Terms of service

Michael Partheil (the supplier) runs a homepage for commercial purposes at the internet address www.subtask.com where consumers and entrepreneurs (customers) log in and use the central organisation software provided there. Your contract partner for all orders made within the scope of this online offer is:

Michael Partheil, Freytagstraße 1, 79114 Freiburg i. Br., Germany

Imprint

Publisher: Michael Partheil
Address: Freytagstraße 1, 79114 Freiburg i. Br., Germany
Telephone: +49 175 - 6244649
E-mail: contact@subtask.com
Homepage: www.subtask.com
VAT ID: DE288298114

I. Basic provisions

The terms and conditions below apply to all contracts concluded between the supplier and the respective customer and are expressly acknowledged with the order. The supplier offers on its website various modules of organisation software (applications), details of which can be found in the product specification.

A consumer in terms of the provisions below is any natural person concluding a legal transaction for a purpose which cannot be classified either as his commercial or independent professional occupation. An entrepreneur is a natural or legal person or a partnership with legal capacity concluding a legal transaction in pursuance of his/their commercial or independent professional occupation.

II. Registration and conclusion of the contract

The customer has to provide the data requested during the registration process in full and correctly, if and to the extent to which this data is denoted as mandatory.

The services of the supplier are, unless otherwise is stated, free of charge. Services which are subject to a charge are expressly denoted as such on the homepage.

The customer shall be entitled to use the applications when the customer account has been activated by the supplier, whereby the conclusion of a contract for the transfer of use does not provide entitlement. The supplier may reject a registration without stating reasons. In the event of a rejection the supplier shall immediately delete the data provided by the user during the registration.

After successfully completing the registration, the customer can use the supplier’s applications via the login area by entering the user name specified by the supplier and the password specified by the customer into the relevant fields.

When using services which are subject to a charge, the following shall apply:

The customer may switch from a plan which is free of charge to a plan which is subject to a charge at any time. In doing so he shall choose from the various plans the right plan for him. The length of the contract shall in each case be 30 days from the activation of the plan.

Before you send the order or registration, you shall have the opportunity to check all of the data (e.g. name, address, payment method and selected plans) once again and to amend it if necessary.

You only submit a binding offer to the supplier when you click on the button “Purchase”.

Your offer shall be accepted (and the contract concluded) by the sending of a separate e-mail in which the registration is confirmed.

If you do not receive confirmation of the order or registration within 3 working days, you shall no longer be bound to your order. Where applicable, services already performed shall in this case be refunded immediately.

The contract language is German. The supplier also provides some item descriptions and input fields for the order process in English. These though are only for assistance purposes. The text of the contract is not translated in full; English is therefore not a language of the contract. Support services may be provided in German and English.

The order data (contract text) shall be stored by the supplier. A summary of this data shall also be displayed once again directly after the order process on the screen and may be printed out. You shall also receive all of the relevant data of the order by e-mail, which may also be printed out.

III. Prices

The prices quoted in the respective offers are final prices. They include all price elements, including any applicable taxes such as VAT.

IV. Payment terms

You may choose between the following methods of payment:
Direct debit (German bank accounts only)
Payment by credit card (MasterCard or VISA)

Other methods of payment may be accepted at the supplier’s discretion.

Invoices issued by the supplier shall be due for payment immediately. The customer confirms upon choosing the respective method of payment that the account stated has sufficient funds. If the supplier incurs costs due to insufficient funds, these shall be refunded by the customer plus a processing fee of EUR 10.

The invoice shall normally be sent as a PDF file by e-mail. The invoice will not be sent with a qualified electronic signature.

Any goods delivered remain the property of the supplier until payment has been made full.

If a fee payable in advance is not received by the supplier by the invoice deadline, the supplier reserves the right to terminate the contract.

V. Conditions of use

The right to use the applications is dependent on the level of technology and server capacity. As a result there may be occasional, temporary restrictions relating to the applications. Planned maintenance work shall always be announced in good time by the supplier on its homepage.

Use of the supplier’s applications for purposes which are in contravention of legal regulations, violate the rights of third parties or are contra bonos mores is prohibited. The spreading of viruses, Trojan horses or malicious programmes via the platform is also prohibited. The supplier does not have a duty to monitor this; this is covered in more detail under VII. Limitation of liability.

The customer shall make sure that he chooses a secure password to which only he has access.

VI. Termination

Applications which are subject to a charge may be terminated at any time before the end of the billing month.

If a customer no longer wishes to use the supplier’s applications, he may delete his account at any time without stating reasons. Unless otherwise is stated in the applications, there is no notice period for this.

The account may be deleted by the supplier without stating reasons with a notice period of three months as of the end of the billing month. If the customer is in default of payment by more than two weeks, the supplier may terminate the contract with a notice period of two weeks as of the end of the billing month.

The right of both parties to extraordinary termination is unaffected by the above provisions.

VII. Limitation of liability

The supplier shall only be liable to the customer in relation to legal or contractual requirements if the supplier can be charged with wilful intent or gross negligence.

However, the limitation of liability in accordance with item VII. para. 1. does not apply in the event of injury to life, body or health, damage to property, damage due to the culpable breach of material contractual obligations (the fulfilment of which enables the due performance of the contract in the first place and compliance with which the contract partner may and does rely on as a matter of course) or if the other party relies on the due performance of the obligation on a special basis of trust.

