Terms of service
WebConnector World SL (WBC) offers WebConnect FCZO online services and software licenses (hereinafter also: “Services”, “Products”, software or services) for various platforms.
§ 1. General
These General Terms and Conditions (GTC) form the basis for the use of WBC services and govern the contractual relationship between the provider(s) and the client (hereinafter also referred to as user, user, acquirer or user). If and insofar as separate licence agreements exist for products (e.g. software licence agreements or subscription conditions in the WBC Store, GTC of third-party providers, etc.), these shall apply in addition.
Services of WBC shall be provided exclusively on the basis of these GTC in the version valid at the time of use. Deviating provisions shall only be valid if they have been agreed in writing between all parties. This written form requirement shall also apply to any waiver of the written form requirement.
Registration for the WBC customer account is free of charge. Usage-dependent or ongoing costs may arise if and to the extent that WBC services are used or products or services are licensed, activated or subscribed to.
WBC is entitled to immediately block customers in whole or in part for good cause, e.g. in the event of a breach of material contractual obligations.
§ 2 Contractual relationship, description of the services
1. The content of the contractual relationship between WBC and the customer results from these GTC, the WBC websites including the online product information and the WBC product sheets.
- express reference is made to current reports, product sheets, newsletters and customer information. Unless otherwise stated, the provision of new services and the extension of existing services shall be subject to these terms and conditions. 3.
- WBC reserves the right to make changes to the services at any time within the scope of product development and product maintenance. WBC may temporarily or permanently change or discontinue the contents/functions of individual services or the services themselves for good cause, provided this is reasonable for the client or there is a valid circumstance that is comprehensible to the client and recognisable in advance as good cause.
Such a weighty reason for a restriction, discontinuation or modification of the WBC services shall exist in particular if
- a service or product can no longer be maintained for legal reasons, in particular data protection reasons, or
- a product originally provided by a cooperation partner is not or no longer available, or
- insurmountable technical difficulties arise in the provision of services or products in connection with the (attempted) maintenance of availability, or
- the provision of services or products and the maintenance of their availability no longer appear reasonable for operational or business reasons.
WBC will announce any changes by e-mail, in the software or via web information/websites. The announcement may also be made by other means. The contractual relationship shall then continue with the new conditions / features.
§ 3 Formation of the contract
§ 4 Duties and obligations of the client
1. The client is responsible for the correct entry of his data when using the WBC services and must provide true, accurate, current and complete information about himself (registration data) and update it regularly. If the client violates this or if WBC should assume that the registration data in particular is not up-to-date, untrue or incomplete, WBC shall be entitled to temporarily or permanently block or delete the client’s online account in whole or in part and to exclude the client from using individual or all services now and in the future. The same shall apply in the event of significant breaches of the obligations incumbent upon the client as well as in the event of justified significant suspicion of a breach of obligations by the client.
2. After registration, the client shall be sent access data by WBC. Access data, in particular passwords (hereinafter also referred to as WBC access data, passwords or ciphers), i.e. all letters and / or numbers intended to prevent use by unauthorised persons, may not be disclosed to third parties.
WBC access data must be protected from access by third parties and must be changed at regular intervals for security purposes. If there is reasonable suspicion that unauthorised persons have gained knowledge of the WBC access data, the client must change the client or user passwords immediately and inform WBC in writing.
Furthermore, the Client shall ensure that when using the WBC Services via the central Internet access of the Client’s local network, this local network is protected against intrusion by unauthorised persons.
The client may only store or transmit access data and passwords in encrypted form (state of the art) on digital media. Multiple incorrect entry of access data may result in the online account or the usage option for which the password is valid being blocked. 3.
- the client is responsible for all actions taken using his/her WBC access data in connection with his/her WBC online account. The client is obliged to inform WBC immediately of any misuse of the WBC access data and / or the online account as well as of any other breaches of client-related security provisions.
The client shall also ensure that the online account is logged out after each use. 4.
- the software and services of the WBC shall be updated on an ongoing basis. The client shall be informed about updates and can decide whether or not to carry them out.
The installation of current updates is a prerequisite for the operation of the latest functionalities and the functionality of the WBC services as a whole, the operation of which is not possible or only possible to a limited extent if update installations are not carried out.
5. The customer is obliged to back up his data regularly on his own media. 6.
- the customer is responsible for the content posted or distributed via his online account, in particular for its legality. The responsibility for all media and content, i.e. information, data, texts, software, photos, graphics, videos, messages or other materials transmitted, lies exclusively with the customer, i.e. the user.
The customer may not send any content that contains malicious code, software viruses, spam or advertising code or any other information, files or programmes that may interrupt, destroy and/or restrict the function of software or hardware or telecommunications equipment. The client may also not interfere with or disrupt the servers or networks on which the WBC Services are based.
The client may not use the WBC Services as a reseller.
