Terms and Conditions of the Visisoft OHG
Associates: Dr. Andreas Beckmann, Dr. Markus Jasinski and Dr. Matthias Seemann
(as of September 2009)
“Seller” means the company Visisoft OHG selling products or services to the customer as identified in Visisoft’s quotation or invoice.
“Customer” means the person or legal entity identified in Visisoft’s quotation or invoice.
“Contract” means a contract for sale by Visisoft to the customer of the products and/or services incorporating the Terms and Conditions.
The Terms and Conditions as set forth herein as well as any additional terms and conditions that may appear on the customer order shall constitute the entire agreement between seller and customer. The seller will not be bound by any terms of customer’s order that are inconsistent with the terms herein. The agreement shall not be modified except in writing, signed by the parties hereto.
Once the customer browses the seller’s web sites, uses any of the seller’s tools and services, or place an order on the seller’s site, the customer must agree full compliance to this Terms and Conditions. If the customer is not willing to be bound to this Terms and Conditions, he may discontinue using the seller’s products and services. The customer account will be canceled until he accepts these terms. Visisoft reserves the right to take any legal action.
For every product or service provided by the seller a contact between the seller and customer has to be closed. Contracts shall only come into existence until a order placed by a customer has been accepted by the seller.
Permanent contracts may be terminated thirty (30) days to the end of the calendar quarter. Otherwise the contract will be automatically renewed under the same time and fee structure unless you give written notice to the seller thirty (30) days before the renewal date that you do not wish to renew or make changes to such term of this agreement. The termination of permanent contacts by the customer must be done in writing.
The Seller has the right to terminate your access to our web site and services for any reasons without limitation. In its sole discretion, the seller will not give you a warning note before the termination of the customer’s account, user name, registration, the software license or your access to our web site.
Unless credit terms or payment by invoice have been expressly agreed by the seller, payment for the download versions of the software shall be made in full before physical delivery of the software and/or the activation keys.
For the hosted services and products the seller accepts payment by PayPal or bank transfer. The seller sends out invoices that are due every pay period. You are given fourteen (14) days to fully pay the invoice. You warrant and represent that the information you supply in the Order form (or other information that the seller may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account may be suspended. To have your account re-established, you will need to pay the monthly fees plus any interest that may have accumulated at the rate of 15% per year.
The seller reserves the right to offer promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any special rates shall not effect the existing rights and responsibilities of each party. The seller also reserves the right to change the rates charged for any such fee under this agreement with 6 weeks notice.
After the customer is willing to purchase the products or services of the seller, he must choose a method to pay for the seller’s products or services. He must give the seller his accurate payment information and billing account information. The seller makes sure that your information is confidential. The customer agrees to pay all charges including all applicable taxes, fees and surcharges. If the seller cannot process the customer’s payment, he agrees to pay all amounts upon demand by the seller or its operators.
When you browse our web site, you represent and warrant that you have adequate legal capacity to enter into binding agreements, such as these Terms and Conditions. The seller requires you to register and provide your accurate information when you accept our Terms and Conditions, such as your name, address, postal code and e-mail address. You must keep your personal information current.
The Seller has the right to disclose any information in accordance with any applicable laws, regulations, legal processes or governmental requests, or to edit, refuse to post or to remove any information, in whole or in part, at the seller’s sole discretion.
6. Responsibility of the Customer
The customer is responsible for all his behaviors or anyone whom he allows to use his user name and password for any services on the web sites of the seller. Your password and other personal information must be confidential on both sides. The customer agrees to indemnify our loss for losses incurred by the seller or another party due to someone else using your account or password because of your careless not to keep your information confidential or due to your failure to take some harmful activities in our web site.
7. Software and Content Available Through Web Site and Services of the Seller
All content and software that is made available to view and/or download in connection with the web site and services of Visisoft and the yalst LiveSupportTool, is owned by and is the copyrighted work of our company and is protected by copyright laws and international treaty provisions. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software (“License Agreement”). You may not install or use any software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any software not accompanied by a License Agreement, we hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and using in accordance with these Terms and Conditions, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Some products have Free Editions or Trial Versions. The free Trial Version of all features are only useable for 14 days. For the Free Edition you must register your account every year. The seller reserves the right to discontinue the Free Edition without any given reason and prior notice of the customers.
The seller will have the right to make substitutions and modifications of the specifications of products or services sold by Seller, provided that such substitutions or modifications will not affect overall product performance.
8. Acceptable Use of the Services and Products of the Seller
The customer agrees that he may not use the services or products of the seller when he is carrying some hazardous activities. The customer is responsible for all the material he posts or makes available on or through our products and services.
