Scope, Authority to Amend, Contract Content Contractual 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 contractual amendment shall be deemed granted unless the customer objects to the amendment within four weeks of receipt of the notification of change. SaaS Web undertakes to inform the customer of the consequences of failing to object within 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 General Terms and Conditions shall also apply to future transactions between the parties.
Service Obligations 2/a SaaS Hosting SaaS Web guarantees 99.95% server availability on an annual average. This excludes times when the server cannot be reached due to technical or other problems that are beyond the control of SaaS Web (force majeure, fault of third parties, etc.). SaaS Web may restrict access to the services if the security of network operations or the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, software, or stored data, requires 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 the grace period must be 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, etc.) and the installed extensions—as well as browsers and/or various specifications—the warranty period for custom developments is limited to 4 weeks after delivery. The customer undertakes to test the finished website (or, if applicable, only the theme or associated functions) after delivery and to report any possible defects within 4 weeks. In-house Developments The standard warranties for individual programming activities apply. 2/c License Management If the customer uses free functions that require a license, SaaS Web is not obliged to renew these licenses after the previously agreed period has expired. SaaS Web is entitled at any time not to renew third-party functions requiring a license that are offered free of charge. In this case, SaaS Web will inform the affected customers as early as possible. SaaS Web cannot be held liable for any costs incurred in the course of reprogramming a self-created interface.
Contract Offer, Conclusion of Contract, Termination of Contract The contract is only concluded upon countersignature of the customer application by SaaS Web or upon 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 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 with 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 for 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. Good cause exists for SaaS Web in particular if the customer: – is in default with the payment of fees for more than 20 calendar days, – culpably violates the allocation conditions or the allocation guidelines. To be effective, any termination must be in writing—by mail, fax, or email.
Prices and Payment Prices are fixed prices. Products can be paid for in advance for 3, 6, or 12 months. Should a customer request an upgrade or downgrade (for example, switching 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 customer’s consent. Consent shall be deemed granted unless the customer objects to the price increase within 4 weeks of receipt of the notification of change. SaaS Web undertakes to inform the customer of the consequences of failing to object within the notification of change. In the event of default, SaaS Web is entitled to immediately block the service of the customer, including the service of the reseller’s customer. SaaS Web reserves the right to assert further claims due to default of payment.
Liability SaaS Web is only liable for damages if SaaS Web or one of its vicarious agents has violated a material 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 breach of a material 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, and due to mandatory statutory provisions remains unaffected.
Customer Obligations The customer warrants that the data provided to SaaS Web is correct and complete. He undertakes to inform SaaS Web immediately of any changes to the data provided and to re-confirm the current accuracy upon 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 respond promptly, particularly regarding the security and stability of the product used. If the customer does not respond within 4 weeks, SaaS Web is entitled to block access to the application—or earlier if security is acutely at risk. The customer undertakes to ensure that the extensions used—including self-programmed ones—do not irreversibly modify the application, so that it and its extensions can continue to be maintained securely. If the customer has installed extensions or made their own adjustments that prevent the application from being updated, the customer must take the necessary measures promptly (upon request by SaaS Web) so that the application can be properly updated. In the event of non-compliance, 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 execution 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 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 General Terms and Conditions and for claims of any kind resulting 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).