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(1) These General Terms and Conditions of Business and Use (hereinafter “Terms”) apply to the use of BIMpermit (hereinafter “Software”) via the website at bimpermit.digital (hereinafter “Platform”), which brings about a use relationship (hereinafter “Contract”) between
VSK Software GmbH, Viktoriastraße 39, 44787 Bochum, Germany, phone: +49 (0) 234 52003770, e-mail: info@vsk-software.com, hereinafter “Provider,”
and the other party to the respective Contract, hereinafter “Customer.”
(2) The Terms apply regardless of whether the Customer is a consumer, entrepreneur, or businessperson.
(3) The version of the Terms in effect at the time when the Contract is entered into is the operative factor in each case.
(4) The Provider does not accept any terms and conditions of the Customer that vary herefrom. This applies even if the Provider does not expressly object to the incorporation thereof by reference.
(5) The Provider is entitled to modify the content of these Terms to the extent that changes that were unforeseeable for the Provider, which the Provider did not cause and over which the Provider has no influence, disrupt the balance between performance and consideration that existed at the time of the Parties’ entry into the Contract to a not insignificant degree. The Provider is also entitled to make changes if the change serves to align the text to advances in technology or if the Provider adjusts or expands the scope of functions of the service and this necessitates an adjustment in the service description in the Terms, provided that this does not give rise to any unreasonable restrictions in the functions used by the Customer or a comparable alternative function is available.
(6) In the event of a change, the Provider shall notify the Customer of the proposed change in text form, stating the reason for the change and the concrete scope thereof. In addition, the change will be announced in a suitable form on the Provider’s website. Changes are deemed to be approved if the Customer does not object thereto. The Provider shall specifically point this consequence out to the Customer in the notification. The objection must have been received by the Provider within one month after receipt of the notification. If the Customer exercises its right to object, the proposed change is deemed to have been rejected. In that case, the Contract shall be continued without the proposed changes.
(1) The subject matter of the contractual relationship and these Terms is the temporary provision of the software products specified below and defined in further detail by the Provider’s product descriptions and services associated therewith, also specified below and defined in further detail in the product descriptions, to the Customer by the Provider for use via a remote data connection and in exchange for payment.
(2) The Customer can request access to the Software and digital content of the Provider via the latter’s platform – depending on the products and services offered – as an individual, permanent, or subscription booking. The presentation and advertising of products and services on the Provider’s websites do not constitute a binding offer to enter into a contract; rather, they constitute product descriptions.
(3) The following applies to entering into a contract via the Provider’s website:
a. Service packages are presented to the Customer on the Platform. The presentation contains information on the service, the duration of the subscription, the price per billing period, and automatic renewal or the notice period for termination.
b. A button to request a quote is then provided. This button requests that information be entered in a contact form and transmits the inquiry to the Provider.
c. The Customer then receives from the Provider a written quote along with terms of use and can then accept this quote.
d. After accepting, the Customer receives confirmation and a link to activate the license in the Customer’s account.
e. Payment is required in advance. Invoicing takes place afterward.
(4) In the case of a phone booking, the Contract comes into existence when the Provider issues the notice of acceptance, which is sent by e-mail (order confirmation) to the Customer within 14 calendar days. The text of the Contract (consisting of booking, Terms, and order confirmation) is sent to the Customer in a permanent form of data storage (e-mail or paper printout) (Contract confirmation). The text of the Contract is saved in compliance with the regulations on data protection and privacy.
(5) In all other respects, meaning outside the Provider’s online booking option, the Contract is entered into between the Customer and the Provider by way of an offer and acceptance of the terms of service agreed in the context thereof, which also takes place subject to these Terms.
(6) The Provider is free to provide trial access through the usual channels by which it provides its services without a paid order from the Customer being required therefor. In this case – subject to acceptance by the Provider – the Customer is assigned, on a one-time basis, trial access as described in the associated presentation, subject to a fixed term (15 days in case of doubt), revocable by either side at any time, and free of charge in accordance with the relevant service description. The provisions of these General Terms and Conditions of Business and Use apply accordingly. After the trial access expires, the scope of functions will be restricted to read access. The Provider is permitted to block the access entirely and erase the user data after a period of one further month elapses. It is possible to submit an inquiry for paid access to the Provider at any time.
