General Terms and Conditions
Here you will find the General Terms and Conditions of 5 POINT AG for the use of projectfacts
General Terms and Conditions
1. scope of application
These terms and conditions apply to all works, performances and services that 5 POINT AG, Darmstadt (hereinafter referred to as the provider) provides to users with regard to the projectfacts software it has developed, whether for a fee or free of charge. Conflicting terms and conditions shall not apply unless the provider agrees to them in writing.
2. object of business
The Provider makes its projectfacts software and the associated additional services available to all Internet users within the framework of the following terms and conditions. projectfacts is a web-based time recording and project controlling system for the management of companies that mainly work on a project-oriented basis and wish to know the current status of their company and individual projects at all times. For this purpose, all times, income and expenses can be assigned to the respective customers, projects and cost centers.
In order to be able to pursue these purposes, projectfacts offers users the possibility to retrieve and update all facts about their realized, current and planned projects at any time at the push of a button. In detail, projectfacts offers the following technical options:
- Time recording
- Project controlling
- Area planning
- Income statement
- Vacation planning
- Strategy development
- Worldwide access
- Overview of your company’s expenses and income
3. authorization of use / prices
In principle, anyone is permitted to use projectfacts on the Internet. The provider distinguishes between free and paid use of projectfacts. The use of projectfacts for test purposes is free of charge.
projectfacts grants the user the right to use a test version of the software for a test period specified in the software. This is freeware software, as it can be downloaded free of charge from the projectfacts homepage, apart from the connection costs to the Internet. The trial version corresponds in all functions to the corresponding full version.
The full version of projectfacts can only be used after prior registration. The use of the full version is subject to a fee. projectfacts provides the registered user with updates at unspecified intervals for the duration of the respective registration period.
The contractual partner and party responsible for the projectfacts software, the content it distributes and compliance with these terms and conditions by all members is the respective founder, who must register using the registration form at the start of use. The contract is concluded when the registration form is sent.
The prices are net prices. The prices in the current price list plus the respective statutory VAT shall apply. Other deliveries and services for which no price has been agreed at the time of ordering shall be invoiced at the list prices valid on the day of performance. We reserve the right to change charges.
4. type and manner of use
The posting and dissemination of any material that violates German laws, in particular criminal laws, and the sending of messages or other material that violates the laws of the respective recipient country is prohibited. We reserve the right to assert claims for damages in such cases.
All clients undertake to observe the provider’s copyright, to safeguard it within the scope of their use and not to reproduce, transfer or otherwise disseminate any copyrighted information, software or other content made available by the provider.
The applicant undertakes to indemnify the provider against all claims for damages brought against the provider by third parties due to damage caused by a client in connection with the use of projectfacts.
The provider is permitted to place advertising banners, sponsorship contributions or other own and third-party advertising material anywhere within the services and capacities provided, including e-mails, SMS or other electronic messages sent via projectfacts.
5. availability / warranty
The Provider operates projectfacts with due care and reliability. It endeavors to ensure the constant availability of projectfacts. However, the user acknowledges that for technical reasons and due to the dependence on external influences, e.g. in the context of telecommunications networks, uninterrupted availability of projectfacts cannot be realized, which is why the user is not entitled to constant access. Merely temporary access restrictions do not grant warranty claims or a right to extraordinary termination. In addition to the prevention of access due to external influences beyond the control of the provider, the provider reserves the right to restrict access temporarily and/or extensively in the following cases in particular:
- Temporary blocking of projectfacts for the maintenance of technical improvements, elimination of errors and faults, etc.
- Reorganization / restriction of the possibilities of use in accordance with section 2 of these terms and conditions
- Reorganization / restriction of the criteria for the right of use in accordance with section 3 of these terms and conditions
In the event of a permanent restriction of access options, a claim to a reduction or a right to extraordinary termination only exists if this restriction affects essential rights and obligations within the meaning of Section 9 AGBG and this leads to a threat to the purpose of the contract.
The provider is only liable for damages in the event of intent or gross negligence. In particular, the provider accepts no liability for loss of data, misuse or any other disruption, insofar as this has its origin outside of projectfacts on the Internet, in the telecommunications network or other sources beyond the control of the provider. In the event of grossly negligent damage to individual users or a team, liability for direct and indirect consequential damage, including loss of profit, is excluded.
6. revocation / termination
The registrant of projectfacts has the right to revoke this registration within 14 days of sending the registration; the deadline is met by sending the revocation in good time. Regardless of the time of registration, the right of revocation expires upon receipt of the user fees when the services are provided by the provider. Ordinary termination is excluded.
If access to projectfacts is not properly terminated in writing at least 1 month before the license expires, the license is extended.
7 Place of performance, applicable law, place of jurisdiction
The place of fulfillment is Darmstadt. The law of the Federal Republic of Germany shall apply exclusively; for the use of projectfacts by merchants within the meaning of commercial law, the place of jurisdiction for all disputes in direct or indirect connection with the use of projectfacts shall be Darmstadt.
Status: February 2009
