General Terms and Conditions of humbee solutions GmbH, Meerbusch
1. Scope of the GTC
humbee solutions GmbH (hereinafter: “humbee solutions GmbH”) provides www.humbee.de or https://cloud.humbee.de a platform for improving personal work organisation and theme-centric cooperation in companies (hereinafter: Humbee). This may include: apps and locally installable components. For all services provided by humbee solutions GmbH on and humbee, including the statements relating thereto, these General Terms and Conditions (hereinafter: GTC) shall apply unless otherwise agreed in accordance with these GtC.
2. Conclusion of the contract
2.1 Humbee Basic Services
For free or paid use of certain Humbee services, the customer must register for Humbee under www.humbee.de. humbee solutions GmbH sends the customer an e-mail with a confirmation link upon his registration. With the activation of this link by the customer, the contract for the use of the Humbee basic services between humbee solutions GmbH and the customer is concluded.
2.2 Paid Humbee Services
The contract for the use of paid Humbee services is concluded by the customer ordering them under www.humbee.de or directly and humbee solutions GmbH then unlocks the product or available for download.
humbee solutions GmbH stores the order and/ customer’s registration data. The customer receives the order or Registration confirmation with all specified data by e-mail.
3. Cancellation notice for contracts for the supply of digital content
3.1 Right of Withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must send us, humbee solutions GmbH, Hauptstrasse 105, 40668 Meerbusch, e-mail: firstname.lastname@example.org by means of a clear statement (e.g. Inform a Letter, Fax or E-Mail sent by post of Your Decision to revoke this Contract. You can use the attached sample revocation form, but it is not mandatory. In order to respect the revocation period, it is sufficient that you send the notice of the exercise of the right of revocation before the expiry of the revocation period. This does not apply when concluding a contract outside the Internet or by direct individual conclusion of contracts between humbee solutions GmbH and the respective customer as well as in the conclusion of contracts with customers who are not consumers within the meaning of the law.
3.2 Consequences of revocation
If You withdraw from this Contract, we will have provided You with all the Payments we have received from You, including delivery Costs (with The exception of the additional Costs arising from your delivery being a different Type of Delivery than the cheapest one offered by us. Have chosen Standard delivery) to repay immediately and no later than fourteen Days from the Date on which we received the Notification of Your Revocation of this Contract. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment.
3.3 Note: Exclusion of the right of withdrawal
The right of withdrawal does not exist if you are an entrepreneur in accordance with Section 14 of the German Civil Code (BGB), i.e. a natural or legal person or a partnership with legal rights which, when the legal transaction is concluded, acts in the exercise of its commercial or independent professional activity.
End of revocation instruction
form (If you want to revoke the contract, please fill out this form and send it back.)
An humbee solutions GmbH, Hauptstrasse 105, 40668 Meerbusch; Email: email@example.com
By this, we (*) revoke the contract concluded by mir/uns (*) for the purchase of the following goods (*)/the provision of the following service (*)
Appointed on (*)/get on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for communication on paper)
(*) Distant incorrect.
4. Humbee services
humbee solutions GmbH offers the following services via Humbee:
4.1 Humbee Basic Services
The Humbee Basic Services include the content accessible to unregistered and/or registered users via the Humbee Portal in accordance with its contract (e.g. such as the use of tasks, tasks, lists, and the ability to manage documents in the guest role). The use of Humbee basic services can be purchased for a fee, unless they are free of charge, by individual purchase and/or as part of a subscription. The correct and appropriate use of the functions of humbee is the responsibility of the customer.
4.2 Humbee Additional Services
The humbee additional services include functions that go beyond the basic services. These are displayed before and during activation or marked accordingly in the contract. The use of humbee additional services can be purchased by individual purchase and/or as part of a subscription. The correct and appropriate use of the functions of humbee is the responsibility of the customer.
4.3 Humbee data storage
Humbee allows the customer to store data (e.g. employee master data) and its use in the operations and application scenarios it creates. In the case of the storage of personal data, the customer is recommended to conclude an agreement on order data processing (see Paragraph 12). A prerequisite is the conclusion of a valid user contract by the customer. The customer remains obligated to comply with the data protection regulations which are the order of the day.
