Terms & Conditions
1. Scope and Validity of the Contract
1.1. The following terms and conditions apply to all services and products of Candy Melon Software GmbH.The purchasing terms and conditions of the customer are hereby excluded for the subject legal transaction and the entire business relationship. Offers are generally non-binding.
2. Scope of Services
2.1. Candy Melon Software GmbH provides its customers with a service through the medium of the internet in the field of management software. The object of the contract is the provision of software for use over the Internet and the storage of customer data. This service is provided "as is" and "as available" without any warranty.
2.2. Registration After the registration, the customer receives a personal account consisting of a personal email address and password. These credentials may not be disclosed. The customer is responsible for their safe storage. In addition, the customer guarantees to change their password after the first login. Registration under false names and forenames, incorrect addresses and fictitious e-mail accounts is not permitted. In the case of obviously fictitious data, Candy Melon Software GmbH reserves the right to delete the account. Registrations with fictional data contradict these terms and conditions.
2.3. Demo version Every customer can test RepairCMS free of charge. By default, all services and features of the system are displayed in the free demo version. In the demo version, no documents may be handed over to customers. The demo version is to be used exclusively for test purposes and under no circumstances to be used for accounting or tax analyzes. All demo documents are recorded. To create proper evidence, it is necessary to activate a paid package. By choosing a package, legal documents can be created.
2.4. Ending the free demo version While using the demo version, each customer has the possibility of purchasing RepairCMS for a fee. With the acquisition of a paid package, the "DEMO" indicator is removed from all views. The demo version is accessible to all customers of Candy Melon Software GmbH and is not limited in time. However, the demo version cannot be used commercially.
2.5. Research and Development The further development of the services takes place constantly and is included in the purchased packages.
2.6. Payment The customer is obliged to pay the agreed monthly fee plus VAT to Candy Melon Software GmbH for the software transfer and data hosting. Payment is done by credit card or PayPal. The corresponding invoice will be made available by email.
2.6.1. For services which can be provided in the premises of Candy Melon Software GmbH, but at the request of the customer are provided elsewhere, the customer will bear the costs of travel, accommodation and travel time for the personnel of Candy Melon Software GmbH who are responsible for executing the service.
2.6.2. Candy Melon Software GmbH is entitled to increase the stated overleaf lump sums and to charge the customer as of the beginning of the month following the increase, in the case of increases in wage and material costs or other costs and duties occurring after conclusion of the contract. The increases are accepted by the customer from the onset, if they are not more than 10% per year.
2.6.3. All fees and taxes (VAT in particular) are calculated on the basis of the applicable legislation. In addition, if the tax authorities subsequently impose taxes or duties, they will be borne by the customer.
2.7. Prices The customer pays a monthly fee for his account. This depends on the selected service: Starter, Technician, Pro. The current prices are published on the https://repaircms.com/en/pricing website.
2.8. Termination The contract is concluded for an indefinite period. A termination of the use of RepairCMS is possible at any time by e-mailing . Maturity date is the last day of the current monthly payment period. The termination corresponds to the deletion of the user account including all data and accesses within one business day. The contract may be terminated exclusively by the owner of the account. Generally, no data is available after the end of term. The immediate termination of the contract for important reasons remains unaffected by the parties. Candy Melon Software GmbH deems a reason important in particular if the customer falls into bankruptcy or bankruptcy proceedings is rejected because of lack of funds or with payment obligations under this contract in the amount of at least one monthly salary in arrears and it is set with an extension of time and under threat of the contract and has unsuccessfully achieved a grace period and was warned against the termination of the contract.
3. Customer Service / Support
3.1. The customer service / support is included in all paid packages. Candy Melon Software GmbH will respond as soon as possible after receipt, to requests from the customer for the application of the contractual software.
4. Services not covered by this contract
4.1. Unless explicitly stipulated in this contract, the costs for travel, accommodation and travel time for the personnel of Candy Melon Software GmbH who are responsible for the execution of the service.
4.2. In the case of unauthorized use of services, Candy Melon Software GmbH shall be entitled to invoice the customer for the incurred costs at the respective valid cost rates.
4.3. Services resulting from the operating system, hardware changes and / or by changes in non-contractual software programs and interfaces depending on the program.
4.4. Individual program adjustments and reprogramming.
4.5. Program changes due to changes in statutory regulations, if they require a change in the program logic.
4.6. Candy Melon Software GmbH shall be released from all obligations arising from the present contract if program changes in the contractual software programs are carried out by employees of the customer or third parties without the prior consent of Candy Melon Software GmbH, or the software programs are not used in a suitable manner.
4.7. A barrier-free design in accordance with the Federal Act on the Equality of Persons with Disabilities (Bundes-Behindertengleichstellungsgesetz - BGStG) ", which can be requested separately.
4.8. The elimination of errors caused by the customer or third parties.
4.9. Loss or damage resulting directly or indirectly from acts or omissions during operation by the customer or user.
4.10. Data conversions, recovery of data files, and interface customizations.
5. Service disruptions
5.1. Candy Melon Software GmbH undertakes to provide the services in accordance with the contract. If Candy Melon Software GmbH does not provide the services at the appointed times or only inadequately, i.e. With substantial deviations from the agreed quality standards, Candy Melon Software GmbH is obliged to immediately begin the rectification of defects and to provide its services properly and without deficiencies within a reasonable period of time, by carrying out the services concerned at its discretion, or carrying out necessary rectification work.
