General terms of business
of 5 POINT AG, Darmstadt, Germany for the use of projectfacts!
1. Scope of application
These terms of business apply to all works, services and performances, which 5 POINT AG, Darmstadt (hereinafter: Supplier) renders to users either gratuitously or for a fee with regard to its proprietary projectfacts software. Deviating terms of business shall not apply, insofar as the Supplier does not agree to such in writing.
2. Object of business
The Supplier provides all Internet users its projectfacts software and the associated additional services within the framework of the following terms of business. projectfacts is a web-based timekeeping and project controlling system for managing companies which mainly work on a project basis and would like to know the current status of their company and individual project at any time. The system can be used to allocate all times, incomes and expenses to the respective customers, projects and cost items. In order to be able to pursue these purposes, projectfacts offers users the option to access and update all information about their completed, ongoing and planned projects at any time through the click of a button. projectfacts offers the following technical functions specifically:
- Project controlling
- Department planning
- Calculating success
- Holiday planning
- Strategy development
- Global access
- Overview of your company's expenses and earnings
3. Usage authorisation / prices
Everyone is generally permitted to the online use of projectfacts. The Supplier distinguishes between the gratuitous use and fee-based use of projectfacts. The use of projectfacts is free of charge for test purposes.
projectfacts grants the user the right to use a test version of the software for a test period specified in the software. This concerns freeware software as it can be downloaded from the projectfacts homepage free of charge, excluding the costs of connecting to the Internet. The test version is equivalent to the respective full version in all functions.
The full version of projectfacts can only be used after prior registration. The use of the full version is subject to costs. projectfacts shall provide the registered user with irregular ad-hoc updates during the period of the respective registration period.
The contract partner and responsible party for the projectfacts software, the content it distributes and the adherence to these terms of business by all members is the respective company founder, who is required to register upon the beginning of use by means of the registration form. The contract comes into effect upon the submission of the registration process.
The prices are stated net. The prices given in the current price lists are applicable in addition to the respective statutory rate of value added tax. Other performances and services for which no price has been agreed at the time of ordering, shall be charged at the list prices valid on the day of their provision. Prices are subject to change.
4. Nature and manner of use
The use and distribution of any material that violates German law, in particular criminal law, as well as the sending of messages or other material that violates the laws of the respective recipient country, is not permitted. The assertion of compensation claims for such cases remains reserved.
All clients undertake to observe the Supplier's copyright and safeguard it in the context of their use, and also undertake not to duplicate, transmit or distribute by other means any copyright-protected information, software or other content provided by the Supplier.
The user undertakes to indemnify the Supplier from all compensation claims asserted by third parties on the basis of damages caused by a client in conjunction with the use of projectfacts.
The Supplier is permitted to place advertising banners, sponsored posts or other internal or external advertising material anywhere within the services and capacities provided, including emails, SMS or other electronic messages sent via projectfacts.
5. Availability / warranty
The Supplier operates projectfacts with due care and reliability. It endeavours to maintain the constant availability of projectfacts. However, the user acknowledges that for technical reasons and due to the dependency on external influences such as within the telecommunications networks, the uninterrupted availability of projectfacts is not possible; the user therefore has no claim to constant availability of access. Merely temporary access limitations neither provide grounds for warranty claims nor a right to extraordinary termination. For the prevention of access caused by external influences beyond the control of the Supplier, the Supplier reserves a temporal and/or circumferential access limitation in the following cases in particular:
- temporary suspension of projectfacts in order to conduct technical improvements, rectify errors and disruptions etc.
- reorganisation / restriction of the usage options pursuant to Section 2 of these terms
- reorganisation / restriction of the criteria for usage authorisation pursuant to Section 3 of these terms
In the event of ongoing limitation of access availability, there shall only be a right to reduction or a right to extraordinary termination if this limitation concerns important rights and duties in the terms of Section 9 of the General Terms and Conditions Act (AGBG) and this leads to the jeoporadising of the purpose of the contract.
The Supplier shall only be liable for damages in the event of intent or gross negligence. In particular, the Supplier accepts no liability whatsoever for data loss, misuse or any other disruption, provided this originates outside of projectfacts on the Internet, in the telecommunications network or other sources outside the Supplier's control. In the event of the gross negligent damage of an individual user or team, the liability is excluded for direct and indirect consequential damages including loss of earnings.
6. Revocation / termination
The user of projectfacts is entitled to revoke this registration within 14 days after sending the registration information; the period is granted upon the punctual sending of the revocation. The right to revocation elapses regardless of the time of registration upon receipt of the usage fees with the provision of services by the Supplier. Ordinary termination is excluded.
In the event the access to projectfacts is not properly terminated in writing no later than 1 month prior to the expiration of the licence, the licence shall be extended.
7. Place of fulfilment, applicable law, jurisdiction
The place of fulfilment is Darmstadt, Germany. The law of the Federal Republic of Germany applies exclusively. Darmstadt is the place of jurisdiction for all disputes arising directly or indirectly in relation to the use of projectfacts by merchants in the terms of Commercial Law.
Version: February 2009