Terms of Service
WebConnector World SL (WBC) offers online services and software (hereinafter also: “services”, “products”, software or services) for various platforms.
§ 1. General
These general terms and conditions (GTC) form the basis for the use of the WBC services and regulate the contractual relationships between the provider (s) and the customer (hereinafter also referred to as user, user, purchaser or user). If and to the extent that there are separate license agreements for products (e.g. software license agreements or subscription conditions in the WBC store, terms and conditions of third-party providers, etc.), these shall apply in addition.
Services from WBC are provided exclusively on the basis of these GTC in the version valid at the time of use. Deviating regulations are only valid if they have been agreed in writing between all parties. This written form requirement also applies to the waiver of the written form.
Registration for the WBC customer account is free of charge. Usage-dependent or ongoing costs may arise if and to the extent that WBC Services are used or products or services are licensed, activated or subscribed to.
WBC is entitled to immediately block customers in whole or in part for an important reason, e.g. if essential contractual obligations are violated.
§ 2 Contractual relationship, description of services
1. The content of the contractual relationship between WBC and the customer results from these terms and conditions, the WBC websites including online product information and WBC product sheets.
2. Current reports, product sheets, newsletters and customer information are expressly referred to. Unless otherwise stated, the provision of new services and the expansion of existing services are subject to these terms and conditions.
3. WBC reserves the right to make changes to services in the course of product development and product maintenance at any time. WBC can change or discontinue the content / features of individual services or the services themselves for an important reason, temporarily or permanently, provided this is reasonable for the customer or there is a valid circumstance that is understandable for the customer and recognizable in advance as an important reason.
Such a weighty reason for a restriction, discontinuation or change of the WBC services exists in particular if
• a service or product can no longer be maintained due to legal, in particular data protection reasons, or
• a product originally made available by a cooperation partner is not available or is no longer available, or
• Insurmountable technical difficulties arise with the provision of services or products in connection with the (attempted) maintenance of availability, or
• the provision of services or products and the maintenance of the availability of the same no longer appear sensible for operational or business reasons.
WBC will notify any changes by email, in the software or via web information / websites. Notification can also take place in other ways. The contractual relationship will then be continued with the new conditions / features.
§ 3 Conclusion of the contract
1. The contract between WBC and the customer is concluded in accordance with Section 2. when the customer registers, declares his consent to the present General Terms and Conditions and agrees to the WBC data protection declaration (offer) and the registration by WBC in writing, by e- E-mail or otherwise electronically or, in the case of individual products / services, by licensing corresponding products in accordance with Section 2 in the WBC Store (acceptance).
§ 4 Duties and obligations of the customer
1. The customer is responsible for the correct entry of his data when using the WBC services and must provide truthful, accurate, current and complete information about himself (registration data) and update it regularly. If the customer violates this, or if WBC should assume this, in particular that registration data is not up-to-date or untrue or incomplete, WBC is entitled to temporarily or permanently block or delete the customer’s online account in whole or in part and to exclude the customer from any use of individual or all services now and in the future. The same applies in the event of significant breaches of the duties incumbent on the customer as well as in the case of substantiated significant suspicions of a breach of duty by the customer.
2. After registration, WBC access data will be sent to the customer. Access data, especially passwords (hereinafter also referred to as WBC access data, passwords or ciphers), i.e. all letters and / or numbers that are intended to prevent use by unauthorized persons, may not be passed on to third parties.
WBC access data must be protected from access by third parties and must be changed at regular intervals for security. If there is reason to suspect that unauthorized persons have gained knowledge of the WBC access data, the customer must change customer or user passwords immediately and inform WBC in writing.
The customer must also ensure that when using WBC services via the central Internet access of the customer’s local network, this local network is protected against intrusion by unauthorized persons.
The customer may only save or transmit access data and passwords in digital media in encrypted (state-of-the-art) form. If the access data is entered incorrectly several times, this can lead to a blocking of the online account or the possibility of use for which the password is valid.
