Scope of Application
The sevDesk GmbH (hereinafter named sevDesk) provides its services in the context of contract negotiations on the basis of the terms and conditions, which are a part of the service contract. Deviations from these conditions are only effective, if they had been confirmed in written form by sevDesk. sevDesk is entitled to amend these terms and conditions at any time with a reasonable term of notice. After the publication of a notification of change, the customer has the exceptional right of termination. The amendments are considered as approved, if the customer does not object those changes in written form within 14 days.
The contract, offered by sevDesk for the usage of its services, is only valid, if an authorized representative of sevDesk accepts the customer’s order. Approval is given in written form or is implied by the first fulfillment action. Insofar as sevDesk is using third parties to deliver the agreed services, they will not become contract partners with the customer. sevDesk is entitled to refuse any contract conclusion without any given reason.
Contract Duration & Termination
The contracts start with the date of the first fulfillment action, unless this had not been agreed differently in the service contract. The contracts are concluded for an indefinite duration and can be properly terminated by both parties within a period of 14 days to the end of the contract. The contracts are automatically extended to the duration of the booked subscription -to one month or one year. The right of both parties for an exceptional termination (termination because of an important reason) remains unaffected. The retraction of the direct debit authorization amounts to an exceptional termination. The termination can be carried out via email or by letter and will be effective upon receipt. Fees, which had been already paid will not be refunded. With the termination of a sevDesk subscriptions, also any PayPal subscription expires.
After the expiration of the subscription, the user’s access is blocked on the system.
Scope of Service
sevDesk provides technical conditions for the publicity of programs on the internet according to the respective service contract customer and secures for the customer a 99,9% accessibility of the Portal of each product throughout the year. This does not include times, in which the computer (force majeure, third party defaults, etc.), can not be reached on the Internet due to technical or other problems, which are outside the control range of sevDesk. Planned or necessary maintenance work that can lead to downtime and were firstly notified as a maintenance window, are classified as available. Another part of the benefit obligation are the contractual agreed service packages and options. sevDesk reserves the right to modify or improve the services. In case of limitations on the scope of service, the customer has the exceptional right of termination. If services are provided for free, sevDesk is entitled to discontinue them again without notice. A claim for reduction, reimbursement or compensation can thus not be exercised. If there is a fundamental change in the legal or technical standards in the Internet, sevDesk has the allowance to terminate, if it becomes for sevDesk unreasonable, to provide their services entirely or partially within the framework of the contract.
Confidentiality and Data Protection
sevDesk is obliged, to keep all the contract related information and documents or by other circumstances all clearly noticeable business or trade secrets of the customer that are designated as confidential, secret and – unless not provided for the purpose of the contract – neither to record, pass on nor to use them. sevDesk to ensure through appropriate contractual arrangements with the male and female workers and / or agents that these refrain from their own exploitation, dissemination or unauthorized recording of such business or trade secrets. Appropriate obligations apply to the customers in terms of business and trade secrets of sevDesk. The customer agrees, that his/her data, for the settlement of the EDP business relationship, can be stored and automatically processed in the scope of the business relationship. The customer is hereby informed that sevDesk and commissioned agents will process his/her data electronically in accordance with § 33 paragraph 1 Federal Data Protection Act and in accordance with § 4 of the Teleservices Data Protection Act (TDDSG).
The customer is entitled at any time, to request the information stored to his person or his pseudonym from sevDesk free of charge. sevDesk agrees, to use these information only for the provision of services and not to give them to any third party unless such third parties are involved in the provision of services. The customer exempts sevDesk from all claims of third parties regarding to the customers left authorized data. Unless otherwise agreed, the customer allows communication via fax or email.Despite of all diligence, computer viruses can be transmitted during the communication via e-mail, etc..The customer has to take appropriate safety provisions to prevent any damage to his/her system. Emails and faxes can be read by third parties. This risk could be prevented by encryption but can not be entirely excluded. The customer takes This risk.
Terms of payment
All, specified by sevDesk, prices are exclusive of the VAT, unless otherwise shown. The agreed fixed charges are payable in advance in accordance with the contractual agreement and are due upon receipt of the invoice. The agreed fixed charges are payable each in advance in accordance with the contractual agreement and are due upon receipt of the invoice. Payments by the clients to the contractor for a use within Internet services or for other products within the system can be made by electronic direct debit, credit card and PayPal to sevDesk or via the Service PAYONE GmbH in Kiel.
Payments from the customer to the contractor for use within Internet services or for other products within the system, can be made through sevDesk or via the Service PAYONE GmbH in Kiel via electronic direct debit. Before a forwarding of the implementation of the payment is carried out to the sides of PAYONE GmbH, the client will receive an information. In the case of a billing via sevDesk, sevDesk is authorized through the customer to collect the payment, made by him/her at the expense of the by the customer named account. In case of a charge back, sevDesk is entitled to charge a processing fee of a flat rate of € 8.00. If the monthly or annual cost of the subscription can not be charged in time to the credit card or from the account of the user, his or her access to the system will be blocked. After receiving the payment, the access to the system is enabled again. Compensations for disputed and not legally established counterclaims, as well as the withholding of payments by the customer due to counterclaims from other contractual relationships are excluded. Payments are always credited to the oldest outstanding claim. A change from a monthly to an annual subscription is possible with effect on the first day of the next billing month. The subscription will be automatically extended to one year. The same applies to the change from a monthly / annual subscription to another monthly / annual subscription. A change from an annual to a monthly subscription is possible until the last day of the financial year and effective from the first day of the next financial year, insofar there is an opportunity of a monthly subscription. The subscription will run automatically on monthly basis.
Obligation to cooperate and Customer Obligations
The customer is obliged, to provide a sufficient account coverage to the by him/her specified direct debit authorized account. The customer has to assure that the information data,which is provided, is correct and complete and that he/she does not take the services of sevDesk as a consumers. He/she is obliged to immediately inform sevDesk about any changes of the provided data (in particular about changes of data of the customer’s bank account).
The customer exempts sevDesk from any third party claims of infringement of their protective rights through the, of the customer or over the Internet presented transmitted content. The exemption is carried out in such a way, that the customer has to compensate sevDesk for all created expenses, including costs for the claim of legal defense on the part of third parties.
The customer is liable for all damages and legal consequences, arising to sevDesk or its agents, because of an improper or illegal use of the Portal.
Limitations of Liability
Damage claims for breaches of duty due to contractual obligations and illegal action, can only be executed, if there is evidence for intentional grossly negligent behavior of sevDesk and its vicarious agents.The aforementioned disclaimer does not apply to the violation of the essential contractual obligations (cardinal obligations). Additionally, the liability of sevDesk also remains unaffected because of assured characteristics in case of personal injuries and mandatory legal provisions. sevDesk is not responsible for service disruptions due to force majeure, in particular during a failure or overload of global communications networks. For this reason, the customer can not claim a reduction of his service obligation. sevDesk is not liable for its published information on their services. It is the consignor, being responsible for their accuracy, completeness and validity. sevDesk not liable for damages, that may occur by the customer due to lack of safety provisions during the data transfer. A possible liability for damages is limited to the amount of the annual fee. The liability for damages, due to data loss, is limited to the amount that would have resulted with a proper data protection, however, this may not exceed the annual fee. Any compensation claims of the customer expire one year after its creation, to the provisions of § 202 BGB. This abridgment does not apply if sevDesk acted with gross negligence or with intent.
If any provision of these terms and conditions is invalid, the validity of the remaining provisions shall not be affected.
Governing Law and Jurisdiction
German law applies. Place of jurisdiction for any disputes, arising from the contractual relationship of the parties, is Offenburg.