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Terms and Conditions anaptis for offers in the anaptis shop

The offer of anaptis GmbH is aimed exclusively at companies and other self-employed persons, especially not at consumers. Consumers are hereby referred to other intermediaries.

On the one hand, anaptis GmbH provides its own services and, on the other hand, provides for the acquisition of software licenses. In addition to the information on the respective product, the following regulations and the provisions of the privacy policy apply to the provision of the services of anaptis GmbH. As far as the customer acquires licenses, the documents additionally apply

  • Microsoft Product Terms
  • Microsoft Terms of Online Services (Online Services Terms)
  • Microsoft cloud contract

in the currently valid versions, which can be viewed at https://www.microsoft.com/en-us/licensing/product-licensing/products.aspx and https://docs.microsoft.com/en-us/partner-center/

The integration of general terms and conditions of the customer is hereby expressly excluded.

anaptis does not advise on the question of the suitability and usability of certain licenses or services for the specific purpose of the customer. Furthermore, anaptis does not advise on any required hardware specifications or software capabilities, any transfer speeds.

 

1. Conclusion of contract

1.1. Customer account

A contract requires the creation of a customer account. With regard to the data protection aspects, reference is made in this regard to the express provision in the privacy statement (https://shop.anaptis.com/datenschutz).

Upon registration, the customer is asked to give a password, which ensures his access to his data. He will treat the password confidentially and not pass it on to third parties, nor use the access data of a third party. The default password rule per customer meets high security requirements and is recommended by anaptis.

Following the registration, the sender receives a confirmation e-mail. This contains an individual login. The customer can now log in using the login and his individual password. The customer is obliged to treat this information confidentially and not to pass it on to third parties.

The e-mail contains as an attachment as .pdf both the general terms and conditions listed here and the privacy policy of this website. By logging into his customer account, he confirms the integration of the general terms and conditions and the privacy policy.

If the customer does not receive the e-mail, the spam folder should be checked.

The customer is solely responsible for keeping the login and password secret.

The customer can control the currently used number of users or service/unused tickets in his own account.

 

1.2 Password

The default password rule per customer meets high security requirements and is recommended by anaptis.

The customer is entitled to change his password at any time. This can be done in ​​the customer account.

He will treat the password confidentially and not pass it on to third parties, nor use the access data of a third party. He will protect it against the access of third parties. The contracting party bears the resulting risk of misuse or loss on its own responsibility and will reimburse any resultant damage to anaptis.

 

1.3 Invoice

If the customer wishes to create and send an invoice, they may deposit the relevant invoice data in the customer account under „Account information“.

He then receives the corresponding invoice in digital form on the e-mail address given by him.

The customer is solely responsible for ensuring that the billing details given are correct and that he is entitled to forward them to anaptis GmbH.

In this regard, the customer releases anaptis from any claims of third parties (including law enforcement authorities and data protection authorities) in the external relationship.

 

1.4 Licences

Anaptis distributes software licenses on behalf of

Microsoft Corporation

One Microsoft Way, Redmond, WA 98052, USA

(hereafter „Microsoft“).

The customer becomes direct contract partner of Microsoft with conclusion of the contract. For the contractual relationship, the terms of use of the licenses apply exclusively to the terms and conditions of Microsoft.

The information contained on the website regarding the licenses is based exclusively on information provided by Microsoft. anaptis makes every effort to comply with the respective changes, but cannot accept liability for their correctness and completeness.

The customer is then obliged to provide an e-mail address for each user for an individual Microsoft account (NamedUser) in order to use the Microsoft service. He can then administrate the corresponding powers of this NamedUser on his own responsibility.

The licenses are not transferable. In that regard, the scope of use expressly refers to the license terms of Microsoft.

Microsoft is entitled to update on its terms. anaptis has no influence on this. Here the terms and conditions of Microsoft apply.

 

1.5 Service

The services are provided by anaptis and its affiliates.

The service purchased in advance can only be claimed within 12 months from the date of purchase. (see contract term)

 

1.6. Contract

Insofar as the customer selects a service or license, he can transfer it to the shopping cart by clicking on „Shopping Cart“. Once again, he has the opportunity to check the order and make changes. Only by pressing the button „order for a fee“ does the customer apply for the conclusion of a purchase contract.

This is usually accepted by anaptis GmbH by e-mail within three days.

If the customer does not receive the e-mail, the spam folder should be checked.

