Terms and Conditions
These Terms and Conditions of Business govern the relationship between
SCOREPRISE Sales & Services GmbH & Co. KG
Davertstrasse 20, D-48163 Münster, Germany
Tel: +49 2501 921857, E-Mail: contact@scoreprise.com
(hereafter referred to as “SCOREPRISE” or “Software”)
Davertstrasse 20, D-48163 Münster, Germany
Tel: +49 2501 921857, E-Mail: contact@scoreprise.com
(hereafter referred to as “SCOREPRISE” or “Software”)
and the “Customer”, regarding the acquisition of licensed software and other products.
1. General
The General Terms and Conditions published on December 12th, 2010 are applicable. Conditions put forth in this document must be expressly agreed to by SCOREPRISE in writing.
The General Terms and Conditions published on December 12th, 2010 are applicable. Conditions put forth in this document must be expressly agreed to by SCOREPRISE in writing.
2. Contract
When ordering via the Internet, the Customer accepts the Conditions and Terms automatically by putting the appropriate checkmark. By issuing a written order, the Customer accepts Conditions and Terms automatically.
When ordering via the Internet, the Customer accepts the Conditions and Terms automatically by putting the appropriate checkmark. By issuing a written order, the Customer accepts Conditions and Terms automatically.
3. License Key
SCOREPRISE will issue Licence Keys or “Keys” to Customers after an order has been placed. When ordering a license key, The Key will be sent as a file via email. The Key contains the Customer’s address, number of success factors, number of risks, type of database and number of concurrent users. The Key file is valid for one year from the date of issue and must be updated annually.
The License Key is associated with the data model. Customers are allowed to make several copies on different computers.
SCOREPRISE will issue Licence Keys or “Keys” to Customers after an order has been placed. When ordering a license key, The Key will be sent as a file via email. The Key contains the Customer’s address, number of success factors, number of risks, type of database and number of concurrent users. The Key file is valid for one year from the date of issue and must be updated annually.
The License Key is associated with the data model. Customers are allowed to make several copies on different computers.
4. Buying Additional Licenses
The Customer may increase the number of licenses at any time, even if the validity of the previous Key has not been terminated yet. When ordering additional software keys, Customers acquire a new Key, which will be valid for one more year. Customer gets credit on a pro-rated basis for the remaining duration (in months) of the old Key. There will be an appropriate reimburse in the new bill. Partial months will not be reimbursed.
The Customer may increase the number of licenses at any time, even if the validity of the previous Key has not been terminated yet. When ordering additional software keys, Customers acquire a new Key, which will be valid for one more year. Customer gets credit on a pro-rated basis for the remaining duration (in months) of the old Key. There will be an appropriate reimburse in the new bill. Partial months will not be reimbursed.
5. Application Server Provider (ASP)
In case customers uses web based applications via Internet, the Customers´ number and the access passwords will be treated confidentially. Customers may assure that no unauthorized persons gets access to these information.
Should Customer number and password be compromised, Customers are required to contact SCOREPRISE immediately, in order to limit access to proprietary Customer data.
In case customers uses web based applications via Internet, the Customers´ number and the access passwords will be treated confidentially. Customers may assure that no unauthorized persons gets access to these information.
Should Customer number and password be compromised, Customers are required to contact SCOREPRISE immediately, in order to limit access to proprietary Customer data.
6. Conditions of Payment
Once the customer places an order for a license key via Internet, electronic mail or postal mail, the order cannot be cancelled. SCOREPRISEwill not refund orders on Licence Keys.
The license key will be sent upon receipt of the invoice by e-mail.
The customer can pay by invoice. If paying by credit card, registered users must provide all relevant credit card data when ordering. Users authorise SCORPPRISE to charge the order to their credit card account, particularly for online transactions. SCOREPRISE agrees to protect the credit card data against unauthorised access by third parties within reasonable limits. The Customer acknowledges that unauthorised third-party access cannot be fully excluded, particularly in the case of transferring data by electronic or any other medium. The credit card account shall be debited when the order is placed.
Once the customer places an order for a license key via Internet, electronic mail or postal mail, the order cannot be cancelled. SCOREPRISEwill not refund orders on Licence Keys.
The license key will be sent upon receipt of the invoice by e-mail.
The customer can pay by invoice. If paying by credit card, registered users must provide all relevant credit card data when ordering. Users authorise SCORPPRISE to charge the order to their credit card account, particularly for online transactions. SCOREPRISE agrees to protect the credit card data against unauthorised access by third parties within reasonable limits. The Customer acknowledges that unauthorised third-party access cannot be fully excluded, particularly in the case of transferring data by electronic or any other medium. The credit card account shall be debited when the order is placed.
7. Prices and Conditions of Payment
Once the user contract becomes effective, the Customer is liable to pay SCOREPRISEall licensing fee in accordance to the SCOREPRISEprice list in effect at the time of ordering. Prices exclude Value Added Tax (VAT).
Licensing fees are due immediately and payable within 30 days of the invoice date. If the Customer's payment is delayed, SCOREPRISE is entitled to charge 7% p.a. interest on arrears. The Customer is not entitled to any right of retention unless on the basis of the same contractual relationship.
Delivery dates must be agreed to in writing.
