General Terms and Conditions (GTC) for the use of the Services in connection with the Noda Cloud WFM Software
Art. 1 Scope of application and contracting parties
1. These General Terms and Conditions apply to all services (hereinafter referred to as "Services") of SoftBCom Berlin GmbH, Schiffbauerdamm 19, 10117 Berlin (hereinafter referred to as "Provider") to its contractual partners (hereinafter referred to as "Customer"), hereinafter jointly referred to as "Parties", in connection with the software application "Noda Cloud WFM", which is provided by the provider for the use of the services (hereinafter referred to as "Service").
2. The Services may only be used by companies and exclusively for business purposes. Consumers and private individuals (non-entrepreneurs) are excluded from the conclusion of the contract as customers.
3. Our offers, contracts and deliveries are subject exclusively to the individually negotiated contractual agreements and in addition to our General Terms and Conditions (GTC). Other general terms and Conditions of contract are not accepted by us, not even in the case of the unconditional execution of the delivery. These General Terms and Conditions also apply to all future supply relationships. At the latest with the receipt or payment of our service, the customer declares his agreement with our General Terms and Conditions. Conflicting conditions do not become part of the contract, even if we do not object to them or fulfill them without reservation or accept payments.
4. Conflicting conditions only become part of the contract if we confirm them in writing in accordance with § 126 BGB. This also applies to contract changes.
Art. 2 Subject of the contract
1. The subject of the contract is the regulation of the use of the version of the Noda Cloud WFM software provided by the provider at the time of conclusion of the contract as well as the additional services of the provider, which are provided by the customer for an agreed fee.
2. These General Terms and Conditions also regulate the use of the Services for testing purposes.
3. The Internet connection of the customer, the maintenance of the network connection as well as the procurement and provision of the hardware and software required by the customer to use the services of the provider are not part of this contract.
4. The functional management of the Service is also not the subject of this agreement.
5. The user administration, configuration and data maintenance is the responsibility of the customer.
6. Unless expressly agreed, the provider is not obliged to provide further services. In particular, the provider is not obliged to set up further services and / or to create and provide individual adaptations or additional programs.
7. If further services are commissioned, the Additional Terms and conditions apply: ATC of the establishment and programming supplementary application.
Art. 3 Offer and conclusion of contract, trial version
1. The representations of the provider's services on the Internet do not constitute a binding offer to conclude a contract. They only serve to prompt the customer to submit an offer, which the provider reserves the right to accept.
2. The customer can submit a binding offer (hereinafter referred to as "Order") by clicking on https:// Softbcom.de/CloudWFMsignup register, fill out a web form and press the order button. By submitting the offer, the customer declares that he is an entrepreneur and will use the service exclusively for commercial purposes.
3. The contract (hereinafter referred to as the "Contract") is concluded when the Provider accepts the Customer's contract offer. Acceptance is expressly declared by e-mail.
4. The processing of the order and the transmission of the information required in connection with the conclusion of the contract takes place automatically by e-mail. The customer must therefore ensure that the e-mail address provided to the provider is correct, that the proper receipt of e-mails is technically ensured and, in particular, that it is not hindered by a SPAM filter.
5. These General Terms and Conditions also apply to the use of the Services as part of a free trial version. The customer is entitled to use the Services free of charge in accordance with this contract until a fee-based order is placed in the amount of the granted test volume. The provider is entitled to reduce the granted test volume at any time and without giving reasons.
Art. 4 Provision of the service by the provider. Creating a user account
1. The Provider provides the Customer with the application required for the use of the Services for use by the Customer in the current version in accordance with the following regulations via a cloud service, which the Provider makes available or manages via the services of a third party, or which he makes available via a network. A description of the scope of the cloud services can be found at https://Softbcom.de/CloudWFM
2. With the order, the customer creates an account for access to the services of the provider (hereinafter referred to as the "User Account"). The customer creates an administration account with a password. The customer then sets up the user accounts himself.
3. The customer is obliged not to provide false or misleading information when setting up the user account. If the customer creates a user account in the name of a legal entity or partnership, he warrants that he has the necessary legal authority to create a user account in the name of this legal entity or partnership. The transfer of a user account to another user is not permitted.
4. The customer is obliged to keep the data of the user account and the password secret.
5. The customer can provide additional information: number of users, number of skills, work schedule (2+2, 2+5, etc.). In this case, the provider provides a preconfigured system with this information.
Art. 5 Requirements for the use of the service
The trouble-free use of the Service requires a combination of hardware and software recommended by the provider. The provider is neither responsible for the quality of the required hardware and software on the part of the customer nor for the telecommunications connection between the customer and the provider.
Art. 6 Availability of services
The Provider cannot guarantee the uninterrupted and /or error-free operation of the cloud services provided by a third party, which are necessary for access to the Services. However, the Provider will make every effort to keep its services operational and available at all times; occasional interruptions and failures cannot be avoided. For periods of interruption or failure, the provider is exempt from the provision of the contractually owed services.
Art. 7 Other services of the provider
1. The Provider provides the customer with online video tutorials. The customer is entitled to save and reproduce the provided video tutorials, subject to existing property rights, for the purposes of this contract.
2. The provider offers each new customer a free 30-minute onboarding.
3. The Provider is entitled to change the services to be provided and/or to expand the scope of the Service and/or to make improvements and /or to remove features of the Service. The Customer is not entitled to oblige the provider to include certain additional functionalities in the service.
4. The Provider will inform the Customer in advance of any significant changes to the Services.
5. Further services of the provider can be agreed at any time in writing or by e-mail, in particular the implementation of training courses on the use of the service. The provision of such additional services is carried out against remuneration at the rates of the provider generally applicable at the time of placing the order.
6. If the customer commissions the provider with additional services for setup, individual or customer-specific adaptation and / or additional programming, the Additional Terms and Conditions for Setup and Programming and these General Terms and Conditions apply in addition.
Art. 8 Rights of use of the Service
1. For the duration of the contract, the customer and the users set up by him receive a simple, non-exclusive, non-sublicensable and non-transferable right to use the functionalities of the service via the Internet, limited to the term of the contract, in accordance with the provisions of the contract and these General Terms and Conditions.
2. If the Provider makes new versions, updates or upgrades available during the contract period or provides additional services in relation to the Service, the aforementioned rights also apply to these. However, the provider is not obliged to provide new versions, updates, upgrades or other new services, unless this is necessary to remedy the defect.
3. A trial version of the Service will be made available to the Customer for the limited period agreed upon when setting up the user account as part of the test volume. The above rights also apply to a trial version of the Service.
4. The customer is not entitled to any rights that are not expressly granted to the customer above. In particular, the customer is not entitled to use the Services beyond the agreed purpose of use.