GTC

General Terms and Conditions (AGB)

for the use of the pre-paid Internet forwarding software of Easy-Shipping-Online GmbH

§ 1 Scope of application

These General Terms and Conditions (GTC) apply to the use of the pre-paid Internet forwarding software (hereinafter referred to as “Software”) of Easy-Shipping-Online GmbH, represented by Carsten Caliendo and Stefan Caliendo, Winzerweg 3, 79291 Merdingen (hereinafter referred to as “Provider”) and the customer (hereinafter referred to as “Customer” or “User”).

The software has been specially developed for the processing of transport orders and is aimed exclusively at entrepreneurs in accordance with Section 14 of the German Civil Code (BGB), such as companies, freight forwarders and transport service providers. Private individuals according to § 13 BGB are excluded from use.

The customer’s general terms and conditions are not accepted, even if their validity is not expressly contradicted.

§ 2 Service description

The provider provides the user with software that can be used in accordance with the selected prepaid tariffs. The software enables the user to execute, manage and create business documents such as offers, invoices and transport orders.

The exact functions and features of the software are listed in detail on the provider’s website and in the respective product description. The user must inform himself about the information provided before concluding the contract.

The provider guarantees the functionality of the software in accordance with the stated specifications. An Internet connection is required to use the software, the availability and quality of which is outside the provider’s area of responsibility.

The provider shall provide the user with regular updates and improvements to the software during the term of the contract. The user is obliged to install these updates in order to ensure the proper functioning of the software.

The provider offers the user technical support, which is available during normal business hours. The support includes assistance with technical problems and questions regarding the operation of the software.

The provider guarantees an average annual availability of the software of 98%. This availability does not include times when the software is unavailable due to maintenance work, updates or force majeure. The provider shall inform the user of planned maintenance work in good time.

The provider does not guarantee the compatibility of the software with the end devices, operating systems or other software programs used by the user. Before using the software, the user is obliged to ensure that his technical requirements allow the software to be used.

The provider reserves the right to further develop the software and to make changes to the functions and performance features, provided that these changes do not significantly impair the contractually agreed main services. The user shall be informed of such changes in good time.

The provider is entitled to temporarily or permanently discontinue the software provided or parts thereof if important reasons make this necessary. In such a case, the user will be informed in good time and offered an alternative solution if necessary.

The scope of the contract depends on the prepaid tariff selected by the user. The user is not entitled to any additional services that are not expressly listed in the contract or the product description. Changes to the scope of services must be made in writing and require the express consent of both contracting parties.

§ 3 Conclusion of contract

The provider provides information about the software offered and the various prepaid tariffs on its website or via other communication channels. This information is non-binding and does not constitute a legally binding offer.

The customer can submit a binding offer to conclude a contract by selecting a desired prepaid tariff and completing the corresponding online order form. The user must provide their personal data and the desired payment method.

After submitting the online order form and successful payment in advance, the customer receives an automatic order confirmation by e-mail. This order confirmation represents the acceptance of the offer by the provider.

The customer is obliged to check the payment information contained in the order and to pay the usage fee in advance within the specified period.

The contract is concluded upon receipt of the order confirmation by the customer.

The provider reserves the right to reject the customer’s offer without giving reasons. In this case, the customer will be informed and will not be charged any costs.

The contract shall be concluded in German. The provider is also entitled to offer the conclusion of the contract in other languages, whereby in this case the German version of the contract shall prevail in case of doubt.

§ 4 Tariffs and users

The provider offers the use of the software in various prepaid tariffs. The tariffs are staggered as follows:

• Flex: 29,00 Euro, use of the software for 1 month
• Smart: 87.00 euros, use of the software for 3 months
• Partner: 348.00 euros, use of the software for 12 months

Each tariff includes the use of the software by up to 3 users. Additional users (at €6.90 per user) can be added when a new tariff is taken out and are bound to the term of this tariff.

The customer is free to choose the number of users for each new tariff. When a new tariff is taken out, the remaining credit from the previous tariff expires.

Fees for additional users must be paid in advance together with the tariff fees. The additional users are activated after receipt of payment and can use the software immediately.

Every added user must accept the provider’s terms and conditions and data protection provisions when registering.

Price changes will be communicated to the user in good time before they come into effect. The user may terminate the contract before it comes into force, otherwise the new prices shall be deemed accepted.

§ 5 Term and termination

The term depends on the selected prepaid tariff:

• Flex: 1 month
• Smart: 3 months
• Partner: 12 months

The contract begins upon receipt of payment and ends automatically at the end of the booked period.

Premature termination by the user is not possible; the fee must be paid in full in any case.

Renewal takes place through renewed payment. There is no automatic renewal.

The provider may terminate the contract without notice for good cause (e.g. in the event of late payment or misuse). Fees already paid will not be refunded.

After termination, the software must no longer be used immediately. Data will be permanently deleted after one year if no new booking has been made.

Changes to the term or termination conditions must be made in writing and require the consent of both parties.

§ 6 Terms of payment

The user fees are paid via the payment provider Mollie. Mollie offers the following payment methods, among others:

• Credit card
• PayPal
• SEPA direct debit
• Apple Pay

The fee must be paid in full in advance before use. The user is liable for incorrect payment details. In the event of late payment, the provider may block the software without the payment obligation lapsing.

All prices are net prices plus statutory VAT. The provider will issue an invoice after payment.

Technical failures at payment service providers are outside the provider’s area of responsibility; the user is then obliged to use alternative payment methods.

§ 7 Use of the software

The user is obliged to use the software in accordance with statutory provisions and contractual agreements. Misuse, e.g. the creation of false documents, is prohibited.

The user may not pass on or lease the software to third parties unless expressly agreed by contract.

The user must keep his access data secret and is responsible for backing up his own data.

Tampering with the software is prohibited and may lead to it being blocked. The provider monitors use to ensure compliance with the conditions.

Actions that jeopardize security, in particular the distribution of malware, are prohibited. Maintenance interruptions will be announced in good time.

§ 8 Liability

The provider is liable for intent and gross negligence in accordance with the statutory provisions. For slight negligence, liability is limited to the foreseeable damage typical for the contract.

Any further liability is excluded. This also applies to vicarious agents.

In the event of data loss, the provider shall only be liable for damages that would have occurred even if the user had properly backed up the data. The user must make regular backups.

The provider accepts no liability for the accuracy of the documents created with the software.

§ 9 Data protection

The provider collects, processes and uses the user’s personal data exclusively within the framework of the statutory provisions.

The full data protection provisions can be viewed on the provider’s website.

The user consents to data processing insofar as this is necessary for the use of the software.

§ 10 Final provisions

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction is the registered office of the provider.

Should individual provisions be invalid, this shall not affect the validity of the remaining provisions.

Amendments or supplements must be made in writing.