(1) The following General Terms and Conditions (GTC) are an integral part of the Subscriber Agreement with Weymeirsch und Langer GbR (from here on "we", "us"). The subscription contract as well as its execution shall be based exclusively on these Terms and Conditions. These shall therefore also apply to all future business relations, even if they are not expressly agreed again. We shall only accept counter-confirmations by the parties placing the order with reference to their terms and conditions to the extent that they do not contradict our terms and conditions.
(2) Deviations from these terms and conditions and from declarations on our part leading to the conclusion of a contract shall only be effective if we confirm them in writing.
(3) We shall be entitled to make subsequent adjustments and additions to the General Terms and Conditions vis-à-vis existing business relationships insofar as changes in legislation or case law so require or other circumstances result in the contractual equivalence relationship being disturbed to a more than insignificant extent. A subsequent amendment to the General Terms and Conditions shall become effective if the users do not object to the amendment within six weeks of notification. At the beginning of the period, we shall expressly inform the users of the effect of their silence as acceptance of the contractual amendment and give them the opportunity to make an express declaration during the period. If the users object within the time limit, both we and the users may terminate the contractual relationship for cause.
§2 Offers, Conclusion of Contract, Term, Prices, Terms of Payment, Default
(1) If not otherwise agreed in writing, our offers are subject to change and non-binding.
(2) The conclusion of the contract takes place in three steps. First, the users enter their contact and payment data. By clicking on the button "Create account" the registration is carried out. Subsequently, the respective users will receive an e-mail confirming the registration. This e-mail represents a confirmation of the registration on our part. With the confirmation of the registration, the users bindingly declare their contract offer. The confirmation of receipt does not constitute a binding acceptance of the registration. We are entitled to bindingly accept the contractual offer contained in the order within two working days after receipt of the registration by e-mail. With the acceptance, a contract is concluded between us and the user.
(3) With the creation of the account, the users receive the possibility to use all functions of Collabora Online free of charge for 4 weeks, unless we receive a cancellation in written or electronic form before the end of the 4 weeks. If no notice of termination is received in due time, the contract begins with the conclusion of the contract and the validity of the following provisions.
(4) Payment may take place via an external payment service provider, if necessary. In this case, payment data may be shared with the respective service provider for the purpose of payment processing. This data is then also subject to the terms and conditions of the service provider. In the case of direct bank transfer, no payment data will be given to third parties beyond the normal bank transfer.
(5) All prices include all taxes and duties. The user fee to be paid for the services offered by us results from the subscription contract and depends on the selected account type and the scope of services.
(6) The contract period is one month, whereby the billing unit is also one month. If the contract has not been terminated before the end of the contract term, it shall be extended by the respective agreed previous term. The right to terminate for cause remains unaffected.
(7) Users shall be in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of late payment, interest may be charged at a rate of 9 percentage points above the prime rate of the European Central Bank. If the users are in default with their payments, we reserve the right to charge reminder fees in the amount of 2.50 euros. We reserve the right to claim damages in excess of this amount. The user has the option of proving that we have incurred no or less damage.
(8) In case of default of payment, the accounts of the users can be blocked immediately. The accounts will be made available again after receipt of the outstanding payment(s).
(9) Users are only entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as the obligation of the users.
(10) Unless otherwise agreed, our invoices are payable 14 days after the invoice date without deduction. Complaints about the invoice must be made in writing within 7 days of receipt. Payments shall be made in the currency in which the invoice amount is stated. We shall be entitled, despite any provisions of the ordering party to the contrary, to offset payments first against the ordering party's older debts. If costs and interest have already been incurred, we shall be entitled to set off the payment first against the costs, then against the interest and finally against the main performance.
(11) A payment shall only be deemed to have been made when we can dispose of the amount.
§3 Data Security and Confidentiality
(1) The users shall indemnify us against all claims of third parties with regard to the data provided. Insofar as data is transmitted to us or to our services in whatever form, the users are obligated to make backup copies.
(2) The users shall exercise due diligence to ensure that all persons entrusted by them with the processing or fulfillment of this contract observe the statutory provisions on data protection and do not pass on or otherwise exploit information obtained from the area of the client to third parties.
(3) We are obligated to treat confidentially all knowledge of trade secrets of the Users obtained in the course of the performance of the contract.
§4 Service Provision, Start of Service, Delays in Service, Data Protection
(1) Upon acceptance of the order, a contract for the use of our service is concluded. This will be invoiced in accordance with our applicable price list.
(2) ViOffice Collabora Online Hosting is a complete office application ("Office Suite"). The product enables the collaborative creation and editing of online text, spreadsheet and presentation documents in common file formats, in particular formats based on OOXML and OpenDocument (ODF).
(3) The booked services will be made available to the users as quickly as possible and within 3 working days after the payment information and account information have been entered and the payment has been sent.
(4) We are not responsible for delays in performance due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented by us even by exercising the utmost care. They entitle us to postpone the performance of the service for the duration of the impeding event. In the event of unavailability for the aforementioned reasons, we may withdraw from the contract. In this case, we undertake to inform the user immediately of the non-availability and to reimburse any consideration already paid without delay.
