Terms and Conditions (GTC)

Andreas Baumann IMU Hardware and Software Service

Saalmannstr. 7-9, Building 2 TH3 D-13403 Berlin

The following gtc also contain the license conditions and legal information on your rights under the provisions on distance selling and electronic commerce contracts.

1. Scope

1.1 The company “IMU Hard- und Softwareservice Andreas Baumann”, hereinafter referred to as “Provider”, offers various services and goods under its own name.

1.2 Within the scope of this activity, various services are offered, such as.B server administration, the establishment and conception of computer networks or individual computer systems. These GTC apply to services of the provider.

1.3 These General Terms and Conditions (GTC) apply to all deliveries by IMU Hardware and Software Service (Point2Click Online Shop) to consumers (§ 13 BGB).

1.4 General terms and conditions of the customer shall not apply. The provider expressly objects to their inclusion, unless individual involvement is agreed between the parties.

1.5 The provider is entitled to change these general terms and conditions with a prior notice period of one month. The amended General Terms and Conditions shall enter into force one month after receipt of the notification of change, unless the customer objects to this. Should the customer object to the change, the provider is entitled to terminate the contract with a notice period of one month, insofar as this is a continuing obligation.

1.6 Insofar as software created by the provider is sold by third parties, these general terms and conditions shall only apply if the liability of the provider is limited, consent is given to the storage of data and the manner of licensed use of the software is determined. Further rights of the customer or obligations of the provider do not arise in such cases. Rather, the customer is only entitled and obliged to his contractual partner.

2. Contractors

2.1 The purchase contract is concluded with: Hard- und Softwareservice, Owner: Andreas Baumann, Saalmannstr. 7-9, Building 2 TH3, 13403 Berlin. You can reach our customer service for questions, complaints and complaints on weekdays from 12 noon to 4 pm under the telephone number 030 – 235 35 734 as well as by e-mail at versand@z-dbackup.de.

3. Offer and conclusion of contract

3.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to order. Errors excepted.

3.2 By clicking on the button [Send order], you place a binding order for the goods listed on the order page. The purchase contract is concluded when we accept your order by means of an order confirmation by e-mail immediately after receipt of your order.

4. Scope of services

4.1 The respective individual agreements or the current list of services of the provider apply to the scope of services.

4.2 The Provider may have individual parts of the service or the service as a whole provided by third parties, unless the parties have agreed otherwise.

4.3 The provider uses the help of third-party companies, such as.B suppliers of hardware and software products, to fulfil its services. The provider is therefore not responsible for delivery difficulties by his partners, unless this interruption is the responsibility of the provider. This applies in particular to failures due to force majeure, industrial action, official or judicial interventions, technical changes to the offers, insofar as these are reasonable, as well as maintenance and adaptation of the transmission capacities. The above also applies to the failure of the power supply.

4.4 The delivery of proprietary software takes place exclusively under the license conditions of the manufacturer, which the provider also provides in advance.

4.5 The Provider is not responsible for the Customer’s access to the Internet. He has to get this himself, which may incur further costs.

5. Right of withdrawal

5.1 Consumers have a two-week right of withdrawal.

Cancellation You can revoke your contractual declaration within 14 days without giving reasons in text form (e.B. letter, fax, e-mail) or – if the item is handed over to you before the deadline expires – also by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods at the recipient (in the case of the recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfilling our information obligations in accordance with Article 246 Section 2 in conjunction with Section 1 (1) and 2 eGBGB as well as our obligations pursuant to Section 312g paragraph 1 sentence 1 of the German Civil Code (BGB) in conjunction with Article 246 Section 3 eGBGB. In order to comply with the withdrawal period, it is sufficient to send the revocation or the item in good time. The revocation must be addressed to:

IMU Hardware- und Softwareservice Inh.: Andreas Baumann Saalmannstr. 7-9, Building 2 TH3 13403 Berlin. E-mail: versand@z-dbackup.de

