Do you have any questions about the performance of the CATAMA SaaS application and the services?
Our address:
Agency 404MEDIA
Stefan Pingel
Töpferstraße 18
19336 Bad Wilsnack
Phone: 038791-80926
Email: info@catama-software.de
Agency 404MEDIA
Töpferstraße 18
19336 Bad Wilsnack
represented by:
Stefan Pingel
404MEDIA the sake of simplicity –
THE "CATAMA" PRODUCT OFFERED BY THE AGENCY 404MEDIA IS ADDRESSED TO ENTREPRENEURS WHO HAVE THEIR RESIDENCE OR BUSINESS IN THE FOLLOWING COUNTRIES ("Contract Territory"):
- Federal Republic of Germany
404MEDIA accepts no liability or guarantee for the use of the services outside of the contract area.
I. VALIDITY OF THE GENERAL BUSINESS CONDITIONS & CONCLUSION OF CONTRACT
These General Terms and Conditions were updated on December 4th, 2016. These become effective on the day of their recognition.
1. 404MEDIA provides you with the free and paid SaaS services and other services offered in the form of the CATAMA software on the basis of the following general terms and conditions of service and use (hereinafter “GTC”). Deviating general terms and conditions of the contractual partner do not apply. They also do not apply if 404MEDIA does not expressly object to them.
2. Only after ticking the checkbox "I have read the terms and conditions and data protection guidelines and accept them" does a contract for our CATAMA company services come about and you have the opportunity to test the CATAMA application for 7 days free of charge and without obligation - without automatic renewal and without any further obligation. 404MEDIA will send you a user ID and password within a reasonable time and activate your access account.
Booking paid services:
Only after you have confirmed your selected applications and services of the CATAMA software in an overview and then "Order does a fee-based service contract with 404MEDIA come about. This also applies to every additional booking.
IF YOU ARE ENTERING INTO THE AGREEMENT ON BEHALF OF A COMPANY OR ANY OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS. YOU WILL ENSURE THAT YOUR AUTHORIZED USERS (USERS) INTENDED TO USE THE SAAS SERVICES AND SERVICES ALSO COMPLY WITH THE TERMS OF THIS AGREEMENT.
3. You may not use the CATAMA SaaS services and accept the terms and conditions if you are a consumer within the meaning of § 13 BGB or are not of legal age or according to the legal provisions of your country, including the country in which you are resident or from which you will use the CATAMA SaaS Services are barred from receiving those services
4. In order to be able to access the CATAMA SaaS services, you must provide truthful information about yourself and your company (e.g. correct identification and contact details) as part of the registration process or during ongoing use. You declare that the information you provide when registering for the CATAMA application or that you pass on to 404MEDIA is correct, correct and up-to-date at all times - in particular that you are an entrepreneur within the meaning of Section 14 of the German Civil Code.
5. When using certain CATAMA SaaS services, special or modified provisions may also apply. You will be informed of this before you use the product/service in question. Insofar as these special provisions deviate from the following regulations, these shall take precedence.
6. These conditions expressly do not apply to services marked as "third-party services" that are not offered by 404MEDIA itself but by a third party, even if this is done free of charge and/or the use of which requires registration with CATAMA or 404MEDIA (e.g. Mobile.de or SMS services). The general terms and conditions set by the third party apply exclusively to these services.
II. SUBJECT / OBLIGATION TO PERFORM 404MEDIA AGENCY & REQUIREMENTS
1. The SaaS services offered as part of the CATAMA application are divided into individual service products and packages. You may also choose supplements and resources to the SaaS Services and Services. 404MEDIA makes these SaaS services available to you via the Internet. You thus receive the technical possibility and authorization to use the CATAMA SaaS services in accordance with these conditions. These are hosted on central servers.