(5) The use of the services offered by us requires corresponding compatible devices and software as well as sufficient Internet access. Granular authorizations and access rights can be granted for all users and for each module.
(6) We reserve the right to limit the number of accounts linked to a device as well as the devices linked to an account.
(7) The data protection agreement applies. We collect, store and process data to the extent necessary for the agreed service provision. The data storage takes place exclusively in Germany.
(8) We undertake to provide the agreed service free of defects, but not the success that the users expect from the service. No guarantee can be given for any errors in the software that go beyond the implementation of the third-party services in our overall service. The same also applies to the freedom from errors of the mobile and desktop apps as third-party software offers.
(9) We strive to keep the data of our users as secure as possible and follow industry standard "best practices" to protect our servers and services against external attacks. Our systems are subject to a continuous internal review of their security and further development of protective measures. User data is secured against access by third parties and encrypted. Nevertheless, we cannot guarantee complete security against attacks and possible theft of data, especially since this also depends significantly on the security measures of the users themselves (e.g., regarding the choice of password and the sharing of data).
(10) After acceptance of the service provided, the user is responsible for providing evidence of the defective execution.
§5 Availability and Data Backup Obligation
(1) We do not guarantee the availability of the offered services at any time. Furthermore, we do not guarantee that the offered services or parts thereof will be made available and can be used from any location.
(2) The following system requirements are necessary for users:
Operating systems: Collabora Online is basically cross-platform usable as long as a supported web browser (see next point) is used.
Web Browsers: Successfully tested web browsers include current versions of:
Mozilla Firefox ESR, Mozilla Firefox
Google Chrome, Chromium
Gnome Web (Epiphany)
In addition, other Blink-based browsers in current versions such as Brave, Opera, Microsoft Edge should also work without problems (but have not been tested). The same applies to Webkit-based browsers in current versions, e.g. Apple Safari.
§6 Responsibility of the Users
(1) The users themselves are solely responsible for the content and accuracy of the data transmitted to us.
(2) The users undertake not to store, release or otherwise make available to other users or third parties any data on our platform whose content infringes the rights of third parties or violates existing laws and morals.
(3) Users are solely responsible for managing their log-in passwords. They shall take appropriate measures to prevent third parties from gaining knowledge of them and to prevent their loss. The log-in password is used to encrypt and decrypt data from our services. If users lose their log-in password, we will not be able to decrypt or recover the data. Since we cannot regenerate the encryption key, the client-side encrypted data will be irretrievably lost if the password is lost. This is a technical security and privacy measure.
(4) The users undertake to use the services offered by us only to the extent permitted by law and these Terms and Conditions. Misuse will result in the exclusion of the right of use granted by registration. We will deactivate the respective user accounts after becoming aware of any misuse. In this case, any fees already paid will not be refunded.
(5) The users undertake to indemnify us against all claims by third parties that are based on a non-contractual use of the website/app services and their contents by the users.
§7 Liability and Claims for Damages
(1) We shall only be liable for intent. Only if essential contractual obligations (consequently such obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are affected, we shall also be liable for gross or slight negligence. In this case, liability shall be limited to the foreseeable damage typical for the contract.
(2) The exclusion shall not apply to cases of breach of material contractual obligations, the absence of warranted characteristics, damages resulting from injury to life, limb or health, or liability under the Product Liability Act. Liability and resulting claims for damages are limited to the order value.
(1) For all work handed over to us, we assume that the users are entitled to the copyright or reproduction rights. We reject any liability that could arise from the disregard of such rights. If templates are provided with the copyright of third parties, we also assume that the users have the consent of the copyright holders. We are entitled to mark each finished product with our copyright. Thus, products manufactured by us may not be copied, reprinted or otherwise reproduced by users or third parties unless the users obtain prior written permission from us.
§ 9 Software Licenses
(1) Collabora Online is based on open source & free software components (herein: "FOSS Components"). The use of these components is not covered by these Terms and Conditions. Rather, the FOSS components are licensed by their rights holders according to the license applicable to the respective component and may be used by users and provided by us according to these rules. A list of all FOSS components integrated in ViOffice and the licenses applicable to them can be found in section licenses.
§10 Cookies, User Tracking and Log Files
(1) Collabora Online does not use tracking and advertising cookies or store any other data packages on the end devices of users.
(2) For the purpose of error analysis and plausibility checks on the number of user accounts, access data (so-called "log files") are collected on a small scale and stored for up to 40 days. These do not contain any personal data (e.g. no IP addresses) and are then completely deleted.
§11 Place of Performance and Jurisdiction
(1) Place of performance for payment and delivery is Trier (Germany). The place of jurisdiction is Trier (Germany).
(2) The contract is subject to the law of the Federal Republic of Germany for both contracting parties.
§12 Salvatory clause
Should any provision in these Terms and Conditions or any provision within the scope of other agreements be or become invalid or unenforceable, this shall not affect the validity of all other provisions or agreements. In this case, the contracting parties shall replace the invalid or unenforceable clause with a valid clause that comes as close as possible to its meaning and purpose.