These General Terms and Conditions apply to the use of the Punctus Greenkeeping Software (hereinafter referred to as “Software”, “Online Software” and “Offline Software”). “Software” includes both ‘offline software’ and ‘online software’. They apply between the ordering golf club, company or other legal entity (hereinafter referred to as “User”) and Punctus Greenkeeping GmbH (hereinafter referred to as “Provider”).
This agreement has a term of 12 months from the conclusion of the contract and is automatically renewed annually at the end of the term for a further 12 months. The user may terminate the contract at any renewal date by sending the provider a corresponding declaration by e-mail or letter at least 90 calendar days before the contract is renewed. The user will not receive a pro-rata refund if they no longer wish to use the software at any time during the 12 month contract period. A contract can be concluded both verbally and in writing based on the offer information in these General Terms and Conditions. The provider confirms verbal agreements in writing. The agreement is deemed to be in writing unless a written objection is received within five working days (by letter or e-mail). A contract confirmed in writing cannot be canceled and is valid for the entire first year.
The Provider reserves the right to change the terms and conditions under which the Software is licensed to the User. The Provider shall inform the User of any proposed changes by e-mail (either to the User's central company e-mail address or to the address stored in the contact details provided to the Provider). From this point in time, the user has 14 calendar days to respond. Replies must be sent by letter or e-mail. If the changes are not accepted, the contract shall continue until the end of the term specified in clause 2 and shall then end. If the provider does not receive a response within the aforementioned period, the changes shall come into force.
The provider grants the user a non-exclusive and non-transferable right to use the software solely for the user's business purposes during the twelve-month term of the contract. This right is non-transferable and can only be exercised by the user. The Provider grants the User a license to use both the online version of the Software (“Online Software”) and the offline version of the Software (“Offline Software”). The user is permitted to carry out multiple installations of the offline software and to access the online software from different computers. In any case, the Provider remains the owner of the Software, all related products and any associated intellectual property rights. The User shall have no rights to the Software other than those granted to the User in this Agreement.
The User shall pay an annual fee as set out in the Offer Letter. The annual fee is due periodically before the Software License becomes effective. The Provider reserves the right to amend the annual fee in accordance with clause 3. If the User is more than 30 calendar days in arrears with payment, the Provider reserves the right, at its sole discretion, to charge the User a fee of EUR 20.00 (if the contract was concluded in EUR). If the User refuses to pay, the Provider may use the services of a debt collection agency to enforce its claim.
The Provider may transfer the right to issue invoices and receive the annual usage fees to affiliated companies or third parties. In particular, if the user is located in a country in which the provider has a branch or representative, the provider may transfer this right to the local branch or representative.
The European reverse charge procedure for VAT is applied whenever it applies. The supplier shall comply with all applicable laws that apply with regard to VAT at the time of invoicing. For a contract concluded in EUR, in the event of a collapse of the Eurozone, the currency used in Germany shall take effect as the contract and invoice currency, even for invoices unpaid at the time of the currency change. The official exchange rate used to convert contracts in Germany at the time of the currency exchange shall apply.
The user is prohibited from allowing third parties who are not employees or agents of the user to use the software under his license for any purpose whatsoever. Furthermore, the user is prohibited from selling the software, giving it away or granting a sublicense. The user is not entitled to copy, adapt, reconstruct, decompile, disassemble, modify or make bug fixes to any part of the software without the permission of the provider.
The comprehensive relationship between the User and the Provider with regard to the use of data is set out in the Provider's privacy policy. In accordance with clauses 7 and 8, the User is fully responsible for all data entered or stored in the Software. The Provider has the right to disclose the User's data to any collection agencies whose services the User uses in accordance with clause 4. The Provider will not make any User Data or information entered into the Software available to third parties, except in cases covered by these Terms and Conditions or the Provider's Privacy Policy. The Provider shall not sell any user data to third parties.
The User remains the owner of all data entered in the Software, but grants the Provider the right to use this data in anonymized form for analysis purposes and for the creation of reports and improvements to the Software. The results of these analyses, reports and software improvements remain the sole property of the Provider.
The provider uses cookies to save the user's settings. The software registers and stores in the user's database the IP address, the e-mail address used for logging in and the date and time of logging into the online software.
The software is provided to the user “as is” and without guarantees of any kind. In particular, the provider does not guarantee uninterrupted or error-free use of the software, which may also contain bugs or errors. The User accepts its responsibility for the selection of the Software as a means to achieve the desired results and acknowledges that the Software has not been developed to meet its individual requirements.
All other conditions, warranties or other terms which might operate between the parties or be incorporated or implied into this license or any accompanying agreement, whether by statute, common law or otherwise, are hereby excluded, including all implied conditions, warranties and other terms as to satisfactory quality, fitness for a particular purpose or the use of reasonable care and skill
In no event shall the Provider be liable for any loss or damage suffered by the User (or any other person claiming on behalf of or through the User), whether direct or indirect, consequential or incidental, whether in contract, tort (including negligence) or otherwise, which falls into any of the following categories: (i) special damages, even though the Provider was aware of the circumstances in which such special damages might arise; (ii) loss of profits; (iii) loss of anticipated savings; (iv) loss of business opportunity; (v) loss of goodwill; (vi) loss or corruption of data. In particular, the Provider shall not be liable for damage to any part of the golf course, stadium or premises where the Software is used, for any damage to tools and machinery or for any damage caused by miscalculation of working hours, vacations or sick days and consequent incorrect payments. The total liability of the Provider, whether in contract, tort (including negligence) or otherwise, shall in no event exceed an amount equal to the annual usage fee.
The Provider and the User may from time to time determine to use the services of a third party provider, such as TeamViewer, to establish a remote access connection to the User's computer and, for example, to assist with the installation, operation or troubleshooting of the Software. The user agrees that the provider cannot be held liable in any way for any damage resulting from the use of these third-party software solutions. The use of such software is at the User's own risk, and the User expressly agrees to read the terms and conditions, privacy policy and other legal documents provided with the respective third-party software before using such software.
The official languages of this agreement are German and English. The contractual relationship shall be governed by German law. In the event of a dispute, the Provider and the User agree to submit this dispute to the jurisdiction of German courts. The place of jurisdiction is Düsseldorf.
If any provision or part of this Agreement is held to be invalid, illegal or unenforceable, that part shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such amendment is not possible, the affected provision or part-provision shall be deemed deleted. Any amendment or removal of a provision or part-provision under this clause shall not affect the validity and enforceability of the remainder of the contract.
Punctus Greenkeeping GmbH
Kohlenstr. 36
44795 Bochum
Germany
Commercial register: HRB 21713
Register court: Local court Bochum
E-mail address: support@punctus.com
Telephone: 0151 70 31 26 61