pobvol Software Services
Software solutions developed with Microsoft 365
pobvol Software Services
Software solutions developed with Microsoft 365
Responsible for the content: Inge Baumann-Pobloth
Address:
Inge Baumann-Pobloth
pobvol Software Services
Wolfskaulstrasse 84
66292 Riegelsberg, DE
Please contact me by email at kontakt@pobvol.com. You can also
reach me at the phone number +4968064976830 or send a letter to
the given address.
Please note: The use of my contact details
by third parties to send unsolicited advertising and
information materials is hereby expressly excluded! I expressly
reserve the right to take legal action in the event of
unsolicited sending of advertising information, such as spam
mails!
Last updated on November 9th, 2024
Translated with Microsoft Translator☯
These general terms and conditions (hereinafter referred to as
"GTC") apply to all purchases from Inge Baumann-Pobloth
(hereinafter referred to as "I", "my", "mine") in the version
current at the time of the order.
These GTC apply exclusively. Conflicting, deviating or
supplementary terms and conditions of the customer (hereinafter
"you") are hereby rejected and shall not become part of the
contract unless I expressly agree to their validity.
Offered is a non-exclusive license for the commercial use of a
software solution (hereinafter "software solution"), but not
the software solution itself or the ownership of it is sold.
Refer to the software solution documentation for software
product specifications and information on the intended
operating environment.
My offers are directed to companies with their place of
business in Germany and are always subject to confirmation,
unless they are expressly marked as binding.
The amounts stated in a binding offer shall apply, otherwise
the amounts stated at the time of the order shall apply.
Indicated prices are net prices and are exclusive of value
added tax.
If another entity imposes duties, taxes, levies or fees, you
agree to pay the amount specified or provide the documentation
required for exemption.
Shown is a license fee per tester per month for a term of three hundred sixty (360) days. Cancellation up to thirty (30) days prior to end of term, otherwise renewal for three hundred sixty (360) days each. Upon renewal, the amount shown at the time of renewal shall apply.
It is possible that my software solution uses cloud-based software and services provided by third parties. Mentioned names of products and services, as well as the associated logos, are the property and possibly trademarks of the respective companies. To use third-party cloud-based software and services, you must obtain appropriate licenses from the manufacturers and service providers. Third-party components are provided to you under other license terms that differ from those in this License Agreement. Use of such components is governed solely by the license terms and usage restrictions of the third-party provider. I do not provide any third-party components or licenses.
Please send your order by Email to the above Email address. Alternatively, you can also send it by post to the address given.
Please note: An order constitutes a binding offer to conclude a contract. With your order you agree to this General Terms and Conditions and the License Agreement.
A sales contract is concluded as soon as I send you an order
confirmation by Email. If you wish a postal delivery, please
indicate this in your order.
By entering into an agreement, you have acquired a
non-exclusive license for commercial use of a software
solution. The license is for one (1) domain and one (1) team
and the purchased number of testers, has a term of three
hundred sixty (360) days and will automatically renew for
successive three hundred sixty (360) day terms unless
terminated by you at least thirty (30) days prior to the
expiration of the term.
You have the right to revoke the purchase contract within a
revocation period without giving any reason. The revocation
period is fourteen (14) days from the conclusion of the
contract.
To exercise your right of withdrawal, please inform me of your
decision to withdraw from the contract. Please send your
notification by Email to the above Email address.
Alternatively, you can also send it by post to the above
address.
To comply with the revocation period, it is sufficient that you
send the notification of the exercise of the right of
revocation before the expiry of the revocation period. You may
no longer use the software solution from the day on which you
notify me of the revocation of the contract.
Upon conclusion of the contract, the software solution is
available online for download.
For this purpose, I will set up an access to my download area
for you and provide the access data and your license key. The
license key is required for operation and is limited to one
domain and one team and the purchased number of testers.
If force majeure (natural disasters, war, civil war, terrorist
attack) makes the delivery permanently impossible, an
obligation to perform on my part is excluded.
Installation and setup of the software solution are your
responsibility.
To do this, you download the software components and the
associated documentation from my download area and start the
installation and setup in your Microsoft 365 environment at
your own discretion. For the installation, configuration,
operation and maintenance of the software solution, you must
meet the requirements described in the documentation.
It is recommended to use provided updates for the software and
to back up your data before installing the software and
regularly thereafter.
If an installation and setup package is part of the purchase
agreement, then you must meet the requirements described in the
software solution documentation and provide access to your
Microsoft 365 environment and remote access to an office PC.
Deadlines are only binding if I have explicitly confirmed them
in writing.
The performance of the agreed service is subject to you
fulfilling your obligations to cooperate. I may refuse
performance if this requires an effort that is grossly
disproportionate to your interest in fulfilling the purchase
contract, taking into account the content of the purchase
contract and the requirements of good faith. Amounts already
paid will be refunded by me within fourteen days.
You must download, install, set up and inspect the software
solution within fourteen (14) days of the conclusion of the
contract and report any visible defects no later than three (3)
working days after discovery of the defects. Please send your
notification by Email to the above Email address.
Alternatively, you can also send it by post to the above
address. Otherwise, the goods shall be deemed accepted and
approved.
If the solution is defective and this has been duly notified,
you must first give me the opportunity to rectify the solution
at my discretion, setting a reasonable deadline. Corrections
will be carried out as quickly as possible.
If a claimed error cannot be determined, the effort for
troubleshooting can be charged. If an error is due to a change
in the design of the software by you or a third party, the
effort for troubleshooting and error correction can be
invoiced.
