Terms of Service

Contracting Parties

Based on these general terms and conditions (Conditions) concluded between the customer and

TheVitalThings

a service provided by

SoftwareLoft IT-Solutions GmbH

Represented by the Managing Director

Address: Dammtorstraße 14, D-20354  Hamburg, Germany

Tel: +49 (0) 40 320 877 – 0

E-mail address: kontakt (at) softwareloft.de

Commercial Register: Hamburg

Trade register number: HRB 92328

Sales tax identification number: DE239484821

hereinafter referred as providers, the contract is being closed.

Contract

Through this agreement, the sale of services in the area / areas "storage of important personal information and documents in both digital and paper" on the online store of the offerer shall be ruled. It therefore is a service contract that has as its object predominantly as the rental of storage capacity (digital data on servers of the provider, paper documents in file / storage of the supplier). The details of the respective offer are defined as the product description of the web site.

Conclusion

The contract comes exclusively into existence in electronic commerce through the shop system. Here the rates being shown are a non-binding invitation to treat by the customer order, which the provider can then accept.

The order process for a FREE service includes the following steps:

  • Input of Username, eMail-Adress and self-defined Passwort
  • Click on the "Register"-Button
  • Order Conformation by Email

By clicking on the  "Register"-Button the user acknowledges that he has read, understood and accepted the Terms and Conditions of the provider being the sole foundation of the contractual relationship. By sending the confirmation-Email the contract comes in existence.

The ordering process for contract in the shop system includes the following steps:

  • Selection of the offer in the required specification (package type, duration according to customer requirements)
  • Loading of the offer to the cart
  • Verification and processing of the order and all entries
  • Pressing the button 'Register'
  • Choice of payment method
  • Implementation of payment
  • Confirmation email that your order has been received
  • Confirmation email that payment has been received
  • Email of the order confirmation of the contract
  • Email of the payment confirmation

Contract duration

The contract includes recurring / lasting services in favour to customer. The contract has, subject to termination, a period of 1 year. The total price for the services in the contract period is, depending on the desired and chosen by the client package, between € 0,00 and € 59.90 per year (12 months). Free time-limited services ("30 day free trial") of SoftwareLoft IT-Solutions GmbH will expire at a date, which is 30 days after the first login of the customer in his account. If the customer does not make use of an upgrade to a specified term, the contract on free 30 days trial services ends after 30 days. The fee-based contract has a minimum term. This minimum term is 1 year. If the customer does not cancel in time, the term of the contract is automatically extended by a further period of 1 year. Each Party has the right to terminate the contract with a period of 3 months prior to the end of the minimum contract period without giving a reason. If the customer has chosen, at his express request, a longer than the minimum contract period, this contract term is to be assumed for both parties as binding if the supplier to the customer accepted this chosen contract period and to the basis of this contract order confirmation or invoice has beein issued. The right to extraordinary termination for good cause, in particular the repeated breach of contractual principal obligations remains unaffected. The termination is effective only if it is submitted in the following form: Written.

Consequences of Termination

The abandonment of a payable contract for any reason in particular, has the following effects: (1) Any fees already paid by the customer are not, not even pro rata, to refund of the KC Management AG to the customer; (2) The customer has, after contract termination during an after-effects period of 90 days from the date of termination of the contract, the opportunity to download the uploaded data. After this period, SoftwareLoft IT-Solutions GmbH reserves the right to delete all customer data.

The customer is solely responsible that his data is downloaded in time. SoftwareLoft IT-Solutions GmbH has no such notification requirements. In particular, SoftwareLoft IT-Solutions GmbH is not obliged to point out to clients terminating the agreement that the data will be deleted after the termination of the contract.

Reservations

The provider reserves the right to provide the same quality and price performance. The performance shown in the shop is exemplary and does not define individual, contractual services. The Provider reserves the right, in case of unavailability of the promised power not to provide this. To use the services provided by the supplier an authentication and verification of the customer is required. While this authentication and verification is not complete, the provider reserves the right to refuse the customer access to the services.