Consequences of revocation In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.B interest) shall be surrendered. If you are unable to return or surrender to us the received service and benefits (e.B. benefits of use) or if you are unable to return or return them to us in part or only in a deteriorated condition, you must pay us compensation for the value in this respect. For the deterioration of the item and for drawn uses, you only have to pay compensation for value insofar as the uses or the deterioration are due to a handling of the item that goes beyond the examination of the properties and the functioning. “Testing the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a shop, for example. Items that can be shipped by parcel must be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if you have not yet provided the consideration or a contractually agreed partial payment at a higher price of the item at the time of revocation. Otherwise, the return is free of charge for you. Items that cannot be shipped by parcel will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the sending of your revocation declaration or the item, for us with its receipt.

Indication of non-existence of the right of withdrawal The right of revocation does not apply to distance contracts

for the delivery of goods manufactured according to customer specifications, or
are clearly tailored to personal needs, or
for the delivery of software, provided that the delivered data carriers have been unsealed by the consumer.

5.2 Please return the goods to us as a stamped package and keep the proof of delivery. We will also be happy to reimburse you in advance for postage costs on request.

5.3 Please call us before returning by calling 030 – 235 35 734 to announce the return. In this way, you enable us to assign the products as quickly as possible.

5.4 Please note that the modalities mentioned in paragraphs 4.3 to 4.5 are not a prerequisite for the effective exercise of the right of withdrawal.

6. Prices and shipping costs

6.1 The prices stated on the product pages include the statutory value added tax.

6.2 In addition to the stated prices, we charge a flat rate of 6.90 EUR per order for delivery within Germany. The shipping costs will be clearly communicated to you again on the product pages, in the shopping cart system and on the order page.

6.3 If software products are delivered by e-mail, no shipping costs will be incurred.

6.4 When paying by PayPal, an additional processing fee of EUR 2 will be charged. There are no further costs.

6.5 When paying by credit card, an additional processing fee of EUR 2 is due. There are no further costs. For your own safety and to protect against misuse, the delivery of your order and the debiting of your credit card account will only take place 24 hours after the credit card check.

6.6 For deliveries to a non-EU country, additional customs duties and fees may apply.

6.7 Shipping costs overview

7. Cost agreement

If you make use of your right of withdrawal, you must bear the regular costs of the return if the delivered corresponds to the ordered one and if the price of the item to be returned does not exceed an amount of 40 euros or if you have not yet provided the consideration or a contractually agreed partial payment at a higher price of the item at the time of revocation. Otherwise, the return is free of charge for you.

8. Charges

8.1 The services provided by the provider shall be charged in accordance with the respectively valid price list or the individual agreement made.

8.2 Unless otherwise agreed, invoicing shall be carried out exclusively by e-mail. In the case of direct debit, the customer shall bear the obligation to ensure the successful possibility of collection in good time and shall bear any bank costs incurred through chargebacks.

8.3 A set-off of the customer with own claims is only permitted if these claims are undisputed or legally established.

8.4 Delivery costs are shown separately. The customer shall bear the costs of shipping as well as any necessary public law permits.

9. Delivery

9.1 Delivery is only made within Germany with DHL.

9.2 The delivery time is up to 3 working days. We point out any deviating delivery times on the respective product page.

10. Payment

10.1 Payment is made either in advance, PayPal or credit card. Only registered dealers/resellers and public institutions grant us a right to pay for your order by invoice.

10.2 If you select the payment method in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.

10.3 You are only entitled to a right of set-off if your counterclaims have been legally established by a court or are undisputed or have been acknowledged by us in writing.

10.4 You can only exercise a right of retention if the claims result from the same contractual relationship.

11. Ownership

All delivered goods remain the property of the provider until full payment has been made. Insofar as the customer is not a consumer, the customer hereby assigns to the provider all claims from the sale transaction in the amount of the remuneration owed in the event of the resale of the goods.

12. Term and Termination

12.1 Insofar as it is a continuing obligation with a recurring service of the provider, e.B. in the form of a maintenance contract, the contract can be terminated in writing with a notice period of 3 months to the end of the quarter, unless the parties agree otherwise.

