General Terms and Conditions for SaaS (Software as a Service) Service easy-lebenslauf.de
1 Scope, Conclusion of Contract
1.1 Passioncode GmbH provides its customers with "Software as a Service" - "SaaS Services" via the medium of the Internet.
1.2 The subject matter of the contract for easy-lebenslauf.de software results from these General Terms and Conditions as well as from the provisions made in the price lists.
1.3 Other contractual terms and conditions shall not become part of the contract, even if Passioncode GmbH does not expressly object to them. Even if this is not mentioned again when concluding a contract, only the General Terms and Conditions of Passioncode GmbH shall apply.
2 Conditions, Default
2.1 All prices published verbally and/or in writing are non-binding. Errors and last-minute price changes are reserved. All prices are net prices including VAT.
2.2 The customer can only set off with legally established or undisputed claims. The Customer shall only be entitled to rights of retention on the basis of counterclaims arising from the respective legal relationship which have been established by declaratory judgment or are undisputed.
2.3 If Passioncode GmbH intends to make any other changes to the General Terms and Conditions, the specifications of services or the prices, the Customer shall be notified of the changes in writing at least six weeks before they take effect. In the event of changes to the General Terms and Conditions, the description of services or price increases, the Customer shall have a special right of termination at the time the changes take effect. If the Customer does not give written notice of termination within six weeks of receipt of the notice of change, the changes shall become part of the contract at the time they take effect. Passioncode GmbH will expressly draw the Customer's attention to this consequence in the notice of change.
3 Standard Services
3.1 Passioncode GmbH shall be entitled to provide the Customer with access to the "SaaS Service" via the Internet for use against payment for the term of this Agreement. For this purpose, Passioncode GmbH stores the software on a server that is accessible to the Customer via the Internet. Only an Internet-capable PC and an Internet connection to an external IT service provider are required for use.
3.2 The software upgrades are automatically installed by Petros IT. Petros IT decides when and how often these updates are carried out without consulting the Customer. Software upgrades are new versions of software which, in addition to eliminating errors, essentially contain new functions or significantly expand the range of applications, flexibility or productivity and to which the Customer's claims for defects do not apply. Software upgrades are generally performed by means of data transfer. The right of use granted with the originally purchased software shall remain valid.
3.3 Special programs, program modifications or interfaces which the customer has either created specifically for the requirements of its display system or has had created by third parties cannot be the subject of this agreement. There shall be no claim to the development of special programs or the modification of standard software for adaptation to the special requirements of the customer's business.
4.1 Passioncode GmbH shall not be liable for temporary server failures, data loss (unless otherwise agreed), the correct functioning of individual programs or transmission failures from the server to the Customer itself. Passioncode GmbH cannot be held responsible for interception of the data stream between the Customer and the server by third parties, even if the Customer uses supposedly secure encryption mechanisms. Passioncode GmbH shall immediately report any successful intrusion attempts by third parties, insofar as they can be detected.
4.2 Passioncode GmbH guarantees an availability of its servers of 98% on an annual average. This does not include times when the server cannot be reached due to other technical problems beyond Petros IT UG's control (force majeure, fault of third parties, etc.).
4.3 Passioncode GmbH undertakes to take all technical precautions necessary to ensure an availability level as follows.
4.4 The "SaaS Service" is generally available to the Customer around the clock, seven days a week.
4.5 Passioncode GmbH is entitled to interrupt the availability of the Software for maintenance purposes or due to other technical requirements.
4.6 Passioncode GmbH shall continuously monitor the functionality of the data network connection between the Customer and the server on which the contractual software is stored, taking into account the availability level agreed in accordance with 2.1, and shall notify the Customer of any malfunctions without delay. Insofar as malfunctions are based on faults from the area of Passioncode GmbH, Passioncode GmbH undertakes to remedy them immediately.
5. reaction times in case of malfunctions
5.1 Passioncode GmbH guarantees a reaction time of 4 hours during normal business hours on working days (Monday to Friday between 8.30 a.m. and 5 p.m.) in the case of total software failures at the basic level. In the case of minor faults that do not result in a total software failure and occur during routine operation, Passioncode GmbH will respond within the shortest possible time, but no later than one working day after receipt of the fault report. Further levels of response times as well as other services shall be agreed in separate contracts.
