The 4skulls UG (liability limitation) operates online – among others- under the domain “safetransfer.eu” an internet usable software application (hereinafter called service) that supports companies to transfer and share files. Provider of the service is 4skulls UG (liability limitation), Hohenzollerndamm 120, 14199 Berlin (‘safetransfer’).
These terms and conditions apply to all, including future business relationships, between the user and safetransfer. Differing, conflicting or supplementary terms and conditions of the user are not part of the contract, unless the validity is expressly agreed upon conclusion of the contract. Any formular reference to terms and conditions of the user is expressly contradicted.
Subject of the contract is the provision of the service for the use of the functionalities to the user. The respective scope of service depends on the service package chosen by the user.
For the use of the service, the user must have an Internet connection, an Internet-enabled device and a current Internet browser, the costs of which he has to bear.
To use the service, the user must also have sufficient access privileges within his company. Upon termination of the contract, the service will be deleted by the provider. The creation, maintenance and removal of this conditions is the sole responsibility of the user.
No contractual object is the achievement of a particular sales success. Safetransfer offers only the possibility of use for certain services whose successful use is solely the task of the user.
The use of the service is only possible in the context of a user contract. The conclusion of a contract for the use of the service is only possible for entrepreneurs, legal persons under public law or special funds under public law.
The user is obliged to make only truthful statements about his person and the company when concluding a contract of use and to keep his data up to date.
Safetransfer initially offers the conclusion of free, limited-term, possibly limited in the scope of performance and only provided for trial use contracts. Here is the provision of the registration form by safetransfer an offer to conclude such a contract. This offer is accepted by the user by filling in the form and sending it with the button provided.
In addition, safetransfer also offers the conclusion of paid user contracts. For this purpose, the user can view and select the available service packages in his user account. This option is already a binding offer to conclude a fee-based contract. The user accepts this offer by selecting the package and confirming this with the corresponding button.
In each case, the user has the option of checking his details before submitting his contract declaration and, if necessary, by correcting the corresponding fields. Furthermore, he can check the services selected by him and change them by clicking on the corresponding selection boxes.
Safetransfer will confirm the receipt of the contract without delay by sending an e-mail. For the conclusion of the contract, the German language is available. The contract text is stored by safetransfer, but is not accessible to the user.
The service is provided to the user by registration on free user contracts and by activation by Safetransfer with fee-based user contracts.
Each individual user within a user account is to be created separately by the user, the use of common user accounts by several employees is not permitted.
The delivery point for the provision of the service is the router output of the safetransfer data center. Safetransfer owes an availability of the service at the transfer point of 98% in the annual average.
Safetransfer grants the user the simple, non-sublicensable and non-transferable right to use the service for its own business purposes during the term of the contract.
Rights not granted to the user are not granted. In particular, the user is not entitled to lend the service to third parties for use or to provide services for third parties by means of the service. This does not apply to service providers who work directly for the customer.
Also not allowed is the preparation and publishing of screenshots of the user interface of the service.
If and so far as a database or databases are created on the safetransfer server during the term of the license agreement, all rights to this shall apply to the user. The user remains the owner of the database or databases after the end of the contract.
As far as the use of the service is charged, the costs are based on the information in the respective price list. All prices are subject to VAT.
As far as the prices are based on the scope of the use of the services in connection with a particular platform and the user prohibits access thereto, the remuneration is determined after the average of the previous three months. If the contract does not run for three months, the compensation will be determined according to the average of the previous term.
All payments are to be paid according to the respective terms of reference and can be provided by means of the payment methods offered. Safetransfer has commissioned a qualified payment provider to collect receivables, which also stores the payment information.
Insofar as the parties agree on the payment method “direct debit”, the user grants safetransfer to collect the respective due claim, also for recurring payments and liabilities at varying heights a SEPA-based mandate / SEPA firm mandate. The deadline for the pre-notification will be shortened to 1 day, as far as permissible. The user assures to provide for the cover of the account.
Costs incurred as a result of non-payment or reversal of a payment order shall be borne by the customer as long as the non-recovery or the chargeback was not caused by safetransfer. In addition safetransfer charges a processing fee of 10 € net.
Billing by safetransfer takes place in electronic form. A transmission takes place by E-Mail. In addition, safetransfer can grant the user the option of retrieving billing documents in the user account themselves in file form. If the user also desires a dispatch by post, safetransfer is entitled to demand a lump sum in accordance with the price list.
The user chooses access data for the purpose of using the service. The user is obliged to keep this access data secret and to inform safetransfer immediately about the loss or unauthorized use of access data by third parties. The user is not allowed to provide access data to third parties. safetransfer is entitled to block access data if there is a suspicion of unauthorized use or misuse of the data.
The user may use the service only for his own entrepreneurial purposes.
