General Terms and Conditions of Business

1. Validity of the General Terms and Conditions

The provider:
Timebutler GmbH
Attilastraße 18
12529 Schönefeld
Germany

(hereinafter referred to as “Provider”) offers the following services:

Use of the Software provided via the Internet at timebutler.com (hereinafter referred to as “Portal”).
Use of the Portal Software not via timebutler.com but by installing and operating the Software on an internal server at the Customer’s site.
Individual consulting services, implementation of change requests to the Software, and delivery of updates.

These general terms and conditions apply to all business relationships between the Provider and the Customers and users of the Portal.

2. Description of the Portal

(1) The Portal provides functionalities for entering, managing, evaluating, and tracking vacation and absence entries of one or more users. The Provider may expand, modify, or reduce the scope of functions at its sole discretion.

(2) The Provider guarantees the compatibility of the Software with other programs or the operating systems and hardware of a Customer who installs the Software on their own server only to the extent that the Provider expressly states these guarantees. The Provider will be happy to answer Customer inquiries regarding compatibility.

(3) The Portal can be accessed and used using various devices, such as desktop computers, laptops, tablet computers, and smartphones, and is optimised for display on various platforms, display sizes, and screen resolutions with various browsers. Due to the variety of devices and their attributes, it is technically impossible to guarantee the smooth functionality of the Software, or parts of it, or individual functions thereof, on all devices.

3. Obligations of the Customer and User of the Portal

(1) The Customer and user shall keep their personal access password and username confidential and protect them from access by third parties. The Customer and user of the Portal shall bear the costs resulting from any failure to comply with or breach of their obligations and shall indemnify the Provider against any costs and claims from third parties resulting from such failure to comply with or breach.

(2) The Customer and user of the Portal is obliged to provide his data truthfully, in particular regarding his billing address, his contact information and the payment terms.

(3) The Customer and user of the Portal are not permitted to use the Portal in any manner other than that intended. The use of technical aids or measures that impair the Portal or parts thereof or render it unusable is prohibited. Attempts to obtain, modify, delete, or add data of third-party users by manipulating the Portal or using it in a manner other than that intended are prohibited.

(4) The Portal provides the Customer with several options for downloading the entered data to the Customer’s computer system and thus creating backup copies of the data. The Customer regularly uses these functions to create backup copies of their data on their computer system and, in the unlikely event of data loss on the Portal server, to be able to access the data from their backup copy and re-enter the data into the Portal free of charge.

(5) Except within the scope of a right of use explicitly granted by the Provider, programs and databases may not be translated or converted from object code into source code without the prior written consent of the Provider.

(6) The Portal offers the Customer a variety of options to learn about the Portal’s features and capabilities before deciding to enter into a business relationship. The Customer can take advantage of a free trial period of several weeks or a live demo with sample users and data. Before entering into a business relationship with the Provider, the Customer must ensure the suitability of the Software for their purposes.

(7) If the Customer becomes aware of errors or alleged errors, problems or deficiencies in the Portal, the Customer shall immediately inform the Provider and provide free and reasonable assistance in documenting the defect or error and in troubleshooting, and shall provide the Provider with the information necessary for this purpose.

4. Data Security and Data Protection

(1) The Provider ensures that communication between the browser and the Portal takes place via an SSL-certified connection. Attempts to establish communication via a connection not secured by an SSL certificate shall be acknowledged by the Portal with a so-called redirect to the SSL-secured connection. The Provider is responsible for providing and updating the SSL certificate.

(2) Outside the area of responsibility of the Provider and the Provider’s vicarious agents, the Provider shall not be liable for faulty or incomplete transmission of data on the Internet due to faulty functioning of Internet Software, browsers, or the Internet infrastructure.

(3) The provider performs regular data backups on the Portal’s servers. In the unlikely event of a total failure of the Portal, data from one or more days may be lost under unfavourable circumstances. In this case, the Provider will restore the most recent available backup.

(4) The Provider will not pass on any Customer data to third parties and undertakes not to pass on any Customer data to third parties even after the end of the contract.

(5) The Provider takes data protection seriously and always strives to collect and use all personal data in compliance with applicable data protection laws. The Provider offers a contract for order processing and recommends that Customers conclude such a contract. The use of this contract is at the Customer’s discretion. The Provider provides the contract free of charge but reserves the right to charge a reasonable processing fee to compensate for the costs incurred in concluding the contract.

