Terms

1. Subject of the contract
   1. Subject of the contract is usually left to the software the ESS non-exclusive, non-transmissible use over a data network and services within its scope of products selected by the customer.
   2. The scope is clear from the time of ordering any applicable product description.
2. Use of the software
   1. JQ Consulting room temperature the customer to use the money required SUBJECT simple, non-exclusive and not transmissible rights to use the Software.
   2. JQ Consulting Unless the foreign customer, ie, software designed by third parties überlässt for use by the customer eingeräumten the extent of use are for the limited use rights, which has the third eingeräumt JQ Consulting. In this case, JQ Consulting is committed to the customer to disclose the extent of it by the third party eingeräumten rights.
   3. JQ Consulting is committed to take all the technical arrangements that are necessary in order for a Two Year Warranty Verfügbarkeitslevel of at least 97/100 (ninety-seven of hundred).
   4. The licensee is entitled to use the software for each license agreement to Fur a user. Additionally, the licensee is entitled to create backup copies of data backups and customary in reasonable numbers.
   5. Any use over the contracted level internationally, particularly the simultaneous use of the software on more than the agreed number of workplace is a breach of contract action. In this case, the licensee must notify the Licensor immediately seen Übernutzung. For every case of violation, the licensee pays the licensor to the exclusion of continuing relationship of a penalty of 5,000, - €.
3. Maintenance of the software and the data network connection
   1. JQ Consulting is continually Funktionstüchtigkeit the lifeguard on the software and software errors, they shall be reported to him and he unrecoverable be removed within a reasonable time.
   2. Whether an error is determined by the product description.
   3. A flaw exists in particular if the software is not fulfilled in a reproducible manner specified in the product features, provides incorrect results, the run stops uncontrolled or otherwise not functionally working, so that the use of the software impossible or restricted.
4. Data Hosting
   1. Termination of the contract within ten days thereafter, request that he be sent to its data in the form of a file. This request is to be presented in written form JQ Consulting. The customer has no right to even get to use the data to the appropriate software.
   2. The Client is expressly noted that it übergebenen data therefore under circumstances of him not further processed or not used in full-function can be.
   3. JQ Consulting is committed to take appropriate precautions against data loss in computers crash and to prevent unauthorized third parties access to such data, takes over no liability for the stored data with Him. To this end, JQ Consulting will make regularly backups.
5. Interruption or encroachment of accessibility
   1. Independently of its obligation under 2.3 of this contract can measures aimed at the identification and correction of Funktionsstörungen, drove to a transient interruption or encroachment of accessibility, which is not according to the availability 2.3. be counted. These interruptions or impairments are of accessibility are limitations to a maximum of 24 hours per month, and only in time of 18 bis 6 clock the following day. For this time of the interruption or encroachment of accessibility, the customer is not entitled to his remuneration Thank you for shopping.
6. Vergütung, billing, Zahlungsmodalität
   1. The contract is legally valid by paying the first monthly royalties.
   2. JQ Consulting is entitled to compensation commensurate to GPS mounts for the services offered by him in accordance with its terms.
   3. The royalties are for the respective month of use in advance becomes due and is payable monthly
   4. If the royalties is currently not in full on the 25th use of the past month to the account of JQ Consulting booked, only so many licenses will be enabled, as have been paid, a minimum license.
   5. Fü a subsequent activation of additional licenses for the current month JQ Consulting collects a fee of 120, - €.
   6. The royalties depends on the current prices on the ESS web page under the heading: Licensing.
   7. The royalties from the date the license is for one year binding.
   8. After this period, reserve JQ Consulting, increase cleavage rates or lower.
   9. In the event of a price increasing by more than 5 percent, it is up to the customer, knowledgeable about the contract immediately. Has the new royalties once paid the price increasing prices or by the customer shall be deemed accepted.
   10. Monthly royalties are payable only you can transfer to the specified account under 6.11. In the subject line, the customer number and user name are given.
   11. Bank connection:
       Deutsche Bank
       JNet Quality Consulting GmbH
       Bank code: 700 700 24
       Account number: 851 59 42
7. Duty of care
   1. The customer is obliged to prevent the unauthorized access of third parties to the software by making appropriate arrangements. To this end, the customer, if necessary, advise his employees to comply with copyright law. In particular, the customer will ask his staff, make no multiplication of unauthorized software.
   2. The client obtains for the use of the software from JQ Consulting a username and password.
   3. The customer has to take into Darfur concern that this data be used or not accessible.
   4. JQ Consulting is not liable for damage caused by the unsachgemäße handling of the customer username and password.
8. Use by third parties, prohibition of subletting
   1. The customer is not entitled to third party software SUBJECT provide for the use of charge. A SUBJECT subletting the software is not permitted to the client expression. The Customer undertakes to define its potential contractual relationships with third parties so that a free use of the software SUBJECT excluded.
9. Copying and copyright
   1. The customer must SUBJECT software not vervielfältigen which, the only transient installing or storing the software on data carriers (hard disks or the like.) By the client hardware used and the further copy, to which the expression of the program code and user manual pay, are the customer is not allowed.
10. Revision of the software
    1. The customer may not make any changes to the software. The usually left to decompile the software is not permissible.
11. Use of the HTML template
    1. The software is by default equipped with web templates, which is used for the generation of the Internet presence.
    2. The customer has the right to create a custom template and use. Use as template must ship the standard Web Template.
    3. JQ Consulting non ensuring the functioning of the software, if stored by the client HTML lines properly.
    4. JQ Consulting is entitled to the website of the customers in a prominent position (to win Imressum preferably) for its software in the form of a Left and a picture. Whether it is the standard Web template or a template created by the customer.