- The client is expressly advised that he/she is responsible for compliance with professional and ethical law as well as the general provisions of the Criminal Code, data protection law and the regulations on the protection of personal rights when using the WBC Services.
- the client is expressly informed that information on changes/improvements/settings to or of products or services is regularly published on the WBC website. The customer shall regularly inform himself about the range of services published on the website (see also § 2 of these GTC).
- Insofar as special system requirements for the use of WBC services or products are stated, the client shall ensure that these are met by his system.
- The client shall indemnify WBC against all claims of third parties arising from the violation of provisions of these Terms and Conditions. In the event of a violation of these Terms and Conditions, WBC reserves the right to block and, if necessary, delete the client’s online account, as well as to no longer make the client’s content generally accessible on WBC’s servers or to delete it.
§ 5 Data protection
1. WBC informs the client that the data collected in the context of the conclusion of the contract will be collected, processed and used by WBC in accordance with the German Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (DS-GVO) as well as the German Telemedia Act (TMG) applicable as of 25.05.2018.
This applies in particular to the customer’s personal data, i.e. his contact data, including names, telephone and fax numbers as well as e-mail addresses. Personal customer and billing data may be processed and used within the framework of the existing business relationship.
The aforementioned data (with the exception of WBC access data) may also be transferred to intermediaries and carefully selected partners of WBC in accordance with Art. 28 GDPR for the purpose of credit checks. Personal client data may only be transferred by WBC to third parties if and to the extent that there is a legal obligation to do so.
2. In all other respects, the general WBC Privacy Statement and any product-related provisions that may be displayed during use shall apply.
§ 5a Data protection, files and data – Interfaces to third-party providers
§ 6 Limitation of liability
1. WBC shall not be liable for damages resulting from a breach of duty for which the client is responsible, insofar as these would not have occurred if the client had acted dutifully. Furthermore, the client is advised that data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. WBC shall therefore not be liable for the constant and uninterrupted availability of the online system nor for any technical and electronic errors in the WBC software, applications and services.
WBC will endeavour to provide the WBC services as uninterruptedly as possible, but cannot guarantee 100% that the products and services will always function without interruptions, delays or other defects. This is because the products may be transmitted via (public) internet lines and therefore power cuts or interruptions to the internet service are possible, i.e. disruptions may occur, e.g. data packet losses and delays, which may affect the quality of communication.
In general, the following applies: Any liability of WBC (claims for damages by the client or reimbursement of futile expenses), insofar as such liability should exist, on whatever legal grounds, shall be governed by the provisions of this paragraph.
2. WBC shall be liable without limitation for damages arising from injury to life, body or health that are based on a negligent breach of duty by the service provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the service provider.
3. In the case of other liability claims, WBC shall only be liable without limitation in the absence of the guaranteed quality and for intent and gross negligence, including that of its legal representatives and executive employees.
For the fault of other vicarious agents, WBC shall only be liable to the extent of the liability for slight negligence pursuant to paragraph 4.
4. WBC shall only be liable for slight negligence if an obligation is breached, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation). In the event of a slightly negligent breach of a cardinal obligation, liability shall be limited to the foreseeable damage typical for the contract.
5. Liability for loss of data shall be limited to the typical recovery costs that would have been incurred if back-up copies had been made regularly and in accordance with the risk. Unless one of the conditions according to para. 2 or para. 3 applies.
6. Liability under the Product Liability Act remains unaffected. 7.
7. Contractual liability claims are subject to a limitation period of one year.
8. The customer is aware that when using software or a performance/service marked as a “beta version”, the software or performance/service may still be defective and damage to the system is possible.
The client undertakes not to assert any direct or indirect claims against WBC in the event of such damage.
WBC assures to remedy any software error mentioned by the client as quickly as possible in accordance with the urgency and the technical circumstances.
The client shall ensure that no security-relevant systems are impaired in any way by the use of software or a service marked as a beta version.
§ 7 Liability of the principal, consequences of breaches of duty
In the event of infringements of third party rights for which the client is responsible, the client shall be directly liable to such third parties. In the event of justified claims by third parties, the client shall be obliged to indemnify WBC, whereby something else shall only apply if the client proves that it is not responsible for the breach of duty that caused the damage.
§ 8 Payment obligations, invoicing, administration, electronic invoicing
The client receives a monthly invoice that explicitly states a payment term. The invoice is available in electronic form and is made available for viewing and downloading on a monthly basis in the customer account of the WBC online account. In the event of default in payment, the statutory provisions shall apply. The client shall only be entitled to set-off if his counterclaim has been legally established, is undisputed or has been acknowledged. The right of retention, in particular the defence of non-performance of the contract, shall remain unaffected. WBC may – without prejudice to other rights – block a client’s WBC online account due to significant breaches of duty, e.g. in the event of a payment default of at least € 50. In the event of a block, the obligation to pay and the assertion of further claims due to payment default shall remain in effect.
