AGB (General Terms and Conditions)

General terms and conditions

Contracting party

Based on these general terms and conditions concluded between the customer and:

German Quality Technologies GmbH
Represented by Christian Hettiger
Address: Schornstr. 10
81669 München
Tel: +49.89.23 51 95 28
Fax: +49.89.23 51 95 27
E-mail address: info@www.testmate.de
hereinafter referred as provider,
the contract comes into effect.

Object of agreement

Through this agreement the sale of goods and services from the fields of IT software and IT services via the online pages of the provider is defined. Details of the respective offer product are described on the respective pages on the .

Conclusion of the contract

The contract is concluded by using the providers web-pages  or any other means of communication such as telephone, e-mail or paper-mail. The providers product offers on the web site represent non-binding solicitations that can be selected as a purchasing offer by the customer, which the provider can then accept. The ordering process contains the following steps in the case of ordering through the providers web-pages:

  • Selection of the offer with the required specification (license type, monthly or yearly contract period)
  • Clicking on the initial ‘ORDER’ button
  • Entering of company, billing address, name, email, phone number
  • Confirmation of our data privacy statement and terms and conditions
  • Clicking on the final ‘ORDER’ button
  • Confirmation email that the order has been received and has been accepted

In addition to the web-site process, orders can be placed via other communication means (phone / e-mail / paper-mail). If you wish to do so the following steps are performed:

  • The client retrievs the communication data from the website (contact data / company details)
  • The client provides an order mail / letter / call
  • The provider sends the confirmation email / letter that the order has been received and that the order contract is confirmed.

With the reception of the confirmation mail the contract is concluded.

Contract duration

The contract has recurring / lasting benefits to the subject. The contract is concluded for an indefinite period. The contract has a minimum term. This minimum term is 1 month/1 year (depending on the selected license model). If the customer does not cancel in time, the term of the contract is automatically extended by a further period of 1 month/1 year. Each Party has the right to terminate the contract within a period of 1 month to the end of the minimum contract period without specifying a reason. The right to extraordinary terminate for good cause, in particular the repeated breach of contractual principal obligations remains unaffected. The termination is effective only if it is communicated in the following forms:

  • electronic / e-mail or other written form.

Retention of title

Until full payment the delivered goods remain the property of the provider and the provider can still refrain from delivering the contracted services.

Prices

All prices are net prices and exclude VAT. In addition to the retail prices there are no extra costs.

Terms of payment

The customer has only the following options for payment:

  • Invoice

Other payment methods are not available and will be rejected.
The invoice amount has to be paid after receipt of the invoice, which contains all the information for the transfer. The customer is obligated to deposit within 14 days after receipt of the invoice to pay the amount to the specified account on the bill or to remit. The payment is due from the date of invoice. Upon expiry of that period, which is determined by the calendar, the Customer will be in default without further notice.

Delivery terms

The subject of the contract is the performance of online services or delivery of goods. Services are made available through the activation of ordered accounts. With the transmission of user data (user name and initial password) the delivery is considered delivered

Contractual conditions

The customer has no way of directly accessing the stored text of the contract. The customer can correct errors in the input during the ordering process. To perform this, the following steps can be processed: Back button in the browser or email to: info@www.testmate.de.

Withdrawal and maintainance

For business customers, the rules of distance selling (german “Fernabsatzgesetz”) are not applicable. Therefore, these customers do not have the corresponding right of withdrawal of distance selling contract. The provider does also not offer such a right as well.

Disclaimer

Customer claims for damages or malfunctions are excluded, unless otherwise stated for the following reasons. This also applies to the representatives and agents of the provider, if the customer has an objection to this claim for damages or malfunctions. Excluded are claims for damages of the customer due to injury to life, limb, health or fundamental contractual obligations, which must necessarily be met to achieve the contract’s objectives. Likewise, this does not apply to claims for damages by gross negligence or willful misconduct of the applicant or his legal representative or agent.

Assignment and pledging ban

Claims or rights of the customer against the provider may not be assigned or pledged without its consent, unless the customer has established a legitimate interest in the assignment or pledge.

Language, Jurisdiction and Applicable Law

The contract is drawn up in German. The further implementation of the contractual relationship is done in German. There is only the law of the Federal Republic of Germany. For consumers this applies only insofar as being restricted no legal provisions of the country in which the customer has his domicile or habitual residence. Jurisdiction for disputes with clients (consumers, legal person of public law or public special assets) is in any case the location of the provider.

Data protection

In connection with the development, conclusion, execution and termination of a purchase agreement on the basis of these terms and conditions data will be collected by the supplier, stored and processed. This is done in accordance with legal provisions. The provider will not share personal information about customers to third parties, unless he would be legally obliged to do, or that the customer has expressly consented. If a third party for services used in connection with the handling processing procedures, the provisions of the Federal Data Protection Act are adhered to. The information provided by the customer by way of order data are processed exclusively for contacts within the scope of the contract and only for the purpose for which the customer has made the data available. The payment data is forwarded to the agency responsible for paying the bank. Unless the seller commercial retention periods or meet a fiscal nature, storing some data may take up to ten years. During the visit, the internet store of the offerer be anonymous data which do not allow inferences to personal data and do not intend, in particular IP address, date, time, browser type, operating system and pages visited logged. the personal data will be requested by the customer in accordance with statutory provisions deleted, corrected or blocked. A free information about all personal data of the customer is possible. For questions and requests for cancellation, correction or blocking of personal data as well as the collection, processing and use, the customer can contact the following address:                                                                                      

German Quality Technologies GmbH
Christian Hettiger
Schornstr. 10
81669 München
+49.89.23 51 95 28
info@www.testmate.de.

Data protection

The invalidity of a provision in this contract does not affect the validity of the remaining provisions.