1. General applicability
The following terms and conditions are applicable to all contracts between users of CentralPlanner services and their supplier 42he GmbH (42he as follows). They are binding as they stand upon contract conclusion. Any other terms brought into negotiation by users must be approved by 42he in written form.
An agreement to the following terms and conditions is given at latest upon registration to CentralPlanner systems.
- 42he provides the ability to store any information on contacts and sales as well as their adjoint tasks, documents and company relations.
- CentralPlanner is a web-based service provided by 42he. Access to the internet is required to use the service, it is not provided by 42he as part of the contract.
- 42he appoints the necessary rights to use the applications of CentralPlanner, within the limitations of clauses 4. and 5. of these terms and conditions.
- The extent to which services are provided depends on the chosen package size by the customer.
- 42he reserves the right to alter and improve the provided services. A right to any further functions, exceeding those described in subclause 1 does not exist.
3. Assignment to third parties, involvement of third parties
42he reserves the right to assign and involve third parties if necessary to fulfill the users' contractual obligations. Any users' suggestions to assign and involve third parties must be approved by 42he in written form. Specific data protection measures are explained within the privacy terms.
4. User obligations
- Users are required to give the correct necessary information to create and alter their account.
- Users are obligated to abide by current law and legislation.
- CentralPlanner users are not allowed to misuse services provided by 42he. This is especially the case, if and when
- users share or distribute illegal, defaming, pornographic or any other inappropriate content through CentralPlanner services.
- users impair CentralPlanner services by applying technical resources or methods.
- 42he reserves the right to delete any users' illegal or inappropriate content.
- Users are required to manage their account and access details self-responsibly. They are also obliged to protect their CentralPlanner account details from unauthorized perusal by others. Users are bound to pay for any unauthorized services ordered by third parties through the users' account, as long as they can be held accountable for the interference. 42he is to be informed immediately in case third parties acquire the users' account access details. Users must change account access details in case they suspect others may have acquired their current access details.
5. User rights
- 42he provides an easy and not transferable or sublicensable right to use CentralPlanner services throughout contract duration.
- CentralPlanner is a web-based service through one or multiple servers at 42he. The software itself is not transferred to users.
- The preliminary rights also apply in case CentralPlanner is altered or updated during contract duration.
6. Access to services
42he will provide access to all services stated in clause 2 subclause 1 to 95% of the annual average. 42he does not give warranty for any defects they cannot be held accountable for.
7. Return policy
Contract agreements may be rescinded in written form (Email, Mail, Fax) within 14 days without explanation. The rescission period starts once these terms of agreement have been confirmed. Sending the declaration of rescission is sufficient to comply with that term. The address for all rescissions is: firstname.lastname@example.org
Marktstraße 10 - Gebäude E8
A valid rescission leads to an exchange of all rendered services. Both parties are restored to their positions before the contract was concluded. Made uses (interest for example) are to be surrendered. Should you not be able to return the rendered services in part, at all or only in a deteriorated manner, you may be obliged to compensate those losses. Obligatory compensation is to be made within 30 days. This compensation period starts once you have sent your declaration of rescission and we have received it. Your right to rescind the contractual agreement expires early if you or both parties conclude the contractual fulfillment before you declare the rescission.
- 42he is fully liable only for malicious intent and gross negligence.
- Any liabilities extended to 42he by the Product Liability Act remain unaffected.
- Any other rights to damage compensation, contract alteration, price reduction, rectification, cancellation or rescission are excluded. Consequential damages, such as production outage, use deficiencies, profit or data loss will not be compensated by 42he. These limitations apply within their legal borders; any liability for helpers is also excluded.
9. Data protection
- Any personal data shared with 42he is held confidential. All staff members and third parties involved are also required to keep user data confidential and to abide by §5 of the Federal Data Protection Act.