5.2. If the defectiveness is based on the customer's provisions or co-operation or due to a breach of the customer's obligations, any obligation to remedy defects free of charge shall be excluded. In such cases, the services provided by Candy Melon Software GmbH shall still be deemed to be contractual in spite of possible restrictions. Candy Melon Software GmbH shall undertake to remedy the defect for a fee, at the Customer's request.
5.3. The need to handle an error exists when the respective contractual software program has a different behavior to the corresponding service description in the final version and this is reproducible by the customer.
5.4. The customer will assist Candy Melon Software GmbH in rectifying the defect and provide all necessary information free of charge. Any defects which arises shall immediately be reported to Candy Melon Software GmbH by the customer in writing or by e-mail. The customer shall bear the additional costs resulting from a delayed notification in the event of the defect being rectified.
5.5. A solution to the defect is provided by a software update or by appropriate alternative solutions.
6.1. Candy Melon Software GmbH is only liable for proven fault of their damage in the event of gross negligence. This also applies analogously to damages caused by third parties contracted by Candy Melon Software GmbH. Candy Melon Software GmbH is liable without limitation in the case of indebted personal injury.
6.2. Liability for indirect damages - such as loss of profit, costs associated with a business interruption, data loss or claims of third parties - is expressly excluded.
6.3. Compensation claims shall be subject to a limitation period after the statutory provisions, but no later than one year after becoming aware of the damage and the damaging party.
6.4. If Candy Melon Software GmbH provides the works with the help of third parties and warranty and / or liability claims arise against these third parties in this context, Candy Melon Software GmbH hereby assigns these claims to the customer. In this case, the Customer shall primarily responsible such third parties.
6.5. Insofar as and for as long as obligations are due to force majeure, e.g. war, terrorism, natural disasters, fire, strike, lockout, embargo, governmental intervention, power supply failure, breakdown of means of transport, failure of telecommunications networks or data lines, changes in law affecting the services after conclusion of contract or other non-availability of products, they do not constitute a breach of contract.
7.1. The location of the contractual services is specified online in the customer's account. In a possible relocation, Candy Melon Software GmbH is entitled to redefine the all-inclusive rate.
8. Copyright and Use
8.1. Connection GmbH is entitled to all intellectual property rights on the agreed services. The customer receives only the right to payment of the agreed fee to use the software exclusively for its own purposes and to the extent of the number of licenses acquired for simultaneous use on multiple workstations. Only an exploitation authorization is purchased by the present contract. The customer is not authorized to distribute the software in accordance with copyright law. No rights over the use specified in the present contract are acquired through the participation of clients in the production of the software.
Furthermore, you agree not to do any of the following:
a) Copy the source code, its services or its contents
b) Merge the service with other programs
(c) Reverse-engineer, decompile or disassemble the software, or otherwise attempt to make available the source code of the software Any violation of the intellectual property rights of Candy Melon Software GmbH entails claims for damages, in which case full satisfaction must be paid.
9. Data Protection, Nondisclosure
9.1. Candy Melon Software GmbH requires its employees to comply with the requirements set forth in section 15 of the Data Privacy Act.
10.1. All communications must be addressed in writing to the specified addresses. Sending via E-Mail generally meets the requirements of written form. The Contracting Parties are obliged to immediately notify the other Contracting Party of any changes to address, otherwise communication to the most recently notified address will be considered legally valid.
11. Other provisions
11.1. Should individual provisions of these terms and conditions become ineffective, the remaining contents of this contract shall not be affected. The ineffective or impracticable provision shall be replaced by a valid and valid regulation which comes closest to the economic purpose of the ineffective or impractical clause.
12. Final provisions
12.1. Unless agreed otherwise, the legal provisions applicable between entrepreneurs shall apply exclusively in accordance with Austrian law, even if the order is executed abroad. The local jurisdiction of the factually competent court for the place of business of Candy Melon Software GmbH shall be deemed to be agreed upon for any disputes. For the sale to consumers as defined in the Consumer Protection Act, the above provisions apply only insofar as the Consumer Protection Act does not necessarily provide for other provisions. The non-compliance of essential contractual components entitles the parties to the contract to terminate the contract without notice.
12.2. Changes and additions to these Terms and Conditions must be made in writing. This also applies to the cancellation of this formal requirement.
12.3. Candy Melon Software GmbH shall be entitled to use third parties in whole or in part to fulfill its obligations.
13. Disclaimer of liability
13.1. Candy Melon Software GmbH is neither liable for the customer nor for third parties for any changes, suspensions and / or termination of the service as well as for any data loss.
14. General information
14.1. You can always have access to the terms and conditions at https://repaircms.com/en/tos
14.2. You agree to the terms and conditions of Candy Melon Software GmbH once you start using RepairCMS
14.3. You use the service at your own risk and are of legal age.
These terms and conditions apply since 03.08.2022