Terms and Conditions of
Alzinger & Vogel Softwareentwicklungs GmbH
for the internet-based service
Woodpecker Issue Tracker
1. In general
1.1. The Alzinger & Vogel Softwareentwicklungs GmbH (the "AVS") puts the service Woodpecker Issue Tracker via internet at its contract partner's (the "clients") disposal, exclusively on following conditions. These terms and conditions (the "Terms and Conditions") are effective for all services AVS will produce for its clients in the future.
1.2. The client agrees to inform all persons he/she grants access to Woodpecker Issue Tracker of AVS about the Terms and Conditions and the regulations of the data protection act.
2. Scope of service
2.1. The scope of service and remunerations are determined by the service description that is effective after concluding the contract on the homepage www.woodpecker-it.com
2.2. The number of access passwords is specified in the contract. AVS grants the specified number of access passwords to the clients.
2.3. The client is authorized to create, according to the contract, new access passwords and to add additional access passwords to the valid conditions of the contract.
2.4. AVS is authorized to change or supplement the supply of services, as long as the content of the contract is not considerably affected.
3.1. The remunerations amount according to the number of access passwords specified in the contract.
3.2. AVS reserves the right to alter the remunerations at equitable discretion. The client will be informed about altered remunerations at least 30 days befor the alteration comes into effect. The information will be sent to the e-mail address that was stated by the client at the registration. The client is authorized to cancel the contract until one week before the alteration comes into effect for the effective date.
3.3. At each payment, the client receives an electronic invoice. For an addittional charge, invoices via mail are possible. Objections to an invoice must be asserted within three weeks after the invoice was received by the client. Otherwise, the invoice is accepted as acknowledged.
3.4. The payments of the remunerations are usually effected by direct debit. For that purpose, the client sets up a revocable direct debit for AVS on a valid account. The direct debit instruction is also valid for belated and variable remunerations and for new account details stated by the client. The monthly remuneration is due at the first day of the respective following month. One-off remunerations and variable remunerations for further services are due after the supply of the service. In case of handling of payment other than direct debit system, AVS is authorized to charge an administrative fee because of higher administration effort.
3.5. The client agrees to remunerate all services that are received over his/her access password or access passwords the client grants to others. This does not come into effect if the utilization is not represented by the client. In this case the client carries the burden of proof.
3.6. If the client comes in default with a considerable portion of the claims of AVS for two successive months, AVS is authorized to cancel the contractional relationship on the basis of important reasons without notice.
3.7. The client can charge up against claims of AVS only by indisputable or legally valid counterclaims.
4.1. The client and AVS are authorized to cancel the contractual relationship informally for the end of a month with a period stipulated of one month .
4.2. The client and AVS are free to cancel without notice in case of important reasons. Important reasons particularily occur if the stipulations are violated profoundly or continuously or in case of impracticability of the contract. In case of a cancelation on the basis of important reasons, AVS is authorized to terminate the access to the services immediately.
5.1. AVS is liable for intent and gross negligence, for slight negligence only in case of violations of contractual duties. The extent of claims for compensation are limited to the extent of predictable losses. AVS is not liable for software and infrastructure that is used by the client or a third party, especially internet operating agencies. In case of malfunction or errors of technical equipment, the liability is limited to a free of charge repetition of the service.
5.2. AVS is not liable for data leakage; discontinued data transfer or other errors caused by technically involved malfunctions.
5.3. The client is aware of the fact, that it can not be ruled out, that participants of the communication process via internet gain unauthorized access to data that is in state of transmission. The client accepts this risk. AVS is not liable for unauthorized access gained by these means.
5.4. AVS does not give a guarantee that the service meets the requests and purposes of the client and that the service is compatible to other programs chosen by the client.
6. Data protection
6.1. Data is only collected and stored if it serves the purpose of supplying the services. According to Â§ 33 BDSG is mentioned, that business-relevant data is stored automatically for the purpose of processing. To make the operation of the service secure, to monitor the server and protect it from unauthorized utilization, log files are created, stored and evaluated.
6.2. AVS collects statistical data about the utilization of the services. These are stored anonymously and do not allow any conclusions to be drawn about individual persons.
6.3. AVS is not obliged to monitor the service or its utilization by a user. AVS is authorized to monitor, check, save and/or hand out information if this is necessary for fulfilment of statutory provisions.
6.4. The client agrees with the electronic storage of data as described above.
7. Data security
7.1. The servers of AVS are backed up regularly. In case of an improbable total breakdown of the services, data of one day, under unfavorable circumstances, can be lost. In case of data leakage, AVS provides the last available backup with data of the day before the data leakage, within two workdays.
7.2. If AVS offers cryptographically secured services, the client is obliged to use these services only if that does not violate any acts applied to the client. AVS is not liable for the encoding software used by the client.
8. Availability, maintenance, service
8.1. Normally the services are available 24 hours a day and 7 days of the week. Because of technical reasons, a 100% availability of data and services can not be guaranteed. AVS does not guarantee uninterrupted availabiliy of services and data.
8.2. The servers are put under update and maintenance work at irregular intervals. If possible, this work is done out of normal working hours.
8.3. AVS is no assistant for fulfillments of legal custody duties that concern the client.
9.1. The client agrees to indemnify and hold harmless AVS from and against any claims of a third party, resulting from a breach of the Terms and Conditions on part of the client.
9.2. The client bears the exclusive responsibility for the legitimacy of data fed in by the client. AVS does not take on any duty of inspection.
10. Supplemental terms
10.1. AVS provides its sevices professionally. AVS is authorized to provide its services by other companies.
10.2. AVS reserves the right to alter the Terms and Conditions, as long the alteration is reasonable for the client. The client is informed about the alteration via e-mail at least 30 days before the effective date. The e-mail is sent to the e-mail address stated by the client in the registration. If the alterations cause a disadvantage for the client, the client is authorized to cancel the contractual relationship within 14 days after the notification of alteration was received, without notice.
10.3. Alteration of contract, supplements and subsidiary agreements need to be confirmed by AVS via e-mail, fax or letter to come into effect.
10.4. The contract is subject to the german right. If the client is a merchant entered as such in the commercial register, a public corporate body or a separate estate under public law, the exclusive place of jurisdiction is Nuremberg. This also takes effect for non-traders in case of default of a domestic place of jurisdiction.
10.5. If a stipulation of the contract is or becomes inoperative or the contract is incomplete, the rest of the contract's content is not affected. The inoperative stipulation is substituted for a sipulation that comes, legally effective, economically closest to the whole purpose of the inoperative stipulation. This, identically, comes into effect in case of any gaps of the contract.