§ 9 Termination, duration
- the contractual relationship may be terminated by the client in writing with immediate effect at any time, but not before the expiry of the notice period for a product to which the client has subscribed. (Minimum) terms, notice periods for products and services are specified in the WBC Online Account, there in the WBC Store for the respective service or product and are accepted by the client by activating a subscription or licence as part of the ordering process. Unless technically implemented otherwise in the WBC Store, the client must terminate in writing.
- WBC may terminate the contractual relationship in writing with a notice period of 2 weeks to the end of a calendar year. The contractual relationship may also be terminated by WBC without notice for good cause, in particular if the client is in default of payment for two consecutive months or if WBC can no longer be expected to perform a not insignificant part of the contractual relationship, e.g. because the basis of the business has ceased to exist or the contractual relationship of trust no longer exists.
- Unless otherwise agreed, the client shall be obliged to remove the WBC software from its systems immediately upon termination of the contractual relationship.
§ 10 Order processing, validity of other terms and conditions and special provisions
- The client is solely responsible for compliance with both the EU General Data Protection Regulation (GDPR) and other data protection regulations within the scope of order processing with regard to the data and data sets requested or transmitted via the WBC services. He undertakes to inform WBC in writing, stating his contact details (name, organization, telephone number, etc.), who are authorized to issue instructions to WBC in connection with order data processing or who act as contact persons.
- The client is also obliged to inform the contractor immediately and completely of any errors or irregularities that have become known in the processing of the order data.
- WBC undertakes to collect, process and use the data transmitted to it for a specific purpose and only within the framework of the instructions of the client (to instructions, authority to issue instructions, see above) (i.e. exclusively within the scope of using the services of WBC). WBC takes the necessary technical and organizational measures within the meaning of Art. 32 GDPR to ensure compliance with data protection regulations.
WBC will inform the customer immediately in the event of serious operational disruptions, suspected data protection violations or other irregularities in the processing of the customer’s data.
- At the client’s written request, WBC will provide the client with the information it needs to fulfill its data protection obligations.
- The customer agrees that WBC uses affiliated companies of WBC and other third parties to fulfill the contractually agreed services or commissions companies with the provision of their services (subcontractors).
If and to the extent that subcontractors are used, the contractual agreements between WBC and the subcontractor are designed in such a way that they meet the requirements of confidentiality, data protection and data security between the contractual partners of this contract.
§ 11 Changes to general terms and conditions, service descriptions, prices, price increases, third-party services
- Insofar as essential provisions of the concluded contract are not affected and an adjustment to current developments is required which were not foreseeable at the time of conclusion of the contract and the non-consideration of which would noticeably impair the balance of the contractual relationship, an amendment to these conditions is permissible.
The general terms and conditions can also be adjusted, supplemented or changed in any other way, insofar as this is necessary to eliminate difficulties in the execution of the contract, e.g. due to gaps that arose after the conclusion of the contract, e.g. B. if the case law changes and one or more clauses of these terms and conditions are affected.
- The z. B. Service descriptions contained in the product sheets are changed for important reasons, provided that the customer is not objectively placed in a worse position than the service description included in the contract.
- The prices specified in the online account, in the WBC store or within the product or service apply to the use of the individual services. All prices mentioned for the individual paid content or services are net prices and do not include sales tax (currently 19%). The costs incurred will be billed monthly and collected on the basis of the direct debit authorization granted. If the invoice amount is returned despite the direct debit authorization granted for reasons for which RAM is not responsible, WBC is entitled to charge a flat rate for the bank fees of up to €10.00. “
- Agreed prices, in particular prices for current subscriptions, can be increased to compensate for increased costs, e.g. if sales tax is increased, a price increase is required by the Federal Network Agency due to regulatory requirements or the prices of our service providers increase.
Price changes/price increases will be announced to the customer by WBC in writing with a notice period of one month to the end of the month.
The changes are deemed to have been approved by the customer if the customer does not object in writing within one month of notification of the changes. The WBC customer is expressly informed of this consequence when the change is made. The timely dispatch of the objection is sufficient to meet the deadline.
- If services are used that are provided by third parties, the general terms and conditions of these providers also apply. A list of the currently valid Terms is published on the WBC website.
§ 12 Trial, Trial, and Basic versions of Software and Services
The WBC can offer software, services and applications with free, limited basic functionality, e.g. also for a certain test period. WBC will inform you about the type and scope of the functionalities. WBC is entitled to delete the customer’s data and databases on the WBC servers after the test period has expired.
§ 13 Various
- The law of Spain applies. The application of the UN sales law is excluded.
- The exclusive place of jurisdiction is Madrid. This also applies if the customer does not have a general place of jurisdiction in Germany, a customer has moved his domicile or usual place of residence abroad after the conclusion of the contract or his domicile or usual place of residence is not known at the time the action is filed.
- Rights and obligations arising from this contract can only be transferred to third parties with the prior written consent of WBC.