3. The customer is responsible for all actions that are carried out using his WBC access data in connection with his WBC online account. The customer is obliged to inform WBC immediately of any misuse of the WBC access data and / or the online account as well as of any other breach of customer-related security regulations.
The customer must also ensure that the online account is logged out after each use.
4. WBC software and services are continuously updated. The customer is informed about updates and can decide whether he wants to carry them out or not.
The installation of current updates is a prerequisite for the operation of the latest functionalities and the functionality of the WBC Services as a whole, the operation of which is not or only to a limited extent if update installations are not carried out.
5. The customer is obliged to regularly back up his data on his own media.
6. The customer is responsible for the content that is posted or distributed via his online account, in particular for its legality. The responsibility for all media and content, i.e. information, data, texts, software, photos, graphics, videos, messages or other materials that are transmitted, lies exclusively with the customer, i.e. the user.
The customer may not send any content that contains harmful code, software viruses, spam or advertising code or other information, files or programs that can interrupt, destroy and / or restrict the function of software or hardware or telecommunication devices . The customer is also not allowed to intervene in or interrupt the servers or networks on which the WBC services are based.
The customer may not use WBC services as a reseller.
7. The customer is expressly advised that he is responsible for compliance with professional and ethical law as well as the general provisions of the Criminal Code, data protection law and the regulations for the protection of personal rights when using the WBC services.
8. The customer is explicitly advised that information about changes / improvements / settings to or from products or services is regularly published on the WBC website. The customer has to inform himself regularly about the range of services published on the website (see also § 2 of these terms and conditions).
9. If special system requirements for the use of WBC services or products are mentioned, the customer must ensure that these are met by his system.
10. The customer indemnifies WBC from any claims by third parties who have suffered damage as a result of the violation of provisions in these terms and conditions. WBC reserves the right to block and, if necessary, delete the customer’s online account in the event of a breach of these terms and conditions, as well as no longer make the customer’s content on WBC servers generally accessible or delete it.
§ 5 data protection
1. WBC advises the customer that the data recorded in the context of the conclusion of the contract are required by WBC in accordance with the Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (DS-GVO) as well as the Telemedia Act (TMG) applicable from 25.05.2018 collected, processed and used from the contract.
This applies in particular to the customer’s personal data, i.e. his contact information, including names, telephone and fax numbers and email addresses. Personal customer and billing data can be processed and used within the framework of the existing business relationship.
The aforementioned data (with the exception of the WBC access data) can also be transmitted to agents and carefully selected partners of WBC in accordance with Art. 28 GDPR for the purpose of credit checks. A transfer of personal customer data by WBC to third parties can only take place if and to the extent that there is a legal obligation to do so based on the law.
2. The general WBC data protection declaration as well as any product-related provisions that can be displayed during use also apply.
§ 5a Data Protection, Files and Data – Interfaces to Third Party Providers
Some WBC products may provide interfaces to third-party applications and products. To use these third-party applications, the customer must register there and accept the terms and conditions of use there. WBC draws your attention to the fact that these third-party applications may have different regulations for the use of customer data and customer files. When registering there, the customer should check these conditions as well as the data protection guidelines and decide in each case about the use of the functionalities provided. When WBC software or applications are activated for the first time, WBC also points out that products from third-party providers can be used. The customer has the option of terminating the use of the interface (s) at any time, whereby the scope of functions of the WBC software may then be restricted.
§ 6 Limitation of Liability
1. WBC is not liable for damage caused by a breach of duty for which the customer is responsible, insofar as this would not have occurred had the customer acted in accordance with his duties. In addition, the customer’s attention is drawn to the fact that data communication via the Internet cannot be guaranteed to be completely error-free and / or available at all times according to the current state of the art. WBC is therefore neither liable for the constant and uninterrupted availability of the online system nor for any technical and electronic errors in the WBC software, applications and services.