(7) Contracts are concluded in the German language.
(1) The Provider provides the Customer with the Software for the relevant selected period in accordance with these Terms for access via the Internet. The area of application and scope of functions of the Software and the technical and organizational prerequisites for the use thereof (e.g., the necessary bandwidth of the remote data connection) are defined in further detail in the user manual. The Provider sets up the Software on one of its servers that is accessible to the Customer via the Internet. No adjustment or expansion of the Software that is tailored to the Customer’s specific needs is owed.
(2) The Provider is free to provide a different version of the Software from the one provided for use at the start of the Contract, and in particular to further develop or refine it and/or modify it based on changes in the legal situation or technical developments or to improve IT security, provided that the change is reasonable for the Customer. The Customer has no claim to a newer version of the Software product originally provided and agreed.
(3) If the Provider has major new features or upgrades to the Software available, the Provider shall offer these to the Customer, communicating the additional costs associated therewith.
(4) The Provider shall provide the Software at the agreed router output from the data center where the server is located (“Transfer Point”). The Software remains on the Provider’s server. The Provider is entitled to redefine the Transfer Point to the extent that this is necessary for smooth access to the services owed by it. The Software must have the technical usability agreed in the user manual at the Transfer Point.
(5) The access information (usernames and passwords) required in order to use the Software must be communicated to the Customer. The Customer must not share the access information except with registered users in each case. In all other respects, it must be kept safe and confidential.
(6) In principle, the Software is provided 24 hours a day, with the exception of necessary service and maintenance work and/or other downtime. The Provider shall perform regular service and maintenance on the Software and the Platform in this regard. Service and maintenance will also be performed during normal business hours. The Customer shall be notified thereof on the Platform or by e-mail.
(7) The Provider is under no obligation of safekeeping or custody with regard to the Customer’s data. The Customer is responsible for ensuring adequate data backups.
(1) The Provider shall provide the Customer with an online user manual explaining the relevant functioning of the Software in detail.
(2) If a Provider believes an update to the Software requires an update to the user manual, the Provider shall
provide a new user manual that has the changes to the Software as its subject.
(1) The Provider is the sole and exclusive holder of all rights to the Software provided.
(2) The Provider grants the Customer a non-exclusive, non-transferable right, limited in term to the term of the Contract and in geographic scope to the territory of the Federal Republic of Germany, to use the Software as intended and only for the Customer’s own business processes.
(3) The source code for the Software shall not be made accessible to the Customer, and the Customer undertakes to refrain from engaging in, occasioning, or enabling any reverse engineering, disassembly, decompilation, translation, or impermissible disclosure except where permissible pursuant to applicable and non-waivable provisions of law.
(4) The Customer is not authorized to grant rights of use of the Software, the user manual, and/or other accompanying materials supplied with it/them to third parties.
(5) Where necessary for use as agreed, the Customer shall grant the Provider the right to reproduce the data stored by the Provider for the Customer and store these data at a backup data center. Should this be necessary in order to remedy disruptions, the Provider is permitted to make changes to the structure of the data and the data format.
(1) The Customer undertakes, for the use of the Software and the associated service offerings, to establish and maintain the necessary remote data connection between the Transfer Point defined by the Provider and the Customer’s IT system.
(2) The use of the Software as agreed presupposes that the hardware and software used by the Customer, including desktop computers, routers, data communication means, etc., meet the minimum technical requirements for the use of the Software (see user manual). The Customer is responsible for configuring the Customer’s IT system as necessary in order to use the Software.
(1) The then-applicable prices arise from the relevant service or product description on the Provider’s website. The Customer is required to pay the relevant flat fee plus the then-applicable VAT to the Provider for each calendar month or portion thereof. Payment is due on the third working day of the relevant calendar month. If the Customer falls into default of payment, it must pay the Provider default interest in the amount of nine percentage points above the basic rate of interest for the year.
(2) The Provider shall notify the Customer of any changes in the remuneration in text form six weeks before the change is to take effect, with a reference to the right of termination pursuant to the second sentence hereof. In the event of an increase in remuneration, the Customer has the right to terminate the Contract by way of extraordinary termination.