The customer agrees that files uploaded to servers will not violate any province, federal or foreign laws or regulations, infringe on any intellectual property rights of the seller or any third party, be defamatory, slanderous or trade libellous, be threatening or harassing, be discriminatory based on gender, race, age, promote hate or contain viruses or other computer programming defects which result in damage to the seller or any third party. Unacceptable uses also include: Bulk unsolicited e-mailing, unsolicited e-mailings, newsgroup spamming, child porn, hardcore porn or links to such sites, copyrighted MP3s, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. The seller will be the sole and final arbiter as to what constitutes a violation of this policy.
The customer agrees that it shall not violate any intellectual property rights and that it shall not resell services to any party which violates intellectual property rights. Any violation of any individual or entity’s intellectual property rights including, rights of privacy and rights of publicity are prohibited. The seller is required by law to remove or block access to content appearing on or through the services upon receipt of proper notice of copyright infringement.
The use of the services or products of the seller for creating or sending malicious, destructive or nuisance code, examples of which include but are notlimited to, viruses, worms and Trojan horses, or for pinging, flooding or mail-bombing, or engaging in denial of service attacks is prohibited and is a breach of this agreement. Customer also agrees not to engage in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the services (or any connected network, system, service or equipment).
The customer agrees not conduct or promote any “hacking” activity and agrees that ‘hacking’ as herein defined includes but is not limited to, the following activities: Illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in malicious or unauthorized hacking or cracking. Any such activity on the part of customer is a material breach of this agreement.
The use of the services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. The seller will as required by law, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the services or products.
The use of the services or products to engage in any activities that are determined by the seller, in its sole and absolute discretion, to be illegal or which in the seller’s opinion are likely to be found to be illegal is prohibited. Such illegal or potentially illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available Ponzi or pyramid schemes, password and cracking information, fraudulently charging credit cards or displaying credit card information or other private information of third parties without their consent, and failure to comply with applicable on-line privacy laws. The Seller will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the services.
Use of the services and products to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
The servers provided by the seller are intended for web services use only. Any use of our servers for file storage, data warehousing, backup data storage, or any form of data file storage or management is prohibited. The servers of the seller are intended for web enabled services and hosting.
Engaging in any activity that, in the seller’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the services, the seller’s business, operations, reputation, goodwill, customers and/or customer relations, or the ability of the seller’s customers to effectively use the services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this agreement. In addition, the failure by a customer to cooperate with the seller in correcting or preventing violations of this agreement by, or that result from the activity of, a customer of the subscriber is a violation of this agreement.
9. Disclaimer of Warranty
The Internet is a complex network of equipment, services and providers of information, thus any hosted service may not be available to the seller at all times. However, the seller offers a 98.5% uptime guarantee in annual mean. This is valid for only the connection. The seller will pursue all resources and channels available to maintain maximum uptime, however, the seller is not responsible for any down time caused by client’s error.
Our products and services are provided “As Is”, subject to the faults and availability to use, without warranties of any kind, unless warranties are legally incapable of exclusion. In fact, the seller and its suppliers disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. Since the information, software, products, and services may include inaccuracies or other errors, Visisoft and its respective suppliers may make improvements and/or changes in the web site and services at any time. You should consult an appropriate professional for specific advice to your situation.
We make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, and services for any purpose. You specifically agree that the seller is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.
10. Limitation of Liability
In no event, the seller and/or its vendors are liable for any direct, indirect, punitive, incidental, special, consequential, damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of performance of our web site, with the delay or inability to use the web site and services, the provision of or failure to provide services, or for any information, software, products, services. We have no liability for the damages for lost profits, lost data, loss of goodwill, computer failure or malfunction, or any other commercial damages or losses.
11. Other Limitations
The customer agrees that the seller may establish limits concerning use of services of the seller offered on the sellers web site, including without limitation the maximum number of times and duration you may access any services in a given period of time.
The customer agrees that we have no liability for the deletion, corruption, or failure to store any messages or other contents maintained by us.
The seller makes no warranty that any services of the seller will be uninterrupted, timely, secure and error-free.
12. Applicable Law, Jurisdiction and Venue
The sales contracts for any products and services of the seller shall be governed by and construed in accordance with the laws of Germany. The courts of Rostock, Germany will have exclusive jurisdiction and venue over any dispute arising out of this agreement, and the customer hereby consents to the jurisdiction of such courts.
Any concession or indulgence made by the seller or seller’s failure to insist on performance of any of the Terms and Conditions hereto shall not be considered a waiver of any other term, whether the same or similar. No waiver by seller of any default or provision hereof shall be deemed a waiver of any subsequent default or provision.