In addition to the general system requirements, only the services specified in the most recent product description in relation to the product you have selected (see also www.catama-software.de/preise-und-dienstleistungen. html)
The CATAMA SaaS services are accessed via the browser (latest Chrome or Firefox) via a user interface. Data processing and encrypted access to your data as well as storage and backup of your data on the CATAMA server take place using encrypted transmission. 404MEDIA also takes care of the maintenance and care of the hardware and software infrastructure required to use the CATAMA SaaS services.
On the website at www.catama-software.de, the current documentation that describes the CATAMA SaaS services is only available to you in electronic form. The current hardware and software conditions of use required by the customer for the use of the CATAMA SaaS services are also described there. The operation and maintenance of these technical requirements is your sole responsibility - also in the case of further developments of the CATAMA SaaS services or their infrastructure.
2. If you use free services of the CATAMA application or if the CATAMA SaaS services or services you have selected contain services/services that go beyond the specifications listed in the product description, this is done free of charge and without any legal claim.
Insofar as 404MEDIA provides free CATAMA SaaS services or services, these can be discontinued at any time and without prior notice. If the setting is of importance to you, you will be informed by 404MEDIA at least one week in advance. However, claims for reduction, reimbursement or compensation for damages are excluded.
3. 404MEDIA provides the CATAMA SaaS services based on complex and modern web technology. 404MEDIA intends to further develop the CATAMA SaaS services and services at its own discretion in order to provide users with maximum convenience and functionality. You acknowledge and agree that the form and nature of the CATAMA SaaS Services provided by 404MEDIA may change to a reasonable extent during the Contract Term.
Reasonability is given in particular if:
a) the CATAMA services contain products from other manufacturers and these are not, no longer or only available in a modified form to 404MEDIA without this being due to circumstances for which 404MEDIA is responsible,
b) new legal or official requirements make a change to CATAMA necessary,
c) the agreed services no longer correspond to the current state of the art, the safety regulations or data protection or their operability is no longer guaranteed, or
d) agreed services in whole or in part for the same or higher-value services are exchanged, the agreed target quality remains essentially unchanged and the associated change in service is reasonable. 404MEDIA will notify you of changes in performance of the CATAMA application at least one month before they take effect.
4. The web browser is the gateway to the Internet and the data center used by 404MEDIA for the contractually owed CATAMA SaaS services and services of 404MEDIA. Connecting the customer to the Internet, maintaining the network connection and procuring and providing the hardware and software required by the customer is not the subject of this contract.
5. 404MEDIA strives to provide access to the CATAMA SaaS services and services permanently, 24 hours a day, 365 days a year. The hosting operation is designed for an availability of more than 99% per annum, except for routine, necessary and planned maintenance and repair measures. Availability at all times is expressly not guaranteed and is not owed. In particular, access may be partially restricted for technical reasons, such as necessary maintenance and repair work. As far as possible, necessary maintenance and repair work will be announced, in particular the routine maintenance work will be announced to you in advance. Unavailability due to maintenance work does not justify a reduction claim if this does not exceed 24 hours a day, 48 hours a week or 96 hours a month.
6. Unless expressly stated, 404MEDIA does not owe any further services. In particular, 404MEDIA is not obliged to provide installation, consulting, adaptation and/or training services or to create and provide individual functions or additional programs.
III. INDUSTRIAL PROPERTY / COPYRIGHT / LICENSE GRANT / RESTRICTIONS / TRANSFERABILITY / FAIR USE
1. The content of the CATAMA internet pages, CATAMA SaaS services and services, the CATAMA software itself and its documentation as well as the technologies used by 404MEDIA ("content") and CATAMA are subject solely and independently to registration of industrial property rights or intellectual property rights and in particular, but not exclusively, the copyright of 404MEDIA or its licensors. 404MEDIA reserves all rights not expressly granted. You are only entitled to use the content in the form provided by the CATAMA software as intended and in accordance with the contract.