In accordance with legal regulations, the supplier is not obliged to monitor the information provided or stored or to research details which indicate illegal activity. However, if the supplier becomes aware of a customer’s illegal activity, the customer’s access shall be temporarily or permanently disabled.

The supplier shall not be liable for the loss of data or the spreading of viruses via the platform, unless it is responsible for this on the basis wilful intent or gross negligence.

Liability relating to procurement risks assumed and guarantees provided by or on behalf of the supplier, assurances or the fraudulent concealment of defects relating to the goods supplied and entitlements relating to product liability, absolute liability or liability for fortuitous events remains unaffected.

VIII. Place of fulfilment, place of jurisdiction

German law applies.

The place of fulfilment for all services relating to the existing business relationships with the supplier and the place of jurisdiction is the supplier’s registered office, providing the buyer is not a consumer, but an entrepreneur, a legal person under public law or a special asset under public law.

For customers who are consumers, if the aforementioned choice of law results in the protection granted by the mandatory statutory regulations of the state in which the customer is habitually resident being withdrawn, the law of the state in which consumer is habitually resident shall apply.

IX. Legal information concerning the website

All texts, pictures and other information published here are subject to the website operator’s copyright. Any duplication, distribution or public reproduction is only allowed if website operator has given its revocable and non-transferable approval. The supplier does not claim any intellectual property rights over the material customers provide in the application. All entered information and uploaded content remains property of the customer.

Links which refer to the content of this website require the website operator’s approval. Such approval has to be re-applied for in the event of any fundamental change in the content of the website; it may be revoked informally at any time. Any linking to content which is illegal, offensive, misleading, defamatory or not suitable for young people is not allowed under any circumstances.

Great care is taken in preparing the content of our website. However, we are unable to guarantee the currentness and completeness of the information.

The website operator does not accept any responsibility for the content of websites which are linked to as the website operator is not the owner of this content. External links have been checked with regard to illegal content, at the respective point in time no such content was identifiable. There is no general obligation to monitor and check third-party content.

Trademarks and brand names quoted are the property of their respective owners.

X. Final provisions

The supplier reserves the right to amend the provisions of these general terms and conditions at any time without stating reasons. The amended general terms and conditions shall be sent to the customer before they come into effect by e-mail. If the customer does not object to the new general terms and conditions or their applicability within six weeks of receiving them by e-mail, they shall be considered to be accepted if the supplier expressly states in the e-mail that no reply is understood to mean approval.

In the event of an objection the supplier may terminate the customer's account within a period of 4 weeks.

The above power to make amendments does not apply to amendments to the scope of services under I paragraph 1. In the event of an amendment to the specification or scope of services, the customer shall be informed of this by the supplier. The customer shall then be offered the opportunity to continue using the applications under the amended terms, to terminate the contract or to delete the account.

Last revised: April 2013

Withdrawal policy (for consumers)

You may withdraw your contract declaration within 14 days, without stating reasons, in writing (e.g. letter, fax or e-mail). The withdrawal period shall commence upon receipt of this policy in writing, though not before the contract has been concluded and not before we have met our obligations to disclose information in accordance with article 246 § 2 in conjunction with § 1 paras. and 2 of the Introductory Act to the German Civil Code (EGBGB) and our obligations in accordance with § 312e para. 1 clause 1 of the German Civil Code (BGB) in conjunction with article 246 § 3 of the Introductory Act to the German Civil Code (EGBGB). The withdrawal period shall be met if the notice of withdrawal or goods are sent in good time. The withdrawal has to be addressed to:

Michael Partheil, Freytagstraße 1, 79114 Freiburg i. Br., Germany
E-mail: contact@subtask.com,

Consequences of withdrawal

In the event of effective withdrawal, the goods and services as well as payments received by the parties shall be returned and any benefits enjoyed (e.g. interest) shall be surrendered. In the event that you are unable to return the goods or services received in full or in part, or if you are able to return them in deteriorated condition only, you must pay us compensation for lost value in this respect. This does not apply to the delivery of goods if the deterioration of such goods is exclusively due to their inspection, as would have been possible for you e.g. in a retail shop. In addition, you can avoid the obligation to pay compensation for lost value in connection with any deterioration of the goods, which has been caused by using them in accordance with their intended purpose, by not using the goods as if you were their owner and by refraining from doing anything that might adversely affect their value. Goods that are capable of being sent as a parcel are to be returned at our risk. You have to bear the costs of return if the goods correspond to those ordered and if the price of the goods to be returned does not exceed an amount of EUR 40, or, in the event of a higher price of the goods, if you have not paid the price for such goods or made a contractually agreed partial payment at the time of withdrawal. Otherwise the return of the goods is free of charge for you. Goods that are not capable of being sent as a parcel shall be collected from you. Obligations concerning the reimbursement of payments have to be met within 30 days. For you, this period shall commence when you send your notice of withdrawal or the goods, for us it shall commence when we receive your notice of withdrawal or the returned goods.

Special information

Your right of withdrawal in accordance with § 312d para. 1 of the BGB shall expire prematurely if the contract has been fulfilled in full by both parties at your express request before you have exercised your right of withdrawal.

End of the withdrawal policy