General Terms and Conditions (AGB)

1. Scope of application

1.1 These General Terms and Conditions apply to all business relations of 40three GmbH (hereinafter referred to as “40three”) with companies in accordance with §14 BGB (German Civil Code). They represent a framework contract and also apply to future contracts without 40three having to refer to them again in each individual case.

1.2 Deviating provisions of the customer shall only become part of the contract to the extent that 40three has expressly agreed to them in text form.

1.3 40three’s offer is directed exclusively at commercial customers.

2. Conclusion of contract

2.1 Offers from 40three are non-binding and subject to confirmation, unless expressly stated otherwise in individual cases.

2.2 The contract comes into effect with the acceptance of the order by 40three. The acceptance can take place expressly or implied by the beginning of the service provision.

2.3 The customer assures that the information given by him regarding his person and other circumstances relevant to the contract are complete and correct.

3. Prices and terms of payment

3.1 Unless expressly agreed otherwise, the current list prices of 40three in the price list published at the time of conclusion of the contract shall apply. All prices are exclusive of the applicable value added tax.

3.2 40three is entitled to increase the prices after prior notice in text form with a period of 90 days. The amended price shall be deemed agreed if the customer does not object within a period of 60 days. In the event of an objection, both parties have the right to terminate the contract with 30 days’ notice.

3.3 Invoices of 40three are due upon delivery. Even without additional reminder the customer is in default of payment after 14 days.

3.4 In case of default of payment 40three is entitled to charge default interest and to discontinue services in whole or in part.

3.5 The retention of payments due to counterclaims or the set-off of counterclaims is inadmissible, provided that these are not undisputed or judicially determined.

4. Contract term, tariff change and additional options

4.1 The customer can choose between monthly and annual payment. Payment shall be made in advance. The contract period corresponds to the period chosen for the payment.

4.2 The contract is automatically extended after expiration by the same period, unless it was terminated 30 days before the end of the contract in writing.

4.3 Additional services can be booked at any time and can be cancelled at any time at the end of the accounting period for additional services, unless other conditions are agreed upon when booking the service. In the case of monthly contracts, the accounting period for additional services corresponds to the contract term; in the case of annual contracts, it is the day of the month on which the framework contract was concluded up to the same day of the following month.

5. Obligations of the customer

5.1 The Customer shall receive one user account from 40three per natural person who is to have access to the 40three Software. The Customer undertakes to ensure that all access data to 40three Software is treated strictly confidentially. The joint use of a user account by several persons is not permitted. The Customer undertakes to block the user account immediately, to have it blocked by 40three or to ensure a change of the access password if the access data has become accessible to another person.

5.2 The Customer undertakes not to transfer any illegal content to 40three’s systems. Should there be criminal content on the customer’s system, 40three is entitled to block the account immediately and without prior notice.

5.3 If the customer installs software provided by 40three on his own systems, he will create a complete backup beforehand and check his system for compatibility. If he detects problems during the installation, he will abort the installation and do everything appropriate to minimize the damage. In particular, he will immediately inform 40three of the error. Also during the use of the software the customer will make regular backup copies.

6. Warranty

6.1 40three guarantees the functional scope according to the published specifications. The prerequisite is that the customer accesses suitable systems and with suitable software according to our system requirements.

6.2 40three shall ensure system availability in accordance with the separately published Service Level Agreement (SLA). The SLA is part of the contract.

6.3 The warranty obligation for defect claims ends after one year, unless it is a matter of fraudulent intent or claims for damages.

6.4 40three does not guarantee the fulfillment of the individual requirements of the customer, in particular not the achievement of desired economic advantages.

7. Limitations of liability

7.1 40three shall only be liable, for whatever legal reason, if the damage is due to gross negligence or intent or if an essential contractual obligation has been culpably breached.

7.2 The liability provisions of this §7 shall also apply mutatis mutandis for the benefit of 40three’s employees and other vicarious agents.

7.3 40three’s liability shall be limited to the sum of twice the order value in any case and irrespective of the legal grounds. In case of a continuing obligation with regular payments, the liability is limited to twice the net turnover of the last 24 months before occurrence of damage.

7.4 These limitations shall not apply to damages based on fraudulent intent or personal injury (injury to life, limb or health).

8. Secrecy and data protection

8.1 The contracting parties undertake to keep secret any knowledge gained within the scope of the subject matter of the contract unless such knowledge is publicly accessible or must be made accessible due to a court order or statutory provisions.

8.2 According to Article 28 DSGVO, a written agreement is required for the processing of personal data on behalf of a customer for customers from the EU. You can obtain a standard template at support@heavendata.com The Customer is obliged to comply with the provisions of the DSGVO when using 40three Services.

8.3 40three processes all data of the customer exclusively on his behalf and will not pass them on to third parties or use them for its own purposes.

9. Final provisions

9.1 If the customer is a merchant, Karlsruhe shall be the exclusive place of jurisdiction for all disputes arising from this contract.

9.2 This contract and all legal relations between the parties shall be governed by the laws of the Federal Republic of Germany and exclude the UN Convention on Contracts for the International Sale of Goods (CISG).