2. 404MEDIA hereby grants you, within the framework of the conditions, a limited, personal, but not exclusive or transferable and also non-sublicensable, Germany-wide license for the use of the CATAMA SaaS services you have selected and – insofar as they are subject to a fee – also paid for for the term of the contract and services within the selected specification parameters (e.g. version or number of users) of the products you have selected, solely for your own internal business purposes. Internal business purposes means that you are only authorized to process your own company data with the CATAMA SaaS services. However, you may grant access to the products you have booked to a third party who will support you in your work (e.g. your accountant).
The license is granted to you solely for the purpose of enabling you to use the CATAMA SaaS Services provided by 404MEDIA in accordance with the provisions of the Agreement Terms. You may only access the CATAMA SaaS Services through the means of access provided by 404MEDIA.
The right to use the license ends when the contractual relationship between you and 404MEDIA ends.
You are expressly prohibited from
– processing other than your own company data with the CATAMA SaaS services and services of 404MEDIA.
– use of the CATAMA SaaS services and services if you are a competitor of or affiliated with 404MEDIA;
– use the CATAMA SaaS Services and Services to analyze or compare its availability, performance or functionality or use it for product development of similar ideas, features, functions or graphic representations of the Products;
– assign the rights under this contract;
– use the CATAMA SaaS Services and Services for time-sharing, data center purposes (“Service Bureau”), subscription services (“Subscription Services”) or rental purposes;
– disclose results of benchmark testing of the CATAMA SaaS Services to any third party unless 404MEDIA consents to disclosure in writing in advance;
– use the CATAMA SaaS services and services to provide training for third parties; this does not apply to training courses for your employees who have acquired a license in accordance with the contractual provisions.
3. You irrevocably and free of charge grant 404MEDIA the unrestricted right to use and exploit your ideas, service and software development requests, feedback, recommendations or other information provided by you or third parties in connection with the CATAMA SaaS Services , unless you clearly and explicitly reserve your rights for 404MEDIA.
4. Insofar as 404MEDIA provides new versions of the CATAMA SaaS services or services during the term of this contract as a result of further developments, the granting of the license applies to these in principle, unless 404MEDIA adds supplementary regulations, to which you are informed.
5. You have to pay damages for each case in which you culpably enable the use of the CATAMA SaaS services by third parties. At least in the amount that would have been incurred in the event of the conclusion of a contract for one, the number of third party users. In the event of unauthorized use or transfer of use, you must immediately provide all information about the user to assert claims against 404MEDIA at the request of 404MEDIA.
6. You agree not to reproduce, sell, license or sublicense in any way, assign, distribute, or otherwise commercially exploit the CATAMA SaaS Services and Services for any purpose, or Make available to any third party, reproduce, modify, copy, create derivative works from, reverse engineer or otherwise attempt to derive the source code of the Software, nor permit any third party to do so, except as expressly permitted by law permitted or required, or 404MEDIA has expressly permitted you to do so under a separate written agreement.
7. You will only use the CATAMA SaaS services and services for purposes that are in accordance with the terms of the contract and the relevant statutory provisions or regulations or generally accepted practices or guidelines in the relevant jurisdictions (including any statutory provisions relating to the export of data or software) are permitted.
8. We assume that you will only use our CATAMA Services for the purposes for which they are intended.
However, since each company can have different and unforeseeable requirements, we apply the fair use rule: We reserve the right to make excessive or unusually high demands on our services, which, according to our own assessment, affect the use and availability of the services of all our users could affect. In this case, we will contact you to find a solution for your specific usage needs.
IV. CONTRACT TERM / TERMINATION / ISSUE OF YOUR DATA / DATA DELETION
1. In the license management of the CATAMA website or application you can see the current status of your products, their costs, duration and cancellation options.
By clicking on the button “order subject to a fee” in the shop, a contractual relationship against payment begins for an indefinite period.
The notice period for ending the contractual relationship is 14 days to the end of a month, unless a different term or notice period is expressly specified in connection with the product selection.
During the term of a chargeable CATAMA SaaS service, you can basically book additional chargeable extensions (e.g. additional users) or, if necessary, supplementary products (on-site training) for the respective CATAMA SaaS service at any time.
