Terms of Use
of 5 POINT AG for the use of teamspace
1. scope of the treaty
The
following Terms of Use are valid for all works, services and
performances rendered by 5 POINT AG ('5 POINT') which where provided to
users for free or for payment and which belong to the teamspace
('teamspace'). Contrary Terms of Use are invalid, except 5 POINT has
declared a written acceptation.
2. type of business
5
POINT offers teamspace and all herein related services only under the
validity of these Terms of Use. teamspace supports the exchange of
information and the work in groups regardless of subject, time or
location of those concerned.
To conduct
this type of work, teamspace offers to establish and work with teams,
which are individually created by the user. In detail teamspace offers
the following possibilities:
- chat
- e-mail and sms
- protocol creation
- problem solving support
- task management
- expenditure and time management
- file archive
- calendar and scheduling
- contact- and address management
- synchronization of calendar and contact data with Microsoft Outlook
3. right to use / prices
The
use of teamspace on the Internet and the establishment of teams
hereunder is principally permitted to every user. 5 POINT differences
between free of charge and paid use. The use of teamspace for
evaluation purposes is free of charge within the following framework:
- period of use: maximum 30 days
- number of team members: unlimited
- size of file storage space: maximum 10 MB
The use of teamspace with licensed teams is possible within the following framework:
- billing periods: 1, 3, 6 or 12 months
- number of team members: from 1 member
- size of file storage space: from 100 MB
The
standard license contains 1 member and 100 MB storage capacity. Trough
the purchase of add-ons, the capacity of the teams can be increased at
any time by further members and/or 100 MB each. teamspace is available
directly after the team has been founded/licensed. The billing period
starts the day the team is licensed. If the capacity of a team falls
under the initial or actual needed capacity of members and/or storage
capacity, a refund of these fees is not possible.
The
team founder, who has to fill out the application form before using
teamspace, is the contract partner and responsible for the whole team,
all of its acts and the observance of these Terms of Use. By sending
off the registration, the contract comes into force, if 5 POINT does
not reject it immediately and the team founders clarify that the team
recognizes these trading conditions.
If a team is
not cancelled properly until one month before a billing period expires,
the license automatically prolongs itself for another period of the
same length and in the same capacity. As with whole teams, added
capacities can be cancelled within the same terms. After reaching the
deadline for the team cancelling, the user gets a new invoice for the
upcoming period. Acquired SMS contingents that have not been used till
the end of the license contract are neither refundable nor transferable
to other licenses.
5 POINT reserves the right to delete the stored data four weeks after the license was cancelled.
Change of fees remains reserved.
4. manner of use
Use
and spread of any material offending German law, especially criminal
law and/or sending e-mails or any other material offending the law of
the respective recipient country is prohibited. Consequence of any
offence to this rule is the immediate exclusion of the whole team and
loss of all data without any prior announcement. 5 POINT reserves
the right to exclude teams and erase all its data without announcement;
when teams send chain letters and mass or advertisement e-mails. Claims
for damages by 5 POINT remain reserved.
Every team binds itself to comply with 5 POINT’s copyright and to take
care that it will not be violated by the teams users. Every team is
obliged not to copy, to assign or to spread in any other way software
or any other copyright protected material made available by 5 POINT.
The applicant commits itself to exempt 5 POINT from all demands for
payment of damages which are raised from third parties due to a damage
by a team in connection with the use of teamspace against 5 POINT.
5 POINT reserves the right to place/show any kind of own and third
parties advertisements anywhere in the services offered under teamspace
including e-mails, SMS or any other electronic mail or information sent
by team members.
5. availability / warranty / liability
5
POINT runs teamspace with the care and reliability required. It
endeavors permanent availability of teamspace. Nevertheless the user
recognizes that because of technical reasons, e.g. disturbance of the
telecommunications nets, an absolute permanent availability is not
possible. Only temporary disturbances and impossibilities of access do
not give users a right to claim for warranty or exceptional termination
because of important matters. In addition to that 5 POINT reserves
temporary unavailability of teamspace particularly in the following
cases:
- installation of software upgrades and removal of technical interferences
- reorganization/qualification of the teamspace use possibilities as listed in clause 2. of these Terms of Use
- reorganization/qualification of the use authorization criteria listed in clause 3. of these Terms of Use
In
case of permanent access restriction, the right to reduce the fees or
to terminate the contract because of extraordinary matters is only
valid if the restriction endangers important rights and duties
according to the spirit of § 9 of the German act on Terms of Use.
5 POINT is liable only for damages, which were caused by gross
negligence or by intention. Especially, 5 POINT is not liable in case
of data loss, abuse or any other disturbance caused by sources out of
teamspace, e.g. the Internet, telecommunications nets or other sources
which are not in 5 POINT’s influence scope.
In case of gross negligent damaging of single users or whole teams,
compensation for direct and/or indirect consequential damage including
lost profits is excluded.
6. revocation / termination
Every
applicant of a team has the right to revoke his application within a
fortnight after sending off the application; the period is protected by
punctual sending off of the revocation. Independent from the date of
application, the right to revoke expires after the applicant has paid
the fees and 5 POINT has made teamspace available. Due and proper
notice is excluded.
7. References
Each
user agrees to be named and listed as referee for teamspace by 5 POINT.
Any further information, especially details about the user’s use of
teamspace will not be publicized or given to third parties by 5 POINT
without the expressed prior written consent of each user.
8. place of fulfillment / applicable law / jurisdiction
Place
of fulfillment is Darmstadt/Germany. Only German law is applicable to
every conflict directly or indirectly regarding the use of teamspace.
Local jurisdiction is Darmstadt/Germany.
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