5. Liability of the Provider in Case of Defects in the Portal

(1) If the Customer or user becomes aware of any defects in the Portal, they must report them to the Provider immediately. The contact form on the Portal can be used for this purpose.

(2) The Provider may, at its sole discretion, remedy the defects by repair or replacement. The Provider may also provide the user with instructions on how to remedy the defect using a communication medium of its own choosing.

(3) The Provider is entitled to invoice the costs of analyzing, processing and remedying the reported defect, provided that a corresponding agreement has been made with the user or Customer beforehand.

(4) Except in cases of intent and gross negligence and in the case of an explicit guarantee by the Provider, the Provider shall not be liable for indirect damages, such as additional expenses, lost profits, or missed savings.

(5) Strict liability for defects that already exist at the time of conclusion of the contract is expressly excluded.

(6) Liability under the Product Liability Act remains unaffected.

6. Liability of the Provider for Damages

(1) Regardless of the legal basis, the Provider is only liable for damages in cases of intent and gross negligence. In cases of simple negligence, the Provider is only liable for damages resulting from injury to life, body, or health.

(2) To the extent that liability towards the Provider is excluded or limited, this shall also apply with regard to the personal liability for damages of the Provider’s employees, staff, representatives, and vicarious agents.

(3) The limitations of liability arising from paragraphs 1 and 2 shall not apply in the event that the Provider has fraudulently concealed a defect.

(4) The European Commission provides a platform for online dispute resolution, which can be accessed via the following link: https://webgate.ec.europa.eu/odr/

7. Terms of Payment

(1) All prices and cost estimates are net amounts plus statutory VAT, unless clearly stated otherwise.

(2) The Provider offers various payment methods and cooperates with an established Internet payment service Provider for some of these payment methods. The Provider reserves the right not to offer certain payment methods depending on the Customer’s billing address or company headquarters. The Customer will be automatically offered the payment methods available to them individually through the Portal, and the payment methods not available will not be offered.

(3) The possible payment methods include various payment methods such as prepaid payment (payment in advance) and SEPA direct debit mandate.

(4) In the case of prepaid payment, the Customer can choose between different periods for which further use of the Portal will subsequently be activated. Activation will only occur after the order has been completed and the full invoice amount has been paid. Cancellation of all or part of the purchased period is not possible retroactively, and refunds or partial refunds will not be granted. The Customer is free to use the Portal for the entire purchased period of use or not to use it.

(5) If a SEPA direct debit mandate is issued, the monthly fee will be debited from the Customer’s account. The Customer authorises the Provider to collect the agreed fees using the SEPA core direct debit procedure. The collection dates for the first direct debit and also for recurring direct debits will be communicated to the Customer on the Portal when the SEPA direct debit mandate is issued. The Customer can obtain information about the collection date of the next direct debit at any time on the Portal, even after issuing the SEPA direct debit mandate. The Customer releases the Provider from the obligation to additionally send a separate pre-notification for each direct debit.

(6) For each unauthorised return debit from an issued SEPA direct debit mandate and each non-executed direct debit due to insufficient funds in the Customer’s bank account or incorrect account details, the Provider is entitled to charge a processing fee of EUR 15 and to make further use of the Portal dependent on payment of the processing fee. The authorization of the SEPA direct debit mandate also extends to the Provider’s processing fees for unauthorised return debits.

(7) In the event of late payment or an unauthorised return debit from an issued SEPA direct debit mandate, the Provider is entitled to block the Customer’s access to the Portal. Unblocking may be subject to payment of a processing fee of €20.

(8) The Customer may only offset claims made by the Provider with legally established or undisputed counterclaims. The Customer may only assert a right to refuse performance or to withhold payment based on legally established or undisputed counterclaims.

8. Termination

(1) When paying by SEPA direct debit, the Customer can choose the number of months for the billing period. They can terminate the contract at any time, effective at the end of the current billing period. The direct debit for the billing period in which the cancellation was issued is deemed authorised and will be executed. No further direct debits will be processed after the billing period in which the cancellation was executed. The Customer can view and terminate the contract at any time in their personal user account. Written termination to the Provider’s address is also possible.

(2) For prepaid payments, termination is not necessary, as the usage period ends automatically after the purchased usage period expires, and the Customer will not incur any further costs without repurchasing a new usage extension. A refund of amounts already paid for a purchased usage period is not possible, either in full or in proportion to the unused but already paid usage period.

9. Subject of the Contract

(1) The subject matter of the contract is a time-limited, non-exclusive right of use to the Portal.