A change from free CATAMA SaaS services to paid products or to a higher product in a category is possible at any time. In this case, any fees already paid, which are already included in the newly selected paid product, will be offset or credited.
2. The information in Section II.2 applies to free products.
3. The right to termination for good cause remains unaffected.
An important reason exists in particular if: - a contractual partner violates essential obligations or repeatedly violates non-essential obligations from the contract and does not remedy the violation within a reasonable period of time even after warning by the other contractual partner; or
– You have breached any provision of these Terms of Contract or your behavior indicates with certainty that you are unwilling or unable to comply with the provisions of the Terms of Contract.
– Insolvency proceedings have been opened against the assets of the other contractual partner or the opening is imminent.
4. Please note that all cancellations must be in writing.
5. Upon termination of the contractual relationship - regardless of the reason - the contracting parties are obliged to process the contractual relationship properly:
- 404MEDIA is entitled to irretrievably delete your data no later than thirty days after the end of the contractual relationship.
You can create a backup of your data at any time using our integrated export tool. – However, 404MEDIA reserves the right to withhold customer data, particularly in the event of default on your part.
– Compliance with commercial and tax retention periods is solely your responsibility.
6. 404MEDIA points out that after the end of this contract, you have no right to have your customer data re-imported into the then current version of the SaaS services. In particular, when the contract ends, your settings, facilities and master data entries will be lost forever.
V. CONTACTS / CONSENT TO COMMUNICATION BY EMAIL
1. The person concluding the contract is available to 404MEDIA as a contact person and for questions during the contract period. In particular, it will provide the information required for the implementation of this contract and is considered to be entitled to make legally binding declarations to 404MEDIA. Changes in the person of the contact person are to be communicated to 404MEDIA immediately
2. You expressly agree that information regarding requested or existing contracts and the execution of the contract as well as any settlement between you and 404MEDIA will be sent to you by e-mail to an e-mail address you provided when registering for the contract. You will check the e-mail account you have provided for incoming messages as is customary in the business.
VI. OTHER OBLIGATIONS
1. You are responsible for all activities that occur under your user accounts. You must keep your user ID (e.g. user and access authorization assigned to you or your users as well as identification and authentication safeguards, login names, passwords) secret, protect it from access by unauthorized persons and ensure proper use. You are responsible for the use of your access, are liable for any misuse that occurs and bear all costs incurred for unauthorized use. In this context, you must also reimburse 404MEDIA for those expenses that arose from checking your facilities and/or defects and disruptions that are attributable to your area of responsibility.
2. You will immediately notify 404MEDIA of any unauthorized use of passwords or access to the CATAMA products and services, as well as any other known or suspected data security breach
3. You agree not to take any action that impairs or disrupts the availability of the CATAMA Products or the servers or networks used to provide the CATAMA SaaS Services.
4. You will refrain from any improper use of the CATAMA SaaS Services. In particular, you will not transmit any content or data of an illegal nature or of illegal content. You refrain from attempts to access information or data yourself or through third parties without authorization or to intervene or allow intervention in the software systems and/or the hardware systems operated by 404MEDIA or to intrude unauthorized data networks of 404MEDIA or the CATAMA SaaS
5. Before sending your data and information, you will check it for harmful content, especially viruses, and use state-of-the-art virus protection programs. In addition, you are obliged to provide all relevant cooperation services immediately and free of charge, especially if 404MEDIA asks you to do so and the necessary measures do not exceed a reasonable effort.
VII. REMUNERATION AND BILLING
1. The fees incurred for the use of chargeable CATAMA services, services and products are calculated according to the currently valid prices, which can be viewed at www.catama-software.de/preise-und-dienstleistungen.html. Direct debits are debited at the earliest 7 days after receipt of the invoice.
Unless expressly stated otherwise, the remuneration is due monthly in arrears. The one-off fees are due and payable before commissioning, immediately after the CATAMA application has been set up.