 

1.7. Confirmation e-mail

By sending the confirmation by e-mail, the correspondingly selected contract is concluded, irrespective of the moment of the customer’s actual knowledge.

In this e-mail, the customer will again be informed about the selected modules and the terms.

anaptis GmbH has the right to reject unconfirmed orders without stating reasons.

 

2. Rights and obligations of the customer

The customer uses the provided licenses and services in an appropriate form and only for himself. A transfer to third parties (against payment or free of charge) – also to affiliated companies – expressly does not correspond to the contractual use. The customer is obliged to refrain from any unlawful acts and will indemnify anaptis in case of claims by third parties (also in the context of fines) in the external relationship on first request.

The customer undertakes to comply with the regulations in this contract, in particular with regard to password security.

When purchasing a license, the customer is required to provide one e-mail address per license, which is linked to the specific Microsoft account (named user). These user-defined users (NamedUser) will be notified to Microsoft with their respective e-mail address. This results in an assignment of the respective right of use. The customer manages these on his own responsibility in the context of the entries in the customer account and releases anaptis in the external relationship from any claims that result directly or indirectly from this information or from incorrect or incorrect information.

Furthermore, the customer undertakes to obligate his users to just this behavior and to regularly monitor compliance with these premises by his users and to prevent misconduct.

The customer must take responsibility for the appropriate hardware, software, compatibility with their own system, storage space and Internet access. anaptis is not obligated or entitled to gain actual insight into the customer’s IT system. In particular, anaptis is not responsible for any necessary integration of the software in the IT system of the customer, unless otherwise instructed.

In principle, the customer is obliged to provide adequate data backup of all documents, files or other digital information so that they can be restored by the customer at a reasonable cost. This applies in particular to the status prior to the first integration of the ordered software licenses.

Insofar as the customer receives an error message, he will immediately notify the anaptis directly, stating the situation in which they occurred, and – if possible – sending a screenshot.

To the extent that the online services contracted with this contract affect Microsoft, the contracts will be made by Microsoft directly to the customer based on the documents

  • Microsoft Product Terms
  • Microsoft Terms of Online Services (Online Services Terms)
  • Microsoft cloud contract

in the currently valid versions, which can be viewed at https://www.microsoft.com/en-us/licensing/product-licensing/products.aspx and https://docs.microsoft.com/en-us/partner-center/, which the customer concludes with Microsoft by ordering a subscription. The customer is aware that Microsoft supports the functionality and function volume of the online services, e.g. can change at any time through new versions.

Irrespective of this, the compensation must be paid directly to anaptis. Since Microsoft is entitled to increase the amount of the service fee for the respective online service, anaptis is entitled to increase the lump sum calculated on its part. anaptis will inform the contracting party of the increase in text form with a notice period of 30 days. In this case, the contracting party has an extraordinary right of termination.

 

3. Contract Term / Termination:

3.1 Start of service

From Date Service provision according to confirmation email by anaptis to the customer.

 

3.2. Contract duration

The contract begins with the start of service indicated in the confirmation email.

 

3.3. License agreements

In the case of license agreements, the duration of the contract can be identified by reference to the data given on conclusion of the purchase contract and in the customer account. Incidentally, the respective terms and conditions of Microsoft apply.

Unless otherwise stated, the contract is automatically renewed for one (1) month from the beginning of the official contract term if it is not terminated with a notice period of 3 days to the end of the contract. The termination must be in writing. For the timeliness of the declaration, access to anaptis is crucial.

 

3.3.1. Training Video Subcription

We offer training videos as a subscription within the scope of a customer channel, which is operated by MBS-Training, Rene Gayer, Föhrenwaldgasse 12, A-2700 Wr. Neustadt.

The customer receives access data and the right to use the videos offered as often as desired in the subscription period. The customer is not allowed to save the videos offered, download or use in any other way outside the customer channel.

The duration of the contract for training videos can be identified by reference to the data provided when concluding the sales contract (usually 12 months).

Unless otherwise stated, the contract is automatically renewed for twelve (12) months from the commencement of the official contract period, if it is not terminated with a notice period of 30 days to the end of the contract. The termination must be in writing. For the timeliness of the declaration, access to anaptis is crucial.

 

3.4. Services

Tickets and other services can only be used within the time limit. Unless expressly stated, tickets and other services are available for a period of 12 months. Insofar as they are to be redeemed thereafter, anaptis has the right to demand a surcharge.