The user is obliged to regularly secure the data stored in the service by download.
As far as the service provides interfaces to systems of third parties, the duty to control the incoming or outgoing data on consistency, completeness, accuracy and timeliness is the sole responsibility of the user.
Insofar as the user determines that the service does not work or does not work properly, he is obliged to inform safetransfer thereof in writing without delay. In this case, the user is also obligated to mitigate unwanted changes to his offers on the trading platforms for reasons of loss minimization.
The user is responsible for the tax and commercial retention requirements, e.g. according to §§ 238, 257 HGB, § 147 AO.
The parties shall observe the respectively applicable data protection regulations, in particular those valid in Germany.
If the user collects, processes or uses the personal data of third parties, he is responsible for ensuring that he is entitled to do so in accordance with the applicable provisions of data protection law and, in the event of a breach, indemnifies the transfer of any claims by third parties.
Safetransfer points out that the processing of personal data of third parties via safetransfer usually represents an order data processing. For the data protection regulation of this contractual relationship, safetransfer provides a sample contract in the SafeTransfer Software itself
Safetransfer is entitled to statistically evaluate the data of the users in anonymous form and to use it for their own purposes, also for advertising purposes. This serves in particular the further development of the services.
Safetransfer is liable to the user in the case of intent or gross negligence for all damages caused by legal representatives or vicarious agents without limitation.
In the event of slight negligence, Safetransfer shall be liable without limitation in the event of injury to life, limb or health.
Incidentally, safetransfer is only liable if a material contractual obligation has been violated. Material contractual obligations are those duties which are of particular importance for the achievement of the objective of the contract, as well as those obligations which, in the event of culpable injury, could jeopardize the achievement of the purpose of the contract. In such cases liability is limited to compensation for foreseeable, typically occurring damage.
The no-fault liability of safetransfer for damages pursuant to §536a BGB for defects existing at the time of conclusion of the contract is excluded, the above paragraphs remain unaffected.
Liability under the Product Liability Act remains unaffected.
A liability for the compensation of indirect damages, in particular for lost profit or consequential damages does not exist.
The contract for free use begins with the conclusion of the contract, runs for the specified period and can be terminated by any of the parties without notice.
The term of the contract for a fee-based use of the service begins with activation by safetransfer and runs for the agreed period. The term of a contract for a fee-based use of the service is automatically extended by the chosen term if it is not terminated on time.
The Agreement may be terminated by the user without the use of the online feature of disabling renewal without notice at the end of the term. This will confirm safetransfer immediately.
Incidentally, termination, including safetransfer’s, requires at least textual form, also requires a period of 7 days to the end of each term.
The possibility of extraordinary termination for good cause remains unaffected. This termination also requires the text form.
A termination against safetransfer by E-Mail is to be addressed to firstname.lastname@example.org.
If the user unilaterally ceases to use the service before the end of the period of notice, his obligation to pay the fee remains unaffected.
If the customer with the payment of the monthly costs or with other payment obligations not only slightly in the delay of payment, safetransfer can withdraw with the continuation of the payment obligation the use authorization of the services until complete supplementary performance of the delay of payment and / or the use of further achievements refuse.
The right to termination without notice for good cause remains unaffected by the right to revoke the right of use.
If safetransfer terminates the contract after a corresponding warning in the event of other performance breaches of the customer or deadline for subsequent performance in the event of late payment, the customer is obliged to pay a lump-sum damages instead of the performance in the amount of the monthly costs for the remaining contractual period. A warning is not required if the customer backs a debit, in this case safetransfer is also entitled to a termination without warning. The monthly costs are calculated on the basis of the average bill of the previous 3 months. If no 3 months have elapsed since the beginning of the contract, the average of the previous time is used as the basis for calculation. The parties are at liberty to prove that a higher, lower or no damage has occurred.
Safetransfer has the right to change the terms of the service to be provided at its discretion in consideration of the technical requirements and market conditions, as far as this is reasonable for the user.
Changes to these terms and conditions will be published in the service. Changes to the terms and conditions, which do not fall under paragraph 1, the user will be informed in text form. The changes take effect as long as the user does not object to the respective changes at the latest 14 days after receipt of the change notification in text form. The user is informed about the meaning of his silence together with the change notification. If the user objects to the change, safetransfer is entitled to terminate the contract properly at the end of the term. If safetransfer does not exercise this termination right, the contract will be continued under the conditions prevailing until then.
Safetransfer is entitled to transfer the rights and obligations arising from the contractual relationship in whole or in part to a third party with a notice period of four weeks. In this case, the member is entitled to withdraw from the license agreement.
The law of the Federal Republic of Germany. The provisions of the UN Sales Convention do not apply.
If the user is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of safetransfer. The same applies if the user does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the complaint is filed.