Once the user contract becomes effective, the Customer is liable to pay SCOREPRISEall licensing fee in accordance to the SCOREPRISEprice list in effect at the time of ordering. Prices exclude Value Added Tax (VAT).
Licensing fees are due immediately and payable within 30 days of the invoice date. If the Customer's payment is delayed, SCOREPRISE is entitled to charge 7% p.a. interest on arrears. The Customer is not entitled to any right of retention unless on the basis of the same contractual relationship.
Delivery dates must be agreed to in writing.
8. Warranty
The Customer agrees to the conditions governing SCOREPRISE Copyrights. The manufacturer assures the customer to any features of the program outside of the manual. This concerns in particular its applicability and its compatibility with other programs or operating systems. The sole responsibility for the selection of the software bears by the customer.
For other articles SCOREPRISE will act in accordance with legal provisions if there are any defects present in the delivery of the goods. For orders with costumers the warranty period is two years (§13 BGB). For orders from entrepreneurs the warranty period is limited to one year (§14 BGB).
The Customer agrees to the conditions governing SCOREPRISE Copyrights. The manufacturer assures the customer to any features of the program outside of the manual. This concerns in particular its applicability and its compatibility with other programs or operating systems. The sole responsibility for the selection of the software bears by the customer.
For other articles SCOREPRISE will act in accordance with legal provisions if there are any defects present in the delivery of the goods. For orders with costumers the warranty period is two years (§13 BGB). For orders from entrepreneurs the warranty period is limited to one year (§14 BGB).
9. Data Security and Limitation of Liability
The Customers may at any time back up their proprietary data, and are responsible for any possible loss of data. Unless SCOREPRISE takes no intent or gross negligence, claims for compensation are excluded from the manufacturer. This also applies to any indirect damages, such as additional expenses or loss of profits. All damage claims are limited to the value of the software license fee not to exceed the previous 12 months.
The Customers may at any time back up their proprietary data, and are responsible for any possible loss of data. Unless SCOREPRISE takes no intent or gross negligence, claims for compensation are excluded from the manufacturer. This also applies to any indirect damages, such as additional expenses or loss of profits. All damage claims are limited to the value of the software license fee not to exceed the previous 12 months.
10. Right of Cancellation / Exclusion of the Right of Cancellation for Download Files
10.1 Right of Cancellation
If the customer is not an entrepreneur, he can revoke the contract within two weeks without giving reasons in writing. He can do this either bye-mail, fax or letter. If the items are delivered before deadline, he can just send it back.
The period begins with receiving the items and the cancellation policy in written form. In order to fulfil the revocation period, the revocation or the items must be sent right in time. These should be sent to the address above.
In case of an effective cancellation, the mutually received benefits must be returned. If the customer returns the shipped items completely or partially damaged, there must be an appropriate compensation of the damage. The liability for compensation can be avoided by not using the items and refrain from everything, which diminishes the value it. The customer must return the item at his own risk and bear the costs of returning the item if the item was delivered as ordered. Otherwise the item can be returned free of charge within two weeks.
If the customer is not an entrepreneur, he can revoke the contract within two weeks without giving reasons in writing. He can do this either bye-mail, fax or letter. If the items are delivered before deadline, he can just send it back.
The period begins with receiving the items and the cancellation policy in written form. In order to fulfil the revocation period, the revocation or the items must be sent right in time. These should be sent to the address above.
In case of an effective cancellation, the mutually received benefits must be returned. If the customer returns the shipped items completely or partially damaged, there must be an appropriate compensation of the damage. The liability for compensation can be avoided by not using the items and refrain from everything, which diminishes the value it. The customer must return the item at his own risk and bear the costs of returning the item if the item was delivered as ordered. Otherwise the item can be returned free of charge within two weeks.
10.2 Exclusion of the Right of Cancellation for Download Files
For download files there is no Right of Cancellation once they are downloaded completely. This is an exception to the Right of Cancellation as described in section 10.1. These items are by nature not adequate for being sent back (§312d, part 4, No. 1, Alt. 3 BGB). The same applies if the customer returns it by online transmission (§312d, part 3, No. 2, Alt. 2 BGB).
11. Change of Terms and Conditions
SCOREPRISEreserves the right to change these Terms and Conditions at any time without prior notice. Such changes do not apply to orders or offers already placed. Placement of an order constitutes an agreement to the Terms and Conditions in effect at the time of placement.
SCOREPRISEreserves the right to change these Terms and Conditions at any time without prior notice. Such changes do not apply to orders or offers already placed. Placement of an order constitutes an agreement to the Terms and Conditions in effect at the time of placement.
12. Governing Law
The exclusive court of jurisdiction for private customers, commercial customers, legal entities and public-law organs shall be Münster, Germany. International business relationships are subject to the specific consumer protection standards.
The exclusive court of jurisdiction for private customers, commercial customers, legal entities and public-law organs shall be Münster, Germany. International business relationships are subject to the specific consumer protection standards.
The invalidity of one or more provisions contained within these Terms and Conditions does not affect any other part. The parties to the contract agree to replace any invalid provisions, which serves the original purpose as closely as possible. The same applies to incomplete provisions, which require revision. Statutory legal provisions are also applicable.
