The supplier (CrewBrain GmbH, Muehlstrasse 6, 76532 Baden-Baden) provides their services with regard to CrewBrain on the basis of these General Terms and Conditions of Business, which are an integral part of the service agreement. Deviations from these conditions shall only be effective if confirmed in writing by the supplier. The supplier is entitled to amend these General Terms and Conditions of Business at any time in compliance with a reasonable period of notice. Following any amendment, the client has a right to extraordinary termination. Amendments shall be deemed to be approved if the client does not object in writing within fourteen days.
The agreement shall be entered into between the supplier and the client. If the supplier makes use of a third party to perform the agreed service, the third party shall not become a contracting party of the client.
Any agreement may be terminated by either contracting party at any time with effect from the end of the current term. Notice may be submitted by email or letter and shall become effective upon receipt. If the client fails to extend their tariff within fourteen day of expiry of the previous tariff, the agreement shall likewise be deemed to have been terminated. Any charges already paid shall not be returned.
The range of CrewBrain features and the resulting services provided by the supplier shall arise from the description of the individual tariffs current at the time of conclusion of the agreement. The supplier assures the client of 99% availability of the respective service on an annual average. Not included in this are times due to failures which can be attributed to circumstances beyond the control of the supplier. This applies in particular to force majeure, electricity or power failures, maintenance intervals or breakdowns on the part of the supplier, deliberate attacks by third parties, or maintenance intervals or breakdowns on the part of the service provider.
The supplier reserves the right to enhance or amend the range of CrewBrain features at any time and without prior notice if this is necessary to guarantee security or is of benefit to clients. The client has a right to extraordinary termination if the scope of functions is reduced.
The supplier is entitled to block or restrict a client's access to CrewBrain at any time without prior notice if a breach of the terms and conditions of use is determined. The same applies if incomplete or obviously false information is submitted on registration.
The supplier provides solely access to CrewBrain. The client is responsible for establishing a connection to the supplier’s server.
A web browser of the latest generation is required to access CrewBrain. The supplier tests CrewBrain regularly with a variety of up-to-date browsers and makes every effort to maintain full functionality in all browsers. The supplier cannot, however, make any guarantee for the immediate and full functionality of CrewBrain in the event of a browser update.
All information saved in CrewBrain (including the personal data of the client necessary for registration) is treated in strict confidence and shall not be passed to any third party unless that third party is involved in the provision of the service.
The client is hereby informed that the supplier and any agent commissioned by them process data by machine in accordance with Section 33 para. 1 of Bundesdatenschutzgesetz (German Data Protection Act) and Section 4 of Teledienstdatenschutzgesetz (German Teleservice Data Protection Act (TDDSG)). The client shall be entitled to ask the supplier to retrieve stored data relating to their person or company at any time and free of charge.
Unless otherwise agreed, payment of fees for the selected tariff shall be made in advance, without deductions, within fourteen days of commencement of the tariff, by bank transfer.
The supplier is entitled to block creation of new events in CrewBrain upon expiry of the current tariff or if the fee for the tariff remains unpaid for more than fourteen days. The supplier is also entitled to delete all a client's data if the tariff has expired for more than one month.
The client alone shall be responsible for content saved by them in CrewBrain. They hereby undertake to observe the applicable German laws. They also undertake to design their content and requests in such a way as to avoid an excessive load on our server. This applies in particular to the automated retrieval of specific contents. The sending of spam mails through CrewBrain is prohibited. If the client discovers a problem with security, or any other fault in the application, they shall advise the supplier of this without delay. The client is also obliged to assist the supplier in remedying faults and security problems by providing them with all the information needed to do so (for instance about the browser or operating system used).
The client shall indemnify the supplier from any claims asserted by third parties arising from the infringement of their intellectual property rights through the content displayed or transmitted by the client on or over the Internet. This indemnification shall take place by way of the client recompensing the supplier for all costs incurred, including costs required for legal defence due to the claim asserted by the third party.
Claims for damages due to infringement of the contractual duty or due to unlawful acts against the supplier and their vicarious agents may only be enforced if intentional or grossly negligent acts can be proven. The above-mentioned exclusion of liability shall not apply to breach of duties essential for the performance of the agreement (cardinal duties). Nor shall it apply in the case of injury to life, limb and/or health.
The supplier shall not be liable for damage incurred to a client's computer as a result of inadequate security measures for data transmission.
Insofar as the client is a businessman, a legal entity under public law or a special fund under public law, liability, except in the case of intent or gross negligence, shall be limited to the sum of the contractual charges which the client has paid to the supplier for the period of two years before the occurrence of the event giving rise to the damage within the scope of the specific contractual relationship.
These Terms and Conditions of Use shall come into effect upon placement of an order.
Should any provision of this agreement between the supplier and the client be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace the provision in question with one that comes as close to their original economic intent as possible.
All legal relationships between the parties are subject to the law of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG). The place of jurisdiction for all disputes associated with this agreement is Baden-Baden, Germany. The language in which the agreement shall be negotiated and concluded is English or German.