Orderiom Terms and Conditions

‍

§ 1 Subject matter of the contract‍

‍

(1) The subject matter of the contract is the provision of software.

(2) The provider provides the customer with the use of the Orderiom software for its own purposes during the term of this contract.

(4) The main contractual functions of the software include the following: shop & order and delivery tool for hotels and restaurants

(5) The provider always offers the customer the latest version of the software.

‍

§ 2 Commencement and duration of the user relationship

‍

(1) The contract comes into force on the date of signing and has a duration of 12 months.

(2) The term is extended by 3 months from 13 months, unless terminated 14 days before the end of the next quarterly period.

(3) Effective termination must always be in writing.

‍

§ 3 Remuneration

‍

(1) In return for the services provided by the provider, the customer must pay appropriate remuneration.

(2) The following remuneration is agreed: The monthly price for an Orderiom license is 99€ (net). This can be paid in the following 3 payment methods (determined at the start of the contract): - Monthly - Quarterly (5% discount) - Yearly (10% discount) If the customer has additional branches that should also use Orderiom, the following table applies to the other branches (determined at the start of the contract and can also be extended at any time: - 2-5 branches 5% to the desired payment method - 6-10 branches 10% on the desired payment method - 11-11 19 branches 15% on the desired payment method - 20-29 branches 20% on the desired payment method from 30 A special price is agreed separately for all branches.

(3) The provider must invoice the customer for the agreed billing period, which must be sent to the customer by e-mail.

(4) All costs must be paid in full by the customer within 3 days of receipt of the invoice.

(5) All prices quoted are exclusive of the applicable statutory value added tax.

‍

§ 4 Availability of software

‍

(1) The provider points out to the customer that it cannot guarantee 100% availability of the software if restrictions or disturbances occur that are beyond the provider's control. The provider may also be exempted from its obligation to perform for a specific period of time outside the cases of Section 1 (6) and (7) of this contract with the consent of the customer.

(2) The customer is obliged to immediately inform the provider in writing (by letter or email) as soon as the software is not available.

‍

§ 5 Customer's right of use, access authorization

‍

(1) The customer receives a right to use the software limited to the term of the present contract.

(2) There is no physical transfer of the software. The software remains on the provider's server at all times.

(3) The use of the software is permitted to defined users or user groups, which are listed in an appendix to this contract (Appendix 1).

(4) The users agreed in Appendix 1 receive access authorization in the form of a user name and a password. Username and password can be changed by the respective user, subject to the following requirements: § 7 Support The provider provides the customer with customer service by telephone to eliminate technical faults and correct errors that arise when using the software. The provider's customer service is available Monday to Friday from 8:00 a.m. to 5:00 p.m., as follows:

Phone no.: +49 30 40363081

‍

§ 6 Claims for defects

‍

(1) The provider is liable for deficiencies in the contractual services.

(2) Claims under Section 536a BGB, in particular relating to no-fault warranty liability and the right of self-collection, are excluded.

(3) A material defect exists if the software is not of the contractually agreed quality or is not suitable for the contractually required use. Minor deviations do not represent a defect.

(4) The customer is obliged to immediately inform the provider in writing (by letter or email) of any defects that have occurred.

‍

§ 7 Liability

‍

(1) The contracting parties are liable for intent and gross negligence.

(2) The provider is liable for the violation of essential contractual obligations (so-called cardinal obligations). These are such contractual obligations whose fulfilment has such a significant impact on the contract that their breach poses a risk to the achievement of the purpose of the contract and on whose compliance the customer may rely. If the cardinal obligations were breached negligently, the customer's claim for compensation is limited to the foreseeable damage typical of the contract.

(3) The provider is also liable in accordance with legal provisions in accordance with the provisions of the Product Liability Act and for damage caused by injury to the life, body or health of the customer.

(4) The provider is liable for damage suffered by its vicarious agents. § 10 Liability limitations The provider is not liable for loss of customer data if the damage is due to the customer's failure to carry out data backups and thus ensure that lost customer data can be restored. The customer is solely responsible for regular and complete data backup and must carry this out himself or have it carried out by third parties.

‍

§ 8 Data storage, data protection

‍

(1) Both contractual partners are obliged to comply with legal data protection regulations, in particular the General Data Protection Regulation (GDPR), to protect personal data.

(2) The customer grants the provider the right to store the data resulting from the use of the software on the server for which the provider is responsible for fulfilling its contractual obligations and to reproduce them on a backup server (cloud) for data backup if this is necessary for the purpose of fulfilling the contract.

‍

§ 9 Release and deletion of data

‍

(1) After termination of the contractual relationship, the provider must return to the customer all data, documents and data carriers that the provider has received in connection with this contract by handing them over to him or making them available for download.

