General Terms and Conditions

§ 1 Scope of Application

These General Terms and Conditions (GTC) apply to all contracts between IT Service Nietzsch, owner Jens Nietzsch, Borlinghausener Str. 11a, D-34439 Willebadessen (hereinafter the „Provider") and the Customer regarding the delivery and use of the software „ITN Marina Management" as well as related services.

These GTC apply exclusively in the B2B sector. Contracting parties are exclusively entrepreneurs within the meaning of § 14 BGB (German Civil Code). Deviating terms of the Customer are not recognized unless the Provider has expressly agreed to their validity in writing.

§ 2 Conclusion of Contract

Representations and descriptions of the software on the Provider's website constitute non-binding invitations to submit an offer. A contract is only concluded upon the Provider's order confirmation transmitted in writing or by email. Verbal collateral agreements require written confirmation.

The contract language is German. The Provider's offers are subject to change and non-binding unless they are expressly designated as binding.

§ 3 Services

The Provider makes the software „ITN Marina Management" available to the Customer. Depending on the agreed scope of services, the software package comprises modules such as:

• Dashboard & Overview
• Berth Management & Reservations
• Crane Management
• Winter Storage Management
• Customer App (Online Booking Portal)
• Invoicing & Payments
• Customer Management & CRM

The Provider is entitled to continuously develop and update the software, provided this does not materially impair the agreed functionality. Optionally, the Provider may render services such as installation, setup, data migration, training and technical support.

§ 4 Rights of Use

Upon full payment of the agreed fee, the Customer receives a simple (non-exclusive), non-transferable right to use the software for its own operations. The scope and restrictions of the license are governed by the respective offer or license agreement.

The Customer is not permitted:

• to pass on, lease or rent the software to third parties without the express written consent of the Provider;
• to decompile, disassemble or otherwise modify the software;
• to remove protective notices, copyright notices or other markings.

§ 5 Obligations of the Customer

The Customer is obliged:

• to provide and operate the technical infrastructure required for the operation of the software (web server, database, domain) at its own expense;
• to carry out regular data backups on its own responsibility;
• to comply with the data protection regulations (in particular the GDPR / DSGVO) for the personal data of its customers processed in the system;
• to treat access credentials confidentially and to prevent unauthorized access;
• to report defects and errors in writing without delay.

§ 6 Prices & Payment

The prices stated in the respective offer apply, plus the statutory value-added tax applicable at the time the service is rendered. One-time fees (e.g. license fee, setup) are due upon delivery or rendering of the service. Recurring fees (e.g. for support or updates) are payable on the first day of the respective due month.

Invoices are payable within 14 days of the invoice date without deduction. In the event of default in payment, the Provider is entitled to charge default interest at a rate of 9 percentage points above the respective base interest rate of the Deutsche Bundesbank as well as to claim a lump-sum compensation of €40 (§ 288 para. 5 BGB).

§ 7 Term & Termination

Contracts for recurring services (e.g. support, updates) run for an indefinite period and may be terminated by either party with ordinary notice of 4 weeks to the end of the month.

The right to extraordinary termination for good cause remains unaffected. Good cause for the Provider exists in particular if the Customer is in default with the payment of more than two monthly amounts or of a total amount exceeding two monthly amounts and fails to pay despite a reminder.

One-time licenses (purchase agreements) are non-terminable; the statutory provisions on warranty for defects and withdrawal apply.

§ 8 Liability

The Provider is liable without limitation for damages caused by intent or gross negligence, as well as for damages arising from injury to life, body or health. For slightly negligent breach of material contractual obligations (cardinal obligations), liability is limited to the typically foreseeable damage, up to a maximum of the amount of the remuneration paid by the Customer in the last 12 months.

Any further liability – in particular for indirect damages, lost profits or data loss – is excluded. In particular, no compensation is provided for:

• data loss resulting from inadequate or omitted data backup by the Customer;
• damages due to improper configuration of the payment interfaces (Stripe, iDEAL, PayPal) by the Customer;
• damages caused by third-party interference (e.g. hacking), provided the Provider has not committed a breach of duty of care.

§ 9 Warranty

The Provider warrants that, at the time of handover, the software fulfills the functions described in the offer. Defects must be reported in writing without delay. In the case of justified defects, the Provider shall first provide remedy. After two failed attempts at subsequent performance, the Customer is entitled to withdraw from the contract or to demand a reasonable reduction in price.

The warranty period for purchase agreements is 12 months from handover of the software. For service agreements, the statutory warranty period applies. As these are B2B contracts, a deviating warranty period is permissible pursuant to § 444 BGB.

§ 10 Data Protection

The Provider processes the Customer's personal data in accordance with the data protection regulations. For details, please refer to our Privacy Policy.

Insofar as the Customer uses the software to process personal data of its own customers (boaters, tenants, etc.), the Customer is itself the controller within the meaning of the GDPR (DSGVO). In this case, the Provider acts as a processor; the conclusion of a data processing agreement (DPA) pursuant to Art. 28 GDPR (DSGVO) is made possible upon request. This applies accordingly to support access to customer-side systems.

§ 11 Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from the contractual relationship is the Provider's registered office (Willebadessen), provided the Customer is a merchant, a legal entity under public law or a special fund under public law.

The Provider is entitled to amend these GTC with an advance notice period of 4 weeks. If the Customer does not object in writing within this period, the amended GTC shall be deemed accepted.

Should individual provisions of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. The statutory provision shall take the place of invalid provisions.