12.2 The Provider has the right to terminate this Agreement without notice if the User violates the Terms of Use or is in arrears with more than three monthly installments.

13. Ensure

The warranty is carried out in accordance with the statutory provisions. For all defects occurring during the statutory warranty period of two years from delivery, you have the statutory right to subsequent performance (at your discretion: remedy of defect or new delivery) and – if the statutory requirements are met – the statutory rights to reduction or withdrawal as well as to damages.

13.1 During the statutory warranty periods, the provider warrants that the goods and services have the properties guaranteed in the contract and are not affected by defects that cancel out the value or suitability for the usual or according to the contract required use or not only insignificantly reduce it.

13.2 The customer is aware that software can never function completely and without problems on all system configurations due to the large number of possible operating systems and hardware combinations. Therefore, the provider will provide improvements in the form of regular free updates. The integration of additional functions, on the other hand, is not free of charge.

13.3 If the purchaser is a merchant and if it is a commercial transaction for him, the warranty period is limited to one year.

More information

Order

In order to avoid delays and additional costs, please check your order data for correctness before finally sending the order! If you have found the desired product, you can place it in the shopping cart without obligation by clicking on the button [add to cart]. You can view the contents of the shopping cart at any time without obligation by clicking on the button [Send order]. You can remove the products from the shopping cart at any time by clicking on the [Delete shopping cart] button. If you want to buy the products in the shopping cart, click the button [Checkout]. Please enter your details. The mandatory information is marked with a *. Registration is not required. Your data is transmitted in encrypted form. After entering your data and selecting the payment method, the button [Check entries] will take you to the order page, where you can check your entries again. By clicking on the [Order] button, you complete the order process. The process can be cancelled at any time by closing the browser window. On the individual pages you will find further information, e.B. on correction options.

Contract

The text of the contract is stored on our internal systems. The General Terms and Conditions can be viewed at any time on this page (www.point2click.de/agbs.htm). After completing the order, your order data will no longer be accessible via the Internet for security reasons.

14th. Z Software License Agreement

The software is provided without warranty of any kind.

14.1 Copyright

The software, all software components, the documentation, as well as the program and data conception are protected by copyright laws and international copyright treaties as well as by other laws and agreements on intellectual property. Modification of the Software or its documentation or any form of decompilation is prohibited.

14.2 License granted

This End User License Agreement grants you the right to use the ordered software in the intended sense. You receive the non-exclusive right to test the ordered software at a computer workstation in a limited range of functions. If you then want to continue using the program, you must purchase a program license that allows you to use this program on a PC for an unlimited period of time and functionality.

The software can be freely used in the standard version for private use.
For business use, you must purchase a license from the author. A free business use violates the applicable copyright protection regulations and can be prosecuted under civil and criminal law.
A commercial use or distribution – in any form – requires my written consent.

14.3 Limitations

You are obliged to retain all copyright notices on all copies of the ordered software.
You are not entitled to reverse engineer, decompile or disassemble the ordered software. However, this applies only to the extent that applicable law does not expressly permit such a possibility, notwithstanding this restriction.
You are not entitled to rent or lease the ordered software.
You are obliged to comply with all applicable laws with regard to the use of the ordered software.