 

3.5. Termination for good cause

The right of both parties to terminate for good cause remains unaffected.

anaptis can terminate the contractual relationship at any time extraordinarily, if

  • the customer violates one of the contractual obligations and does not correct this violation despite a warning within a reasonable period of time, as well as eliminates the resulting consequences. The parties consider a period of one week to be fundamentally appropriate.
  • the customer is in arrears with a payment of two monthly contributions.
  • insolvency proceedings have been opened against the assets of the customer or a procedure has been rejected for lack of assets.

anaptis is entitled to disable the customer’s access to a license or service if the contracting party is in default of payment for more than 30 days. This refusal of performance caused by delay in payment does not constitute a ground for termination for the customer. During this blocking period, the contractual partner is additionally obliged to pay the contractually agreed fee.

anaptis is also entitled to assert claims for damages.

 

3.6. End of contract

Upon termination of the contract, Microsoft will terminate the terminated access without further notice.

As far as the customer stores data, these are stored exclusively on the servers operated by Microsoft. The customer will – taking into account the terms and conditions of Microsoft – in good time take care of the transfer of data to another medium. anaptis assumes no liability for the occurred data loss.

In case of doubt, the terms and conditions of Microsoft apply, and the customer will contact Microsoft directly regarding the preservation or transmission of the data in good time.

 

4. Prices/additional services/sales tax

All orders are subject to the prices stated on the website at the time of the conclusion of the contract, unless otherwise agreed in the individual contract.

The customer can increase the number of users or the number of tickets at any time.

Even if the customer does not use the agreed number of users in the respective calendar month or only partially, he remains obliged to pay in full.

In the offer or contract unscheduled services that are performed at the request of the client in addition, or additional expenses that are due to incorrect information provided by the customer or by non-scheduled or professional advance services of third parties, as far as they are not vicarious agents of anaptis, the customer can be billed according to the current remuneration rates of anaptis. Upon request of the customer, the current remuneration rates will be communicated to him.

All prices shown are exclusive of the applicable value added tax.

If a service or delivery abroad is invoiced without sales tax, even though it is in fact a VAT-liable business according to the applicable national or international tax regulations, anaptis has the right to recalculate the applicable sales tax.

 

5. Method of payment/payment terms

Unless otherwise agreed, the invoice amount is payable immediately upon conclusion of the contract without deduction. The customer can use PayPal or direct debit.

If the customer chooses an option linked to a fixed monthly rate, this is to be paid free of charge up to the third working day of a month in advance. If not credited on the 4th working day of a month, the customer is in default with his performance. Within the framework of the conclusion of the contract, the customer can choose between the payment channels specified on the website in the shop in order to ensure timely payment.

The customer must ensure that the corresponding accounts have sufficient coverage. Additional costs due to chargebacks or cancellations will be charged to the customer.

For non-timely payments anaptis is entitled to charge a reminder fee of 15.00 Euro.

If the contracting party does not fulfill his payment obligation on time, he owes additional interest at the rate of 12% per annum from the due date, but at least the statutory default interest rate. anaptis is also entitled to claim further damages.

anaptis is entitled to disable the customer’s access to a license or service if the contracting party is in default of payment for more than 30 days. This refusal of performance caused by delay in payment does not constitute a ground for termination for the customer. During this blocking period, the contractual partner is additionally obliged to pay the contractually agreed fee.

anaptis is entitled to offset payments against its older debts, even if the customer stipulates otherwise, and will inform the customer about the nature of the settlement. If costs and interest have already arisen, anaptis is entitled to offset the payments first against the costs, then against the interest and finally against the main service.

A payment is deemed to be made only when anaptis can finally dispose of the amount.

If anaptis becomes aware of circumstances that call into question the creditworthiness of the customer, in particular if a payment is returned or if anaptis becomes aware of other circumstances that call into question the creditworthiness of the customer, then anaptis is entitled to pay any outstanding debt as a whole put. In this case, anaptis is also entitled to demand advance payments or security and to block the performance or access to the license until the existing arrears are settled.

 

6. Copyright

Designs, templates, ideas and other documents of anaptis, are protected by copyright and remain the property of anaptis (or Microsoft), even if used by the customer, regardless of whether they were published on the website or otherwise accessible to the customer. They may not be copied or imitated, used or otherwise made available to third parties without express permission.

