§ 1 Objective scope and object of the contract
The following conditions (the “General
Contractual Conditions”) apply to the use and
operational support of standard software
programs (the “Software”), which are
manufactured by Lennart Guth, hereinafter
referred to as PDF Mail Merger, and provided as
software-as-a-service via the internet.
The subjects of the contract are:
- the provision of software programs listed at www.pdfmailmerger.com for use over the Internet and
- the storage of customer data on data servers
Individually developed software programs are not the subject of this contract.
§ 2 Type and scope of the services
The type and scope of the mutual services are regulated by the contractual agreements. The scope of services defined in the contract is deemed to be the agreed quality. The decisive factors are:
- the defined scope of services of the software listed in the contract, that in the respective
- User documentation is set
- the suitability for the use assumed in the contract,
- the conditions laid down in the contract,
- the following conditions,
Generally applied technical guidelines and
technical standards, in particular also the
international standards and proposals of the
Internet Engineering Task Force (IETF), as
documented in the Request-for-Comments
(RFC), and the W3C (World Wide Web
In the event of discrepancies, the contractual agreements apply in the above order.
Further conditions, in particular general terms and conditions of the contractual partner, do not apply, even if PDF Mail Merger does not expressly contradict them. Only the General Terms and Conditions of PDF Mail Merger apply.
3.1. Customer rights to the software
PDF Mail Merger grants the customer a non-exclusive, non-transferable and non-sublicensable right to use the software mentioned in the contract and the associated user documentation for the duration of the contract. The software is provided over the Internet. The transfer point for the SaaS services is the router exit of the data center used by PDF Mail Merger to the Internet. The customer undertakes to use the software exclusively in accordance with the contract and neither to pass it on to third parties nor to make it accessible to third parties in any other way. The customer is not entitled to “reverse engineer”, decompile, disassemble, reproduce or use any part of the software to create a separate application.
The customer hereby acknowledges PDF Mail Merger as the sole licensor of the software and the associated copyrights. PDF Mail Merger’s rights as sole licensor also refer to extensions of the software provided by PDF Mail Merger to the customer, unless this is regulated otherwise in writing.
The customer hereby recognizes PDF Mail Merger’s brand, name and patent rights in relation to the software and the associated documentation. The customer may not remove, change, or otherwise modify copyright information or other similar proprietary notices in the programs and the associated documentation.
3.2. Rights of the customer to the data
The data recorded, processed and generated by the software are stored on the servers of the data center. In any case, the customer remains the sole owner of the data and can therefore request PDF Mail Merger to return individual or all data at any time, in particular after termination of the contract, without PDF Mail Merger’s right of retention. The data is released by electronic transmission over a data network or, by separate agreement, by handing over data carriers. The customer is not entitled to receive the software suitable for using the data. Responsibility for the admissibility of the collection, processing and use of the data as well as for the protection of the rights of the data subjects (information, use, correction, blocking,
In the event of violations of the conditions of use mentioned, PDF Mail Merger is entitled to terminate the contract in whole or in part without notice. In this case, PDF Mail Merger also reserves the right to assert claims for damages against the customer resulting from the breach of contract.
3.4. Contract duration and termination
The minimum term for the provision of the SaaS service is 1 month. The contract period is automatically extended for another month if there is no cancellation. The amounts are collected from the most recently saved direct debit or credit card data.
PDF Mail Merger is entitled to terminate for an important reason, especially in the case of failed direct debits or credit card collections.
§ 4 Maintenance conditions and service level
4.1. Further developments / performance changes
PDF Mail Merger reserves the right to make further developments and changes in performance (e.g. by using newer or different technologies, systems, processes or standards) in the course of technical progress and performance optimization after the contract has been concluded. In the event of significant changes in performance, PDF Mail Merger will notify the customer in good time. If there are significant disadvantages for the customer as a result of the service changes, the customer is entitled to extraordinary termination of the contract on the date of the change. The customer must terminate the contract within two weeks of receiving notification of the change in service.
When new versions of the software are made available, PDF Mail Merger grants the customer the rights listed in Section 3 for the respective new version.
4.2. System operation
PDF Mail Merger ensures that the software provided is operated in an environment and configuration suitable for the customer’s requirements and on hardware suitable for the customer’s intended use. This includes the number and type of servers, regular backups, scalability, power supply, air conditioning, firewalling, virus checking, broadband internet connection.