- Users personal data will not be accessible to uninvolved third parties other than the ones needed to fulfill contractual obligations, such as bank institutes, payment service providers or credit card distributors. These institutes will only receive user data necessary to the payment process. Customer or user contacts will not be transferred thereby. Attached user files are stored on an external server provided by a supplier. All user information is kept within the EU. User files are secured to a high standard by redundant storage and data-specific 128bit encryption. File names and their URL are not disclosed to third parties. CentralPlanner users are also obligated to keep direct URLs confidential within their accounts to ensure data protection.
- User information is deleted 14 days after account deactivation unless 42he is legally obliged to keep it. The deletion procedure to data acquired from toll-free accounts is explained in clause 12 subclause 2.
- Further data security regulations and practices are referred to within the 42he websites privacy terms.
10. Conclusion of contract and toll-free test phase
- Contracts are concluded upon user registration. Registration is completed by clicking the registration link within the confirmation email, for instance. Successful registration to one of the fee-based plans leeds to a chargeable agreement. The monthly fee itself is determined by the current price of the chosen plan.
- Users may try CentralPlanner for free for an unlimited period of time, as long as they do not choose to upgrade to a fee-based plan. Toll-free accounts and the data they include are only deleted, if they are not activated for at least sixty days. The contractual relationship is repealed retroactively, which leads to no costs for users.
- The costs of an account upgrade to a fee-based plan are first charged within the following month. For example: should a user create a toll-free account on March 5 and then choose to upgrade to the “SmallOffice” plan on March 10, the first charge for April would be collected on April 1. The month of march would be entirely toll-free.
- Contract relationships between 42he and users run for indefinite periods of time.
11. Terms of payment
- The monthly fee is determined by the current price of the particular plan at contract conclusion. Should nothing else be negotiated between 42he and the user, all fees are to be considered gross prices – including the value added tax.
- The monthly fee for CentralPlanner services is due at the beginning of every accounting month. Payment is possible by direct debit or by credit card.
- Users are obligated to ensure their payment accounts are covered. Should payments not be made due to circumstances, which the user is responsible for, 42he may charge the additional costs incurred at the respective amount.
- In case of a default of payment of more than 14 days, 42he is entitled to deactivate the account of the user until all demands have been met. User data security will remain unaffected.
- An interruption in the provision of CentralPlanner services following a payment delay on behalf of the user will not result in a reduction of demands. Compensation on both sides remains possible, if and when all claims are legally binding or undisputed by 42he.
- Users of CentralPlanner services receive the monthly invoice in PDF format; it may be examined and downloaded at any time within the account.
12. Contract termination
- Users may autonomously terminate contracts within their CentralPlanner account administration. The period of notice is four weeks at the end of each month.
- Users may always export their stored data as copies. They are however self-responsible of ensuring that copies of such data are downloaded and secured before the contract period ends. As described in clause 9 subclause 3, data may still be collected for approximately 14 days after contract termination. The account and all its contained data is then deleted by 42he.
- 42he reserves the right to terminate a contractual relationship with a user without stating reasons, complying with a deadline of three months to the end of the accounting month.
- 42he reserves the right to terminate the contractual relationship at the end of the current accounting month, if the user has been in arrears with the payment of the monthly amounts for more than 6 weeks. Any prior claims of 42he, due to the use of CentralPlanner services, remain unaffected.
- Any extraordinary rights of termination on behalf of the user remain unaffected.
13. Changes in terms and conditions
- 42he reserves the right to alter these terms and conditions in order to meet adaptations to amended legal regulations or to extend the range of services offered (for example).
- 42he will inform users of all changes to the general terms and conditions via e-mail in a timely manner. Changes are legally binding, should the user not object to them within 14 days. Users will be specifically pointed towards the possibility of objection and its deadline within the e-mail.
- 42he has the right to terminate the contractual relationship at the end of the current settlement month, should the user object to alterations to the general terms and conditions.
14. Final clause
- The effectiveness of the remaining terms and conditions will not be affected, should individual parts of the included provisions be or become invalid. The contractual parties shall then replace invalid provisions with economically similar yet valid content.
- If the user is a merchant, a legal person of public law or a public fund, Cologne (Germany) shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
- The law of the Federal Republic of Germany applies, excluding all UN sales law.