General Terms and Condition for commercial Subscriptions
General Terms and Condition for commercial Subscriptions
Last updated: March 22, 2018
1. Scope of application
1.1. These General Subscription Conditions apply to the subscription for the paid functions of the Signl4 app between the customer and Derdack GmbH (hereinafter “Derdack”).
1.2. The subscription is made available in different versions on the website www.signl4.com for companies whose employees use the Signl4 app. The paid functions of the Signl4 app can be subscribed to only by the companies themselves in accordance with the fol-lowing General Subscription Conditions. The General Subscription Conditions can be stored and/or printed out.
Only companies, business professionals, freelancers and public institutions are of-fered the conclusion of a contract. Consumers as defined in § 13 German Civil Code (BGB) and other local laws and regulations are not offered the conclusion of a contract pursuant to 2 of these General Subscription Conditions
2. Paid Versions
2.1. There are various versions providing different functions of the Signl4 app: The free test version is provided by Derdack at its own discretion for a limited period of time. It has the functions Mobile Alerts, Alert Acknowledgement and Standby Overview for a maximum of five people. Derdack reserves the right to discontinue the free version at any time.
2.2. Other paid versions with additional features, each described on the website www.signl4.com can be subscribed to via the website www.signl4.com for the monthly charge specified on the website for the respective region:
2.3. The version Notify and Connect
2.4. The version Optimize.
2.5. The version Maximise.
3. How to subscribe
3.1. Only users registered for the use of the Signl4 app (in the following Registered Users) are entitled to use the services. For this purpose, it is first necessary to install the app on a mobile end device via Apple or Google Play. The data requested by the app must then be fully and correctly provided. After the data have been provided, Derdack will send the user a confirmation code via email to the email address provided. Then the user must confirm the confirmation code again by entering the code in the app. After receiv-ing this confirmation from the user, Derdack will set up an individual user acount for the user and inform the user that this has been done. This information about the successful set-up of the user account completes the registration process, and a user contract between Derdack and the Registered User for the free use of the app is concluded.
3.2. The contract for the subscription to additional paid functions will be concluded if the customer books paid functions of the Signl4 service via the website www.signl4.com. The subscription to additional functions can be made only online via the website www.signl4.com.
3.3. The customer, as Registered User, can select one of the subscriptions described above by clicking on it.
3.4. After the customer has selected the desired subscription, he will continue with the ordering procedure by clicking on “Continue”. The customer is then asked to provide his personal data and continue the ordering procedure by clicking on “Continue”. In the next step, the customer is asked to provide credit card data. The customer continues in the ordering procedure by clicking on “Continue”. After the customer confirms that he has read and accepted the general terms and conditions and the data protection provi-sions, by clicking on “Continue” he will arrive at a detailed overview of the details of the subscription selected by him and of any other costs incurred in connection with the or-der.
3.5. Before sending the order by clicking “Send order (fee required)”, the customer has the option to correct his entries in any phase of the ordering process by clicking on “Back”.
3.6. The order of the subscription is triggered by clicking on “Send order (fee required)”. In placing the order, the customer bindingly declares his willingness to conclude the con-tract for the subscription.
3.7. The customer can store and/or print out the contractual terms and the content of his order immediately after placing the order.
3.8. Immediately after placing the subscription order, the customer is informed of the receipt of his order by an email confirming receipt (“Subscription Confirmation”). Such confir-mation of receipt constitutes the acceptance of the order placed by the customer.
4. Access data, system requirements
4.1. After having completed the registration via the Signl4 app, the customer will be provided password-protected, electronic access by using the access data provided to him (user name, initials, automatically generated password). These access data can be personalised and changed, in particular the password. The customer has to keep the access data safely protected from access by third parties. These access data must not be passed on to third parties. The customer has to prevent unauthorised use of the access data by third parties.
4.2. Derdack does not assume liability for the constant availability of the online connection and the availability of the servers.
4.3. A prerequisite for the use of the services is that the Registered User has an internet-enabled mobile device on which the relevant version of the iOS or Android operat-ing system stated as minimum requirement during the download is installed. Moreover, the use of the services requires an internet connection that provides a sufficient data transmission rate. Derdack reserves the right to adapt the services to the market conditions on an ongoing basis. In order to use the services, it is therefore particularly necessary to keep the operating system of the mobile end device and the app updated. Adjustments may also lead to the situation that in the future especially older end devices will no longer fulfil the requirements or will fulfil the requirements only to a limited extent.
5. Prices and payment
5.1. All prices on our website and in our price list as amended from time to time accessible under https://www.signl4.com/pricing/ or specified in other information are to be understood as net prices in the given currency plus the applicable value added or sales tax.
5.2. The currently applicable monthly costs for the use of the respective paid versions of the app can be seen from the current price list accessible under https://www.signl4.com/pricing/.
5.3. Payment will be due monthly in advance and debited automatically on the basis of the credit card data provided.
5.4. The customer may incur further costs through the use of the subscription that Derdack cannot influence. This includes, in particular, costs incurred by the use of the internet or the purchase or use of mobile devices. These costs are not included in the subscription price.
6. Price changes
Changes in price are published on the website www.signl4.com.
7. Default on payment
If the customer defaults on payment, Derdack will be entitled to block the ac-cess to the paid functions. Furthermore, Derdack reserves the right to assert statutory claims.
8. Term of agreement
8.1. Unless provided otherwise, the subscription contract is for an indefinite period of time. The subscription contract concluded for an indefinite period of time can be terminated with two weeks’ notice with effect at the end of a calendar month by Derdack.
8.2. The customer may terminate the subscription at any time with effect at the end of the month for which the subscription has been paid in advance. The subscription will then expire. The termination option is provided via the web portal under http://account.signl4.com/manage. By clicking on the “Terminate” button on this portal, the subscription will be terminated with effect on the next possible date. The customer receives an email about this to his email address provided on the web portal.
8.3. If prices increase, customers have a special right of termination. This does not affect the right to terminate for good cause.
In cases of slight negligence, Derdack will be liable only in the event of breach of contractual duties the fulfilment of which shapes the contract and on which the con-tracting partner may rely, and the liability is limited to the foreseeable loss typical for this type of agreement. This does not apply to injury to life, body or health or to instanc-es of mandatory statutory liability, in particular, cases of damage under the German Product Liability Act (“Produkthaftungsgesetz”).
10. Governing law and place of jurisdiction
10.1. The law of the Federal Republic of Germany is applicable, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
10.2. If the customer is a businessman, a legal person under public law or a special public fund, the exclusive place of jurisdiction will be Potsdam, Germany.
11. Public Announcements
Derdack can use the customer’s company name and logo on the website, in product brochures, case studies and financial reports indicating that your company is a customer of Derdack.
If you have any questions about these Terms, please contact us.