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Terms of use for the Plattform app.vertragswerk.de

You are here at the terms of use for the use of our product Vertragswerk, which can be used via app.vertragswerk.de.

If you have any questions about our terms of use, please contact

v10k GmbH

Kreyerner Str. 4a

01662 Meissen

hallo@vertragswerk.de

Tel.: +49176-23702740

 

Hello and welcome to Vertragswerk!

In order to be able to use the services of our platform app.vertragswerk.de, we have summarised some rules. Please read the following terms of use, which apply to all visitors to the platform. By using the platform, you simultaneously declare your agreement with the terms of use.

If you have any questions about the terms of use, please contact our support team at hallo@vertragswerk.de.

§ 1 Terms and definitions

First of all, we would like to explain some terms that are used more frequently in these Terms of Use.

The provider of Vertragswerk is v10k GmbH, Kreyerner Straße 4a, 01662 Meißen, Mail: hallo@Vertragswerk.de, Managing Director: André Engelhorn. Further legal details about Vertragswerk can be found in the imprint on the website www.vertragswerk.de. Whenever the term provider or Vertragswerk is used in the following, this always refers to v10k GmbH, which also bears responsibility for the content in accordance with § 18 para. 2 MStV.

The web platform app.Vertragswerk.de offered by Vertragswerk, via which documents can be exchanged and signed and the services of Vertragswerk are processed, is referred to as the platform.

By users we mean you and all other users. Users have created and received access data for the platform and are thus able to use the functions of the platform. Insofar as the following terms of use grant rights to users or impose obligations on them, this always refers to the person who maintains access to the platform, under whose name the access was set up or who actively uses the access.

Content refers to the information that is exchanged via the platform. This primarily includes contract documents and attachments uploaded or offered for download.

Customers are all natural persons or legal entities who use the platform against payment or free of charge within the framework of a contract with the Provider and who create contracts and share them with their business partners.

§ 2 Scope of application

The following terms and conditions apply to the use of the platform. In order to be able to use the functionality of the platform, it is important that you accept the following terms and conditions and please also observe them.

This is the only way we can continue to provide and expand the full range of services in the future.

By using our platform, you agree to these terms of use. The following provisions thus become an express part of our cooperation.

The object of Vertragswerk is the creation, processing, negotiation and signing of contracts and agreements.

The software of Vertragswerk is subject to continuous further development, so that the scope of the offered functionality may change at any time. There is no entitlement to certain functionalities.

§ 3 Availability of the platform

The platform shall be available 24 hours a day. However, there may be interruptions in availability due to maintenance work required for the system or technical problems. Interruptions in availability may also be caused by force majeure or other causes beyond the control of Vertragswerk.

Vertragswerk cannot therefore guarantee uninterrupted accessibility of the platform. We will do everything in our power to achieve maximum availability of the platform.

Vertragswerk would also like to point out

that we, too, are staffed by people who may make mistakes. We therefore cannot guarantee that the Platform will be free of errors of any kind,

that errors can lead to the temporary inaccessibility of the platform,

that the availability of the platform is also influenced by circumstances that lie outside the sphere of influence of Vertragswerk and depend on the services of third parties (e.g. transmission capacities, power supply, server service). Disruptions falling into this area cannot be influenced by Vertragswerk and it is not responsible for them.

§ 4 Electronic communication

When you use our platform or send e-mails, text messages or other communications to us from your PC or other (mobile) device, you are communicating with us electronically. We will communicate with you electronically in various ways, e.g. via email. For contractual purposes, you agree to receive electronic communications from us and that all consents, notices and other communications that we give to you electronically do not require to be in writing to that extent. This does not apply where mandatory statutory provisions require a different form of communication.

§ 5 Copyright and database right

All content contained in or made available through the Platform (e.g. text, graphics, logos, images, digital download and data collections) is the property of Vertragswerk or third parties who supply content or make it available on the Platform and is protected by German copyright and database right.

The entire stock of content contained in or made available through the Platform is also the exclusive property of Vertragswerk and protected by German copyright and database right.

Users may not systematically extract, re-utilise or re-use any part of a Vertragswerk service without the express written consent of Vertragswerk. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of any Vertragswerk service without the express written consent of Vertragswerk. Furthermore, you may not create and/or publish your own databases that contain substantial parts of the service of Vertragswerk without the express consent of Vertragswerk.

§ 6 User Account and User’s Duty to Cooperate

Access to the services of the Website requires the creation of a user account.