2. Invoicing is done electronically. If you would like a paper invoice to be sent by post or if this is necessary (wrong contact e-mail address), an additional fee of € 2 per invoice will be charged.
3. Unless explicitly stated, all prices are net prices, which are invoiced plus statutory sales tax. Sales tax is listed separately on invoices.
4. The payment options available to you result from the respective ordering process. In any case, you have to provide the necessary data when concluding the respective contract
5. Fees for returned direct debits or Paypal payments for which you are responsible are to be borne by you. A processing fee of €10 will be charged in each case. You reserve the right to prove that no damage or a significantly lower amount of damage was incurred.
6. If the direct debit authorization is revoked, if you request a returned direct debit or if there are other changes in the payment process, 404MEDIA can switch the collection method to invoice payer. Due to the higher effort, you as the invoice payer will be charged additional costs of € 2.50 per invoice. Switching back from bill payers to direct debit payers only takes place upon written request and after verification.
7. Any credit notes or reimbursement amounts due to overpaid remuneration, double payments, etc. will be offset against the next due invoice.
8. You must notify 404MEDIA of any objections to the invoice in text form within eight weeks of receipt of the invoice. The waiving of timely objections is considered as approval. Statutory claims by you in the event of justified objections remain unaffected. You are only entitled to offset against legally established or undisputed claims or to assert a right of retention.
9. The assignment of claims from this contract is only permitted with the prior express written consent of 404MEDIA.
VIII. DELAY AND SYSTEM LOCKOUT
If you are in default of payment, 404MEDIA does not have to and will no longer provide the CATAMA SaaS services after giving one week's notice. In particular, 404MEDIA can block access completely. In this case, you remain obliged to pay the monthly fee and 404MEDIA reserves the right to assert other claims due to the delay in payment.
IX. CHANGES TO CONDITIONS
404MEDIA reserves the right to change or supplement the conditions (e.g. prices, terms and conditions). You will be informed separately of changes or additions. The changed or supplemented conditions will only apply if you continue to use the products after receipt of the notification and expiry of the ordinary notice period agreed in this contract and you have been made aware of this consequence. This applies accordingly to free services, whereby 404MEDIA will comply with a notice period of at least four weeks.
X. DEFECTS, NOTICE AND DISCLAIMER OF WARRANTIES
1. 404MEDIA warrants that it will perform its services in a manner consistent with general industry standards as applicable to the products and that the service will be performed substantially as described in the product descriptions for normal use, under normal circumstances is specified.
2. If the CATAMA services to be provided by 404MEDIA under this contract are defective, 404MEDIA will, at its option, improve the services or provide them again within a reasonable period of time and after receipt of a notice of defect.
If the defect-free provision fails for reasons for which 404MEDIA is responsible within a reasonable period set by you, you can reduce the agreed remuneration by a reasonable amount. The right to a reduction is limited to the amount of the remuneration attributable to the defective part of the service. If the system availability falls below 99% (see also Section II.6), you can reduce your remuneration accordingly.
Claims for damages are based exclusively on Section XI
3. The prerequisite for your warranty claims is that you report errors in the contractual services immediately and state how and under what circumstances the error occurs and actively support 404MEDIA in troubleshooting. If, after checking the error message, it turns out that the error did not occur within 404MEDIA's area of responsibility, 404MEDIA can charge you for the costs of checking the error message at the currently valid prices. This does not apply, however, if you were unable to recognize when exercising the necessary care that the disruption did not occur within the area of responsibility of 404MEDIA.
4. 404MEDIA MAKES NO REPRESENTATIONS, GUARANTEE OR GUARANTEE THAT
a) THE USE OF THE CATAMA SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
b) YOUR USE OF THE CATAMA APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, RESPECTIVELY.
