Terms

By October, 1st 2015

§ 1 General

 

Scope

These General Terms and Conditions apply to all business relationships between TeamGrid UG (haftungsbeschränkt), Hannah-Vogt-Str. 1, 37085 Göttingen, Germany, represented by its Managing Director, Mrs. Ute Wilichowski (hereafter referred to as "TeamGrid") and her users in the version valid at the time the contract was concluded. Contrary terms and conditions of the user are hereby expressly contradicted.

 

Contract agreement

Contract language is German. If German and English versions are coexistent, the text of the German version is in doubt.

 

14-day trial

The registration takes place in three steps. In the first step, the user enters his data consisting of the name, an e-mail address and the desired password. By clicking on the button "Create user account" the registration will be made and the user will receive an e-mail with a confirmation link confirming the registration This e-mail confirms the registration by TeamGrid The user confirms his contract offer by logging in. The access confirmation does not constitute a binding acceptance of the application. TeamGrid is entitled to accept the contract offer contained in the order within two days after receipt of the registration by e-mail, fax, By agreeing to a TeamGrid agreement with the user, creating a team on TeamGrid gives the user the opportunity to try all of TeamGrid's features on a trial basis for 14 days 14-day trial period of a Te ams by booking licenses for all members of the team. This will allow further use of the team.

 

Paid re-use

If the user logs into his user account after 14 days from the conclusion of the contract, he must deposit valid payment information and confirm all his details (eg name, address, method of payment, number of booked accounts) and possibly input errors in order to access his team Before confirming the continued use of the services of TeamGrid by clicking on the "Order for a fee" button, if the user does not log in after 14 days from the conclusion of the contract, TeamGrid will delete the user account after 3 months.

 

Confidentiality

The rights of the user under this contract are not transferable. The password, which allows the user access to the personal area and thus also to the data collection and storage, must be treated strictly confidential and may not be passed on to third parties under any circumstances. The user takes the appropriate and appropriate measures to prevent third parties from being aware of their password.

 

Storage of the contract text

The text of the contract will be stored by TeamGrid and sent to the user after submission of his application together with the present terms and conditions and user information in text form (eg e-mail, fax or post). However, the contract text can not be retrieved from the user after sending his order via the website. The user can use the print function of the browser to print out the relevant website with the contract text.

 

Subsequent change of the general terms and conditions

TeamGrid is entitled to retrospectively adapt and supplement the General Terms and Conditions against existing business relationships, as far as changes in legislation or jurisdiction require or other circumstances lead to the fact that the contractual equivalence ratio is not only negligibly disturbed. Subsequent changes to the General Terms and Conditions will take effect if the user does not object within six weeks after notification of the change. TeamGrid will explicitly inform the user at the beginning of the term on the effect of his silence as acceptance of the contract amendment and give him the opportunity to make an explicit statement during the deadline. If the user objects in due time, both TeamGrid and the user can terminate the contractual relationship extraordinarily.

 

 

§ 2 Service

 

General

TeamGrid is a provider of Business Cloud Solutions in Germany. For the successful and optimized implementation of work processes, TeamGrid offers a general or individually tailored to the needs of users Cloud solution. This includes in particular the storage of personal contents and data with the aim and the possibility of being able to access these stored data by means of certain devices and computers connected to the Internet.

 

Start of service provision

The booked services are provided to the user immediately after entering the payment information and sending the payment.

 

Service delays

Service delays due to force majeure and due to extraordinary and unforeseeable events, which can not be prevented by the utmost care of TeamGrid (this includes in particular strikes, official or court orders and cases of improper or improper self-supply in spite of this coverage), TeamGrid does not have represented. They entitle TeamGrid to defer service provision for the duration of the obstructing event.

 

Resignation

In the case of unavailability for reasons mentioned above, TeamGrid may withdraw from the contract. TeamGrid undertakes to inform the user immediately about the unavailability and to reimburse immediately any compensation already paid.

 

Technical requirements and permissions

The use of the services offered by TeamGrid requires compatible equipment and software as well as sufficient internet access.

 

Account restriction

TeamGrid reserves the right to limit the number of accounts associated with a device and the devices associated with an account.

 

Data access

The privacy policy applies. TeamGrid collects, stores and processes data to the extent necessary for the agreed service provision.

 

 

§ 3 Payment

 

Subscriptions

TeamGrid is available as a subscription model with monthly and annual payments. The cost of a subscription is calculated by the number of user licenses per team.

 

Payment

The user can pay for his subscription via PayPal, credit card, direct debit or by prior agreement by invoice. When paying via PayPal, credit card or direct debit, TeamGrid is authorized to automatically collect the monthly fees.

 

Pricing

All prices are exclusive of VAT. The fee to be paid for the services offered by TeamGrid is based on the contractual agreement and depends on the selected account type and scope of service.

 

Termination of a subscription

TeamGrid subscriptions can be canceled at any time at the end of the current billing cycle. After pronounced termination, the access is still available until the end of the billing period and is then deactivated.

 

Arrears

The user will be in default of payment if the payment is not received by TeamGrid within two weeks of receiving the invoice. In the event of late payment, interest may be charged at 5 percentage points above the base rate of the European Central Bank, or 9 percentage points above the base rate of the European Central Bank in legal transactions in which a consumer is not involved. Should the user be in default with his payments, TeamGrid reserves the right to charge reminder fees in the amount of 2.50 euros. The assertion of a further compensation remains at liberty. The user has the opportunity to prove that TeamGrid suffered no or less damage.

 

Account suspension in case of late payment

In the event of late payment, the user's account can be blocked immediately. The data will be made available again after receipt of the outstanding payment.

