General Terms and Conditions
1. scope of application
The following terms and conditions apply to all bookings made via our online software. Deviating general terms and conditions of the customer are rejected.
2 Contractual partner, conclusion of contract
The temporary service contract is concluded with Matthias Graffé, who operates under the brand name JustCRM.
By placing the „Software as a Service“ (SAAS) service in the user account area, a binding offer to conclude a contract for the service has been made. The service can initially be placed in the checkout process without obligation and personal details can be corrected at any time before sending the binding order. The contract is concluded when the offer of the service is accepted by clicking on the payment button. Immediately after sending the order, a confirmation and invoice will be sent by e-mail.
3. contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the contract text and send you the order data after the order. You can view and download the GTC at any time here on this page. You can then view your orders in our user login.
4. payment
All prices quoted by JustCRM are subject to VAT, unless otherwise indicated. The following payment methods are available in our order form:
PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the store, we request PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
Bank transfer
It is also possible to make a booking by bank transfer. Please use the contact form at https://www.justcrm.de/anfrage or send an e-mail to info@justcrm.eu
5. scope of services
JustCRM shall provide the Customer with the technical conditions for the publication of programs on the Internet in accordance with the service contract. JustCRM assures the customer that the portal will be available 99% of the time on an annual average. This does not apply to times when the computers cannot be reached via the Internet due to technical or other problems that are beyond JustCRM’s control (force majeure, fault of third parties, etc.). Planned or necessary maintenance work that leads to downtime and was previously communicated as a maintenance window is considered available. The contractually agreed service packages and options are a further component of the performance obligation. JustCRM reserves the right to modify or improve its services. If services are provided free of charge, JustCRM shall be entitled to discontinue them again without notice. A claim for reduction, reimbursement or compensation cannot be justified by this. A fundamental change in the legal or technical standards on the Internet allows JustCRM to terminate the contract extraordinarily if this makes it unreasonable for JustCRM to provide its services in whole or in part within the scope of the purpose of the contract.
6. cooperation and customer obligations
The Customer shall indemnify JustCRM against all claims by third parties arising from the infringement of their intellectual property rights by the content provided or transmitted by the Customer via the Internet. The indemnification shall be effected in such a way that the Customer shall reimburse JustCRM for all expenses incurred as a result of the claim by the third party, including the costs incurred for legal defense.
7 Liability of the customer
The Customer shall be liable for all damages and legal consequences incurred by JustCRM or its vicarious agents as a result of improper or illegal use of the portal.
8. limitations of liability
Claims for damages due to breaches of duty arising from contractual obligations and tort can only be asserted against JustCRM and its vicarious agents insofar as intentional or grossly negligent behavior can be proven. The aforementioned exclusion of liability does not apply to the breach of material contractual obligations (cardinal obligations). JustCRM’s liability for warranted characteristics, personal injury and mandatory statutory provisions shall also remain unaffected. JustCRM shall not be responsible for service disruptions due to force majeure, in particular the failure or overloading of global communication networks. For this reason, the customer may not claim a reduction in its performance obligation. JustCRM is not liable for the information published via its services. The sender is responsible for their correctness, completeness and topicality. JustCRM shall not be liable for damages that may arise on the part of the customer due to inadequate security precautions during data transmission. Any liability for damages is limited to the amount of the annual fee. Liability for damages resulting from data loss is limited to the amount that would have been incurred if the data had been properly backed up, up to a maximum of the annual fee. The customer’s claims for damages shall lapse one year after they arise, notwithstanding the provision of § 202 BGB. This reduction shall not apply if JustCRM has acted with gross negligence or intent.
9 Confidentiality and data protection
JustCRM undertakes to keep confidential all information and documents made available in connection with the conclusion of the contract which are designated as confidential or which are clearly recognizable as business or trade secrets of the Customer according to other circumstances and – unless required to achieve the purpose of the contract – to neither record nor pass them on or exploit them.
The customer agrees that his personal data received in the course of the business relationship may be stored and automatically processed for the purpose of handling the business relationship. The
The Customer is hereby informed in accordance with Section 33 (1) of the Federal Data Protection Act and Section 4 of the Teleservices Data Protection Act (TDDSG) that JustCRM and its authorized agents process its data automatically. He is entitled to request the data stored about him or his pseudonym from JustCRM at any time and free of charge. JustCRM undertakes to use this data solely for the provision of the service and not to pass it on to third parties, unless these persons are involved in the provision of the service. The Customer shall indemnify JustCRM against all third-party claims relating to data provided by the Customer. Unless otherwise agreed, the Customer shall permit communication by fax and e-mail. Despite all due care, computer viruses or similar may be transmitted during communication by e-mail. The customer must take appropriate security precautions to prevent damage to his systems. If the e-mail is not electronically signed, there is no 100% guarantee that the e-mail actually originates from the sender indicated or that it has remained unchanged during transmission. E-mails and faxes can be read by third parties. This risk can be reduced by encryption, but not completely eliminated. The customer accepts this.
10. dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here http://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. severability clause
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
Place of jurisdiction is Mainz