(3) The Customer is not entitled to offset counterclaims of its own against the Provider’s claims unless the relevant counterclaims of the Customer have been established with final, binding legal force or are undisputed.
(4) The Customer is not permitted to exercise a right of retention unless the counterclaim in question is based on the same contract.
(5) In the case of bookings by Customers residing or domiciled in another country or if there are well-founded indications of a risk of default, the Provider reserves the right not to perform its services until after it has received the remuneration (reservation of advance payment). If the Provider makes use of the reservation of advance payment, it shall notify the Customer thereof without undue delay.
(1) The Provider warrants access to the Software and that it will be available during the term of the use relationship. The Provider shall keep the Platform and Software in a condition suitable for the use thereof as agreed. The scope of functions of the Software is as set forth in these Terms and the Provider’s description.
(2) The Provider is liable for defects in the product provided in exchange for remuneration pursuant to the warranty rules that apply in rental law (Sec. 536 et seqq. of the German Civil Code (BGB)), but with the proviso that contrary to Sec. 536a (1) BGB, an obligation to pay damages exists only in the event of fault falling under the provisions of Section 9 hereof.
(3) A defect is deemed to exist if the Software does not perform the services contained in the functionality description when used as agreed and this has a significant impact on its suitability for the contractually agreed use.
(4) The Customer shall have no warranty claims
a. in case of merely trivial deviation from the agreed quality or merely trivial adverse impact on the usability of the Software,
b. in case of defects caused by failure to observe the terms of use stipulated for the Software and indicated in the use documentation (defined in further detail in the user manual),
c. in the event of improper operation by the Customer,
d. in the event of use of hardware, software, or other equipment not suitable for the use of the Software (see user manual, which sets out concrete details of the requirements),
e. if the Customer fails to report a defect without undue delay and the Provider has been unable to remedy the matter as a result of failure to report the defect without undue delay, or
f. if the Customer is aware of the defect when entering into the Contract and has not reserved its rights.
(5) If the Customer has reported a defect and the Customer’s warranty claims are not ruled out, the Provider is obligated to eliminate the defect within a reasonable time limit by taking measures of its own choice. The Customer shall give the Provider reasonable time and opportunity to remedy the defect(s).
(6) If efforts to remedy the defect(s) fail or are impossible, or in the event that the Provider culpably or unreasonably delays or seriously and definitively refuses to undertake such efforts or the remediation of the defect(s) is otherwise unreasonable for the Customer, the Customer is entitled in particular to reduce the amount of remuneration owed in proportion to the extent of the adverse impact (reduction of payment). The user is not entitled to assert a right to reduce payment by deducting the amount of the reduction from the remuneration to be paid on an ongoing basis on its own; nothing herein shall effect the user’s right under the law of unjust enrichment to demand that the excess portion of the remuneration paid be refunded to it.
(7) Where the service offerings associated with the use of the Software constitute pure services (e.g., support services), the Provider is liable for defects in such services in accordance with the provisions of the law on service contracts (Sec. 611 et seqq. BGB).
(1) The Provider is liable without limitation:
– in case of malicious intent, intent, or gross negligence;
– within the scope of a warranty expressly provided by it;
– for damage and/or losses arising from loss of life, bodily injury, or impairment of health;
– for breach of an essential contractual obligation whose fulfillment renders the proper implementation of the contractual relationship possible in the first place and in compliance with which the Parties regularly trust and are permitted to trust (“cardinal obligation”), but limited to the damage and/or losses reasonably to be expected at the time when the Contract was entered into; and
– in accordance with the provisions of the German Product Liability Act (ProdHaftG).
(2) In all other respects, liability on the part of the Provider is ruled out.
(3) The foregoing liability provisions apply accordingly to the behavior of, and claims against, employees, statutory representatives, and vicarious agents of the Parties.
(4) The Provider warrants to the Customer, that the Software does not infringe any rights of third parties (“infringement of industrial property rights”). The Customer shall notify the Provider without undue delay with regard to any claims asserted by third parties; the Customer is not entitled to accept such claims de facto or in legal terms unless the Provider has consented thereto in writing beforehand.