 

Right of retention

The assertion of a right of retention to the user only for such counterclaims, which are due and based on the same legal relationship as the obligation of the user.

 

 

§ 4 Cancellation policy for consumers in distance contracts (services)

 

Right of cancellation

You have the right to revoke this contract within fourteen days without giving any reason.The revocation period is fourteen days from the date of the contract. To exercise your right of withdrawal, you must contact us (TeamGrid UG (haftungsbeschränkt), Hannah-Vogt-Str. 1, 37085 Göttingen, Germany, E-mail: [email protected], Phone: +49 (0) 551-28879724, Fax : +49 (0) 551-28879719) by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of the cancellation

If you withdraw from this Agreement, we shall reimburse you for any payments we have received from you, including delivery charges, promptly and no later than fourteen days from the date on which we receive notice of your cancellation of this Agreement. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract Comparison with the total volume of services provided for in the contract.

 

- End of revocation -

 

 

§ 5 Accountability of the user

 

General

The content and accuracy of the data transmitted to TeamGrid is the sole responsibility of the user.

 

Rights of third parties

The user also undertakes not to store, release or otherwise make any data available on the TeamGrid platform to other users or third parties whose content infringes the rights of third parties or violates existing laws.

 

Log-in password

The user is solely responsible for managing his log-in password. He / she takes the appropriate measures to prevent third parties from recognizing a loss.

 

 

§ 6 Copyrights

 

General

It is the responsibility of the user of the services offered by TeamGrid to observe the applicable copyright or other rights of third parties in the use of the account and, if necessary, to obtain the express consent of the copyright holder prior to use or utilization. This includes not only uses as described in § 5 b of these Terms of Use, but also reverse engineering or access to the service in order to create comparable products and services as well as to copy or reproduce the representations, processes, functions or graphics.

 

Creation of links

The creation of links to content and data uploaded by the user to TeamGrid or to other content is permitted, unless third-party rights or consent of the copyright holder are required. In particular, the creation of links is allowed if they are team invitations.

 

 

§ 7 Availability

 

No guarantee for availability at all times

TeamGrid does not guarantee the availability of the offered services at any time. In addition, TeamGrid does not warrant that the services offered or any part of it will be made available and usable from any location.

 

Running time

The services of TeamGrid can be terminated monthly without notice, there are no minimum contract periods.

 

System requirements

The following browsers are tested and supported: Chrome (version 46), Firefox (version 41), Internet Explorer (version 10) or Safari (version 9). Under Safari and Internet Explorer, TeamGrid LIVE and the Language Assistant are not available.

 

 

§ 8 Backup 

 

TeamGrid performs effective backups as part of the provision of services, but does not provide a general data protection guarantee for the data that the user enters into the system. The user is also responsible for creating regular backups of his data at regular intervals to prevent data loss. TeamGrid will take reasonable care in providing the agreed service and will provide data backup with the requisite expertise. However, TeamGrid does not warrant that the stored content or data accessed by the user will be inadvertently damaged or corrupted, lost, or partially removed.

 

 

§ 9 Use

 

General

The user undertakes to use the services offered by TeamGrid only to the extent permitted by law and in accordance with these Terms and Conditions. Abusive use leads to the exclusion of the right of use granted by the registration. TeamGrid will deactivate the user account of the respective user after becoming aware of a misuse. Any fees already paid will not be refunded in this case.

 

Misuse

A misuse is especially for copyright infringement. In addition, misappropriation in the provision, dissemination or other use of illegally obtained data and in the distribution or provision of data for illicit purposes. In particular, the use of the TeamGrid Service • to send spam,
 
to send and store infringing, obscene, threatening, insulting or otherwise infringing content of third parties, for sending and storing viruses, worms, Trojans and malicious computer codes, files, scripts, agents or programs, for uploading programs that are suitable disrupt, impair, or prevent the operation of TeamGrid in an attempt to gain unauthorized access to the TeamGrid Service or to individual modules, systems, or applications or to give them to third parties.

 

Exemption

The user undertakes to indemnify TeamGrid against all claims of third parties, including reasonable or legally determined costs for the prosecution, based on a non-contractual, abusive and / or illegal use of the website services and their contents of the user. The user supports TeamGrid in defending these claims, in particular by providing all information necessary for the defense. The user is obligated to compensate for the damage, the TeamGrid by the successful enforcement of such claims by third parties.

 

On-use by the user

If TeamGrid determines that the user has not logged into their user account within the last four months, TeamGrid has an extraordinary right to terminate the user.TeamGrid is then authorized to delete the user account.

 

 

§ 10 Liability

 

Disclaimer

TeamGrid and its legal representatives and vicarious agents are only liable for intent or gross negligence with the following reservation. In the case of slight negligence, liability only relates to the breach of essential contractual obligations, and consequently to such obligations, the observance of which is of particular importance for the achievement of the purpose of the contract. The liability is limited to the predictable, contract-typical, immediate average damage. In the event of a grossly negligent breach of non-essential contractual obligations, TeamGrid shall only be liable to users who are not consumers in the amount of the foreseeable, contract-typical, direct average damage.

 

Resposibility

The above disclaimer does not apply to liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act remain unaffected by the disclaimer.

 

 

§ 11 Final provisions

 

Jurisdiction

The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of TeamGrid in Göttingen, provided that the user is a merchant, a legal entity under public law or special fund under public law or if the user has no place of jurisdiction in the Federal Republic of Germany.

 

Choice of law

Insofar as there are no mandatory statutory provisions in accordance with the user's home law, German law shall be deemed agreed.

 

Severability clause

The invalidity of individual provisions does not affect the validity of the remaining terms and conditions.

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