CAN BE ERROR-FREE c) DATA STORED WITHIN THE CATAMA APPLICATION IS ACCURATE OR RELIABLE
d) INFORMATION OBTAINED IN THE USE OF THE PRODUCT IS ACCURATE AND RELIABLE
e) ANY DEFECTS OR ERRORS REGARDING THE PRODUCTS OR FUNCTIONALITY OF THE SOFTARE PROVIDED TO YOU AS PART OF THE PRODUCT WILL BE PROVIDED
5. EXCEPT AS EXPRESSLY AGREED OTHERWISE, ADVICE OR INFORMATION OBTAINED FROM 404MEDIA SHALL NOT CREATE ANY WARRANTY AGAINST 404MEDIA
6. 404MEDIA DOES NOT WARRANT THAT THE PRODUCTS ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OUTSIDE THE TERRITORY. IF YOU USE THE PRODUCTS OUTSIDE THE TERRITORY, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION THE EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. DIVERSION OF WEB CONTENT IN VIOLATION OF THE LAW IS PROHIBITED.
7. THE EXCLUSIONS PURSUANT TO ARTICLES 4.-6. DO NOT AFFECT YOUR STATUTORY RIGHTS TO WHICH YOU ARE IN ANY EVENT WHICH ARE NOT CONTRACTUALLY MODIFIABLE OR OBLIGATORY.
XI. LIABILITY
1. Unless otherwise regulated in this contract, 404MEDIA, its legal representatives or vicarious agents are exclusively and conclusively liable for whatever legal reason as follows:
a) No-fault liability on the part of 404MEDIA for defects that already existed at the time the contract was concluded is excluded.
b) 404MEDIA is liable for damage caused intentionally and through gross negligence, claims under the Product Liability Act and in the event of injury to life, limb or health under the statutory provisions.
c) 404MEDIA is only liable for damage caused by simple negligence on the part of 404MEDIA or its vicarious agents if an essential contractual obligation has been violated or there is a case of delay or impossibility.
d) In the cases of Section XI.1. c) the liability of 404MEDIA per damage event is limited to a maximum amount of your annual remuneration at the time of the damage-causing event.
2. 404MEDIA will use state-of-the-art virus scanners and firewalls to prevent unauthorized access to your data and the transmission of damaging data.
You acknowledge that complete protection against damaging data is not possible, as viruses, worms, Trojan horses, spam and other security risks are constantly being developed or developed.
404MEDIA points out that the security products used by 404MEDIA and CATAMA cannot offer 100% protection against harmful content. 404MEDIA therefore assumes no liability or guarantee for the security of the CATAMA SaaS service against corresponding threats, insofar as 404MEDIA has fulfilled its above obligations. If a threat cannot be eliminated in any other way in a technically and economically appropriate and promising manner, 404MEDIA is entitled to delete data from you with harmful content. 404MEDIA will inform you about this
3. 404MEDIA points out that, given the current state of technology, it is hardly possible or only possible with disproportionate and uneconomical effort to develop software in such a way that it works error-free in all applications and combinations. Therefore 404MEDIA assumes no liability for the accuracy of their products. In particular, 404MEDIA does not guarantee that the products will work with third-party programs unless this is expressly provided for in the product description.
4. 404MEDIA is not liable for indirect damage, consequential damage or lost profit.
5. Claims by you that go further and are different from those mentioned in this contract, regardless of the legal reason, are excluded.
6. The CATAMA Website and CATAMA Product may contain hyperlinks to other websites, content or resources. 404MEDIA has no control over websites or sources provided by third parties. The provider of the page to which reference is made is solely liable for illegal, incorrect or incomplete content and for damage arising from the use or non-use of this information, not the person who merely refers to the respective publication via links. In the case of direct or indirect references to third-party websites ("links") that lie outside the area of responsibility of 404MEDIA, a liability obligation would only come into effect if 404MEDIA was aware of the content and it was technically possible and reasonable for it to do so to prevent the use of illegal content.
XII. MUTUAL INDEMNIFICATION AND INFRINGEMENT
1. When using the product or CATAMA, you will observe all applicable laws and other legal provisions of the Federal Republic of Germany. In particular, you are prohibited from posting data or content that violates legal regulations, third-party property rights or copyrights or other third-party rights. You are responsible for the data and content you provide. 404MEDIA does not check the content for correctness, freedom from viruses or virus processing.
