General terms and conditions
General Terms and Conditions of 5 POINT AG for the use of teamspace
1. Scope of application
These terms and conditions apply to all works, services and performances that 5 POINT AG, Darmstadt (hereinafter referred to as the provider) provides to users for a fee or free of charge with regard to the teamspace software developed by the provider. Conflicting terms and conditions are not valid unless the provider agrees to them in writing.
2. Business purpose
The supplier provides all internet users with his teamspace software and the further services associated with it within the framework of the following terms and conditions. teamspace is a web-based time recording and project controlling system for the control of companies that mainly work in a project-oriented manner and would like to know the current status of their company and the individual projects at any time. For this purpose, all times, revenues and expenses can be assigned to the respective clients, projects and cost centres.
In order to be able to pursue these purposes, teamspace offers users the possibility to call up and update all facts about their realised, current and planned projects at any time at the push of a button. In detail, teamspace offers the following technical possibilities:
- Time recording
- Project controlling
- Area planning
- Income statement
- Holiday planning
- Strategy development
- worldwide access
- Overview of your company’s expenses and income
3. Right of use / Prices
The use of teamspace is generally permitted to everyone. The provider distinguishes between free and paid use of teamspace. The use of teamspace for test purposes is free of charge.
teamspace grants the user the right to use a test version of the software for a test period specified in the software. This is freeware software, as it can be downloaded free of charge from the teamspace homepage apart from the connection costs to the Internet. The test version corresponds in all functions to the corresponding full version.
The full version of teamspace can only be used after prior registration. The use of the full version is subject to a fee. teamspace will provide the registered user with updates at unspecified intervals for the duration of the respective registration period.
Contractual partner and person responsible for the software teamspace, the contents distributed by it and the compliance with these terms and conditions by all members is the respective founder, who has to register by means of the registration form at the beginning of use. The contract is concluded with the sending of the registration.
The prices are net prices. The prices of the current price list plus the respective statutory value added tax shall be decisive. Other deliveries and services for which no price has been agreed at the time of their order shall be charged at the list prices valid on the day of performance. We reserve the right to make changes to charges.
4. Manner of use
The posting and distribution of any material that violates German laws, in particular criminal laws, as well as the sending of messages or other material that violates the laws of the respective recipient country is prohibited. We reserve the right to assert claims for damages in such cases.
All clients undertake to observe the provider’s copyright, to secure it within the scope of their use and not to reproduce, transfer or otherwise disseminate any copyrighted information, software or other content made available by the provider.
The applicant agrees to indemnify the provider against all claims for damages brought against the provider by third parties due to damage caused by a client in connection with the use of teamspace.
The offeror is allowed to place advertising banners, sponsor contributions or other own and third party advertising material anywhere within the provided services and capacities including e-mails, SMS or other electronic messages sent via teamspace.
5. Availability / Warranty
The provider operates teamspace with due care and reliability. He strives for a constant availability of teamspace. However, the user acknowledges that already for technical reasons and due to the dependence on external influences, e.g. in the context of telecommunication networks, an uninterrupted availability of teamspace is not feasible, which is why the user has no claim to permanent accessibility. Merely temporary access restrictions neither grant warranty claims nor a right to extraordinary termination. In addition to the prevention of access due to external influences beyond the control of the provider, the provider reserves the right to restrict access temporarily and/or extensively, in particular in the following cases:
- Temporary blocking of teamspace for the purpose of implementing technical improvements, eliminating errors and malfunctions, etc.
- rearrangement / restriction of the possibilities of use according to clause 2. of these terms and conditions
- rearrangement / restriction of the criteria for the right of use according to section 3 of these terms and conditions
In the event of a permanent restriction of the access options, a claim for reduction or a right to extraordinary termination shall only exist if this restriction affects essential rights and obligations within the meaning of § 9 of the General Terms and Conditions of Business Act (AGBG) and this leads to a risk to the purpose of the contract.
The provider shall only be liable for damages in the event of intent or gross negligence. In particular, the offerer does not assume any liability for loss of data, misuse or any other disturbance, as far as these have their origin outside of teamspace in the internet, in the telecommunication network or other sources beyond the influence of the offerer. In the event of grossly negligent damage to individual users or a team, liability for direct and indirect consequential damage, including loss of profit, is excluded.
6. Cancellation / Termination
The applicant of teamspace has the right to revoke this registration within 14 days after sending the registration; the deadline is met by sending the revocation in time. The right of revocation expires irrespective of the time of registration after receipt of the user fees with the provision of the services by the provider. The ordinary cancellation is excluded.
If the access to teamspace is not properly terminated in writing at least 1 month before the expiration of the license, the license will be extended.
7. Place of performance, applicable law, place of jurisdiction
Place of performance is Darmstadt. The law of the Federal Republic of Germany shall apply exclusively. For the use of teamspace by merchants within the meaning of commercial law, the place of jurisdiction for all disputes arising directly or indirectly in connection with the use of teamspace shall be Darmstadt.
Status: February 2009