Terms of service

Current version, last change 3 Februrary 2017.

1. General

  1. These terms of service (henceforth ToS) are valid for any business relation between Dirk Steinmetz (henceforth the provider) and his customers (henceforth the customer) regarding services or software (e.g. GeneralSync) provided by the provider to said customers.

  2. Any services advertised by the provider (henceforth advertised services) are provided exclusively based on these ToS. Deviating ToS of the customer are not recognized, unless the provider explicitly accepted such terms.

  3. Individual agreements with the customer (including subsidiary agreements, supplements and changes) take precedence over these ToS and are limited to written form. Legal declarations or notices issued by the customer after a contract has been established (e.g. the setting of deadlines, warning notices, declaration of rescission, cancellation) require textual form.

  4. The provider may alter these ToS with the consent of the customer, as long as the changes are appropriate for the customer while taking the interests of the provider into account. The customer's consent is considered granted if the customer does not object within one month after receiving notice of the changes. The provider is obliged to notify the customer of the consequences of omitting objection.

2. Registration

  1. The provider enables the customer to register for an account. Registration is free of charge and does not cause any obligation to use additional services of the provider. Admission to the services lies with the provider. Only legally competent persons are eligible for registration.

  2. In order to register, the customer electronically completes the registration form and sends it to the provider. The information entered in the registration form is required to be complete and accurate.

  3. The only obligation related to the customer's registration is the customer's acceptance of these ToS. Customers may, at any time, request the deletion of their data.

  4. The customer is required to keep submitted information up to date.

3. Conclusion of contracts

  1. The provider's offerings for advertised services, whether made available through the website or other medium, are non-binding and provided without obligation.

  2. By ordering advertised services, the customer bindingly offers to enter a contract to the advertised conditions. The contract is concluded by the provider's acceptance of said offer.

  3. The customer's offer of entering an intended contract is constituted by either sending the completed order form in writing to the provider or by transmitting the completed order form electronically, if such a feature is available. The customer's offer is binding for 14 days.

4. Contract period

  1. Contracts between the provider and the customer are concluded for a defined period (billing period).

  2. Said contracts can be terminated to the end of their billing period with a notice period of two weeks and shall be renewed for further billing periods, unless a notice of cancellation has been timely received by the provider. For example, with a billing period of 12 months, the contract will be renewed yearly for additional 12 months.

  3. Both parties' right to terminate the contract with immediate effect for compelling reasons is unaffected. In particular, such a reason exists if

    • the customer does not agree to changes of these ToS,
    • the customer is in default for more than four weeks,
    • the customer violates the law, including but not limited to violations of copyright, competition, trademark or privacy laws.
  4. Notices of termination require text form (e.g. email, webforms provided by the provider).

  5. As soon as a contract is terminated, the provider is no longer required to provide any contractual services.

5. Payment

  1. Advertised prices contain the legally prescribed value-added tax, unless noted otherwise. Usage-independent fees for the complete billing period are due at the beginning of the billing period, usage-dependent fees at the time the invoice was issued.

  2. Invoices are sent to the email address provided by the customer. The provider may alternatively send invoices by mail.

  3. If the customer defaults, the provider is permitted to charge a fine of EUR 5.00. The provider may enforce claims by using collection agencies. The provider reserves the right to assert further claims for default of payment.

  4. If the customer is in default for at least seven days, the provider may refuse and/or retain all services. The provider's claim for remuneration remains to its full extent.

  5. Furthermore the provider is not bound to deliver services in advance, if the customer is in default of payment to the amount of at least with one monthly basic fee or with his annually fee for at least four weeks.

  6. When terminating the contract for important reasons, the provider's claim for remuneration remains in full effect, for the complete billing period.

  7. The provider is entitled to increase prices in a reasonable manner. Any increase in pricing requires the consent of the customer. The customer's consent is considered granted if the customer does not object within one month after receiving notice of the change. The provider is obliged to notify the customer of the consequences of omitting objection. When objecting a price increase, the customer may terminate the contract without notice.

6. Right of withdrawal, model withdrawal form

  1. Right of withdrawal for consumers

    Consumers are permitted to withdraw from contracts according to this section. A consumer is every natural person entering a legal agreement for purposes predominantly not related to their commercial or self-employed profession.

  2. Instruction on your right of withdrawal

    You may withdraw from this contract within 14 days from its conclusion, without the need to specify any reasons.

    To exercise your right to withdrawal, you need to send an unambiguous declaration (e.g. letter or email), stating your decision to withdraw the contract, to

    Dirk Steinmetz

    Am Retzgraben 10
    D-79108 Freiburg

    Email: info@generalsync.com

    You may use the model withdrawal form below, but are not required to do so.

    In order to keep the term, it is sufficient to send the declaration before the term's end.

  3. Consequences of withdrawal

    If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest type offered by us), and repay immediately latest within fourteen days from the date on which the notification has been received about your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment.