5.2 If a fault report is received outside business hours, the response time shall commence at the beginning of business hours on the next working day. If it occurs within the business hours, the remaining time not yet used within the business hours shall continue to run from the beginning of the business hours of the next working day.
6. rights of use
6.1 Passioncode GmbH grants the Customer the non-exclusive and transferable right to use the associated functionality of the "SaaS Service" specified in this Agreement by means of a web browser.
6.2 The customer is not entitled to make the "SaaS Service" available to third parties for use. The customer is expressly not permitted to sublet the software.
7.1 In case of intent or gross negligence as well as in case of defects of a guaranteed characteristic Passioncode GmbH shall be liable without limitation for all damages resulting therefrom.
7.2 Passioncode GmbH shall not be liable for any further damages, in particular for data loss or hardware malfunctions caused by incompatibility of the components existing on the Customer's PC system with the new or modified hardware or software and for system malfunctions that may be caused by existing misconfiguration or older, interfering drivers that have not been completely removed.
7.3 Claims of the customer for damages are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
7.4 In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
7.5 Liability for loss of profit is excluded vis-à-vis entrepreneurs subject to para. 1.
7.6 The Provider points out that the Customer itself is responsible for compliance with data protection regulations, in particular according to the BDSG and the DSGVO, and must instruct the participants accordingly.
7.7 The Provider points out that according to the current state of the art it is not possible to create hardware and software in such a way that it works error-free in all application combinations or can be protected against manipulation by third parties. The provider does not guarantee that the hardware and software used or provided will meet the customer's requirements, that it is suitable for certain applications, or that it is free of crashes, errors or viruses. The Provider warrants to the Customer only that the hardware and software used or provided will function substantially in accordance with the service description at the time of transfer, under normal operating conditions and with normal maintenance.
7.8 The limitations of liability shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
8 Force Majeure
8.1 Passioncode GmbH shall be released from any obligation to perform under this Agreement if and to the extent that the failure to perform is due to circumstances of force majeure occurring after the conclusion of the Agreement.
8.2 All circumstances of force majeure shall be deemed to include, for example, war, strikes, riots, radical changes in the law, storms, floods, and other natural disasters, as well as other circumstances for which Passioncode GmbH is not responsible, such as and in particular water ingress, power failures and interruptions or destruction of data-carrying lines.
8.3 Each contracting party shall immediately notify the other contracting party of the occurrence of a case of force majeure by e-mail, fax or letter.
9 Data protection, data security and confidentiality
9.1 Both parties shall observe the applicable data protection provisions, in particular those valid in the Federal Republic of Germany, and shall oblige their employees employed in connection with the contract to maintain data secrecy in accordance with Section 5 of the German Federal Data Protection Act (BDSG), insofar as they are not already under a general obligation to do so.
9.2 If the Customer collects, processes or uses personal data, it warrants that it is entitled to do so under the applicable provisions, in particular the provisions of data protection law, and in the event of a breach it shall indemnify Passioncode GmbH against any claims by third parties.
9.3 The Customer shall remain "master of the data" both in terms of contract law and data protection law. And shall have sole authority with regard to the power of disposal and ownership of all customer-specific data.
Passioncode GmbH does not carry out any control of the data and contents stored for the customer with regard to a legal admissibility of the collection, processing and use. The responsibility for this lies exclusively with the customer. This also applies if and to the extent that a change or addition is made to Customer-specific data.
9.4 The software application, server and operating software as well as other system components of Passioncode GmbH are operated in a computer center. Passioncode GmbH is entitled to subcontract. In this case Passioncode GmbH shall impose the corresponding obligations on the subcontractor.
9.5 The Customer agrees to the storage of personal data within the scope of the business relationship with the Provider, in compliance with data protection laws, in particular the BDSG and the DSGVO. Data will not be disclosed to third parties unless this is necessary for the performance of the contract.
9.6 The rights of the customer arise in particular from the following standards of the DSGVO:
- Article 7 (3) - Right to revoke consent under data protection law.
- Article 15 - Right to information of the data subject, right to confirmation and provision of a copy of the personal data
- Article 16 - Right to rectification
- Article 17 - right to erasure ("right to be forgotten")
- Article 18 - right to restriction of processing
- Article 20 - right to data portability
- Article 21 - right to object
- Article 22 - right not to be subject to a decision based solely on automated processing, including profiling
- Article 77 - Right to lodge a complaint with a supervisory authority.
