General Terms and Conditions

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts between Martin Stein, acting under the brand 4BIZZ (hereinafter "Provider"), and the client (hereinafter "Customer") regarding the use of the Software-as-a-Service (SaaS) offerings and related services.

(2) These GTC are addressed exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). Use of the services by consumers is excluded.

(3) Deviating, conflicting or supplementary terms of the Customer only become part of the contract if the Provider has expressly agreed to their validity in writing.

(1) The subject of the contract is the temporary provision of 4BIZZ software and systems for use via the internet (SaaS) as well as related services.

(2) The exact scope of services results from the respective service description and the chosen package or individual offer.

(3) The Provider makes the software available in the current version. The Customer has no claim to the retention of a specific version.

(1) The presentation of services on the website does not constitute a legally binding offer. By placing an order, the Customer submits a binding offer.

(2) The contract is concluded upon acceptance of the offer by the Provider, which takes place through an order confirmation by email or by activating access.

(3) The minimum contract term is 12 months, unless otherwise agreed. The contract is automatically extended by a further 12 months if it is not terminated with a notice period of 3 months to the end of the term.

(1) Fees are based on the agreed service package and the price list valid at the time of contract conclusion.

(2) All prices are in Euros plus statutory VAT.

(3) Invoices are issued monthly in advance, unless otherwise agreed. Invoices are due for payment within 14 days of the invoice date without deduction.

(4) In the event of late payment, the Provider is entitled to block access to the software and to charge default interest of 9 percentage points above the base interest rate.

(1) The Provider grants the Customer, for the duration of the contract, a non-exclusive, non-transferable right to use the software within the scope of the agreed services.

(2) Use is limited to the number of users specified in the contract. Exceeding the number of users is only permitted upon prior agreement and against corresponding remuneration.

(3) The Customer is not entitled to reproduce, decompile, modify or sublicense the software.

(1) The Customer is obliged to keep their access data secret and to protect it from access by third parties.

(2) The Customer is responsible for all content that they store, process or distribute via the software.

(3) The Customer ensures that the use of the software does not violate applicable law or the rights of third parties.

(4) The Customer is obliged to report identified defects or malfunctions to the Provider without delay.

(1) The Provider processes the Customer's personal data exclusively within the framework of applicable data protection laws, in particular the GDPR.

(2) Insofar as the Provider processes personal data on behalf of the Customer, a separate data processing agreement pursuant to Art. 28 GDPR shall be concluded.

(3) Further information on data protection can be found in the Provider's Privacy Policy.

(1) The Provider is liable without limitation for damages resulting from injury to life, body or health and in cases of intent and gross negligence.

(2) In the case of slight negligence, the Provider is only liable for breach of essential contractual obligations. In these cases, liability is limited to the foreseeable damage typical of the contract.

(3) Liability for indirect damages, lost profits and data loss is excluded to the extent permitted by law.

(4) The above limitations of liability also apply to the Provider's vicarious agents.

(1) The Provider strives for an availability of the software of 99% on annual average. Scheduled maintenance work and failures outside the Provider's sphere of influence are excluded.

(2) The Provider warrants that the software substantially corresponds to the service description.

(3) Claims for defects expire 12 months after provision of the respective service.

(1) The parties undertake to keep all confidential information of the other party obtained within the framework of the contractual relationship secret.

(2) This obligation continues even after termination of the contract.

(1) Ordinary termination of the contract is possible with a notice period of 3 months to the end of the respective contract term.

(2) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in the case of:

• Material breaches of contract despite a warning
• Payment default by the Customer of more than 30 days
• Insolvency or application for insolvency of a party

(3) Termination must be in written or text form (email).

(1) The Provider reserves the right to change these GTC with reasonable notice.

(2) Changes will be communicated to the Customer at least 6 weeks before they come into effect. If the Customer does not object within 4 weeks of receipt of the notification, the changes shall be deemed accepted.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent permitted by law, the registered office of the Provider (Cologne).

(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

(4) Ancillary agreements, amendments and additions must be made in writing. This also applies to the waiver of this written form requirement.