WISOLUTION - General terms and conditions for the use of Software as a Service (SaaS) services
Scope of application
These general terms and conditions apply to all contracts concluded with Wisolution Ltd., Dublin, Republic of Ireland (hereinafter referred to as "Wisolution").
All Internet services are provided exclusively on the basis of these terms and conditions and the additional provisions of third parties indicated.
Other terms and conditions than those of WISOLUTION will not be subject to the contract, even if WISOLUTION does not expressly object.
Counterconfirmations of the customer with reference to his business or purchasing conditions is hereby objected to.
We do not accept contradictory or deviating conditions, unless otherwise expressly agreed in writing.
The version of the GTC valid at the conclusion of the contract is always authoritative.
The GTC can be viewed on the Internet at http:// www.wisolution.com at any time. The terms and conditions must be confirmed with every online order.
Subject matter of contract
The subject of the contract is the provision of a web-based software as a Service (SaaS) service (hereinafter "Software").
WISOLUTION uses the service (servers, databases, webspace, etc.) of services for the provision of the software and the storage space of the application data.
WISOLUTION allows the customer to use the software via a telecommunication connection by means of an access software (browser).
Scope of services
The scope of performance of the individual services is determined by the product or service description and depends on the version of the software and/or database chosen by the customer.
WISOLUTION further develops the software at irregular intervals and is entitled to change and expand the scope of the service in general and the versions in particular at any time at its own discretion. These changes do not constitute a reason for termination.
The main features and conditions of the software are described on the Internet pages of WISOLUTION.
Before concluding the contract, the customer has checked whether the specification of the software meets his wishes and needs.
The customer can check the full range of functions with free test demo in advance.
WISOLUTION grants the customer a time-limited, nonexclusive, non-transferable and non-licensable right to use the software for the duration of the completed Vertragesverhältnisses.
The software is provided via a telecommunication connection (Internet access). The delivery point for the SaaS services is the router output of the data center used by WISOLUTION to the Internet.
The customer hereby recognizes WISOLUTION as the sole licensor of the software and the associated copyrights.
The customer is not entitled to "reverse engineer" the software, to decompile, disassemble, reproduce or use portions of the software to create a separate application.
The customer is not entitled to make this software available to third parties for use for a fee or free of charge. The customer is expressly not permitted to continue renting the software.
Usage rights to software and application data
WISOLUTION does not explicitly grant the customer an unlimited right to use the software beyond the end of the contract.
The data and files generated by the software are stored on the service provider's servers. In any case, the customer remains solely entitled to the data and can demand the publication of the data at any time, especially after termination of the contract. WISOLUTION provides export functions that allow the customer to save the data as text files (CSV format) to local disks.
WISOLUTION is entitled to delete the customer's data and files completely and irretrievably 30 days after the end of the contractual relationship.
The customer is not entitled to obtain the appropriate software for the use of the data.
Commencement, duration and termination of the usage relationship
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue.
By clicking on the Order button a binding order of the goods contained in the shopping cart is given.
The confirmation of receipt of the order is made together with the acceptance of the order immediately after sending by an automated e-mail. With this email confirmation the purchase contract has been concluded.
The contract duration is 12 months and is automatically extended by another 12 months if the contract is not terminated one month before the end of the contract.
Each party may terminate the contract in writing with a notice period of one month at the end of the contract period.
The right to terminate for important reasons remains unaffected. An important reason is given for WISOLUTION especially in cases where the customer significantly violates the duties incumbent upon him. Any termination requires written form.
Upon termination of the respective contract, the connection to the "SaaS service" is blocked. WISOLUTION is entitled to delete the data and access identifiers.
Fees, payment methods and late payment
The customer has to pay a monthly/annual fee for the SaaS services, which is payable in advance.
The stated prices are net prices and are in addition to the legal value added tax.
The prices valid at the time of conclusion of the contract apply according to the price list of WISOLUTION. The price list can be viewed on the Internet at http://www.wisolution.com at any time.