(2) The Portal is operated on a server of the Provider or on a server of a hosting service Provider commissioned by the Provider. As a rule, the Portal is available 24 hours a day, 7 days a week.

The Provider guarantees an average availability of 97% of the Portal per year during normal office hours between 8:00 a.m. and 6:00 p.m. Central European Time, taking Central European Summer Time into account. Unless there are urgent reasons to the contrary, the Provider will postpone maintenance work on the server and work to install Software updates to times outside of the stated normal office hours. Periods during which the Portal is unavailable for reasons beyond the Provider’s control are not to be taken into account when calculating the 97% quota in accordance with this section. This includes but is not limited to, outages due to the fault of the hosting service provider commissioned to operate the server.

(3) The Provider reserves the right to modify, expand, or discontinue the Portal and its content, structure, design, and functionality at its sole discretion. In doing so, the Provider aims to improve the offering for the majority of Customers and ensure the product’s competitiveness. The Customer can inform themselves about innovations and changes on the Portal at any time and will only be informed by the Provider in the event of extensive adjustments that change the nature of the Software.

(4) The Customer is not entitled to make the Software available to third parties for use, whether for a fee or free of charge.

(5) Individual consulting services, delivery of updates, implementation of Software change requests, end-Customer, 1st, 2nd, and 3rd level support, and training are not subject to this contract. However, these services may be separately concluded in separate agreements or contracts.

10. Remuneration and Invoices

(1) Upon issuing a SEPA direct debit mandate, the Software is used at the agreed monthly fee. The Customer can choose the number of months for the billing period. Billing periods that have already begun must be paid in full. Upon purchasing a usage extension for a specific period using a prepaid payment method, the usage period will be activated after the order has been completed and the invoice amount has been received in full.

(2) The Provider shall have the right to adjust the fee, provided this is reasonable for the Customer and the contractual balance between the parties is maintained. The Provider shall notify the Customer at least two months before the adjustment takes effect.

(3) The Provider will provide the Customer with a separate electronic invoice for each billing period. The Customer agrees to receive the invoice exclusively electronically via download in their personal Customer area. The invoice will not be sent by post.

11. Contract Term

(1) The contractual relationship begins on the day on which the Customer creates the first user account on the Portal.

(2) The Customer and the Provider may terminate the contractual relationship in writing without stating reasons, effective at the end of a calendar month. The Provider is obligated to observe a notice period of two months to the end of the month; however, the Customer may terminate at any time, effective at the end of the month. A corresponding function is available in the personal area of the Portal for termination by the Customer, which the Customer can use as an alternative to written termination.

(3) The right to terminate the contract without notice for good cause remains unaffected. Good cause exists, in particular, in the event of serious or repeated breaches of the contractual provisions or the impracticability of the contract.

(4) The Customer is obligated to create and store a copy of their data from the Portal using the functions provided for this purpose in order to prevent data loss after the end of the contract term. After the end of the contract term, the Provider is entitled to irrevocably delete all of the Customer’s data. The Portal offers the Customer the option of deleting all user accounts and all associated data independently without the intervention of the Provider. After the end of the contract term, the Customer must make use of this option to delete all of their data from the Portal. Alternatively, they can instruct the Provider to carry out the deletion. Due to the Customer’s ability to take independent action and because a Customer can suspend use for a period of time and then resume use, the Provider will only delete data upon the Customer’s instruction.

12. Defense Clause

These terms and conditions apply exclusively. Any terms and conditions of the Customer or user that deviate from or conflict with these terms and conditions will not be recognised by the Provider unless the Provider expressly agrees to their validity in writing. These terms and conditions also apply if the Provider provides the service to the Customer without reservation despite being aware of the Customer’s terms and conditions that deviate from or conflict with these terms and conditions.

13. Amendment of the Terms and Conditions and the Contract in General

The Provider reserves the right to amend these General Terms and Conditions. The Customer will be notified of any changes electronically or in writing. The amended version of the General Terms and Conditions will become part of the contract if the Customer does not object electronically or in writing within four weeks. The Customer will be informed of the legal consequences of their silence with the notification pursuant to sentence 2.

14. Applicable Law and Place of Jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The law of the Federal Republic of Germany applies. The exclusive place of jurisdiction is Schönefeld, Germany. For non-merchants, this agreement applies only in the absence of a domestic place of jurisdiction.

15. Severability Clause

Should any provision of this contract be invalid or incomplete, the legal validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that most closely approximates the meaning and purpose of the invalid provision in a legally effective and economical manner. The same applies to any gaps in the contract.