WBC will endeavor to provide the WBC Services with as few interruptions as possible, but cannot 100% ensure that the products and services always function without interruptions, delays or other defects. This is because the products can be transmitted over (public) internet lines and therefore power outages or internet service interruptions are possible, e.g. failures can occur, e.g. data packet loss and delays that can affect the quality of communication.
In general, the following applies: Any liability on the part of WBC (customer claims for damages or reimbursement of wasted expenses), insofar as such should exist for whatever legal reason, is based on the provisions of this paragraph.
2. WBC has unlimited liability for damage resulting from injury to life, limb or health that is based on a negligent breach of duty by the service provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the service provider.
3. In the case of other liability claims, WBC is only liable without limitation in the absence of the guaranteed quality and for intent and gross negligence, including by its legal representatives and senior employees.
WBC is only liable for the negligence of other vicarious agents to the extent of the liability for slight negligence according to Paragraph 4.
4. WBC is only liable for slight negligence if an obligation is violated, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation). In the case of a slightly negligent breach of a cardinal obligation, liability is limited to the foreseeable, contract-typical damage.
5. Liability for data loss is limited to the typical restoration effort that would have occurred if backup copies had been made regularly and in accordance with the risk. Unless one of the requirements according to Paragraph 2 or Paragraph 3 is met.
6. Liability under the Product Liability Act remains unaffected.
7. The contractual liability claims expire after one year.
8. When using software or a service / service marked as “beta version”, the customer is aware that the software or service / service may still be defective and that damage to the system may be possible.
The customer agrees not to make any direct or indirect claims to WBC in the event of such damage.
WBC assures that it intends to remedy every software error named by the customer, according to the urgency and the technical conditions, as quickly as possible.
The customer ensures that the use of software or a service marked as beta version does not affect any systems that are security-relevant in any way.
§ 7 Liability of the customer, consequences of breaches of duty
In the event of violations of third party rights for which he is responsible, the customer is directly liable to these third parties. In the case of justified third-party claims, the customer is obliged to indemnify WBC , whereby something else only applies if the customer can prove that he is not responsible for the breach of duty that caused the damage.
§ 8 Payment Obligations, Billing, Administration, Electronic Invoicing
The customer receives a monthly invoice in which a payment deadline is explicitly stated. The invoice is in electronic form and is made available monthly in the customer account of the WBC online account for viewing and downloading. In the event of default in payment, the statutory rules apply. The customer is only entitled to set-off if his counterclaim has been legally established, is undisputed or has been recognized. The right of retention, in particular the objection that the contract has not been fulfilled, remains unaffected. WBC can – without prejudice to other rights – block a customer’s WBC online account due to significant breaches of duty, e.g. in the event of default in payment of at least € 50. In the event of a blocking, the obligation to pay and the assertion of further claims due to delay in payment persist.
§ 9 Termination, Term
1. The contractual relationship can be terminated in writing by the customer at any time, but not before the end of the notice period for a product to which he has subscribed, with immediate effect. (Minimum) terms, periods of notice for products and services are specified in the WBC online account, there in the WBC store for the respective service or product, and are accepted by the customer by activating a subscription or license as part of the ordering process. Unless otherwise technically implemented in the WBC Store, the customer must cancel in writing.
WBC can terminate the contractual relationship in writing with a notice period of 2 weeks to the end of a calendar WBC .
2. The contractual relationship can also be extraordinarily terminated by WBC without notice for an important reason, in particular if the customer is in arrears with the payment for two consecutive months or a not inconsiderable part to WBC or WBC does not adhere to the contractual relationship further can be expected, z. B. because the business basis has ceased to exist or the contractual relationship of trust no longer exists.
3. Unless otherwise agreed, upon termination of the contractual relationship the customer is obliged to remove the WBC software from his systems immediately.