As payment methods for one-time payments we currently offer payment by bank transfer and PayPal.
As payment methods for recurring payments we currently offer payment by direct debit (SEPA direct debit) and credit card. These payments are handled by a service provider.
During a payment delay of the customer, WISOLUTION is entitled to block access to the software. If the customer defaults for two consecutive months of payment, WISOLUTION is entitled to terminate the contract without notice. In this case, the customer remains obligated to pay the monthly prices and remuneration. The assertion of further claims due to default of payment remains WISOLUTION reserved.
WISOLUTION is not liable for downtime of the servers, data loss (unless otherwise agreed), the correct functioning of individual programs or transmission disturbances from the server to the customer itself.
WISOLUTION cannot be held responsible for intercepting the data stream between customer and the server by third parties, even if the customer uses supposedly secure encryption mechanisms.
WISOLUTION ensures the availability of its servers from 98% in the yearly medium. This excludes times when the server cannot be reached due to technical problems which are not within the sphere of influence of WISOLUTION (force majeure, third party fault etc.).
WISOLUTION strives to provide access to the software 24 hours a day and 365 days a year.
WISOLUTION is entitled to interrupt the availability of the software for maintenance purposes or as a result of other technical requirements. The non-availability due to maintenance and repair work does not constitute a reduction claim, as long as it does not exceed usual times.
Customer's obligation to participate
The customer shall support WISOLUTION in the provision of the contractual services to an appropriate extent.
The customer is responsible for the proper and regular backup of his data. WISOLUTION will provide appropriate functions.
For the use of the software the system requirements resulting from the product description (in particular the telecommunications connection and access software) must be fulfilled by the customer. The customer bears the responsibility for this.
The customer has to keep the access data provided to him confidential and to ensure that any employees who are provided with access data also do so.
The performance of WISOLUTION may not be made available to third parties unless expressly agreed by the parties.
The customer is entirely solely responsible for the data and results generated by the software. WISOLUTION does not carry out any checks on this data.
The customer is obligated to immediately and as precisely as possible display any malfunctions, malfunctions or impairments of the software.
Data security, privacy and secrecy
Both parties will observe the applicable data protection law regulations.
If the customer collects, processes or uses personal data, he shall be entitled to do so in accordance with the applicable provisions, in particular data protection law, and shall indemnify third parties in the event of a breach of WISOLUTION of claims.
The customer is solely entitled to the power of disposal and the ownership of all customer-specific data (entered data, processed, stored data, data issued).
WISOLUTION does not control the data and contents stored for the customer regarding the legal admissibility of the collection, processing and use. This responsibility is exclusively taken over by the customer.
WISOLUTION will never make customer-specific data available to third parties.
Warranty, Liability and damages
WISOLUTION points out that the software is a complex application. Despite great technical and personnel costs, WISOLUTION cannot guarantee the 100% error-freeness of all functions in all imaginable application cases.
WISOLUTION therefore only assumes responsibility for the technical usability of the software in accordance with the sow.
WISOLUTION is not liable for faulty calculations and resulting tax and business consequences.
WISOLUTION is liable for the damage caused to the customer only insofar as WISOLUTION or its vicarious agents are subject to resolutions or gross negligence.
WISOLUTION is exempt from the obligation to provide services, provided that the non-performance of deliveries is due to the occurrence of circumstances of force majeure after conclusion of the contract and WISOLUTION is not responsible for this.
The circumstances of force major are, for example, war, strikes, riots, expropriations, cardinal legal changes and natural catastrophes, as well as other circumstances beyond WISOLUTION.
Jurisdiction and applicable law
All legal relations between WISOLUTION and the customer shall be governed exclusively by the Law of the Republic of Ireland in its current version.
The exclusive place of jurisdiction for all disputes arising from the contractual relationship between customers and WISOLUTION is Dublin, Republic of Ireland.