Otherwise, you are entitled to withdraw from the contract or
reduce the purchase price in accordance with the statutory
provisions. You can only demand compensation for damages in
accordance with paragraph "Liability for damages".
After acceptance of the goods, I will prepare an invoice and send it by Email, unless another method of communication has been agreed with you. Payments are to be made within fourteen (14) days of the invoice date without deduction. You are only entitled to set-off or retention if your counterclaims have been legally established or are undisputed.
To exercise your right to cancel, please inform me of your decision to cancel the contract. Please send your notification by Email to the Email address given above. Alternatively, you can reach me by post at the above address. To comply with the notice period, it is sufficient that you send the notice of the exercise of the right of termination at least thirty (30) days before the expiry of the term. You may no longer deploy and use the software solution upon expiration of the term.
The entire content of the created software solution, internet
pages and documents is the property of Inge Baumann-Pobloth and
is protected by German and international copyright and database
right. The reproduction, editing, distribution and any kind of
exploitation outside the limits of copyright require my written
consent. Customers are not entitled to assign rights or claims
to my software solution, my internet pages or documents to
third parties without prior written consent.
My software solution, web pages and documents may include
components that are the property of other software vendors.
Other mentioned names of products and services, as well as the
associated logos, are property and possibly trademarks of the
respective companies. The copyrights of third parties are
respected by me. In particular, third party content is marked
as such. If you should become attentive nevertheless to a
copyright infringement, I ask for an appropriate reference. If
I become aware of any infringements, I will remove such content
immediately.
Internet pages and documents are provided "as is" and are
subject to change without notice.
The software solution is provided as it is. Construction and
design may be slightly modified in the interest of further
technical development, provided that this does not unreasonably
affect your interests.
The software solution is provided as is ("as-is basis"). Please
refer to the documentation for suitability, purpose, use and
condition. Furthermore, I do not warrant that the solution has
a condition that is customary for things of the same kind and
can be expected by you. Public statements, recommendations or
advertising by me do not represent a contractual quality of the
goods.
Construction and design may be slightly modified in the
interest of further technical development, provided that this
does not unreasonably prejudice your interests.
In addition to the rights under these terms and conditions, you
are entitled to the statutory rights in the event of defects,
which can be claimed free of charge and which are not
restricted by these terms and conditions.
If you discover a defect, please send a description of the
defect by e-mail to the above e-mail address. Alternatively,
you can also send it by post to the above address. Warranties
are provided by correcting faulty components free of charge at
my discretion. If an error is caused by a change in the design
of the software by you or a third party, the warranty does not
apply here and the effort for troubleshooting and error
correction can be charged. You can claim damages exclusively
according to paragraph "Liability for damages".
My software solution uses cloud-based software and services provided by Microsoft and TEC-IT. These are not subject to my influence and I make no warranties or representations about software and internet services provided by other companies. For the use of cloud-based software and services of third parties, appropriate licenses must be purchased from the manufacturers and service providers.
To the extent that you may claim damages from me on the basis
of fault or otherwise, my liability shall be limited to the
amount of actual direct damages you have suffered and the
amount of the purchase price you paid for the license of the
Software Solution, regardless of the legal basis on which the
claim for damages against me is based (including breach of
material contractual obligations, negligence, misrepresentation
or other claims in contract or tort), and except in cases of
strict liability under law.
This limit of liability does not apply to bodily injury
(including death) and damage to real and personal property for
which I am legally liable. This is the maximum amount for which
I can be held liable in total.
Liability under the Product Liability Act and liability for
damages arising from the breach of warranties shall remain
unaffected by the above provisions.
Mandatory legal provisions relating to consumer protection that
cannot be limited or excluded by contract remain unaffected.
You may have additional consumer protection rights under local
laws that are not altered by this Agreement.
The above provisions shall also apply to breaches of duty by my
vicarious agents.
These Terms and Conditions and the contractual relationship
between you and me shall be governed exclusively by the laws of
the Federal Republic of Germany (including, without limitation,
the Copyright Act), to the exclusion of the UN Convention on
Contracts for the International Sale of Goods (CISG) and
subject to mandatory international private law provisions
and/or consumer protection provisions of your country of
residence.
The exclusive place of jurisdiction for all disputes arising
from or in connection with these GTC or the contractual
relationship between you and me is Saarbruecken, Germany.
However, I am also entitled to sue you at your general place of
business.
General information requirements for alternative dispute
resolution in accordance with Art. 14 Abs. 1 ODR-VO and § 36
VSBG (Consumer Dispute Resolution Act): The European Commission
provides a platform for online dispute resolution (OS), which
can be found at this address:
http://ec.europa.eu/consumers/odr/. I am not obliged or willing
to participate in a dispute resolution procedure before a
consumer arbitration board.
Should any provision of these GTC be or become invalid or void,
the validity of the remaining provisions shall not be affected
insofar as a contractual partner is not unreasonably
disadvantaged thereby. The same shall apply in the event that
these GTC do not contain a provision that is necessary in
itself.
The contracting parties shall replace the invalid or
unenforceable provision with the legally permissible and
enforceable provision that comes closest in economic terms to
the meaning and purpose of the invalid and unenforceable
provision.
If these GTC or the contracts are incomplete, the contracting
parties shall reach an agreement with the content on which they
would have agreed in the sense of these GTC or the contracts if
the regulatory gap had been known at the time the contract was
concluded.