Prohibitions

The publishing or sharing of pornographic, unlawful or immoral content or content containing extreme violence are prohibited. Violations of the law in any way, including storage, publication or release of content, that is fraudulent, defamatory or misleading, or the privacy or infringe the rights of others are prohibited. The customer is prohibited from abusing the system of the supplier as a communication system for transmitting data between the customer and other persons (confidants, trustees). The customer provides his saved or stored information and documents to trusted people exclusively for the event that he should be prevented from exercising his rights to the stored information and documents, for example, by illness, death or influences by force majeure.

Consequences of violations against prohibitions

The provider has the right to exclude the customer from the access to the services on the suspicion of violation of the above-mentioned obligations by this. In addition, the provider has the right to extraordinary termination of the contract without notice in the event that the suspicion of a violation of the above prohibitions is occurring. If in the case of violation of the above prohibitions the provider locks the access to the services or exercises his right to extraordinary termination without notice, the customer forfeits the right to partial or full repayment of usage fees by the provider. Any misuse of the Services or any violation of the above prohibitions triggers an obligation of the customer to reimburse the provider for damages suffered in the amount of the then forfeited usage allowances.

Prices, shipping costs, return costs

All prices are final and may, subject to legislatory terms, include VAT. In addition to the retail prices other cost, depending on the delivery of additional costs that are displayed before sending the order, may occur. In particular, the submission of paper documents and archiving them by the agent is connected with additional costs per submission. These fees consist of the shipping costs that are charged by third parties (Postal or other shipping companies), as well as the return costs or delivery to a third party (confidants) in accordance with the contractual settlement. The cost of archiving and storage offered are covered at no additional cost by the annual fee. If there is a right of withdrawal and customer makes use of this, the customer bears the cost of returning.

Terms of Payment

The user fee becoming payable with any contract, as a paid upgrade, will be displayed, created for each of the items selected by the customer (contract period) and must be paid in advance. The customer has only the following options for payment: payment service (i.e.PayPal,), credit card, bank transfer. Other payment methods are not available and will be rejected. If the payment method Direct Debit is being offered, the following applies: The invoice amount is drawn by direct debit on the basis of the direct debit authorization issued by the customer of his specified account. When using an escrow / payment service it is agreed that the supplier and customer will handle the payment with each other. Here, the escrow / payment service provider forwards the payment from the customer to the provider. Further information is available on the website of the relevant Trust Services / payment service. For payment by credit card, the customer must be the cardholder.. The credit card will be charged upon acceptance of the contract by the service provider. With the payment method bank transfer applies: The customer is obligated within 7 days of receipt of the invoice to pay the amount to the specified account on the bill. The payment is due from the date of invoice. Upon expiry of that period, which is thus determined by the calendar, the Customer will be in default without warning.

Delivery Terms

Access to the services of the provider will be sent immediately after receipt of order. The provider undertakes all necessary efforts to supply access latest until day 3 after the order. The normal delivery time is 1 day if not stated otherwise in the item description. Requirement for the supply of access to the full services of the provider is a previously performed determination of the identity of the customer. The identity checks are being carried out by an online and / or telephone implemented process. The provider is entitled to monitor these identities, and to save excerpts to authenticate the client. The customer is immediately informed about any delays. Does the provider have a permanent obstacle to delivery, in particular force majeure, or non-delivery by own agents or external service providers, although in time a corresponding hedging transaction was executed, the provider shall not be hold responsible. In this case, the provider has the right to withdraw from a contract with the customer. The customer will be informed immediately and received services, such as payment, shall be refunded.

Contracts

The customer has the ability to save and / or print these Terms and Conditions as well as all other documents incurred under the contract (purchase order, confirmation, invoice, payment process). The customer can correct input errors during the ordering process. To that end, he may use the following steps: Back button and re-entry of input or Cancel.

Withdrawal and Service

Right to Withdraw

You have the right to withdraw this contract within fourteen days without giving a reason.

The withdrawal period is fourteen days from the date of the order.

Your right expires prematurely if the contract is completely fulfilled by both parties at your explicit request before you have exercised your right to withdraw.

