Terms & Conditions
1. scope of contract and validity
1.1 The following terms and conditions apply to all services and products of Candy Melon Software GmbH. The customer's terms and conditions of purchase are hereby excluded for the present legal transaction and the entire business relationship. Offers are in principle subject to change.
2. scope of services
2.1 Subject matter of the contract
Candy Melon Software GmbH provides a service to its customers via the medium of the Internet in the area of repair management software. The subject of the contract is the provision of software for use via the Internet and the storage of the customer's data. This service is provided on an "as seen" and "as available" basis without warranty for defects.
After registration, the customer receives a personal account consisting of a personal email address and password. This access data may not be passed on. The customer is responsible for their safekeeping. In addition, the customer guarantees to change his password after the first login. The registration under false name and first name, false address and fictitious email accounts is not allowed. In case of obviously fictitious information, Candy Melon Software GmbH reserves the right to delete the account. Registrations with fictitious information contradict these GTC.
2.3 Demo version
Every customer can test RepairCMS for free. By default, all services and features of the system are displayed in the free demo version. No vouchers may be handed over to customers in the demo version. The demo version is to be used for testing purposes only and in no case for accounting or tax evaluations. All demo receipts are recorded. In order to create proper receipts, it is necessary to activate a paid package. By choosing a package, legally compliant receipts can be created.
2.4 End of the free demo version
While using the demo version, each customer can purchase RepairCMS for a fee. With the purchase 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 comercially.
2.5 Research and development
The further development of the services takes place constantly and is included in the purchased packages.
The customer undertakes to pay Candy Melon Software GmbH the agreed monthly or annual fee plus VAT for the provision of software and data hosting. Payment is made by credit card or SEPA direct debit via the payment provider Stripe. The corresponding invoice will be provided by email. The agreed basic fees are payable in advance in each case in accordance with the contractual agreement and are due upon receipt of the invoice. If the monthly or annual costs for the subscription cannot be debited from the credit card or account in time, the user's access to the system will be blocked. Upon receipt of payment, access to the system will be re-enabled. A change from a monthly to an annual subscription is possible with effect from the first day of the next billing month. The subscription will then be automatically extended for one year.
2.6.1 On-site service
For services that can be performed at the business premises of Candy Melon Software GmbH, but that are exceptionally performed at the customer's premises at the customer's request, the customer will bear the costs of travel, accommodation and travel time for the persons of Candy Melon Software GmbH commissioned to perform the service.
2.6.2 Index adjustment
In the event of increases in wage and material costs or other costs and charges occurring after conclusion of the contract, Candy Melon Software GmbH is entitled to increase the lump-sum amounts stated overleaf accordingly and to charge them to the customer from the beginning of the month following the increase. The increases shall be deemed accepted by the Customer from the outset if they do not exceed 10% per year.
All fees and taxes (in particular VAT) are calculated on the basis of the currently valid legal situation. If, in addition, the tax authorities subsequently prescribe taxes or duties, these shall be borne by the customer.
The customer pays a monthly or annual amount for his account. This depends on the selected service.
The contract is concluded for an indefinite period. Termination of the use of RepairCMS is possible at any time in writing by e-mail to. The end of the term is then the last day of the current monthly payment period. Termination is equivalent to deletion of the user account including all data and accesses within one business day. Cancellation can only be done by the owner of the account. In general, no data will be available after the end of the term. The parties are free to terminate the contract immediately for good cause. Good cause for Candy Melon Software GmbH exists in particular if the customer falls into bankruptcy or the opening of bankruptcy proceedings was rejected for lack of assets or is in arrears with payment obligations arising from this contractual relationship to the extent of at least one month's remuneration and has been reminded unsuccessfully by setting a grace period and threatening to terminate the contract.
3. customer service / support
3.1 Customer service/support is included in all fee-based packages. Candy Melon Software GmbH will respond to inquiries from the customer regarding the use of the contractual Software as soon as possible after receipt.
4. services not covered by this contract
4.1 Unless explicitly stipulated otherwise in this contract, the costs of travel, stay and travel time for the persons of Candy Melon Software GmbH charged with the performance of the service.
4.2 In the event of unauthorized use of services, Candy Melon Software GmbH is entitled to invoice the customer for the costs incurred at the applicable cost rates.
4.3. services that are caused by operating system changes, hardware changes and/or by changes to mutually program-dependent software programs and interfaces that are not the subject of the contract.
4.4 Individual program adjustments or reprogramming.
4.5. program changes due to changes in legal regulations, if they require a change in the program logic.
4.6 Candy Melon Software GmbH will be released from all obligations under this Agreement if program modifications are made to the contractual software programs by employees of the Customer or third parties without the prior consent of Candy Melon Software GmbH, or if the software programs are not used for the intended purpose.
4.7. a barrier-free design iSd Bundesgesetz über die Gleichstellung von Menschen mit Behinderungen (Bundes-Behindertengleichstellungsgesetz - BGStG)", this can be requested separately.
4.8 The elimination of errors caused by the customer or third parties.
4.9. loss or damage caused directly or indirectly by acts or omissions in the operation by the customer or user.
4.10. Data conversions, recovery of data files and interface adjustments.
5. performance problems
5.1 Candy Melon Software GmbH undertakes to perform the services in accordance with the contract. If Candy Melon Software GmbH does not provide the Services at the scheduled times or provides them only defectively, i.e. with significant deviations from the agreed quality standards, Candy Melon Software GmbH is obligated to begin remedying the defect immediately and to provide its Services properly and free of defects within a reasonable period of time by, at its option, repeating the affected Services or performing any necessary remedial work.