2. You agree that you will be solely responsible for any breach of your obligations under the Terms of Contract and for any consequences arising therefrom. You release 404MEDIA from any claims and reasonable costs for legal defense based on your illegal or non-contractual use of the services or your users.
3. Insofar as you are convicted in court of infringement of industrial property rights and copyrights of third parties because of the contractual use of the services provided by 404MEDIA within the scope of the CATAMA application, 404MEDIA shall indemnify you from these claims under the following conditions:
- You notify 404MEDIA immediately in writing as soon as you have become aware of the claims asserted against you, and
- you allow 404MEDIA to control all defensive measures and settlement negotiations.
In particular, you will not give any judicial or extrajudicial acknowledgment of third-party claims, and you will support 404MEDIA in defending against or settling the claims in an appropriate manner.
– See paragraph 5
4. In addition to the obligation to indemnify according to the above paragraph, 404MEDIA is only liable to you for damages in accordance with Section XI. obligated if 404MEDIA is at fault for the violation.
5. Your rights under this section do not exist if the infringement of property rights is based on the fact that you
- have made a change to the products that has not been approved in writing by 404MEDIA under this contract or otherwise, or
- the contractual services in use it for a purpose other than that set out in this contract, or
– you combine the products with hardware or software that does not meet the requirements specified in the description.
XIII. FORCE MAJEURE
1. Events of force majeure that make the service significantly more difficult or temporarily impossible entitle each contracting party to postpone the performance of its service for the duration of the hindrance and a reasonable start-up time.
2. Labor disputes and similar circumstances are equivalent to force majeure insofar as they are unforeseeable, serious and no fault of ours: Official orders, the failure of communication networks or gateways of other operators as well as disruptions in the area of other telecommunications or service providers are also considered comparable events. The parties shall notify each other of such circumstances without undue delay.
3. Liability due to force majeure, in particular for strike, riot, fire, flood, terror and other natural disasters as well as circumstances for which we are not responsible, such as power failures and interruption or destruction of data-carrying lines and circumstances of the previous item 2 is excluded.
4. Reimbursement of fees in the event of service failures due to a disruption outside of 404MEDIA's area of responsibility is excluded.
XIV. DATA SECURITY, DATA SECURITY, DELETION AND BACKUPS
1. 404MEDIA uses some of the most modern technologies for the implementation of the CATAMA application that are available today with regard to Internet security. If you access our website with the compatible client (Chrome or Firefox) designated by 404MEDIA, Secure Socket Layer (SSL) technology protects your information using server authentication and 256-bit data encryption. This ensures that your data is secure and is only available to the users/users you have registered. So competitors cannot access your data.
2. Your data is backed up daily in a file-based backup. Throughout the lifecycle of customer data (database, file folder, file backup), one customer's data is clearly separated from other customers' data.
3. Users of the free CATAMA Basic Suite as well as the chargeable CATAMA Smart, Professional and Enterprise Suites have the option of having their instances irretrievably deleted at any time by sending an email to support@catama-software.de. In addition, CATAMA Basic instances and their databases are automatically deleted for security reasons if users do not log in to them more than 30 days
XV. PRIVACY
1. The transmission of data to 404MEDIA in the context of or on the occasion of use is at the risk of the customer.
2. Both contractual partners will observe the applicable data protection regulations, in particular those valid in Germany, and oblige their employees employed in connection with the contract to data secrecy in accordance with § 5 BDSG, unless they are already generally obligated to do so. Further statutory and professional secrecy and confidentiality obligations remain unaffected.
3. If the customer collects, processes or uses personal data himself or through 404MEDIA, the customer is responsible for ensuring that he is entitled to do so in accordance with the applicable provisions, in particular data protection regulations, and indemnifies the provider from third-party claims in the event of a violation.