14.4 Obligations of the Licensee

Insofar as the provider sells data backup software, the customer is obliged to check the integrity of the data backup after each data backup in order to avoid any faulty backups that may occur. The provider provides appropriate verification mechanisms with the data backup software. If the customer fails to do so and damage occurs as a result, the customer is responsible for this.
We recommend regular data backup and keeping the backup disks in a specially protected location.
The customer must provide the provider with all data and requirements necessary for proper fulfilment in writing in advance. As far as this is appropriate, the parties shall draw up binding specifications in advance.
In the case of the purchase of so-called shareware software, in which the customer can receive the software free of charge on the Internet or from the provider, but can only use the full functions after purchasing a so-called “registration key”, the customer must inform the provider of the resale to a third party stating his contact details. The customer undertakes to bind the third party to these contractual conditions as well. Use of the software after sale by the customer is not permitted.
The installation and use of software that the customer acquires from the provider is only intended for use on a computer, unless their license conditions or an individual contractual agreement provide otherwise. A right of use with regard to the software on several computers is usually not granted. Unless otherwise specified, licenses are not exclusive but unlimited in time and location. Unless expressly granted, the software may not be rented.
The unregistered freeware versions of the offered software may be freely offered, reproduced and stored. The sale of the freeware versions is not permitted, unless the purchase price is limited to the costs of the data carriers and the compilation of the software stored on them. The software may only be reproduced and offered in the form on the websites. It is always necessary to refer to the provider and his Internet presentation in an appropriate manner.

14.5 Notes on the distribution of the freeware version

Our freeware versions (Standard Edition) may be distributed (until revoked) on CD-ROMs, shareware floppy disks, in shops and over networks, as long as: – No money is required for the program itself – All files are faithful to the original – A link to our website is published – you inform us of the publication.

15th. Backup

15.1 The customer is responsible for backing up his data (backup), unless this is expressly part of the provider’s service. If the provider maintains a backup of the data for its own purposes, this does not result in a guarantee declaration or a legal claim of the customer to a proper execution.

15.2 Insofar as the Provider carries out administration services for the Customer, the Customer must perform a data backup before each announced access by the Provider to the Customer systems. The customer is responsible for damages caused by the lack of such a data backup.

16. Liability

We are liable for all damages caused intentionally or through gross negligence by us or our executives. We are also liable for the culpable violation of essential contractual obligations, insofar as a violation of these endangers the achievement of the purpose of the contract. In all other respects, all claims for damages against us, in particular due to delay or breach of duty as well as non-contractual claims, also due to lost profits, missing savings, lost benefits of use, failed expenses, indirect damages and consequential damages are excluded. Any claims for damages are also limited in amount to the damage foreseeable at the time of conclusion of the contract; Claims arising as a result of the realization of excessive risks that are not foreseeable for us cannot be asserted. This limitation does not apply if it concerns damages resulting from injury to life, limb or health that are based on a culpable breach of duty by us or on a culpable breach of duty by one of our legal representatives or one of our vicarious agents. Our statutory liability for injury to health or life as well as under the Act on Liability for Defective Products (Product Liability Act) remains unaffected by the above clauses.

16.1 The author Andreas Baumann assumes no responsibility for damages caused by the user or third parties through the use or distribution of the software.

16.2 In no event shall the Author be responsible for lost sales or profits or for the loss of data or for any direct, indirect, special logical, incidental or consequential claims for damages caused by the use or impossibility of using the Software, regardless of theoretically existing possible liability, even if the Author has been notified of the possibility of such damage.

16.3 The liability of the provider is generally limited to intent and gross negligence. This also applies to employees and other vicarious agents of the provider. The provider assumes no liability for damage caused by technically caused malfunctions, failures or performance restrictions at the customer. Liability is excluded in the event of disruptions resulting from force majeure or industrial action.

16.4 The scope of liability is limited to the usually incurred damage, but no more than € 500 per year.

16.5 The above does not apply to personal injury, liability under the Product Liability Act or in the event of the assumption of an express guarantee.

16.7 General risks such as virus attack or access by third parties to the computers shall be borne by the customer, unless the provider can be accused of a grossly negligent or intentional violation of his own traffic safety obligations. The customer is therefore responsible for the appropriate security of his own system. This applies in particular to the loss of data.

17th. Choice of Law – Place of Jurisdiction

The place of jurisdiction is Berlin-Wedding if the customer is a company, a legal entity under public law or a special fund under public law. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

18. Salvatory Clause

Should individual provisions of this contract be or become invalid, this shall not affect the legal validity of the remaining provisions.

Responsible for these pages within the meaning of § 6 TDG / § 6 MDStV

Andreas Baumann