable for the timely complete and accurate forwarding of information to and between customers.
(2) The supplier has no influence over the availability of projects displayed on the webpages or in the software. Therefore, the supplier is not liable for the availability of projects. The supplier gives no guarantees or representations regarding those projects.
(3) The supplier aims to make its software solutions and services on its websites available regardless of the hardware and software configuration chosen by customers. Nonetheless, certain hardware and software configurations chosen by the customer may cause limited availability or render services entirely unavailable. The supplier is not liable for any such limited availability that is caused by specific configurations of the hardware and software of a customer.
(4) The supplier is not liable for any temporary or minor inaccessibility of its websites or software or any inaccessibility caused by factors outside of the supplier’s realm. This applies specifically to an inaccessibility during maintenance of the supplier’s website or servers. Maintenance will be conducted on weekends from 8 PM until 6 AM. Customers may not claim reductions, rescission, damages, or refund because of any such inaccessibility. The supplier will also not be liable for any inaccessibility or malfunctioning caused by an unauthorized use of the customer’s account if the customer is responsible for any such unauthorized use.
(5) Claims for damages by the customer shall be excluded subject to the following exceptions. The exclusion of liability applies also to claims for damages brought forward by the Buyer against vicarious agents or representatives of the Supplier. The exclusion of liability does not apply in cases of statutory obligatory liability, especially in cases involving the Supplier’s intentional or grossly negligent breach of duty or intentional or grossly negligent breach of duty of a vicarious agent or representative of the Supplier or in the event of injury to life, limb and health of the Buyer or in the event of a material breach of contractual obligations, which reasonably must be performed to achieve the objective of the contract.
(6) The supplier’s website may contain references (e.g. through a hyperlink, banner or button) to third party websites. The supplier has no control over these websites and is not responsible for the content of such websites, nor does the content on such websites constitute a representation of the supplier. The supplier does not check the content of those pages. The supplier has no knowledge of illegal content of any of those pages.
§ 8 Data Protection
The supplier handles the data of customers and users in accordance with the regulations of the German data protection law. A comprehensive policy of how data is collected, stored and processes may be found here:
§ 9 Form of Declarations
Legally relevant declarations and representations by the customer must be made in writing.
§ 10 Jurisdiction and applicable Law
(1) The Law of the Federal Republic of Germany shall exclusively apply to all legal relations between the customer and the supplier unless consumer protection rules in the supplier’s home country or country of permanent residence offer superior consumer protection (Art. 6 VO [EG] 593/2008). These stipulations shall also apply if the customer is a foreigner or its registered office is located abroad.
(2) Statutory regulations regarding places of jurisdiction shall apply unless otherwise specified by the following provision.
(3) Place of jurisdiction for legal disputes with customers that are merchants or legal entities under public law or public special fund is at the supplier’s registered office. The supplier reserves the right to bring an action against the customer at its general legal venue. In cases of legal disputes with costumers who qualify as consumers under German law, the place of jurisdiction shall be at the supplier’s registered office if the costumer has moved his or her place of residence or habitual residence outside of Germany after conclusion of the contract or if the place of residence or habitual residence of the customer is unknown at the time of filing an action.
§ 11 Implementation of the Directive on Alternative and Online Dispute Resolution
Online Dispute Resolution according to Art. 14 para. 1 EU Directive 2013/11: The European Commission provides a platform for alternative and online dispute resolution, which can be found here: http://ec.europa.eu/consumers/odr/.
Our mail address is email@example.com.