5.2 If the defectiveness is based on provisions or cooperation of the Customer or on a breach of the Customer's obligations, any obligation to remedy defects free of charge is excluded. In such cases, the services provided by Candy Melon Software GmbH are nevertheless deemed to have been provided in accordance with the contract, despite possible limitations. At the customer's request, Candy Melon Software GmbH will undertake to remedy the defect at the customer's expense.
5.3 A defect to be treated shall be deemed to exist if the software program that is the subject matter of the contract in each case exhibits a behavior that deviates from the corresponding performance description in the respective latest valid version and this behavior can be reproduced by the customer.
5.4 The customer will support Candy Melon Software GmbH in the elimination of defects and provide all necessary information free of charge. Defects that occur must be reported by the customer to Candy Melon Software GmbH immediately in writing or by e-mail. The customer shall bear the additional expense incurred in the elimination of defects due to a delayed report.
5.5 A solution to the defect shall be provided by a software update or by reasonable alternative solutions.
6.1 Candy Melon Software GmbH is liable for damages for which it is demonstrably responsible only in the event of gross negligence. This also applies mutatis mutandis to damages that are also attributable to third parties called in by Candy Melon Software GmbH. In the event of personal injury for which Candy Melon Software GmbH is at fault, Candy Melon Software GmbH is liable without limitation.
6.2 Liability for indirect damages - such as loss of profit, costs associated with a business interruption, loss of data or claims by third parties - is expressly excluded.
6.3 Claims for damages shall become statute-barred in accordance with the statutory provisions, but no later than one year after knowledge of the damage and the damaging party.
6.4 Insofar as Candy Melon Software GmbH performs the Work with the assistance of third parties and warranty and/or liability claims arise against these third parties in this context, Candy Melon Software GmbH assigns these claims to the Customer. In this case, the customer will give priority to these third parties.
6.5 Insofar and as long as obligations cannot be fulfilled on time or properly as a result of force majeure, such as war, terrorism, natural disasters, fire, strike, lockout, embargo, sovereign intervention, failure of the power supply, failure of means of transport, failure of telecommunication networks or data lines, changes in the law affecting the services after conclusion of the contract or other non-availability of products, this shall not constitute a breach of contract.
7.1 The location of the contractual services is defined online in the customer's account. In the event of a change of location, Candy Melon Software GmbH is entitled to redefine the flat-rate cost.
8. copyright and use
8.1 Candy Melon Software GmbH is entitled to all copyrights to the agreed services. The customer is exclusively granted the right to use the software after payment of the agreed fee exclusively for its own purposes and to the extent of the purchased number of licenses for simultaneous use on multiple workstations. By the present contract only an authorization for the use of the work is acquired. Distribution by the customer is excluded in accordance with the Copyright Act. The customer's participation in the production of the software shall not result in the acquisition of any rights beyond the use stipulated in the present contract.
Further, you agree not to do any of the following:
a) Copying the source code, their services or its content
b) Merging 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 infringement of Candy Melon Software GmbH's copyrights will result in claims for damages, in which case full satisfaction must be paid.
9. data protection, secrecy
9.1 Candy Melon Software GmbH obligates its employees to comply with the provisions of the EU Data Protection Regulation (EU-DSGVO). Furthermore, Candy Melon Software GmbH undertakes to treat all information and data of the Customer as confidential, to keep it secret and to make it accessible to third parties only to the extent that it is absolutely necessary for the performance of the contract ("need-to-know" basis). Customer data will only be used to the extent that it is absolutely necessary for the provision of the cloud computing services.
10.1 All notices shall be sent in writing to the addresses indicated. The transmission via e-mail shall in each case satisfy the written form requirements. The contracting parties shall be obliged to notify the other contracting party of any change of address without undue delay, failing which notices sent to the address last notified in writing shall be deemed to have been received with legal effect.
11.1 Should individual provisions of these GTC's be or become invalid, this shall not affect the remaining content of this contract. The invalid or unenforceable provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid or unenforceable clause.
12. final provisions
12.1 Unless otherwise agreed, the statutory provisions applicable between entrepreneurs shall apply exclusively in accordance with Austrian law, even if the order is executed abroad. For any disputes, the local jurisdiction of the court with subject-matter jurisdiction for the registered office of Candy Melon Software GmbH is exclusively agreed. For sales to consumers within the meaning of the Consumer Protection Act, the above provisions apply only to the extent that the Consumer Protection Act does not mandatorily provide for other provisions. Non-compliance with essential contractual components entitles the contractual partners to terminate the contract prematurely without notice.
12.2 Amendments and supplements to these GTC must be made in writing. After publication of a notice of change, the customer shall have an extraordinary right of termination. The changes shall be deemed approved if the customer does not object to the changes in writing within 14 days.
12.3 Candy Melon Software GmbH is entitled to use third parties in whole or in part to fulfill its obligations.
13.1 Candy Melon Software GmbH shall not be liable to the Customer or to any third party for any modification, suspension and or termination of the Service, as well as for any loss of data.
14.1 You have access to the GTC's at any time under https://repaircms.com/de/agb
14.2 You agree with the terms and conditions of Candy Melon Software GmbH from the use of RepairCMS.
14.3 You use the Service at your own risk and are of legal age.