5. Access / Availability / IT Requirements
The customer will have access to Humbee upon conclusion of the contract in accordance with clause 2. Each account may only be used by the customer to whom the account has been assigned. The customer must keep the account data secret and protect it from access by third parties by means of reasonable precautions. In the event of an infringement, humbee solutions GmbH reserves the right to block access.
humbee solutions GmbH provides Humbee with 24 hours/day and 365 days/year at 99.5% per month, but excluding maintenance work. As far as possible, humbee solutions GmbH will inform the customer in good time about planned maintenance work. Such maintenance work takes place in particular between 20:00 and 5:00.
5.3 IT requirements
In order to use humbee and to view the electronic content, a suitable terminal device and access to the Internet, in the case of subscriptions over the entire term of the contract, are necessary.
humbee solutions GmbH grants the customer a simple, non-exclusive right to use Humbee for the duration of the contract within the scope of his commercial, independent or scientific activity for his own use. The customer may only use functions or content that he has retrieved or downloaded from Humbee for his own use in the course of his commercial, independent or scientific activity. Any further use, in particular the systematic transfer and/or sale to third parties is excluded.
7. Performance changes
7.1 Performance Updates and Enhancements
humbee solutions GmbH is entitled to update and extend content and functions at any time in order to ensure their high quality standard on an ongoing basis.
7.2 Performance exchange and limitations
humbee solutions GmbH is entitled to exchange or restrict content and functions appropriately if the exchange or restriction is necessary for humbee solutions GmbH and is reasonable taking into account the interests of the customer. This is particularly the case if the licence right on which the service is based has ceased to exist and this was not foreseeable for humbee solutions GmbH at the time of conclusion of the contract; or the removal of a technical content is absolutely necessary for technical reasons.
If an exchange or restriction substantially restricts the customer in the use of content and functions and therefore has no interest in the service, he can terminate the contract for the affected service without notice; the cancellation must be declared within six weeks from the comman of the change.
The customer is obligated to comply with the applicable laws when using Humbee. In the event of a violation of the law or the hiring of illegal content by the customer, which legally oblige humbee solutions GmbH to adapt or restrict the use, humbee solutions GmbH reserves the right to make a corresponding adjustment or restriction.
humbee solutions GmbH maintains Humbee throughout the entire contract period and will usually fix any errors by means of updates and bug fixes. The customer can be contacted by email support for all technical and application-related questions at firstname.lastname@example.org from Monday to Friday from 8:00 a.m. to 6:00 p.m. Excluded are federal public holidays. Support can also be provided by remote maintenance. If the customer makes use of remote maintenance, he is required to close content with personal or otherwise confidential data in advance.
9. Prices / Invoicing / Maturity and payment method / Set-off and right of retention
9.1 Amount of prices and price adjustments
The amount of the prices for Humbee services depends on the prices valid at the time of conclusion of the contract. All prices are in EURO plus VAT (if applicable). humbee solutions GmbH reserves the right to increase prices appropriately. In this case, it will inform the customer at least four weeks in advance. If the increase is more than 5%, the customer is entitled to an extraordinary right of termination.
9.2 Invoicing, maturity and method of payment
Unless otherwise agreed, invoices from humbee solutions GmbH with access granted or download is due and must be paid net without any deduction within ten days of receipt of the invoice. A direct debit is collectable 10 days after the invoice date.
The customer agrees that the invoice will be sent by e-mail. For this purpose, the customer must provide his current e-mail address when ordering and ensure that the receipt of e-mail is not prevented by technical blocking (spam filters). The pre-notification deadline is reduced to 5 days. The customer agrees to cover the account.
In the case of contracts on a temporary period, the invoice is due at the beginning of the respective contract term, unless otherwise agreed. humbee solutions GmbH is entitled to supply the customer by cash on delivery, against advance payment or only after the issue of a direct debit authorisation. The same applies in case of repeated and/or constant late payment.
If, after conclusion of the contract, it becomes apparent that humbee solutions GmbH’s claim for consideration is jeopardised by the customer’s inability to perform, humbee solutions GmbH may refuse the service in question until the customer pays the consideration. effect or has provided security for them.
humbee solutions GmbH may determine a reasonable period of time during which the customer is to effect the consideration or provide security in return for the performance at his discretion. humbee solutions GmbH is entitled to withdraw from the contract after expiry of the deadline.
9.3 Set-off and right of retention
The offsetting of the customer is excluded, insofar as the counterclaim is not legally established, ready for decision or undisputed or includes a claim for compensation due to rectification costs from the same contractual relationship.
In relation to claims of humbee solutions GmbH, the customer, if he is an entrepreneur, can only assert a right of retention insofar as it is based on undisputed claims arising from the same contractual relationship that are ready for decision or have been legally established. or concerns a right to rectification of defects under the same contractual relationship.
