General Terms and Conditions (GTC)
The following General Terms and Conditions (hereafter referred to as the "Terms") shall apply to all contracts between the
ecoDMS GmbH (hereafter ecoDMS)Dresdener Straße 1
52068 Aachen
Germany
and its clients for the supply of archiving software (hereafter: software) and/or offering its respective services, especially providing computer programs and updates/upgrades and performing related services.
These Terms shall apply equally to entrepreneurs and consumers.
A consumer in the sense of Section 13 of the German Civil Code [Bürgerliches Gesetzbuch] is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
An entrepreneur in the sense of Section 14 of the German Civil Code is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
Should the client be an entrepreneur in the sense of Section 14 of the German Civil Code, these Terms shall, conditional upon changes by ecoDMS, also apply to any future contracts between ecoDMS and the client without further reference to them.
In addition to these Terms, the EULA (End User License Agreement) and the SLA (Service Level Agreement) for the respective product shall apply to the use of any products or services provided to the client.
These Terms shall apply exclusively. Terms contrary to these Terms or general terms and conditions of the client deviating from these Terms shall not be recognized by ecoDMS, unless the Parties conclude a separate written agreement for their applicability.
§1 Contract Object
The object of contracts concluded between the client and ecoDMS
- the transfer of the respective software is offered by ecoDMS in electronic form, including the databases contained therein, the related user documentation and according products and services while granting usage rights within an agreed extent and further specified in these GTC,
- the providing of the services is offered additionally by ecoDMS (hotline, advice, user support, etc.) to the extent agreed to and regulated by these GTC.
The client shall not obtain any intellectual property rights to any of the provided software. The source code of software is not part of the provided software.
The product description on the ecoDMS website shall be decisive for determining the characteristics of the software provided by ecoDMS. ecoDMS shall owe no further characteristics for the software. The client may especially not derive any further characteristics from other depictions of ecoDMS software in public statements or advertisement, unless ecoDMS expressly confirms these further characteristics in writing.
Should ecoDMS employees and/or distribution partners and resellers provide guarantees prior to contract conclusion, such guarantees shall only be effective if confirmed by ecoDMS's management in writing.
The respective product description on the ecoDMS website (support packages) shall be decisive in determining the extent of the services to be provided by ecoDMS.
Installation of the provided software shall not be part of the contract. ecoDMS shall refer to the installation instructions. This shall especially also apply to the hardware and software environment in which the software is used. The software is only compatible with operating systems approved by ecoDMS. A list of approved operating systems is published by ecoDMS at "www.ecodms.de" and shall therefore be considered essential components of the respective contract.
Unless resulting otherwise from the ecoDMS product description(s) and these GTC, the client shall receive no additional support services, such as updates to acquired ecoDMS software or individual user support by ecoDMS.
§2 Contract Conclusion
Online Shop
The software products and additional services described in the ecoDMS online shop do not constitute binding offers by ecoDMS, but are provided to receive binding orders submitted by clients.
Clients may submit offers through the order process provided on the ecoDMS online shop. After placing the selected product in his virtual shopping cart and going through the electronic order process, the client may submit a legally binding contract offer for the goods in his shopping cart by activating the button that completes the order process.
ecoDMS may accept the client's offer within five days
- by sending the client an order confirmation in writing or in text form (fax or email) for which the receipt of the order confirmation by the client shall be decisive, or
- by ecoDMS providing the client with the ordered software for which the receipt by the client shall be decisive, or
- by ecoDMS requesting payment from the client after submission of his order.
Should several of the above-stated alternatives be present, a contract shall be concluded when one of the above-stated alternatives first occurs. Should ecoDMS not accept the offer of the client within the above-stated period, this shall be considered as a rejection of the offer.
The acceptance period for the offer shall commence on the day after the submission of the offer by the client and shall end with the expiration of the fifth day following the submission of the offer.
Order processing and contacting shall generally be performed by email and automated order processing. The client must ensure that the email address provided by him for order processing is accurate. Especially when using SPAM filters, the client must ensure that he can receive any emails sent by ecoDMS.
Contract Conclusion Outside of the Online Shop
Certain products and services offered by ecoDMS are only aimed at entrepreneurs in the sense of Section 14 of the German Civil Code. Contracts for such products and services may also be concluded outside of the ecoDMS online shop. A contract shall be concluded
- through the client accepting an offer submitted by ecoDMS in writing or in text form, or
- through ecoDMS sending a written order confirmation for an order submitted outside of the online shop, or
- through ecoDMS providing the ordered software to the client, or
- through ecoDMS requesting payment from the client after submission of his order.