9.7 To exercise the rights, the Customer is invited to contact us by e-mail at info at petrosit.com or in case of complaint to the competent supervisory authority.
10 Third party rights
10.1 The customer can upload his own logos on the website and publish content in a chat. The customer hereby confirms to the provider to be the rights holder of the uploaded materials and not to violate any third party rights. In particular, it is pointed out that the use of logos of companies, associations, etc. may constitute a trademark infringement if the respective rights holder does not agree to the use.
10.2 The customer is responsible for the content of the materials provided by him. The Provider does not adopt these as its own and is also not obliged to check them for legality.
10.3 In particular, the Customer undertakes not to provide the Provider with pornographic, right-wing or left-wing extremist, racist, discriminatory, youth-endangering, violence-glorifying content or content that violates the constitution of the Federal Republic of Germany.
10.4 If a claim is nevertheless made against the Provider by third parties or state institutions due to the infringement of their rights by the use of the materials provided by the Customer, the Customer undertakes to indemnify the Provider against all claims and to bear all costs incurred by the Provider due to the claim or due to the elimination of an unlawful condition.
10.5 The indemnification by the Customer from claims against the Provider shall apply here in particular to the infringement of copyrights, trademark rights, competition rights or other property rights of third parties and shall include in particular the legal defense costs of the Provider. All further rights as well as claims for damages of the provider remain unaffected.
11 Term of Contract and Termination
11.1 Depending on the license, the contractual relationship may be terminated by either party at the end of any month or year. year. Notice of termination must be given in writing to Passioncode GmbH at least ten working days before the day, or three months in the case of annual payment, on which it is to take effect. Saturday is not considered a working day. If the Customer terminates the contractual relationship before the expiry of one month after the operational provision, the Customer shall pay a monthly fee.
11.2 The right to terminate for good cause remains unaffected. Good cause shall be deemed to exist for Passioncode GmbH in particular in cases where the Customer substantially breaches the obligations incumbent upon it.
11.3 Upon termination of the respective contract, the connection to the "SaaS Service" is blocked. Passioncode GmbH will delete the data and access codes.
§ 6 Right of Withdrawal (1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which the Provider shall inform them of below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form.
12 Cancellation policy
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax, telephone call or e-mail). For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation If you revoke this contract, we shall reimburse you all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
(2) The right of withdrawal shall also expire in the case of a contract for the supply of digital content not on a tangible medium if the Entrepreneur has commenced performance of the contract after the Consumer has expressly consented to the Entrepreneur commencing performance of the contract before the expiry of the withdrawal period and has confirmed his knowledge that by consenting he loses his right of withdrawal upon commencement of performance of the contract.
(3) The Provider shall inform about the model withdrawal form according to the legal regulation as follows:
Model revocation form (If you want to revoke the contract, please fill out and return this form).
Or by e-mail: [email protected]
- I/we () hereby revoke the contract concluded by me/us () for the following services
for the conclusion of the following services (*)/
- Ordered on ()/received on ()
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of paper communication)
(*) Please delete where inapplicable.
The cancellation can also be declared by telephone: Phone: 08761 74099 30
13 Dispute resolution
13.1 The EU platform for extrajudicial online dispute resolution can be reached at the following Internet address:
13.2 The provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
14 Place of jurisdiction and applicable law
14.1 The business relations between the Provider and the Customers shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
14.2 The place of jurisdiction and performance shall be at the registered office of the Provider in Moosburg, insofar as the Customer is a merchant within the meaning of the German Commercial Code (HGB) or a legal entity under public law or a special fund under public law. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode is unknown at the time the action is brought.
15 Scope of the GTC and amendments
15.1 By placing an order, the Customer agrees to the applicable General Terms and Conditions. Deviating GTC of the customer are not accepted, unless otherwise agreed. A corresponding agreement must be in writing to be effective.
15.2 The General Terms and Conditions may be amended by the Provider with due regard for the interests of the Customer.
16 Severability clause
Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions of these General Terms and Conditions. The invalid provision shall be replaced by a provision that comes as close as legally possible to the intention of the parties. The same shall apply in the event of a loophole.
Last Change: May 2022