4.3. System availability
The availability of the data center network at the router exit on the Internet is 99% annual average. The client-side connection to the Internet is the responsibility of the customer. This is not part of the SaaS scope of services. The downtime is determined in full minutes and is calculated from the sum of the fault clearance times per year. This does not include the periods that PDF Mail Merger identifies as so-called maintenance windows for optimization and performance enhancement, as well as loss of time in troubleshooting due to reasons beyond PDF Mail Merger’s control and failures due to force majeure.
4.4. System availability disorders
Disruptions to system availability must be reported by the customer immediately after becoming known. Before reporting the fault, the customer must check his area of responsibility. In the case of fault reports that are received within the support times, the fault clearance begins within two hours. In the case of fault reports that are received outside of support hours, the fault clearance begins on the following working day. Delays in fault elimination for which the customer is responsible (e.g. due to the unavailability of a contact person on the customer side) are not counted towards the fault elimination time.
§ 5 Warranty
According to the state of the art, it is not possible to exclude software errors under all application conditions. PDF Mail Merger guarantees, however, that the software named at www.pdfmailmerger.com can be used in principle. The limitation period is one year.
Errors in the software and the associated documentation will be remedied by PDF Mail Merger free of charge within a reasonable period. A prerequisite for this claim to rectification is that the error is reproducible. PDF Mail Merger can either rectify or deliver a replacement to fulfill the warranty obligation. In particular, PDF Mail Merger can provide the customer with a new version of the software to fulfill the warranty obligation. It is the same as troubleshooting if PDF Mail Merger provides an alternative solution to the faulty function that allows the customer to use it in accordance with the contract.
Warranty claims are excluded if the software is not used in accordance with the contract. Furthermore, warranty claims are excluded if the customer makes changes or extensions to the software mentioned in the contract, unless the customer can prove that the errors are not causally related to the changes or extensions.
If a major program error is not remedied by PDF Mail Merger in accordance with the conditions mentioned, the customer can request a reduction in the monthly SaaS fee. PDF Mail Merger has the same right if the production of the error correction is not possible with reasonable effort. If it turns out in the course of the troubleshooting that the problems are due to operating errors or improper use by the customer, PDF Mail Merger can demand an appropriate remuneration for the effort incurred.
PDF Mail Merger does not guarantee the fulfillment of the customer’s individual requirements by the software named in the contract. This applies in particular to the failure to achieve the desired economic success. Warranty claims against PDF Mail Merger are only available to the direct customer and cannot be assigned.
§ 6 Limitation of liability
In any case, the contractual and tortious liability of PDF Mail Merger is limited to EUR 500,000 except for intent and gross negligence for personal injury, for property, property and activity damage to EUR 100,000 and for data loss damage to EUR 50,000. Liability for lost profits is excluded.
PDF Mail Merger assumes no liability for disruptions on telecommunications connections, disruptions on line routes within the Internet, acts of God, third party negligence or the customer himself. PDF Mail Merger assumes no liability for damage that arises if the customer passes on passwords or user IDs to unauthorized persons.
§ 7 Remuneration
A monthly fee agreed in the contract is charged for the SaaS services. The fees incurred will be invoiced in advance.
§ 8 Terms of payment
Payments are made by direct debit or credit card clearing. If the payment deadline is exceeded, benefits may be restricted in the event of default.
The customer is not entitled to offset claims against PDF Mail Merger, unless they are legally established claims or claims recognized by PDF Mail Merger in writing.
§ 9 Confidentiality, data protection
The contracting parties undertake to keep the knowledge gained in the context of the contractual object – in particular technical or economic data and other knowledge – secret and to use it exclusively for the purposes of the object of the contract.
This does not apply to information that is publicly accessible or that becomes publicly accessible without unauthorized action or omission by the contracting parties or that must be made available due to a court order or a law. In the case of support support for customer problems, it may be necessary to access customer records. Access can be via a web meeting with the customer or via database analysis. This access is limited to the period of the respective support measure.
If personal data has to be processed within the scope of the contractual object, PDF Mail Merger and the customer will comply with the legal data protection regulations.
PDF Mail Merger advises the customer in accordance with the Federal Data Protection Act (BDSG) that customer data is stored.
§ 10 Final provisions
The place of service is Frankfurt, Germany. The place of jurisdiction for both contracting parties is Frankfurt, Germany. It is only the law of the Federal Republic of Germany. The contract, its additions and changes as well as changes in form must be in writing.
Should a provision of the contract be or become ineffective, this does not affect the validity of the rest of the contract. The contractual partners undertake to replace the ineffective provision with one that comes as close as possible to what is economically intended. The same applies if a loophole should become apparent.