The warranty of defects is governed by the law, modified according to the following provisions:
humbee solutions GmbH will maintain and update Humbee with the usual contractual care. humbee solutions GmbH does not guarantee the correctness, completeness and accuracy of the content, function-related data and other services. The functions and contents are determined exclusively according to the law of the Federal Republic of Germany.
10.2 Warranty period
The warranty period for contractors is 12 months from the provision of the service, unless the defect has been fraudulently concealed or concerns a quality guarantee.
10.3 Claims for damages
Claims for damages due to defects shall only be entitled to the customer if the liability of humbee solutions GmbH is not excluded or limited in accordance with the following provision.
humbee solutions GmbH is fully liable for intent and gross negligence. In the case of a slightly negligent breach of an obligation, the breach of which jeopardises the achievement of the purpose of the contract or whose fulfilment enables the proper execution of the contract in the first place and on whose compliance the customer was entitled to rely on compliance. herefollowing: Cardinal Obligation), liability is limited to foreseeable damages typical of the contract.
11.2 Disclaimer of liability in the event of slight negligence
humbee solutions GmbH is not liable in the event of a slightly negligent breach of ancillary obligations that are not cardinal obligations.
11.3 Disclaimer in case of initial impossibility
Humbee solutions GmbH shall only be liable for the cases of initial impossibility if it was aware of the impediment to performance or if the ignorance is due to gross negligence, provided that no cardinal obligation is affected.
11.4 Limitations of disclaimer
The foregoing disclaimers do not apply in the event of fraudulent concealment of defects or assumption of a guarantee or procurement risk, liability for claims under the Product Liability Act or for bodily injury (life, body, health). This does not entail a change in the burden of proof to the detriment of the customer.
11.5 Liability of representatives and vicarious agents
Insofar as the liability of humbee solutions GmbH is excluded or limited, this also applies to the personal liability of its employees, employees, employees, representatives and vicarious agents.
With the exception of claims arising from tort, claims for damages by the customer for which liability is limited according to this paragraph shall become time-barred in one year from the statutory commencement of the limitation period.
12. Data protection
Insofar as the user has personal data (e.g. employee data), humbee solutions GmbH offers the user the conclusion of an agreement for order data processing.
13. Contract Term / Termination / Legal Consequences
13.1 Contract term
Contracts for the use of Humbee services in the subscription have a fixed term of one month or one year at the time of conclusion of the contract, unless otherwise agreed. The contract shall be extended by the period of the chosen term (i.e. by one month or one year) unless one party terminates the contract at the end of the contract period.
13.2 Termination for good cause
The right to terminate without notice for good cause remains unaffected. Paragraph 7.2 Sentence 3 Half Sentence 2 and Section 9.3 Sentence 2 remain unaffected.
13.3 Partial cancellations
Partial cancellations, d. (h). Terminations of individual Humbee services are permitted.
Terminations must be made in text form.
13.5 Legal Consequences
The cancelled Humbee services are no longer available to the customer. The customer shall ensure that content and/or, if applicable, other data (e.g. employees’ master data) are stored elsewhere. Upon written request, the customer may at any time have the effect of deleting his data.
14th. Applicable law / place of performance / Place of jurisdiction / Severability clause / Contract changes / General Terms changes
14.1 Applicable lawIf the
customer is a merchant, german law exclusively applies to all legal disputes arising out of or in connection with Humbee services, excluding the UN Convention on Contracts for the International Sale of Goods.
14.2 Place of performance
The place of performance for all obligations of the contractual partners is – if the customer is a merchant – at the registered office of humbee solutions GmbH.
14.3 Place of jurisdiction
The exclusive place of jurisdiction is at the registered office of humbee solutions GmbH if the customer is a merchant or is not domiciled in an EU member state. in these cases, humbee solutions GmbH is also entitled to bring an action before any other competent court.
14.4 Severability clause
Should individual provisions in these General Terms and Conditions be void, the contract shall remain in effect.
14.5 Changes to the Terms and Conditions
humbee solutions GmbH may change the GTC during the term of contracts. Changes will be notified to the customer at least two months in advance. They shall take effect on the specified date and shall be deemed to have been approved if the customer does not terminate the contract within the ordinary notice period referred to in clause 13.1. This is particularly pointed out at the time of the announcement.
Meerbusch, 08. June 2017