General Terms and conditions
These General Terms and Conditions for the Use of wunderdocs (hereinafter: “GTC”) govern the user relationship between Visak UG, Muehlhaeuser Strasse 7, 35396 Giessen, Germany (hereinafter:
“wunderdocs”), and the users of wunderdocs. These GTC shall come into force as of 21.03.2023.
§ 1 Subject matter of the contract and scope of services
The subject matter of the contract is determined by the choice of the user. Depending on the selected service package and volume, the following shall apply
Provision of the web-based Internet application (Software-as-a-Service, in short: SaaS) “wunderdocs” for the synchronization, sending and receiving of documents with third party applications and platforms.
The provision of the products and services of Visak UG takes place within the framework of a continuing obligation. The prices are based on the price list valid at the time of the contract.
The possibility of use during business hours between 8:00 a.m. and 6:00 p.m. may be limited due to care and maintenance work or in the event of unforeseen system failures. A continuous disruption of less than 2 hours does not constitute a disruption of the scope of services.
§ 2 Registration and Conclusion of Contract
In order to use wunderdocs, registration is required by providing complete and truthful information about oneself and the associated company on the website www.wunderdocs.io. The registration process is subject to the following conditions
Registration constitutes an offer to conclude a contract for the use of wunderdocs.
The acceptance of the offer is decided by Visak UG at its own discretion. There is no claim to the conclusion of such a contract. The contract is concluded when Visak UG promptly confirms the registration via the e-mail address provided or by direct activation of access after registration by employees of Visak UG.
Registration is reserved exclusively for commercial car dealers. These may be legal entities or natural persons or partnerships with unlimited legal capacity.
§ 3 Use
The right of use is limited in time to the duration of the contract.
The user is not allowed to leave or make accessible to third parties, to copy, to sell, to rent or to lend.
renting and lending is not permitted.
The user is liable for all activities in connection with the use of his access data, unless he has not violated his existing duties of care.
§ 4 Blocking and Termination
Visak UG reserves the right to temporarily or permanently block access in the case of violation of legal regulations, rights of third parties or these GTC by users or in the case of other legitimate interests of Visak UG.
The notice period for both parties is 4 weeks to the end of the month for an agreed contract period of 1 month, 6 weeks for a contract period of 3 months, 8 weeks for a contract period of 6 or 12 months and 12 weeks for a contract period of 24 months. The notice of termination must be sent in text form by letter to Visak UG, Muehlhaeuser Strasse 7, 35396 Giessen or by e-mail to support@wunderdocs.io. If the contract is not terminated in compliance with the deadlines, the contract will be extended by the agreed contract period.
The right to extraordinary termination remains unaffected.
§ 5 Billing, due date and payment modalities
The user receives corresponding invoices monthly by e-mail.
The claim is due on the date of the conclusion of the contract of each month. The user is in default if the invoice amount is not paid within 14 days. In the event of default, Visak UG is entitled to charge default interest at a rate of 9% p.a. above the prime rate.
The monthly final amount will be automatically collected by direct debit. For this purpose, the user has the option to pay by SEPA or credit card.
If the direct debit fails, the resulting costs shall be borne by the user, unless he is not responsible for the circumstance.
If a direct debit is not executed or is revoked after it has been issued, any payment agreement shall end with immediate effect without the need for a separate notice of termination. In addition, we may, at our discretion, initiate judicial dunning or legal action with respect to all debt relationships. Payment shall be deemed to have been made as soon as we can actually dispose of the amount. We will charge you for returned direct debits in the amount of the actual costs, but at least EUR 10.00 each.
§ 6 Data storage
The storage of collected data takes place exclusively on the servers of Visak UG and its
service providers in accordance with the separately stated privacy policy.
The user may demand the surrender and deletion of the data upon termination of the contractual relationship.
§ 7 Data protection
Visak UG is legally obligated to comply with data protection regulations. The
Visak UG also provides a separate data protection statement at www.wunderdocs.io/privacy-policy
For his part, the user guarantees compliance with data protection regulations, in particular that he has obtained all necessary consents from the persons concerned insofar as he collects, processes or uses personal data when using wunderdocs.
§ 8 Duties of the User to Cooperate
In order to achieve the best possible performance, wunderdocs should only be used with the browsers Google Chrome or Mozilla Firefox without the use of function-restricting browser plug-ins. When transferring documents from wunderdocs to third party systems, the user is obliged to check the transferred data for completeness and accuracy. Visak UG assumes no liability that data exported to and from third party systems will be transmitted without errors and in full and will be processed and displayed correctly. Visak UG assumes no liability for the transmitted content of the user.
With the initial use of wunderdocs, the user accepts the products and services of Visak UG. Defects occurring during this process are to be reported by the user in text form within a period of 2 weeks.
The user bears the legal risk for the correctness and/or completeness of the data deposited by the user and merely retrieved and transmitted by wunderdocs and wunderdocs is not responsible for this.
§ 9 Indemnification
The user indemnifies Visak UG including its employees and representatives from all claims of third parties, which third parties assert due to the violation of their rights based on or in connection with an illegal use of wunderdocs for which the user is responsible. The costs of the necessary legal defense by wunderdocs including all court and attorney fees shall be borne by the user. The user shall fully indemnify WD from all damages and costs arising from the further use and transmission of the data and any damages and costs arising therefrom.
§ 10 Interference by the user
The user undertakes to refrain from all activities which are aimed at making wunderdocs, all interfaces and functions non-functional or making their use more difficult and from all activities which result in an unreasonable
infrastructure of the aforementioned areas.
§ 11 Warranty
Visak UG does not assume any warranty for the secure, uninterrupted or error-free operation of wunderdocs and all interfaces.
§ 12 Claim to availability
The information provided on the wunderdocs website (www.wunderdocs.io) is for descriptive purposes only. There is no claim to the existence of specific properties resulting from this with regard to the products and services of Visak UG.
§ 13 Limitation of liability
The Visak UG is liable only for intent or gross negligence, except in the case of breach of fundamental contractual obligations and except in the case of the assumption of express warranties by the Visak UG and for damages arising from injury to life, limb or health, as well as in the case of mandatory statutory provisions. The Visak UG is liable in full amount for damages or injury to life, body or health. Otherwise, the damage is limited to the damage typically foreseeable at the time of the conclusion of the contract.
§ 14 Authorship
All existing rights to wunderdocs or other products of Visak UG, including all intellectual property rights such as copyrights, trademark rights, patents and all other property rights, remain the exclusive and unrestricted property of Visak UG.
§ 15 Applicable law, place of jurisdiction
The contract of use including these terms and conditions is subject to the german law under exclusion of the UN Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all disputes arising from the user contract and these GTC is Frankfurt am Main, Germany.
§ 16 Changes
The Visak UG undertakes to announce price changes to the user in good time so that the user has the opportunity to terminate the contract within the contractually agreed cancellation period. If the user does not do so even though he continues to use the services of Visak UG, the price change shall take effect on the date of its validity.
Visak UG reserves the right to change the GTC at any time and without giving reasons after giving notice to the user in writing at least two weeks before the change takes effect. If no written objection is made within these two weeks, the amended GTC shall be deemed accepted.
§ 17 Severability clause
Should individual provisions of these General Terms and Conditions of Use be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced first and foremost by provisions that correspond most closely to the invalid provisions and secondly by the statutory provisions.
