Scope, Authority to Amend, Contract Content Contract Amendments SaaS Web Internet Solutions GmbH, hereinafter referred to as SaaS Web, is entitled to amend the content of this contract with the customer’s consent, provided that the amendment is reasonable for the customer taking into account the interests of SaaS Web. Consent to the contract amendment shall be deemed granted unless the customer objects to the amendment within four weeks after receipt of the notification of change. SaaS Web undertakes to inform the customer of the consequences of a failure to object in the notification of change. SaaS Web does not recognize any terms and conditions of the customer that deviate in whole or in part from these Terms and Conditions, unless SaaS Web has expressly agreed to them in writing. These Terms and Conditions shall also apply exclusively if SaaS Web provides the services without reservation while being aware of conflicting terms and conditions of the customer. These Terms and Conditions shall also apply to future transactions between the parties.
Service Obligations 2/a SaaS Hosting SaaS Web guarantees an average annual server availability of 99.95%. Excluded from this are times when the server cannot be reached due to technical or other problems that are outside the sphere of influence of SaaS Web (force majeure, fault of third parties, etc.). SaaS Web may restrict access to the services if the security of network operations, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software, or stored data require this. If SaaS Web falls into default with its performance obligations, the customer is only entitled to withdraw from the contract if SaaS Web fails to comply with a reasonable grace period set by the customer. The setting of a grace period must be made in writing. The grace period must be at least two weeks. 2/b Programming Activities CMS Programming Due to the unpredictability of future developments of the content management systems used (Contao, TYPO3, WordPress, ..) and the installed extensions – but also the browsers and/or the various specifications – the warranty period for custom developments is limited to 4 weeks after delivery. The customer undertakes to test the finished website (if applicable, only the theme or associated functions) after delivery and to report possible defects within 4 weeks. In-house Developments The usual warranties for individual programming activities apply. 2/c License Management Should the customer use free functions subject to licensing, SaaS Web is not obliged to renew these licenses after the expiry of the previously agreed period. SaaS Web is entitled at any time not to renew functions from third-party providers offered free of charge that are subject to licensing. In this case, SaaS Web will inform the affected customers as early as possible. If costs for the reprogramming of a self-created interface are incurred in this process, SaaS Web cannot be held liable for them.
Contract Offer, Conclusion of Contract, Termination of Contract The contract is only concluded upon countersignature of the customer application by SaaS Web or with the first act of performance. If the contract is concluded for a specific period or if a minimum contract term has been agreed with the customer, the contract shall be extended in each case by the agreed period or minimum term, but by a maximum of one year, unless it is terminated with a notice period of two weeks prior to the respective expiry of the specific period or expiry of the minimum contract term. For contracts that have a term or a minimum contract term of up to 12 months, SaaS Web is entitled to terminate the contract with a notice period of two weeks to the end of the month. This also applies if the contract has been extended by a specific period. No later than 30 days after the termination of the contract, the customer account, including all data, will be irretrievably deleted. The customer is solely responsible for compliance with their commercial and tax law retention periods. The right of both parties to terminate without notice for good cause remains unaffected. A good cause exists for SaaS Web in particular if the customer: – falls into arrears with the payment of fees for more than 20 calendar days, – culpably violates the allocation conditions or the allocation guidelines. Every termination requires the written form to be effective – by mail, fax, or email.
Prices and Payment The prices are fixed prices. The products can be paid for in advance for 3, 6, or 12 months at the customer’s choice. Should a customer request an upgrade or downgrade (for example, changing from performance level XL to XXL), the monthly fee will change according to the price of the target product. If the request is made within the first payment period, the positive difference in setup fees will also become due. The new payment period begins with the activation of the change in performance level. Furthermore, SaaS Web is entitled to increase the fees a maximum of once per quarter. The price increase requires the consent of the customer. Consent shall be deemed granted unless the customer objects to the price increase within 4 weeks after receipt of the notification of change. SaaS Web undertakes to inform the customer of the consequences of a failure to object in the notification of change. In the event of default, SaaS Web is entitled to immediately block the service of the customer, including that of the reseller’s customer. SaaS Web reserves the right to assert further claims due to default in payment.
Liability SaaS Web is only liable for damages if SaaS Web or one of its vicarious agents has violated an essential contractual obligation (cardinal obligation) in a manner that endangers the purpose of the contract, or if the damage is due to gross negligence or intent on the part of SaaS Web or one of its vicarious agents. If the culpable violation of an essential contractual obligation (cardinal obligation) is not due to gross negligence or intent, the liability of SaaS Web is limited to the damage that was reasonably foreseeable for SaaS Web at the time the contract was concluded. The liability of SaaS Web due to guaranteed characteristics, in the event of personal injury, as well as due to mandatory statutory provisions remains unaffected.
Obligations of the Customer The customer warrants that the data provided to SaaS Web by them is correct and complete. They undertake to inform SaaS Web immediately of any changes to the data provided and to re-confirm the current accuracy upon corresponding request from SaaS Web within 15 days of receipt. This applies in particular to the company name, the name of the contact person, the email address, and the postal address. Upon request by SaaS Web, the customer is obliged to react promptly, especially with regard to the security and stability of the product used. Should the customer not react within 4 weeks, SaaS Web is entitled to block access to the application – even earlier if security is acutely endangered. The customer undertakes to ensure that the extensions used by them – including self-programmed ones – do not irreversibly modify the application, so that it and its extensions can continue to be securely maintained. Should the customer have installed extensions or made their own adjustments that prevent an update of the application, the customer must take the necessary measures promptly (after request by SaaS Web) so that the application can be properly updated. In the event of non-fulfillment, SaaS Web reserves the right to block the application until the corrective measures have been completed.
Data Protection SaaS Web collects, processes, and uses personal data of a user without further necessary consent only insofar as it is required for the establishment and processing of the contract as well as for billing purposes. Further information can be found on the Privacy Policy page.
Place of Jurisdiction, Applicable Law The exclusive place of jurisdiction for all disputes arising from this contract is Karlsruhe, provided that the customer is a merchant, a legal entity under public law, a special fund under public law, or has no place of jurisdiction within the country. SaaS Web is furthermore entitled to sue the customer at their general place of jurisdiction. For contracts concluded by SaaS Web Internet Solutions GmbH on the basis of these Terms and Conditions and for claims of any kind arising from them, the law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).