§ 10 order processing, validity of further terms and conditions and special provisions
1. The customer is solely responsible for compliance with both the EU General Data Protection Regulation (GDPR) and the other provisions on data protection within the scope of order processing with regard to the data and data records requested or transmitted via WBC services. He undertakes to inform WBC in writing, stating their contact details (name, organization, telephone number, etc.) who are authorized to give instructions to WBC in relation to order data processing or who act as contact persons.
2. The customer is also obliged to immediately and fully inform the contractor of any errors or irregularities that have become known in the processing of order data.
3. WBC undertakes to collect, process and use the data transmitted to it for a specific purpose and only within the scope of the customer’s instructions (on instructions, authorization to issue instructions, see above) (i.e. solely within the scope of the use of the WBC services). WBC takes the necessary technical and organizational measures within the meaning of Art. 32 GDPR to ensure compliance with data protection regulations.
WBC will inform the customer immediately in the event of serious operational disruptions, suspected data protection violations or other irregularities in the processing of the customer’s data.
4. Upon written request from the customer, WBC will provide the customer with the information that the customer needs to fulfill his obligations under data protection law.
5. The customer agrees that WBC can use affiliated companies of WBC as well as other third parties to fulfill the contractually agreed services or that companies can subcontract their services (subcontractors).
If and to the extent that subcontractors are engaged, the contractual agreements between WBC and the subcontractor are designed in such a way that they meet the requirements for confidentiality, data protection and data security between the contractual partners of this contract.
§ 11 Changes to terms and conditions, service descriptions, prices, price increases, third-party services
1. Insofar as essential provisions of the concluded contract are not affected and it is necessary to adapt to current developments which were not foreseeable when the contract was concluded and the non-consideration of which would noticeably impair the balance of the contractual relationship, an amendment to these terms and conditions is permissible.
The General Terms and Conditions can also be adapted, supplemented or otherwise changed, insofar as this is necessary to eliminate any difficulties in the implementation of the contract, e.g. due to loopholes that have arisen after the conclusion of the contract, e.g. if the case law changes and one or more clauses of these General Terms and Conditions thereof are affected.
2. The z. B. The service descriptions contained in the product sheets are changed for an important reason, provided that the customer is not objectively placed in a worse position than the service description included in the contract.
3. For the use of the individual services, the prices stated in the online account, WBC store or the prices stated within the product or service apply. All prices mentioned for the individual chargeable content or services are net prices and do not include sales tax (currently 19%). Any costs incurred are billed monthly and collected on the basis of the direct debit authorization issued. If the invoice amount is returned for reasons for which RAM is not responsible, despite a direct debit authorization issued, WBC is entitled to charge a flat rate for the bank charges of up to € 10.00. “
4. Agreed prices, in particular prices of current subscriptions, can be increased to compensate for increased costs, e.g. also if the sales tax is increased, a price increase is required by the Federal Network Agency due to regulatory provisions or the prices of our service providers increase.
Price changes / price increases will be announced to the customer by WBC in writing with one month’s notice to the end of the month.
The changes are deemed to have been approved by the customer if the customer does not raise an objection in writing within one month of notification of the changes. The WBC customer is expressly informed of this consequence when the change is made. The timely dispatch of the objection is sufficient to meet the deadline.
5. If services are used that are provided by third-party providers, the general terms and conditions of these providers also apply. A list of the currently valid conditions is published on the WBC website.
§ 12 Trial, test and basic versions of software and services
WBC can offer software, services and applications with free, limited basic functionality, e.g. also for a certain trial period. WBC will inform you about the type and scope of the functionalities. WBC is entitled to delete data and databases of the customer on WBC servers at the end of the trial period.
§ 13 miscellaneous
1. The law of Spain applies. The validity of the UN sales law is excluded.
2. The exclusive place of jurisdiction is Madrid. This also applies if the customer does not have a general place of jurisdiction in Germany, a customer has moved his domicile or habitual abode abroad after the conclusion of the contract or his domicile or habitual abode is unknown at the time the action is brought.
3. Rights and obligations from this contract can only be transferred to third parties with the prior written consent of WBC .