General Terms and Conditions (AGB)
for the use of FastMove
1 Scope of application
(1) These General Terms and Conditions ("GTC") govern the use of the Software-as-a-Service solution FastMove between
cokuna communication Prager Str. 3 in 01069 Dresden ("Provider")
and
- the customer ("User", "Customer").
(2) Deviating, conflicting or supplementary terms and conditions of the Customer shall not become part of the contract unless the Provider expressly agrees to them in writing.
2 Subject matter of the contract
(1) The Provider makes the cloud-based software solution FastMove available to the Customer via the Internet.
(2) The performance features, range of functions and system requirements are set out in the current service description on the provider's website.
(3) The provider does not owe any specific results, but rather the provision of the software and the storage of customer data during the term of the contract.
3 Registration and conclusion of contract
(1) Use requires registration on the platform.
(2) By registering or placing an order via the website, the customer submits a binding offer to conclude a contract of use.
(3) The contract is concluded by the confirmation of the provider in text form (e.g. e-mail).
4 Services of the provider
(1) The Provider shall provide the software during the term of the contract with an annual average availability of 98% (excluding maintenance times and force majeure).
(2) Updates, security patches and functional enhancements shall be installed regularly.
(3) Support services are part of the contract, insofar as agreed in the service description.
5 Obligations of the customer
(1) The customer undertakes to use the software only within the scope of the contractually agreed purposes.
(2) The customer may not store or distribute any illegal content.
(3) Access data must be treated confidentially and protected from access by third parties.
(4) The customer is responsible for securing his system environment (Internet connection, hardware, browser).
6 Rights of use
(1) The provider grants the customer a simple, non-transferable right of use limited to the term of the contract.
(2) Passing on access or transfer to third parties is prohibited unless expressly authorised.
(3) All rights to the software shall remain with the Provider.
7 Remuneration and terms of payment
(1) Utilisation is subject to monthly or annual payment in accordance with the current price list.
(2) All prices are subject to statutory VAT, unless otherwise stated.
(3) Invoices are payable without deduction within 14 days of invoicing.
(4) In the event of late payment, the provider is entitled to block access to the software after prior notice.
8 Data protection and data security
(1) The Provider processes personal data exclusively in accordance with the General Data Protection Regulation (GDPR).
(2) An order processing contract (AVV) in accordance with Art. 28 GDPR will be provided on request.
(3) The Provider shall take appropriate technical and organisational measures to protect the Customer's data.
9 Warranty and liability
(1) The Provider warrants that the software will be provided in accordance with the contract.
(2) There is no warranty obligation for only insignificant deviations from the agreed quality.
(3) The Provider shall only be liable - irrespective of the legal grounds - in cases of intent and gross negligence.
(4) In the event of slight negligence, the provider shall only be liable for breach of essential contractual obligations (cardinal obligations), and liability shall be limited to the typically foreseeable damage.
(5) Liability for data loss is excluded if the customer has not carried out regular data backups.
10 Term and cancellation
(1) Contracts shall have the agreed minimum term.
(2) Unless otherwise agreed, the contract shall be automatically extended by the original term if it is not cancelled with a notice period of 4 weeks to the end of the term.
(3) The right to extraordinary cancellation for good cause remains unaffected.
11 Changes to the GTC
(1) The Provider reserves the right to amend these GTC insofar as this appears necessary and does not unreasonably disadvantage the Customer.
(2) The customer will be notified of changes by e-mail at least 6 weeks before they come into effect. If the customer does not object within this period, the changes shall be deemed accepted.
12 Final provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction for merchants, legal entities under public law or special funds under public law is the registered office of the provider.
(3) Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.