(1) To the extent that, and for as long as, an event of force majeure exists, the Parties are released from their obligations of performance for that period.
(2) “Force majeure” means an event originating outside the company and brought about from outside by elemental forces of nature or by the actions of third parties, which is unforeseeable according to human judgment and experience and cannot be prevented or rendered harmless using economically tolerable means, even exercising the utmost care that can reasonably be expected according to the facts and circumstances, nor must it be accepted because of the frequency of occurrence.
(3) The Parties are permitted to terminate the Contract if an event of force majeure persists for longer than three months and they are unable to reach a mutual agreement on amending the Contract.
(1) Should personal data be collected within the scope of implementing the contractual relationship, especially but not limited to during the use of the Software, the Parties shall ensure that the provisions of data protection law are observed in the process.
(2) Personal data are collected and used only to the extent that the implementation of the Contract so requires. The processing of personal data must take place within the scope of the Customer’s instructions; as soon as the Provider believes that any of these instructions violates provisions of data protection law, it must notify the Customer thereof without undue delay. The Parties consent to the collection and use of such data collected within this scope.
(3) Where necessary, the Parties shall enter into a data processing agreement appended hereto in accordance with the specifications of Article 28 GDPR. In this context, all employees – especially employees and managers who have access to personal data – are obligated in particular to comply with the requirements of point (c) of Article 28(3) in conjunction with Article 32(4) GDPR.
(4) The Provider shall erase all data of the Customer remaining on the Provider’s servers 30 days after termination of the use relationship such that these data cannot be restored.
(1) The contractual relationship enters into force upon the notice of acceptance by the Provider and has a term according to the package booked. If no notice of termination is given, the Contract is extended for an unlimited term if neither of the Parties gives one month’s notice to terminate the contractual relationship as of the relevant end of the term thereof.
(2) Nothing herein shall affect the right of both Parties to terminate the Agreement by way of extraordinary termination for good cause. Good cause is deemed to exist in particular if one Party intentionally or negligently violates an essential obligation arising from this Contract (e.g., in the case of violation of the cardinal obligations; see Sec. 9 (1) hereof) and the Party giving notice of termination therefore can no longer reasonably be expected to abide by the Contract.
(3) Pursuant to these provisions, the Provider derives rights in particular if the Customer is repeatedly or significantly in default of payment. The Provider is entitled to terminate the Contract by way of extraordinary termination if the Customer violates an obligation arising pursuant to these Terms and the Provider has issued a warning to the Customer beforehand.
(4) Notice of termination of the contractual relationship must be given in written form.
(1) In the event of termination of the Contract, the Provider shall provide the Customer with the data present in the storage assigned to the Customer, upon request by the Customer, free of charge on a permanently readable mobile data storage medium or provide the Customer with a copy thereof (“surrender”).
(2) The stored data shall be erased 30 days after the surrender of the data to the Customer unless the Customer provides notice within this time limit that the data provided to it are not readable or are incomplete. Failure to provide such notice is deemed to constitute consent to the erasure of the data. The Customer bears sole responsibility for observing the retention periods stipulated by commercial and tax law.
(3) Rights of retention and the statutory lessor’s lien pursuant to Sec. 562 and 578 BGB for the Provider’s benefit with regard to the Customer’s data are ruled out.
(4) Upon termination of the Contract, the Customer is obligated to return to the Provider any copies of the Software and all documentation, materials, and other documents that have been provided to it. The return shall take place at the Customer’s own expense.
(5) Any and all use of the Software after termination of the contractual relationship is impermissible.
(1) If the Customer is a consumer (i.e., a natural person who places the booking for purposes outside his or her trade, business or profession), the Customer has a right of cancellation pursuant to the statutory provisions.
(2) In all other respects, the cancellation right is subject to the provisions set out in detail below in the following
You are entitled to cancel this contract within fourteen days without stating any reasons.
The cancellation deadline is 14 days after the date on which the contract is entered into.