If the data to be processed is personal data (§ 3 Para. 1 BDSG), there is an order data processing by 404MEDIA.
404MEDIA will observe the customer's instructions, in particular regarding compliance with deletion and blocking obligations. The instructions must be communicated in writing in good time. The customer has the option of concluding a written agreement on commissioned data processing. Both contractual partners will observe the provisions that apply to order data processing and the data center and will take the necessary technical and organizational measures to protect personal data within the meaning of the Federal Data Protection Act, in particular in accordance with the annex to Section 9 BDSG.
4. If you collect, process or use personal data yourself or by means of the CATAMA services, you are responsible for ensuring that you are entitled to do so according to the applicable data protection regulations in particular and, in the event of a violation, provide 404MEDIA with all third-party claims including reasonable costs Legal defense free.
5. In relation to 404MEDIA, you alone remain master of the data (§ 11 Federal Data Protection Act "BDSG").
You remain solely entitled to the power of disposal and the ownership of all customer-specific data (input/output data, processed data, stored data). Not 404MEDIA, but you alone are responsible for the correctness, accuracy, quality, integrity, legality, reliability, suitability and compliance with all industrial property rights in connection with all data transmitted to CATAMA or 404MEDIA.
404MEDIA is not liable for deletions, corrections, destruction, damage, loss or failure to save your data for which you are responsible. 404MEDIA does not carry out any checks on the data and content stored by you. 404MEDIA is only entitled to process and/or use your data according to your instructions and within the framework of the execution of the contract. 404MEDIA is prohibited from making your data accessible to third parties in any way without your prior written consent. However, 404MEDIA is entitled to process and use your data within the scope of what is permissible under data protection law during the validity of this contract.
6. You are generally not entitled to request access to the premises and the data center of 404MEDIA. Excluded from this are the access rights of your data protection officer after written registration to check compliance with the requirements according to § 9 BDSG as well as the other legal and contractual handling of 404MEDIA with personal data within the scope of the execution of the contract.
7. You are hereby informed in accordance with § 33 Paragraph 1 of the BDGS and § 13 Paragraph 1 of the Telemedia Act (TMG) and equivalent legal regulations that 404MEDIA will process your participant data in machine-readable form and for tasks arising from the contract, machine processed. If 404MEDIA uses third parties to provide the services offered, 404MEDIA is entitled to pass on the participant data if this is necessary to ensure proper operation within the scope of the purpose of the contract.
8. You can find out more about data protection and the data protection guidelines of 404MEDIA at www.catama-software.de.
XVI FINAL PROVISIONS
1. The assignment of rights and claims from the contract, unless expressly permitted, is only permitted with the prior written consent of 404MEDIA. However, 404MEDIA is entitled to transfer the entire contract to companies affiliated with it.
2. The Terms of Contract constitute the entire agreement between you and 404MEDIA and govern your use of the Products. However, this does not apply to services that 404MEDIA provides to you as part of a separate written agreement. The contractual conditions replace all previous agreements in their entirety.
3. Failure to exercise or enforce any right or remedy granted under the Terms of Contract or to which 404MEDIA is entitled under applicable law shall not be construed as a formal waiver of 404MEDIA's rights - rather, 404MEDIA the rights continue to.
4. Should individual provisions be or become invalid in whole or in part, this does not affect the validity of the remaining clauses. The contractual partners are obliged to replace the ineffective clause with a valid regulation that is equivalent in economic success, provided that this does not lead to a significant change in the content of the contract. The same applies to any gaps in the contract.
XX Information for consumers on out-of-court dispute resolution
1. Obligation to inform according to the ODR regulation (Art. 14 Para. 1 ODR-VO)
Link to the platform of the EU Commission for online dispute resolution: http://ec.europa.eu/consumers/odr
Our e-mail address is: info@catama-software.de
2. Obligation to notify under the Consumer Dispute Settlement Act (§ 36 VSBG) We are not obliged and generally not willing to participate in a dispute settlement procedure before a consumer arbitration board.
