General terms and conditions of 5 POINT AG
for the use of projectfacts
General tems and conditions
1. Scope of application
These terms and conditions apply to all works, services and performances which 5 POINT AG, Darmstadt (hereinafter referred to as the "Provider") provides to users against payment or free of charge with regard to the projectfacts software developed by it. Conflicting terms and conditions are not valid unless the Provider agrees to them in writing.
2. Business purpose
The provider makes his 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, which mainly work project-oriented and want to know the current status of their company and the individual projects at any time. For this purpose all times, revenues and expenses can be assigned to the respective customers, projects and cost centers.
In order to be able to pursue these purposes, projectfacts offers the users the possibility to retrieve and update all facts about their realized, current and planned projects at any time by pressing a button. In detail projectfacts offers the following technical possibilities:
- Time recording
- Project Controlling
- Area Planning
- Income statement
- Holiday planning
- Strategy development
- Global access
- Overview of your company's expenses and income
3. Right of use / prices
The internet use of projectfacts is basically permitted to everyone. 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, since it can be downloaded free of charge from the homepage of pojectfacts apart from the connection costs to the Internet. The test 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 in undefined intervals during the registration period.
The contractual partner and person responsible for the software projectfacts, the contents distributed by him and the adherence to these terms and conditions by all members is the respective founder, who has to register with the registration form at the beginning of use. The contract is concluded with the sending of the registration form.
The prices are net. The prices of the current price list plus the respective legal sales tax are decisive. Other deliveries and services, for which no price was agreed at the time of their order, will be charged at the list prices valid on the day of performance. We reserve the right to change fees.
4. Type and manner of use
The posting and distribution of any material that violates German laws, especially criminal laws, as well as 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 respect the Provider's copyright, to protect it within the scope of their use and not to reproduce, transmit or otherwise distribute any copyrighted information, software or other content made available by the Provider.
The applicant undertakes to indemnify the provider from all claims for damages which are raised against the provider by third parties due to damage by a client in connection with the use of projectfacts.
The provider is allowed to place advertising banners, sponsor contributions or other own and external advertising material at any place within the provided services and capacities including e-mails, SMS or other electronic messages sent via projectfacts.
5. Availability / Warranty
The provider operates projectfacts with the necessary care and reliability. He strives for a constant availability of projectfacts. The user acknowledges, however, that for technical reasons and due to the dependence on external influences, e.g. in the framework of the telecommunication networks, an uninterrupted availability of projectfacts is not realizable, which is why the user has no claim to permanent access. Only temporary access restrictions do not grant warranty claims or a right to extraordinary termination. Beyond the prevention of access due to the controllability of the provider of withdrawn external influences, the provider reserves the right to restrict access in terms of time and/or scope, especially in the following cases:
- Temporary blocking of projectfacts for the maintenance of technical improvements, elimination of errors and disturbances etc.
- Reorganization / restriction of the possibilities of use according to number 2. of these conditions
- Reorganization/restriction of the criteria for the right of use according to section 3 of these terms and conditions
In the event of a permanent restriction of the access possibilities, a claim to a reduction or a right to extraordinary termination only exists if this restriction covers essential rights and obligations in the sense of § 9 AGBG and if this leads to a jeopardization of the purpose of the contract.
The provider is only liable for damages in case of intent or gross negligence. In particular, the provider assumes no liability for data loss, misuse or any other disturbance, as far as these originate outside of projectfacts in the internet, in the telecommunication network or other sources which are beyond the provider's influence. In case of grossly negligent damage to individual users or a team, the liability for direct and indirect consequential damages including lost profit is excluded.
6. Revocation / Termination
The applicant of projectfacts has the right to revoke this registration within 14 days after sending the registration; the time limit is kept by sending the revocation in time. The right of revocation expires independently of the time of the registration after receipt of the user fees with provision of the services by the provider. The ordinary termination is excluded.
If the access to projectfacts is not duly terminated in writing at least 1 month before the expiry of the license, the license is extended.
7. Place of performance, applicable law, place of jurisdiction
The place of performance is Darmstadt. The law of the Federal Republic of Germany applies exclusively; for the use of projectfacts by merchants in the sense of commercial law, the place of jurisdiction for all disputes in direct or indirect connection with the use of projectfacts is Darmstadt.
Status: February 2009