    5. JQ Consulting reserve the right to self-defined templates, HTML Templates to überprüfen Web and, where appropriate, infringement under the 11th established rules to accept and to give not free.
12. Two Year Warranty
    1. JQ Consulting is required to correct the lack of agreed services within a reasonable time.
    2. JQ Consulting is not liable for the functional capability of the data lines to its server, even during a power failure and failure of servers that are not in his area of the JQ Consulting takes no liability whatsoever.
    3. JQ Consulting for the content that provides the customer, not responsible. In particular, the JQ Consulting not required to überprüfen to the sections on possible infringement. If third parties take JQ Consulting because of possible infringement claim arising from the contents of the customer, the customer agrees, the JQ Consulting hold harmless and indemnify and JQ Consulting to replace the costs which he incurs because of the possible violation.
    4. JQ Consulting is responsible only for gross negligence and blatant negligence, the limitation of liability also applies in case of fault of a Erfüllungsgehilfen JQ Consulting.
    5. The customer's review of the data generated by the software (eg invoices, auction data) itself.
    6. JQ Consulting are not responsible for bugs, which act by the customer or caused by third parties (such as manipulation by users / viruses)
13. Privacy Policy
    1. The data protection laws JQ Consulting and the customer are known. You will comply with the legal provisions of data protection in its current version.
14. Secrecy
    1. The Parties undertake, all about them in the preparation, execution and fulfillment of this contract to note arrived confidential process to preserve particular business or trade secrets confidential and not disclose this or any other kind of exploit. This is true does not make any unauthorized third party, that also does not make unauthorized employees both JQ and consulting of the customer, provided that the disclosure of information to non fulfillment of contractual obligations may duly JQ consulting is required.
15. Duration and denunciation
    1. The contract will be the first payment of royalties in force and is given for each paid the months validity.
    2. The contractual relationship may be denounced at any time for cause. Important reason, particularly those listed in the Terms JQ Consulting.
    3. Giving notice from the Customer, JQ Consulting writing.
    4. The customer is the denunciation of a fall in the proof that the JQ Consulting is knowledgeable in due time.
16. Resolution for good cause
    1. For immediate Vertragsauflösung or service interruption or shutdown JQ Consulting is particularly justified when he went of the contractual relationships attributable to him by the principal or person is made unreasonable. Especially if:
       1. the client violates these Terms or any other material provision of the contract violating
       2. the customer in the contract making incorrect statements
       3. repeatedly violating the customer against the "netiquette" or the generally accepted standards of network usage
       4. the customer in the relationship to other client entities überproportionalen data transfer or the customer service takes übermäßig claim
       5. the rules of "Netiquette" not stop
       6. the customer become due payments despite a warning in writing or electronically, granting a grace period of 14 days is completely or partly in arrears
       7. A customer-court settlement of claims or consulting a fortune JQ compensation, bankruptcy, or a preliminary or general execution opens up about or is authorized or inauguration of such a procedure will cost fortune dismissed for lack of
       8. the execution of delivery or the inception or drove on the power of reason to which the customer has, or impossible, despite setting a reasonable grace period will continue Delayed
       9. the client in relationship to the memory of him claimed or charged a flat rate data network access has überproportionalen.
    2. The choice between on the one hand Vertragsauflösung, mere service interruption or disconnection on the other hand, lies in the discretion JQ Consulting.
    3. For a mere interruption of service when the customer the cost of the resumption of the service - this carries only the customer has replaced, and the reason for the service interruption was removed, made in accordance with the JQ consulting the resumption of power. the lock should be responsible by the customer, this does not relieve him from paying the fees.
    4. JQ Consulting reserves the right to license the long silence as six months are, that have been paid for the licenses or royalties in that period, or an application in the system has occurred in this period, to delete completely and irrevocably.
17. Final provision
    1. It is substantive German law with the exception of collision, reference standards and the CISG. In other respects, the general conditions of the consulting JQ apply in your respective valid version. The contract language is German. Für ail disputes arising out of or in connection with the right business, including the effectiveness of this court agreement agree to the exclusive jurisdiction of the respective parties as objectively court if justice at the headquarters of the consultancies JQ, Munchen.
    2. Ail agreements, supplemental Modifications, supplementations, agreements etc. bedürfen to their validity in writing. Collateral oral promises or agreements do not exist. For the validity of collateral oral explanations of any kind is essential to written confirmation by the JQ Consulting is required. Silence or other Untätigbleiben of JQ consulting may not like Erklärungsinhalt whatsoever, in particular no permission be given.
    3. If provisions of this contract be ineffective, invalid or unenforceable, thus the effectiveness, validity or enforceability of the remaining provisions shall not touched. If this is one of those provisions applies to the economic result comes as close as possible and not ineffective, invalid or unenforceable provision as agreed.
    4. Notice shall be to the customer have been delivered as if they were sent to the last known extra bed or billing address. Communications to the customer are valid also on the electronic means, such as invoices by e-mail. Explanations to the JQ Consulting should be directed to the respective headquarters of the company. Will explain to electronic or other means to the JQ Consulting übersandt, these are only received with actual notice of the adoption as JQ Consulting. The burden of proof lies with the customer access.