To exercise your right, you have to give notice to SoftwareLoft IT-Solutions GmbH, Dammtorstraße 14, D-20354  Hamburg, Tel. +49 40 320 877 – 0, E-Mail: kontakt@softwareloft.de, by means of a clear statement (eg a by post consigned by mail, fax, or e-mail) of your decision to withdraw from this contract.

You may make use of the attached withdrawal form, which is not mandatory, however.

To meet the withdrawal deadline, it is sufficient that you send your communication concerning the right of withdrawal before the withdrawal period.

Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with exceptions of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us), and repay immediately latest within fourteen days from the date on which the notification has been received about your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in nocase you will be charged fees for this repayment.

Customer will bear the direct cost of returning the good, if applicable.

End of Withdrawal

Disclaimer

Customer claims for damages are excluded, unless otherwise provided for the following reasons. This also applies to the representatives and agents of the provider. Excluded are claims for damages of the customer due to injury to life, limb, health or fundamental contractual obligations, which must necessarily be met to achieve the Treaty's objectives. Likewise, this does not apply to claims for damages by gross negligence or willful misconduct of the applicant or his legal representative or agent.

Assignment and No Forfaiting

Claims or rights of the customer against the provider may not be assigned or pledged without its consent, unless the customer has established a legitimate interest in the assignment or pledge.

Language, Jurisdiction and Applicable Law

The contract is drawn up in German language. The German Terms of Service shall be deemed applicable, being the sole Term for the contractual relationship between the provider and the customer. All further implementation of the contractual relationship is done in German language. The only jurisdiction being applicable for these Terms shall be the law of the Federal Republic of Germany.

Data Protection and Privacy

In connection with the preparation, conclusion, execution and termination of a purchase/service agreement on the basis of these terms and conditions data will be collected, stored and processed by the provider. This is done in accordance with legal provisions. The provider will not share personal information about customers with third parties, unless he would be legally obliged to do, or the customer has expressively consented. If a third party rendering services used in connection with the handling processing procedures, the provisions of the Federal Data Protection Act are adhered to. The information provided by the customer by way of order data are processed exclusively for communication within the scope of the contract and only for the purpose for which the customer has made the data available. The data will only be passed on to the shipping company, which handles the delivery of the goods or the collection of documents as the customer has ordered and only if necessary . The payment data is forwarded to the agency responsible for the paying bank. If the customer has stored information about confidants ( "Trustees") including their contact details, the customer grants the provider the right to inform these confidants by electronic communication (eg email), on behalf of customer, of the fact that they have beein appointed as persons of confidence (Trustees, Confidants) by the customer.. At the same time the customer agrees to the storage of the data which it has stored with respect to the confidants by the provider. By the designation of a person as confidant ("Trustee"), the customer shall grant the Trustee the limited right of access to its customer data in compliance with the access restrictions placed by the customer. This permission may at any time be restricted or revoked by the customer himself. The known e-mail addresses of the customer and the beneficial owner (confidants) will be used by TheVitalThings for the fulfillment of the contractual relationship with the customer, for giving specific information, and to advise on product development. Without consent of the customer or the beneficial owner TheVitalThings will not use these information for purposes of advertising or promotional purposes. The consent to the use of the e-mail address can be revoked by the customer at any time. The provider may be legally obliged to storing some data up to ten years. During the visit, the internet store of the provider may collect anonymous data which does not allow inferences to personal data and do not intend, in particular IP address, date, time, browser type, operating system and pages visited logged. The customer may request to delete, correct or block personal data in accordance with statutory provisions. A free information about all personal data of the customer stored by the provider is avaliable upon request.. For questions and requests for cancellation, correction or blocking of personal data as well as the collection, processing and use, the customer can contact the following address: SoftwareLoft IT-Solutions GmbH, Dammtorstraße 14, D-20354  Hamburg, Tel. +49 40 320 877 – 0, E-Mail: kontakt@softwareloft.de.

Severability

The invalidity of a provision in these terms and conditions does not affect the validity of the remaining provisions.