By using our services (use of the software “txtperformer”) the following terms of contract are accepted:
1 Subject matter of the contract
The following terms and conditions (T&C) shall apply to the use of web-based software solutions produced by pagebreaker media and provided as a Software-as-a-Service service via the Internet.
Subject of the contract:
the provision of software programs listed under txtperformer.com for use via the Internet as well as
the storage of customer data in the used/leased data center of pagebreaker media.
2 Type and scope of the service
(1) The subject matter of the contract is the provision of software (SaaS) for use via the Internet – this involves access to the data center of the provider.
(2) pagebreaker media shall provide the customer with the use of the software txtperformer” via the Internet and the customer’s own browser. The software shall remain on pagebreaker media’s server at all times. pagebreaker media shall not be responsible for guaranteeing the data connection between the transition point and the customer’s IT systems. It is the responsibility of the user to create the technical requirements for receiving the software at the transition point and its use.
(3) pagebreaker media shall always offer the software in the current version. The updating of the software shall only take place in the period between 10:00 p.m. and 6:00 a.m. and only if it is reasonable. pagebreaker media shall not be obliged to provide the software during an ongoing update process.
(4) The user may only access the provided software from one workstation at a time. For customers who have ordered multiple accesses, the individually agreed contract shall apply.
(5) pagebreaker media shall owe the quality and availability values specified in the annex “Service Level Agreement (SLA)”.
3 Access authorization
The user receives an access authorization for each paid workstation, consisting of a user ID and a password. User ID and password can be changed by pagebreaker media. The user may only disclose user ID and password to authorized persons and is otherwise obligated to maintain secrecy. If these are made public, pagebreaker media may block access. The user shall then receive a new user name and password.
4 Availability of the Software
pagebreaker media points out to the user that restrictions or impairments of the provided services may occur that are beyond the control of the provider. This includes actions of third parties not acting on behalf of the provider, technical conditions of the Internet that cannot be influenced by the provider, and force majeure. The hardware, software and technical infrastructure used by the Customer may also have an influence on the Provider’s services.
Insofar as such circumstances have an influence on the availability or functionality of the service provided by the Provider, this shall have no effect on the contractual conformity of the services provided.
There is no obligation to provide training. Furthermore, videos and articles explaining the software are made available to the user.
pagebreaker media offers e-mail support on weekdays from 8 am to 5 pm for customers who have subscribed to the software for a fee. Inquiries will generally be answered within one business day.
6 Data storage
There is no data storage via txtperformer.com. Nevertheless, customer data that have subscribed to the paid software may be stored at pagebreaker media or our service providers in order to manage payment transactions and access authorizations.
6.1 pagebreaker media complies with the legal data protection regulations.
6.2 For the purpose of executing the contract, the customer grants the provider the right to reproduce the data to be stored by the provider for the customer, as far as this is necessary to provide the services owed under this contract. The Provider shall also be entitled to keep the data in a failover system or separate failover computer center. In order to eliminate malfunctions, the Provider shall furthermore be entitled to make changes to the structure of the data or the data format.
6.3 The Provider shall regularly back up the Customer’s data on the server for which the Provider is responsible to an external backup server. The Customer may, to the extent technically possible, excerpt this data at any time for backup purposes and is obligated to do so at regular customary intervals.
6.4 If and to the extent that the Customer processes or has processed personal data on IT systems for which the Provider is technically responsible, an order data processing agreement shall be concluded.
7.1 The payment period and the amount of the remuneration as well as the method of payment shall depend on the subscription concluded or the individual contract.
7.2 If the Customer delays payment of a due remuneration by more than four weeks, the Provider shall be entitled to block access to the software after prior reminder with setting of a deadline and expiry of the deadline.
The Provider’s claim to remuneration shall remain unaffected by the blocking. Access to the software will be reactivated immediately after payment of the arrears. The right to block access shall also exist as a milder means if the Provider has a right to extraordinary termination.
8 Cooperation Duties of the Customer
8.1 The Customer shall support the Provider in the provision of the contractual services to a reasonable extent. The customer is responsible for the proper and regular backup of his data. This shall also apply to documents provided to the Provider in the course of the performance of the contract.
8.2 For the use of the software, the system requirements resulting from the product description or the order sheet must be met by the customer. The customer shall be responsible for this.
8.3 The Customer shall keep the access data provided to it secret and ensure that any employees to whom access data is provided do likewise. The service of the Provider may not be made available to third parties, unless this has been expressly agreed by the parties.
9 Liability and Compensation
9.1 pagebreaker media shall not be liable for damages of the customer caused intentionally or by gross negligence. Furthermore, pagebreaker media shall not be liable for damages of the customer caused by software failures or software interruptions at txtperformer.com – e.g. articles that could not be completed on time.
9.2 In all other respects liability – irrespective of the legal grounds – shall be excluded.
9.3 If damages of the customer result from the loss of data, the provider shall not be liable for this, as far as the damages would have been avoided by a regular and complete backup of all relevant data by the customer. The Customer shall carry out or have carried out a regular and complete data backup itself or by a third party and shall be solely responsible for this.
10 Customer Data and Indemnification from Third Party Claims
10.1 pagebreaker media shall not store any content and data for the customer, which the customer enters when using the software.
The customer undertakes towards pagebreaker media not to enter any criminal or illegal content and data and not to use any programs containing viruses or other malware in connection with the software.
10.2 The customer shall be solely responsible for all content and processed data used by him as well as for any rights required for this. pagebreaker media does not check the customer’s content and has no possibility to gain insight into it.
10.3 In this context, the customer agrees to indemnify the provider from any liability and any costs, including possible and actual costs of legal proceedings.
10.4 Any further claims for damages of the Provider shall remain unaffected.
11 Contract term
11.1 The term of the contract depends on the subscription concluded or the individual contract.
11.2 Both parties reserve the right to extraordinary termination for good cause if the legal requirements are met. Good cause for the Provider shall be deemed to exist if the Customer is more than two months in arrears with the payment of a due remuneration despite a reminder.
11.3 To be effective, notices of termination must be made in text form by e-mail or by post.
12 Transfer of rights and obligations
The customer is not entitled to transfer or resell the concluded contract to other persons. Should this happen nevertheless, pagebreaker media is entitled to block this account in the long term. A remuneration for the remaining term is not applicable.
13 Final Provisions
This agreement and its amendments, as well as all contract-relevant declarations, notification and documentation obligations must be in writing, unless another form is agreed or required by law.
For all users who use the free version of txtperformer there is no obligation to provide support or other assistance.
Place of performance is Wiesbaden. The place of jurisdiction for both contracting parties is Wiesbaden. The contract, its supplements and amendments as well as changes in form must be in written form.
Should any provision of the contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties undertake to replace the invalid provision with one that comes as close as possible to the economic intent. The same shall apply if a loophole should become apparent in the contract.
The law of the Federal Republic of Germany shall apply.