General Terms and Conditions (GTC)
of DID Technologies GmbH, Managing Director Alexander Schmitt, Am Fernmeldeturm 1, 90441 Nuremberg (hereinafter: "Provider").
Preamble
The Provider provides a web application for PDF authoring and conversion as a digital service (hereinafter: "Service"). For this purpose, the Provider provides an infrastructure via the website www.did-composer.com, which enables the user (hereinafter: "User") to transfer text and image files to Internet servers, edit them there and then convert them into another file format.
§ 1 General
(1) The following General Terms and Conditions apply to the business relationship between the Provider and the User as Customer. Users within the meaning of the Terms and Conditions are both consumers and entrepreneurs.
(2) A consumer within the meaning of these General Terms and Conditions of Business is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
(3) An entrepreneur within the meaning of these General Terms and Conditions of Business is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
(4) Individual agreements shall take precedence over these General Terms and Conditions. Deviating, conflicting or supplementary general terms and conditions of the user shall not become part of the contract unless their validity is expressly agreed to by the provider.
§ 2 Description of services and prices
(2) The User must create an account on the Provider's website in advance in order to be able to use the Services. Here, the user can choose between a free test access with limited functionality and a paid access. The scope of services and the rates are determined by the offer and the description of services on the website of the provider and the selection of the user. The current prices stated there shall apply. The prices include the respective applicable statutory value added tax.
§ 3 User identification, conclusion of contract
(2) If the user becomes aware of misuse of his access data, he must inform the provider immediately. In the event of misuse, the Provider shall be entitled to block the User's access. The block can only be lifted by explicit request of the user. The user is prohibited from providing the access data to his account to third parties.
§ 4 Term and termination
§ 5 Right of withdrawal for consumers in the EU
If the user is a consumer, the following cancellation policy applies to him.
- Right of withdrawal -
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must :
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
- End of the cancellation policy -
Sample cancellation form
(If you want to cancel the contract, please fill out and return this form).
To
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
Date
(*) Delete as applicable.
§ 6 General obligations of the user
(1) The user is responsible for creating and maintaining the technical requirements in terms of hardware and software necessary for the use of the services, and in particular for regularly carrying out software updates of the required third-party software (e.g. operating system, browser, etc.). Furthermore, the user is responsible for ensuring that he has a functioning Internet connection. The user is also recommended to regularly perform a data backup and to protect his computer system against unauthorized access and attacks, in particular to use and regularly update a firewall and anti-virus software. The provider is not liable for virus damage that could have been prevented by using appropriate software.
§ 7 Blocking of access
The Provider reserves the right to block access to its services or to refuse the initial or repeated registration of a User if the User uses the Provider's services unlawfully or violates these General Terms and Conditions. The user will be informed of this immediately by e-mail. Further claims of the provider remain reserved in this case.
§ 8 Payment options
(1) Users who use chargeable services of the Provider shall pay the price via the external payment service provider used by the Provider and the payment methods made available there.
(2) For this purpose, the user must register on the homepage of the payment service provider. The concrete payment modalities are determined by the offer and the service description of the provider.
(3) The User shall only have the right to offset if his claims have been legally established, acknowledged or are undisputed. The User shall also be entitled to offset against claims of the Provider if he asserts notices of defects or counterclaims from the same contractual relationship. The user is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 9 Warranty
(2) The Provider assumes no liability for the uninterrupted availability of the servers and for system-related failures, interruptions and malfunctions of the technical equipment that are not within the sphere of the Provider. In particular, the Provider shall not be liable for disruptions in the quality of the servers operated by the Provider due to force majeure or events for which the Provider is not responsible. These include, in particular, strikes, lockouts, lawful internal company industrial action and official orders. Furthermore, this also includes the complete or partial failure of the communication and network structures and gateways of other providers and operators required for the Provider's own provision of services.
(3) The content transferred by the user to the provider's web servers and made available there is external content for the provider within the meaning of Section 7 (2) TMG. The user who published the content is legally responsible. The provider is not responsible for the descriptions, characteristics and legal validity of the data stored by the user. The provider does not guarantee the accuracy or completeness of the information and statements of the user, neither for the identity nor for the integrity of the user.
§ 10 General limitations of liability
Incidentally, the provider is only liable for its own content on the website www.did-composer.com. Insofar as links provide access to other websites, the provider is not responsible for the third-party content contained therein. The provider does not adopt the third-party content as its own.
If the provider becomes aware of illegal content on external linked websites, access to these pages will be blocked immediately.
§ 11 Rights of the provider
All copyrights, trademark rights or other protective rights to the website www.did-composer.com, the content, data and other elements created by the provider itself are the exclusive property of the provider. Any rights of the users to the contents posted by them or transmitted to the provider remain unaffected.
The Provider processes personal data of the User in compliance with the statutory data protection provisions, in particular the DSGVO and the BDSG. In this regard, reference is made to the provider's privacy policy.
§ 13 Applicable law, place of jurisdiction
(1) The contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). (
§ 14 Final provisions
Should any provision of these General Terms and Conditions be invalid in whole or in part or lose its legal validity at a later date, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the statutory provisions shall apply. If such provisions do not exist, the invalid provision shall be deemed to be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same shall apply in the event of a loophole in the contract.