 

7. Warranty, liability and notice of defects

anaptis is not liable for any disruption or damage in connection with services that are merely provided as third-party services and/or that are expressly identified as external services in the offer. In particular, anaptis is not liable for services obtained directly from Microsoft.

If by force majeure, e.g. war or disturbances, natural disasters or fire, power failure, epidemics or quarantine, strike or lockouts, government action or similar circumstances, contractual obligations are affected timely or otherwise not in accordance with the contract, anaptis is exempted from the obligation to comply with this obligation. The parties will immediately inform each other about such cases.

anaptis is liable for its own services in accordance with the statutory provisions, if the damage is based on gross negligence or intent, claims under the Product Liability Act exist or for injuries to life, limb and health.

Incidentally, anaptis is liable as follows:

Incidentally, anaptis is only liable for the foreseeable damage typical to the contract for the culpable breach of essential contractual duties (obligations whose fulfillment is in the first place permitted by the orderly performance of the contract and on whose compliance the contractual partner may regularly rely). In this case, however, the liability for indirect damage, consequential damage and loss of profit is excluded. This amount is limited to the sum insured of anaptis‘ liability insurance of one (1) million euros. If the contracting party wishes to provide additional protection, the insured sum for the customer may be increased at a charge.

The liability for positive breach of contract, culpa in contrahendo and tort is limited to the replacement of contract-typical foreseeable damage

Incidentally, there is no liability of anaptis, in particular not for lost profit, savings that have not been made, damages from third-party claims or other direct or indirect damages. Furthermore, no liability is accepted for the fact that the information provided by the customer or retrieved and entered is correct, complete and up-to-date. The customer is solely responsible here.

anaptis is not liable for the functionality of the data lines to the contractual server. The same applies to power failures and failures of servers that are outside the control of anaptis, as well as faulty third-party software used to provide services.

anaptis cannot be held responsible for the fact that the respective online service is suitable for a specific purpose, unless such suitability is expressly promised in the product description.

Complaints of any kind must be made in writing to anaptis within 10 calendar days after delivery. Thereafter, the service is considered to be free of defects.

If you are entitled due to their contractual relationship with third parties in the case of claims by a customer warranty, damages and other claims for faulty, late or non-delivery against the subcontractor or Microsoft, he hereby assigns to the customer on account of performance. The customer undertook to first try to enforce the assigned claims before using anaptis.

The customer releases anaptis from all claims that third parties make against anaptis for behavior for which the customer bears the responsibility or liability under the contract. He bears the costs of any legal action.

 

8. Privacy/Confidentiality

Insofar as data is stored on a server not operated by anaptis, the customer is obliged to observe at least the legal data protection and corresponding security requirements. He will, if necessary, order the appropriate number of data protection officers.

Anaptis and its employees undertake to maintain secrecy about all knowledge acquired in the context of cooperation with the customer.

This secrecy and the data secrecy ends, as far as a right of information of a third party against anaptis is asserted due to legal regulation. In the event of claims, anaptis will inform the customer immediately about the request and the information provided. Insofar as fines are levied against anaptis due to the fault of the customer, the customer is obliged to indemnify anaptis in the external relationship upon first request.

The obligation continues beyond the end of the contractual relationship.

 

9. Other

The contracting party will be informed in writing about changes, additions or updates of the contract conditions of this agreement. They become the subject of this contract if the contractual partner does not object to it in writing within a period of two months.

The contract contains all agreements. Additional written or oral collateral agreements do not exist. Changes and additions must be in writing. This also applies to the cancellation of this written form requirement.

The place of fulfillment for all obligations arising from the contractual relationship is the registered office of anaptis in Muenster.

The place of jurisdiction for all legal disputes arising from the contractual relationship as well as its occurrence and effectiveness is Muenster.

The contractual relationship is subject to the law of the Federal Republic of Germany under exclusion of the Uniform UN Sales Convention (CSIG).

If only the male form is used in the preceding text, this is done solely to facilitate readability. There is no intention to discriminate against other sexes.

 

10. Severability clause

Should a provision in these terms and conditions or a provision in the context of other agreements be or become ineffective or unenforceable, this shall not affect the validity of all other provisions or agreements. The parties will replace the ineffective or unenforceable provision by another effective provision that they would have agreed if they had been aware of the invalidity or impracticability upon conclusion of the contract. The same applies in the case of a loophole. The parties agree that anaptis is entitled to make this provision (§ 315 BGB).