Thank You for choosing FolderFlex. The conditions at hand regulate the use of the internet service FolderFlex by the contract partner. FolderFlex enables the customer to securely store his electronic data in a data storage, share the data with other registered users and provide the secured data for individual or multiple users for the purpose of downloading them.
The contract partner owes DREGER IT the quoted fixed sum, depending on the chosen service package, payable each calendar month. All prices quoted are additionally subject to the current value-added tax.
The remuneration is to be paid until the 3rd of a month in advance. The minimum contract duration is three months. The contract is extended for another month automatically, calculated from the beginning of the contract duration if it has not been terminated with a period of time of one month to the end of the contract.
The right of both parties for termination for cause shall remain unaffected.
DREGER IT can terminate the contract at any time, if
- The contract partner violates one of the contractual obligations and does not correct this violation within an appropriate time period and remedies all resulting consequences. The parties consider a time period of one week as generally appropriate.
- The contract partner is two months in default of a payment.Insolvency proceedings are opened against the contract partner or such proceedings are dismissed due to lack of mass.
- The contract partner misuses the product for unlawful, illegal, racist, subversive, discriminating purposes or purposes liable to corrupt the young.
Upon termination of the contract of the service packets FolderFlex Standard, Business or Enterprise, DREGER IT will block the access without further notice.
After termination of the contract, DREGER IT will delete the data after 30 days permanently, completely and irretrievably. The contract partner will provide for securing the data on his own storage device in a timely manner. The contractee can commission a transfer project at cost within this period so that the data transfer into the possession of the contract partner. Due to a high volume and the changing technologies this will happen in close coordination with the contract partner. DREGER IT does not assume liability for any data losses.
In the service packet FolderFlex Free, up to 5 GB can be stored without cost. DREGER IT reserves the right to dissolve FolderFlex Free accounts at any time, with or without prior notice.
Without prejudice to the generality of the foregoing, DREGER IT can delete your files entirely or in part without prior notification if the standard account remains inactive for 90 (ninety) days.
„SERVICE LEVEL“ / UPDATES
DREGER IT is authorized to make and install product updates at any time. The significant content of the alterations can be viewed at www.folderflex.de.
LIMITATION OF LIABILITY
If contractual obligations cannot be fulfilled in time or not at all in compliance with the contract, due to force majeure, e.g. war or upheaval, natural disasters or fire, epidemics or quarantine, strike or lock-out, measures of the government or similar events, DREGER IT shall be exempted from the obligation according to the scale of the force majeure. The parties will notify each other in case of force majeure immediately.
DREGER IT is liable according to the legal regulations, if the damage was caused by gross negligence or intent, if claims in accordance with the product liability law exist or in case of injuries to life, limb and health.
In case of a culpable failure to meet contractual obligations, which are not based on gross negligence or intent, DREGER IT incidentally only assumes liability for contract-typical losses. It is limited to the amount of the insured capital of the liability insurance that DREGER IT has taken out, which is 150.000,00 Euro. If the contract partner wishes for an additional liability, the amount of the insured capital can be raised at cost.
Additionally, a liability obligation of DREGER IT does not exist, especially not for lost profit, not-realized savings, damages resulting from claims of third parties or other direct or indirect damages. Furthermore, DREGER IT does not assume liability for the correctness, completeness and timeliness of the provided or retrieved and entered information provided by the contract partner. The sole responsibility in this case remains with the contract partner.
DREGER IT is not liable for the functionality of the data lines to the contractual server. The same applies to power shortages and failures of servers that are not within the responsibility of DREGER IT and also for defective software of third-parties that is used for rendering the services.
DATA PROTECTION / SECURITY
Upon registration, the contract partner is requested to choose a password that secures the access to his data. He will treat he password as confidential and will neither pass it on to third parties nor ill he use the access data of a third party. The password rule that is set as the standard corresponds to a high security level and is recommended by DREGER IT.
The password rule can be customized for the company environemt by the contract partner. The contract partner assumes the resulting risk of missuse or loss on his own responsibility.
The contract partner will take care of equipping his system wih the newest anti-virus software and scan his systems for viruses, especially before uploading files, on a regular basis. If the contract partner detects a virus in his system, he will immediately inform Dreger IT and name the specific description of the virus including other characteristics and will assisst Dreger IT in checking the entire system and finding the specific virus as appropriate.
The contract partner releases DREGER IT in the external relation from all claims that directly or indirectly result from the violation of this obligation. Furthermore, the contract partner committs himself to committing his users to such behavior and surveilling the observing of the premise and if necessary stopping misuse. For this contractual relationship and its performance, the provisions of the data protection act apply. In case DREGER IT stores data, DREGER IT will observe those provisions. If data is stored on a server that is not operated or commissioned by DREGER IT, the contract partner is at a minimum obliged to observe the statutory data protection and corresponding security prerequisites.
DREGER IT and its employees are bound to secrecy for all knowledge that is acquired while working with the contract partner. DREGER IT also binds the contract partner and his employees to secrecy and observance of data confidentiality.
This obligation to maintain confidentiality shall survive the termination of the contract.
USE / DUTIES OF THE CONTRACT PARTNERS
The contract partner uses the provided services in an appropriate manner and only for his own business. The transfer of the services to third parties (against payment or for free) in not included in the contractually manifested usage. The use of the services for e.g. remote access to other systems, mass e-mail distribution or other similar actions is not permitted or has to be coordinated with DREGER IT.
An external surveillance or analysis (e.g. security scans) of the services is not permitted and can lead to impairments or failures and may cause additional costs that have to be beard by the contract partner.
The contract partner has to provide the corresponding hardware, software, compliance with the own system, storage space and internet access on his own (see enclosed system specification) if it is not provided by Dreger IT.
In principle, the contract partner is obliged to take care of adequate data storage of all documents, files or other digital pieces of information, if this obligation was not assumed by DREGER IT, so that they can be restored with reasonable efforts by the contract partner.
If the contract partner receives an error notice, he immediately has to inform DREGER IT, specifying the situation in which the notice appeared and has to - if possible - send a screenshot.
The General Terms and Conditions of DREGER IT (see www.dreger.de) also apply to the user contract.
The integration of the GTC of the contract partner shall be explicitly rejected. The parties agree upon the following in case of the integration of the GTC of the contract partner and a collision of provisions: when in doubt, the corresponding provision of this contract combined with the GTC of DREGER IT shall apply.
The contract partner will be informed about changes, additions or updates of the contractual conditions of this agreement. They will be included into this contract if the contract partner does not object to them within a period of two months in written form.
The contract includes all agreed upon provisions. Further written or oral subsidiary agreements do not exist. Changes and additions have to be made in written form. This also applies to the suspension of the written form requirement.
Provided that it has been legally agreed upon, the place of business of DREGER IT is set as the place of delivery and jurisdiction for all disputes that occur in the context of the fulfillment of this contract.
The contract partners stipulate the application of the law of the Federal Republic of Germany for all legal relationships originating in this contract.
Legal ineffectivenes of one specified provision does not impair the legal effectiveness of the other parts of the contract. The contract parties are obliged to replace one ineffective provision with an effective provision. The licensee is hereby entitled, in accordance with §314 BGB, to define such a clause. He will use content, sense and purpose of the ineffective clause as orientation, as well as the agreement that the parties would have made if they had known of the ineffective clause upon closing the contract. The same applies if the contract has a loophole.