To exercise your cancellation right, you must notify us,
VSK Software GmbH
Viktoriastraße 39, 44787 Bochum, Germany
Phone: +49 (0) 234 52003770
e-mail: info@vsk-software.com,
of your decision to cancel this Contract by way of an unambiguous declaration (e.g., a letter sent by postal mail or e-mail). You may use the attached sample cancellation form for this purpose, but are not required to do so.
To meet the cancellation deadline, it is sufficient if you send the notification that you are exercising your cancellation right before the deadline expires.
If you cancel this Contract, we will refund all payments received from you, including any delivery costs (with the exception of additional costs incurred due to the fact that you have selected a delivery mode other than the cheapest standard delivery offered by us), without undue delay and in any case no later than within fourteen days from the day on which we received the notification that you are canceling this Contract. The payment method used by you for the original transaction will be used to process your refund, unless we have expressly agreed with you on a different means. You will not be charged in any way for this refund. We may refuse to process a refund until we have received any returned goods that had been sent to you (such as course materials) or until you have demonstrated that you have returned the goods, whichever date is earlier.
If you requested that services start before the cancellation deadline expired, you are required to pay us a reasonable amount corresponding to the portion of the services that has already been rendered up until the time at which you notify us that you are exercising your right of cancellation with regard to the Contract in proportion to the overall scope of the services specified in the Contract.
– End of cancellation information –
(If you wish to cancel the Contract, please fill out this form
and return it.)
To
VSK Software GmbH
Viktoriastraße 39, 44787 Bochum, Germany
Phone: +49 (0) 234 52003770
e-mail address: info@vsk-software.com,
I/we hereby cancel the contract entered into by me/us
concerning the purchase of the following goods (*) / performance of the following
service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only in case of paper notification)
Date
(*) Strike through where not applicable.
(3) Cancellation rights do not apply in the case of distance contracts
a. for the supply of goods or services that have been created according to customer specifications or clearly tailored to personal needs and requirements or are not suitable for return based on their specific quality or are highly perishable, or which may quickly pass their expiration date,
b. for the supply of sealed audio or sealed video recordings or the Platform, if you have unsealed the data storage media supplied.
(4) In the case of contracts for the supply of data not present on a physical data storage medium that are created and provided in digital form (digital content), please note that before the Contract is executed, consumers
1. must expressly consent that the entrepreneur commences execution of the contract before the cancellation deadline expires, and
2. have confirmed their awareness that, by consenting, they lose the right of cancellation upon commencement of execution of the contract.
(5) In all other respects, the cancellation right noted above exists for consumers only in the case of contracts negotiated away from business premises and within the scope of what are known as “distance contracts,” i.e., contracts for which the entrepreneur, or a person acting in the entrepreneur’s name or on the latter’s behalf, and the consumer exclusively avail themselves of means of distance communication in negotiating and concluding the contract, except where the conclusion of the contract does not take place in the context of a sales or service-provision scheme organized for distance sales (Sec. 312c (1) BGB). “Means of distance communication” means all means of communication which can be used to initiate or to conclude a contract, without requiring the simultaneous physical presence of the parties to the contract, such as letters, catalogues, telephone calls, faxes, emails, text messages sent via the mobile telephone service (SMS) as well as messages broadcast and sent via teleservices (Sec. 312c (2) BGB).
(1) As an online company, the Provider is obligated to notify customers who are consumers of the European Commission’s online dispute resolution (ODR) platform. This ODR platform can be reached via the following link: https://webgate.ec.europa.eu/odr. However, the Provider will not participate in dispute resolution proceedings before a consumer conciliation body.
The laws of the Federal Republic of Germany apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the Customer placed the booking as a consumer and is habitually resident in another country at the time of the booking, nothing in the choice of law made in the first sentence above shall affect the application of non-waivable provisions of law of that country.
(3) If the Customer is a businessperson and has his or her registered office in Germany at the time of the booking, the sole place of jurisdiction is the location of the Provider’s registered office. In all other respects, the applicable statutory provisions apply with regard to local and international jurisdiction.
(4) Even if individual points hereof are legally invalid, the remainder of the Contract shall remain binding. The invalid points shall be replaced by the statutory provisions insofar as these exist. However, where this would represent an unreasonable hardship for one Party, the remainder of the Contract shall be invalid as a whole.
Einfach. Transparent. Webbasiert.