The creation of an account is only permitted to persons of full legal capacity.

You undertake to provide truthful information about yourself and to check this information regularly in order to ensure the accuracy of your data.

If you use a service of Vertragswerk, you are responsible for ensuring the confidentiality of your account, password and for restricting access to your IT infrastructure and mobile (end) devices. To the extent permitted under applicable law, you agree to be responsible for all activities that occur through your account or password. You should take all necessary steps to ensure that your password is kept secret and secure and you should inform us immediately if you have any reason to be concerned that a third party has gained knowledge of your password or that the password is being, or is likely to be, used in an unauthorised manner. You are responsible for ensuring that the information you provide to us is accurate, complete and up to date.

You may change your email address and password subsequently.

You must not use any Contract Works service in any way that is likely to interrupt, damage or otherwise affect the Contract Works services or access.

Furthermore, you may not use the Contract Works Services for fraudulent purposes or in connection with any criminal or other unlawful activity.

We reserve the right to withhold the services on the platform from you or to block member accounts. This applies in particular in the event that you violate applicable law, contractual agreements or these Terms of Use.

You can delete your account at any time by making the deletion in person on the platform or by contacting us with the request for deletion. The account will be deleted as soon as the request for deletion has been received and processed by us and no legal provisions prevent the deletion.

§ 7 Warranty and liability

Defects in the platform and other documents will be remedied by Vertragswerk within a reasonable period of time after corresponding notification of the defect by the User. The same shall apply to other disruptions of the possibility to use the platform.

The provisions for the availability referred to in § 3 (at the place where the User attempts to access the technical system via the Internet) shall be governed by the law on service contracts. No warranty is given that the platform can be accessed at any time at the registered office of the User or at other locations.

In the event of intent or gross negligence, Vertragswerk shall be liable to the Users without limitation for all damage caused by Vertragswerk and its legal representatives or vicarious agents. In the event of slight negligence, Vertragswerk shall be liable without limitation in the event of an assumed guarantee or injury to life, body or health.

Apart from that, Vertragswerk shall only be liable to the extent that an essential contractual obligation (= such obligations which are indispensable for the performance of this contract and / or on the performance of which the Users may legitimately rely) has been breached. In these cases, liability is limited to compensation for the foreseeable, typically occurring damage.

The strict liability of Vertragswerk for damages for defects existing at the time of the conclusion of the contract (§536a BGB) shall be excluded; the preceding clause shall remain unaffected.

Vertragswerk shall not be liable for force majeure. Force majeure shall be understood to mean disruptions which have their causes in events over which Vertragswerk has no influence, such as industrial disputes, catastrophes or disruptions in the energy supply of third parties, failure of the telecommunications networks of third parties as well as official measures.

Liability under the Product Liability Act shall remain unaffected.

§ 8 Data protection and confidentiality

Vertragswerk attaches great importance to the observance of the respective applicable data protection provisions of the DSGVO and the BDSG. Vertragswerk has obligated all employees, service providers and other support staff involved in the provision of our services to the users to maintain data secrecy. Details on this can be found in the data protection information. These can be found at www.vertragswerk.de/datenschutz.

Vertragswerk always processes personal data of users on behalf of its customers. Further details are regulated in the respective order processing contract concluded between the customer and the provider in accordance with the GDPR.

§ 9 Remuneration

Unless expressly agreed otherwise, the provision of the user account and the use of the platform is free of charge for the users.

§ 10 Changes to the terms of use

Vertragswerk reserves the right to change applications provided free of charge, to make them available free of charge or against payment and to discontinue the provision of free applications. In doing so, Vertragswerk will take into account the legitimate interests of the users.

Vertragswerk reserves the right to adapt these terms of use at any time, also within the existing contractual relationship, to changed legal or technical conditions or with regard to further developments of the application or technical progress, whereby the basic functionality of the application remains unchanged.

You will be notified of such changes on the platform itself or by e-mail at least 30 calendar days before the planned entry into force of the changes, provided that the adjustment is accompanied by a restriction in the usability of previously generated data or other not merely insignificant disadvantages (e.g. adjustment effort).

§ 11 Final Provisions

The law of the Federal Republic of Germany shall apply exclusively.

If any provision of these Terms and Conditions of Use is or becomes invalid, the remaining provisions shall continue to apply unchanged.

Meißen, July 2021

 

If there are any differences in wording between the English and German versions of these terms of use, the German version will always apply.

 

Translated with www.DeepL.com/Translator (free version)