(2) The provider must completely delete all of the customer's stored data on its own server within 2 months after termination of the contractual relationship.

‍

§ 10 Confidentiality, Confidentiality

‍

(1) The parties are obliged to keep all confidential information about the other party known to them in connection with this contract permanently secret, not to disclose, record or otherwise exploit it to third parties, unless the other party has expressly and in writing consented to the disclosure or use of the information as a result of law, court decision or administrative decision. If there is no such consent or disclosure, the information that has become known is only to be used to execute this contract.

(2) In particular, the customer is obliged to maintain confidentiality with regard to all content of the software. The customer may not share access data (user names and passwords) with third parties.

(3) The following is not confidential information within the meaning of Section 13 (1) of this contract:

● Information that was already known to the other party.

● Information that is generally known.

● Information that was disclosed to the other party by a third party without the other party breaching a confidentiality obligation.

(4) The obligations under this paragraph shall also apply to the period following termination of the contractual relationship.

‍

§ 11 Final Provisions

‍

(1) Legally relevant declarations and notifications to be submitted after conclusion of the contract must be made in writing in order to be effective.

(2) These contract terms apply exclusively. Other terms and conditions of the provider, customer or third party are hereby expressly rejected here.

(3) There are no additional oral agreements. Amendments, additions and cancellation of this contract must be made in writing. This also applies to the amendment of this written form clause itself.

(4) Should individual provisions of this contract be ineffective in whole or in part or become ineffective after conclusion of the contract, this shall not affect the effectiveness of the remaining provisions. In this case, the contracting parties are obliged to negotiate an effective and reasonable replacement provision that comes as close as possible to the meaning and purpose of the invalid provision. This also applies in the event of a breach of contract.

(5) Annexes to this contract are part of this contract.

(6) This contract is exclusively subject to the laws of the Federal Republic of Germany.

(7) The place of jurisdiction for all disputes arising from this contract is determined by the relevant rules of the Code of Civil Procedure.

(8) The contract shall be signed by the contracting parties in two identical copies. Consumer information on alternative dispute resolution (Art 14 (1) ODR-VO and § 36 VSBG) The European Union's Internet platform for online dispute resolution (so-called “OS platform”) for consumers is available at the following link: http://ec.europa.eu/consumers/odr We do not participate in dispute resolution proceedings before a consumer arbitration board.

‍

Disclaimer

‍

1. Content of the online offer The author assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information are fundamentally excluded, unless there is evidence of wilful or grossly negligent fault on the part of the author. All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to cease publication temporarily or permanently.

2. References and links In the case of direct or indirect references to external websites (“hyperlinks”) that lie outside the author's area of responsibility, a liability obligation would only come into force if the author was aware of the content and it would be technically possible and reasonable for him to prevent use in the event of illegal content. The author hereby expressly declares that at the time the links were created, no illegal content was discernible on the linked pages. The author has no influence on the current and future design, content or authorship of the linked/connected pages. For this reason, he hereby expressly distances himself from all content of all linked/connected pages that were changed after the links were created. This statement applies to all links and references set within the author's own website as well as to third-party entries in guest books, discussion forums, link directories, mailing lists and in all other forms of databases to whose content external writing access is possible. The provider of the page to which reference was made is solely liable for illegal, incorrect or incomplete content and in particular for damage arising from the use or non-use of information presented in this way, not the person who simply refers to the respective publication via links.

3. Copyright and trademark law The author strives to respect the copyrights of the images, graphics, sound documents, video sequences and texts used in all publications, to use images, graphics, sound documents, video sequences and texts created by himself, or to resort to license-free graphics, sound documents, video sequences and texts. All brands and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. Simply mentioning them does not mean that trademarks are not protected by third-party rights! The copyright for published objects created by the author himself remains solely with the author of the pages. Duplication or use of such graphics, audio documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of the author.

4. Data protection If it is possible to enter personal or business data (email addresses, names, addresses) within the website, the provision of this data by the user is expressly voluntary. The use and payment of all services offered is permitted - as far as technically possible and reasonable - even without providing such data or providing anonymized data or a pseudonym. The use of contact data published as part of the legal notice or comparable information, such as postal addresses, telephone and fax numbers and email addresses, by third parties to send information that has not been expressly requested is not permitted. We expressly reserve the right to take legal action against senders of so-called spam emails in the event of violations of this prohibition.

5. Legal validity of this disclaimer This disclaimer is to be regarded as part of the website from which reference was made to this page. If parts or individual formulations of this text do not, no longer or not completely comply with the applicable legal situation, the content and validity of the remaining parts of the document remain unaffected.