§3 Notice of Withdrawal
If the client is a consumer in the sense of Section 13 of the German Civil Code, the client shall be instructed about his legal withdrawal rights as follows (may also be retrieved at: www.ecodms.de/index.php/en/right-of-withdrawal):
Notice of Withdrawal
Right of Withdrawal
You have the right to withdraw from the contract within fourteen days of the order date, without providing reasons.
The withdrawal period is two weeks from the date of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us
ecoDMS GmbH (hereafter ecoDMS)Dresdener Straße 1
52068 Aachen
Germany
Phone: +49 241 47572 01
Fax: +49 241 47572 29
Email:
of your decision to withdraw from the contract by sending us a clear declaration in writing (e.g., a letter by mail, fax or email). Although this is not required, the specimen withdrawal form to be used can be found under the following link www.ecodms.de/index.php/en/gtc.
The withdrawal term shall be deemed as observed if the notice of withdrawal has been sent well before the withdrawal term expires.
Muster Widerruf / Sample Withdrawal 2023 Consequences of Withdrawal:
When you withdraw from this contract, any payments that you may have made to us shall be paid back to you within fourteen days of the day we received your notice of withdrawal. For this repayment, we shall use the same mode of payment that you used for the original transaction.
Right of Withdrawal Expiration
Pursuant to Section 356(4) of the German Civil Code, the right of withdrawal from a contract for the delivery of services shall expire even when the contractor has rendered the service in its entirety and has begun with the execution after having received explicit approval from the consumer.
Pursuant to Section 356(5) of the German Civil Code, the right of withdrawal from a contract for the supply of digital content shall expire if execution has commenced, after the consumer
- has expressly agreed that execution may begin before the end of the withdrawal period and
- has confirmed his awareness that he will lose his right of withdrawal upon complete fulfillment.
§4 Information on Online Arbitration
Under the following link, the EU Commission provides a platform ("OS platform") for online dispute resolution: http://ec.europa.eu/consumers/odr/. The seller is neither required nor willing to participate in a dispute resolution procedure before a consumer arbitration center.
§5 Special Provisions for Resellers
If software is provided to commercial resellers, the reseller may provide the license to a third party to the agreed extent. In case of a resale, the serial numbers issued by ecoDMS must be stated on the invoice.
The reseller may not fully or partially reproduce the products and/or services, not even for data backup purposes.
§6 Fees
For providing the software and granting the required usage rights, ecoDMS shall receive a flat fee whose amount shall be determined by the respective product description. The prices stated by ecoDMS include legal VAT.
§7 Delivery
The handover of the main program to the client shall occur exclusively by downloading a digital copy. ecoDMS shall send the licensing key to the client by email. Should force majeure continue uninterrupted for more than 3 months, both Parties shall be released from their service obligations.
§8 Usage Rights
ecoDMS shall grant the client the simple, transferrable right to use the software in the agreed hardware and software environment without temporal limitations. Simultaneous saving, storing or use on more than one computer shall not be permitted.
§9 ecoDMS Printer Client (PDF/A Printer)
The ecoDMS Printer Client uses GPL Ghostscript 9.02. The ecoDMS Printer Client is subject to the GNU GPLv2. The source code may be requested from the author.
§10 Client Obligation to Cooperate
The client shall be solely responsible for establishing a functional hardware and software environment. The same shall apply to appropriate provisions in case the software fails to work fully or partially (e.g., daily data backups).
§11 Guarantee
Software
In accordance with sales law regulations, ecoDMS must guarantee that the provided software meets the agreed characteristics. Should the client discover a defect, he may report this via www.ecodms.de/index.php/en/support/error-tickets.
Additional Services
ecoDMS shall provide guarantees according to service contract law for support/hotline questions and work and labor contract law for software adjustments.
§12 Liability
Liability for simply negligent breaches of duty shall be excluded, except for essential contract duties. In case of loss of data, ecoDMS shall only be liable for the costs of the restoration from a proper backup.
§13 Special Regulations for Entrepreneurs (Section 14 BGB)
If the client is an entrepreneur, the statute of limitations for any guarantee claims shall be one year. The sole place of jurisdiction for any disputes arising from or in relation to the contract shall be the registered office of ecoDMS.
§14 Privacy
The privacy rules result from the Privacy Policy retrievable under www.ecodms.de/index.php/en/privacy-policy. Special regulations for Commissioned Data Processing apply according to Art. 28 DSGVO.
§15 Final Provisions
German law shall apply exclusively under exclusion of the UN Convention on the Sale of Goods (CISG). Changes and additions to the contract must be issued in writing. Should a regulation prove to be invalid, the validity of the remaining regulations shall remain unaffected.
AGB / GTC Version 1.3