    If you requested that the performance should begin during the withdrawal period, you owe us an amount in proportion to that part of the commitment which is fulfilled by us at the time of withdrawal, compared to the full performance of the obligation.

  4. Special note

    The right of withdrawal in case of the supply of digital content other than on a tangible medium is excluded, if the performance has begun with the explicit prior consent of the consumer and the consumer has stated that he thus loses his right of withdrawal.

  5. Model withdrawal form (download as PDF)

    Model withdrawal form

    (complete and return this form only if you wish to withdraw from the contract)

    To:

    Dirk Steinmetz
    Am Retzgraben 10
    D-79108 Freiburg

    I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / provision of the following service (*):

     


    Ordered on (*) / received on (*):

     


    Name of consumer(s):

     


    Address of consumer(s):

     


    Signature of consumer(s): (only if this form is notified in writing)

     


    Date:

     


    (*) Delete as appropriate.

7. Warranty and liability for products provided free of charge

  1. Products are provided to the best of the provider's knowledge.

  2. The customer explicitly agrees that the software or other services are provided as-seen respectively as-is.

  3. The liability for defects as to quality or title of data, software and documentation, in particular for their accuracy, completeness and/or usability and that there are free from any third party industrial and intellectual property rights – unless intent or fraudulent intent of the provider is proven – is excluded.

  4. The provider assumes no liability for loses and risks of any kind, that occur through the use of the software, including damage to the computer system and/or any other device or for loss of data.

  5. To the fullest extent permitted by law, the provider excludes its liability and that of legal representative or auxiliary persons for any direct or indirect damages, any indirect or consequential loss, any loss of business, capital, profit, reputation or goodwill.

  6. The provider assures no availability of the offered products and services. The server availability can be restricted for technical reasons (e.g. maintenance) or for other reasons not related to the provider. In events of this kind the provider assumes no liability.

  7. The provider assumes no liability for malfunction or other damage, caused by any third party (e.g. Internet or hosting provider).

  8. The provider assumes no liability for delays and failures resulting from causes beyond his reasonable control, e.g. loss of power, breakdown or failure or delay in telecommunications or in internet connections falling outside of his control, acts of any competent authority, fire, flood, weather conditions or industrial action.

8. Warranty and liability for products provided against payment

  1. The German legal provisions for warranty apply. If the customer is not a consumer, the prescription period is running one year.

  2. If the customer is not a consumer, the prescription period is running one year.

  3. The provider is liable for damage, which is caused by the provider, its legal representative or auxiliary persons with intent or grossly negligent. In cases of slight negligence is the provider only liable, insofar as a violation of an obligation occurs, whose adherence is of fundamental meaning for the achievement of the purpose of this agreement. In this case the liability of the provider is however limited to the predictable and typical contract damage.

  4. Beyond that, the provider is unlimitedly liable according to the German Product Liability Act and due to other compulsory liability prescriptions.

  5. The provider assures no availability of the offered products and services. The server availability can be restricted for technical reasons (e.g. maintenance) or for other reasons not related to the provider. In events of this kind the provider assumes no liability.

  6. The provider assumes no liability for malfunction or other damage, caused by any third party (e.g. Internet or hosting provider).

  7. The provider assumes no liability for delays and failures resulting from causes beyond his reasonable control, e.g. loss of power, breakdown or failure or delay in telecommunications or in internet connections falling outside of his control, acts of any competent authority, fire, flood, weather conditions or industrial action. The customer indemnifies and hold harmless the provider against claims of any third party.

9. Uploaded content

  1. Some applications or services may provide the option to upload own content, e.g. publishing posts in the forums, commenting on planned features in the bug tracker or sending error reports directly from the software.

  2. The customer grants the provider unlimited usage rights on said uploaded content. This grant includes the permission to transfer usage rights to third parties, as required for contractual fulfillment.

10. Set-off and retention rights

  1. The customer is entitled to set-off, only if his counterclaims are admitted by the provider or are legally binding.

  2. The customer is entitled to exercise the right to retention, only if his counterclaim is relied to on the same contract.

11. Privacy

  1. The provider stores and processes personal data in compliance with legal restrictions for privacy, such as the Bundesdatenschutzgesetz (BDSG) and Telemediengesetz (TMG). Personal data is only stored or processed only as far as required in order to provide contractual fulfillment and consented by the customer. In detail, the provider's privacy policy applies in its current version, which is available through the website of the provider.

12. Applicable law, place of jurisdiction and performance

  1. Any business relations between the provider and the customer are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention.

  2. If the customer is not a consumer, the exclusive place of jurisdiction and performance is the registered office of the provider, Freiburg im Breisgau, Germany.

13. Miscellaneous

  1. Any changes or amendments of these ToS and/or contract require written form. This restriction also applies to the suspension of the requirement of written form.

  2. In cases of collisions between this translation and the German version of these ToS, the German version takes precedence.