General Terms and Conditions of 1000° digital GmbH

The contractual partner is 1000° digital Gesellschaft für Multimedia u. eCommerce mbH, Mozartstraße 3, 04107 Leipzig, Germany (HRB Leipzig 19362). The contractual partner is hereinafter referred to as „1000grad“.

§ 1 Scope of application

The General Terms and Conditions for SaaS (SaaS GTC) apply to all online services of 1000grad. Conflicting or deviating terms and conditions of the Customer shall not apply unless 1000grad has expressly agreed to their validity in writing. The Customer may access, print out, download or save these SaaS GTC at any time, even after conclusion of the contract, under the link „SaaS GTC“ accessible from 1000grad.de.

§ 2 Conclusion of contract

The contract for services of 1000grad is concluded by receipt of the declaration of acceptance of the written offer from 1000grad or, if applicable by 1000grad’s acceptance of the application by e-mail, provided that the Customer has previously submitted an offer by sending the complete booking entries and selecting the offer via the booking function of the respective 1000grad website and pressing the „Binding booking“ button. The 1000grad Websites themselves merely constitute an invitation to submit offers. The Customer must be an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), i.e. a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

§ 3 Prices

The prices of 1000grad’s services are based on the applicable price lists or the underlying offer.

The usage fees are due for payment immediately upon invoicing for the entire term. The usage fee is due for each commenced calendar month from the date of operational provision. The Customer may pay by bank transfer or other means of payment offered by 1000grad. Subscriptions are payable in advance for each calendar month. A full monthly price will be charged if the Customer cancels individual licences before the end of a month; this does not apply in the event of termination for good cause. In this case, the fee shall be repaid pro rata temporis. In the event of default of payment, the statutory provisions shall apply.

1000grad is entitled to increase the fee for the first time after the expiry of 12 months after the start of the contract with a written notice of 4 weeks to the beginning of the following month. The Customer has the right to terminate the contractual relationship in writing within a period of 4 weeks after receipt of the notice. 1000grad shall inform the Customer of this right of cancellation together with each announcement.

Prices are subject to value added tax at the applicable statutory rate. Other services shall be provided by 1000grad on a time and material basis at prices to be agreed between the parties. Free services are offered exclusively for non-commercial use. The public provision or resale of free services for preview or testing purposes is not permitted. 1000grad reserves the right to change or discontinue these services at any time.

§ 4 Confidentiality

The contracting parties shall maintain secrecy about all information to be treated as confidential which has come to their knowledge in the context of this contractual relationship and shall only use such information vis-à-vis third parties – for whatever purpose – with the prior written consent of the other party. Information to be treated as confidential shall only include information expressly designated as confidential by the party providing the information and such information whose confidentiality is clearly evident from the circumstances of the transfer. In particular, 1000grad shall treat the APPLICATION DATA as confidential if 1000grad becomes aware of it.
The obligations under para. 1 shall not apply to such information or parts thereof for which the receiving party proves that it was
was known or generally accessible to it prior to the date of receipt, or
was known or generally accessible to the public before the date of receipt, or
became known or generally accessible to the public after the date of receipt without the party receiving the information being responsible for this.
The obligations under para. 1 shall continue to exist beyond the end of the contract for an indefinite period of time, as long as an exception under para. 2 is not proven.

§ 5 Insolvency or imminent insolvency of a contracting party

A party must inform the other party immediately if

it has applied for the opening of insolvency proceedings or intends to do so within the next 14 calendar days
the opening of insolvency proceedings has been applied for by a third party
it has to suspend payments due to payment difficulties,
measures have been taken against it in connection with payment difficulties to satisfy third-party creditor claims, or
it has agreed to agreements to satisfy third-party creditor claims in connection with payment difficulties.

§ 6 Liability

The parties shall be liable to each other without limitation in the event of wilful intent or gross negligence for all damage caused by them and their legal representatives or vicarious agents
In the event of slight negligence, the parties shall be liable without limitation in the event of injury to life, limb or health
Otherwise, a party shall only be liable if it has breached a material contractual obligation (cardinal obligation). In such cases, liability shall be limited to compensation for foreseeable, typically occurring damage. The strict liability of 1000grad for damages (§ 536a BGB) for defects existing at the time of conclusion of the contract is excluded; paragraphs 1 and 2 remain unaffected. Cardinal obligations are essential contractual obligations, the breach of which jeopardises the purpose of the contract
In no event shall either party be liable for damages for atypical damages, indirect damages, incidental damages or consequential damages; not even in the case of negligence or liability for success; regardless of whether the party knew of a damage or could have foreseen the damage or not
The liability of both parties shall be limited to the actual usage fees paid by the Customer to 1000grad for the APPLICATION under this Agreement. In no event, however, shall the liability of either party exceed an amount of € 500,000.
If 1000grad is the contractual partner, liability under the Product Liability Act shall remain unaffected.

§ 7 References

1000grad is authorised to name the Customer as a reference in advertising materials, on the Internet and in other publications, provided that this does not conflict with any legitimate interests of the Customer.
The Customer hereby agrees to grant 1000grad the necessary rights to use the logo, for example. The Customer shall inform 1000grad of any special requirements for the use of the logo.

§ 8 Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law, Leipzig is agreed as the place of jurisdiction for all disputes arising from or in connection with this contract.

§ 9 Final provisions

The contractual relationship is subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods
The contractual language is German. If these SaaS Terms and Conditions (in German) have been translated into another language and are available to the customer, the German language version is decisive for the contractual relationship with 1000grad. This applies in particular if there are discrepancies or contradictions between the German language version and a translated version
Changes or additions to this contract must be made in writing
If individual provisions of this contract are invalid, the validity of the rest of this contract remains unaffected.

Status: April 7, 2016