Terms of Service

Conditions when buying on Sivver.com

§1 Vertragsparteien

The following terms constitute a contract. They will be between

Sivver Software Solutions
Marcel Menk

Westring 1
33378 Rheda-Wiedenbrück
Northrhein-Westphalia, Germany

E-Mail Address: [email protected]
Phone: +49 (0) 5242 98390 30
Fax: +49 (0) 5242 98390 39

named as follows: "Service-Provider" or "Seller"; and you: the "Customer" or "Contractor".

§2 Scope of the Terms

These terms and conditions are valid for all, on Sivver.com, concluded contracts or in a contract with the above mentioned Seller concluded via e-mail, telephone or by post.

You will receive a copy of the current terms and conditions before concluding the contract. When ordering via the customer portal you accept the binding to these terms and conditions at the registration already.

§3 Prices

All prices plus 19% VAT. If the VAT is included within the price the seller explicitly informs the buyer.

§4 Contract

The contract is concluded between the seller and buyer as follows:

§4.1 Contract conclusion via the homepage

  • The buyer creates a customer account on sivver.com (https://sivver.com/client/login). He will provide his full civil name, address and contact details for future contracts. He also accepts the terms and conditions in this step. He is thus bound to these provisions after registration.
  • The buyer returns to sivver.com and selects the product he wants to order.
  • With a click on "order now" or "conclude contract" the contract is legally concluded, thus fully enforceable.

§4.2 Contract conclusion via e-mail or post

  • The buyer gets an offer from the seller. For this he writes an offer request, which he sends to the address or e-mail above provided by the seller.
  • The seller sends the buyer an offer in paper or PDF form.
  • The buyer will write a written order and send it to the seller as mentioned above.

§4.3 Contracting over the telephone

  • The seller makes a non-binding offer to the buyer, naming the subject of the contract, the price and the terms of payment. Furthermore, he refers to the terms and conditions.
  • The buyer agrees to the offer.
  • The seller starts an audio recording in which he enumerates the data of the buyer, as well as the contract modalities. The buyer confirms this framework conditions, as well as the conclusion of the contract with a "yes".

The record will be kept by the seller for the duration of the contract in order to prove a legally binding conclusion of the contract. Upon termination of the contract, the admission will be completely destroyed after expiry of the statutory retention periods.

§5 Termination (process and deadlines)

§5.1 Termination process

The termination of a contract can be informal (for example by e-mail or telephone), but also by post. The termination should contain the following data: customer number, contract number, termination date. The identity of the buyer must be clearly identifiable.

§5.2 Notice periods

The notice period is, unless otherwise stated, 1 (one) day to the next contract period.

§6 Payment arrangements

§6.1 Payment deadlines

Unless otherwise stated, the deadline for settling an invoice is 14 days after submission. If the amount is not paid within this period, the buyer is automatically "in default" (see §7.3 Delayed Payment / Dunning).

§6.2 Payment method / fees

Invoices can be paid off the customer area by bank transfer. There are no additional fees.

In the customer area we offer the following payment methods:

  • Bank Transfer (no fees)
  • SEPA debit (Fees: 1,00€)
  • PayPal (Fees: 1,9% + 0,35€)

§6.3 Delayed Payment / Dunning

If a buyer is in default with a payment, he receives payment reminders at regular intervals of 7 daysr. These letters will be sent to him electronically (by e-mail) and by post. Reminder fees are € 2.00 per reminder. Should the buyer still be in arrears with the payment after the fourth reminder (28 days), the transaction will be handed over to the debt collection department of Prokur Förderungsmanagement GmbH. For this purpose, the data of the debtor is transmitted to the collection service provider.

§7 Liability

(1) The seller is fully liable for damages resulting from injury to life, limb or health. Furthermore, he is liable, without limitation, in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of the guarantee for the nature of the object of purchase and in all other legally regulated cases.

(2) Insofar as essential contractual obligations are concerned, the liability for slight negligence shall be limited to the contractually typical, foreseeable damage. Significant contractual obligations are essential obligations that arise from the nature of the contract and whose breach would jeopardize the achievement of the purpose of the contract and obligations that the contract imposes on us according to its content for the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible and whose compliance you can regularly trust.

(3) With the breach of insignificant contractual obligations, the liability for slightly negligent breaches of duty is excluded.

(4) The data transmission over the Internet, at the current state of the art, is not permanent and / or error-free. The seller is therefore not liable for the continuous or uninterrupted availability of the website "sivver.com", nor the services offered there.

§8 Retention of title

The seller holds any ownership rights in relation to the software "Sivver". With the conclusion of the contract, user rights for the software are granted once. There is no right to release the source code or other parts of the software.

§9 Special provisions for the offer of the software "Sivver"

§9.1 Cloud

The software "Sivver" is provided exclusively in the cloud. This means that the software is provided by the seller and operated on his infrastructure. The buyer is not granted access to the source code of the software. Insofar as the seller grants access to the source code, this is done on a voluntary basis. There is no right to the publication of the source code just mentioned. The database, as well as web structure of the application are operated on the infrastructure of the seller. The buyer is, in accordance to the Data Protection Regulation, which was enforce on 25.05.2018, obligated to inform his customers about this procedure. The seller assumes no liability for the violation of the disclosure obligations of the buyer.

§9.2 Requirements for running the software

Running the software requires a top-level domain or subdomain. If the buyer does not have one, they can request a subdomain in the format {mycompany}.mysivver.com from the seller. For this service charges of 5.00 € / month plus 19% VAT.

§10 Service-Level-Agreement

The seller's Service-Level-Agreement applies. This can be seen at: https://sivver.com/sla

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As of: 27.02.2019