General Terms and Conditions (GTC) for the Software "EAnzeige"
1. Scope
1.1 These General Terms and Conditions (GTC) apply to all contracts between the provider of the software "EAnzeige" (hereinafter referred to as "Provider") and the customer regarding the use of the software "EAnzeige".1.2 The software "EAnzeige" is a classified ads script with various packages for (Classifieds Market, Car Market & Real Estate Market), developed in PHP from version 8.x, including both free and paid plugins.
1.3 Deviating, conflicting, or supplementary general terms and conditions of the customer do not become part of the contract unless the provider explicitly agrees to their validity in writing.
2. Contract Conclusion
2.1 A contract is concluded when the customer places an order and the provider confirms it, or by the provision of the software by the provider.2.2 The customer can purchase the software in different packages. Free and paid plugins can be selected separately.
3. Services and Usage Rights
3.1 The provider makes the software "EAnzeige" available to the customer, offered in different packages with varying functionality.3.2 The customer receives a non-exclusive, non-transferable right to use the software for the duration of the contract.
3.3 Free plugins may be used without restrictions. Premium plugins are subject to a fee and require a separate license.
3.4 The customer may not duplicate, modify, or resell the software unless the provider has given written consent.
4. Prices and Payment Terms
4.1 The prices for using the software and paid plugins are determined by the provider's current price list.4.2 Payments are due within 10 days after invoicing without deductions.
4.3 The provider reserves the right to reasonably adjust prices. Changes will be communicated to the customer at least 30 days in advance.
5. Warranty and Liability
5.1 The provider guarantees that the software essentially corresponds to the described functions.5.2 Defects must be reported to the provider in writing without delay. The provider will choose to either rectify the defect or provide a replacement.
5.3 The provider is not liable for damages resulting from improper use or external influences.
5.4 The provider's liability is limited to intent and gross negligence. For simple negligence, the provider is only liable for breaches of essential contractual obligations.
6. Contract Duration and Termination
6.1 The contract duration is determined by the selected license type. The contract can be terminated by either party with a notice period of 30 days before the end of the contract period.6.2 The right to extraordinary termination remains unaffected.
6.3 After contract termination, the customer is required to uninstall the software and cease all usage.
7. Data Protection
7.1 The provider processes the customer's personal data in compliance with applicable data protection laws.7.2 Customer data will only be shared with third parties if necessary for contract fulfillment or if there is a legal obligation.
7.3 The customer is obligated to stay informed about current data protection regulations and comply with them regarding their use of the software.
8. Final Provisions
8.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.8.2 If any provision of these GTC is or becomes invalid, the validity of the remaining provisions remains unaffected.
8.3 The place of jurisdiction for all disputes arising from this contract, where legally permissible, is the provider’s registered office.
9. Support Terms
9.1 The provider offers paid support services, which must be booked on a monthly basis.9.2 The support services include technical assistance and advice on using the software.
9.3 The customer may cancel the support at any time, with termination taking effect at the end of the respective billing period.
10. License Details
10.1 Each license for the software "EAnzeige" is valid per domain.10.2 Subdomains of the licensed domain are included in the license.
10.3 Use of the software on additional domains requires the purchase of additional licenses.
11. Refunds
11.1 Refunds of paid amounts are excluded.11.2 Since the software is provided including web space, the customer cannot terminate the service prematurely.
11.3 However, the customer may cancel the contract at the end of the selected term (monthly, quarterly, or annually).
Version: [05.05.2025]
