General Terms and Conditions of pakaneo GmbH The SaaS shipping and warehouse management software — risk-free. No credit card, no PayPal — try it for free first! The pakaneo promise.
Scope pakaneo GmbH (hereinafter referred to as pakaneo) provides its services during the contract initiation phase on the basis of these terms and conditions, which form part of the service agreement. Deviations from these terms and conditions are only effective if confirmed in writing by pakaneo. pakaneo is entitled to amend these General Terms and Conditions at any time with reasonable notice. Following publication of a notice of amendment, the customer has the right to terminate the agreement with immediate effect. Amendments are deemed approved if the customer does not object in writing within 14 days.
Formation of Contract The contract for the use of services offered by pakaneo is concluded when a representative authorized by pakaneo accepts the order placed by the customer. Acceptance is confirmed either implicitly or in writing by the first act of performance. Where pakaneo uses third parties to fulfill the agreed service, those third parties do not become parties to the customer's contract. pakaneo is entitled to refuse to conclude a contract without giving reasons.
Contract Duration and Termination Contracts commence on the date of the first act of performance, unless otherwise agreed in the service contract. Contracts are concluded for an indefinite period and may be terminated by either party with 7 days' notice to the end of the contract period. Contracts automatically renew until the end of the month. The right of either party to extraordinary termination (termination for good cause) remains unaffected. Any trial access expires automatically at the end of the respective trial period and does not need to be cancelled. Revocation of a direct debit mandate is equivalent to extraordinary termination. Termination may be effected by email or letter and takes effect upon receipt. Fees already paid will not be refunded. Cancellation of a pakaneo subscription also terminates any associated PayPal subscription. After the subscription expires, the user's access to the system will be suspended.
Scope of Services pakaneo provides the customer, in accordance with the respective service agreement, with the technical conditions for the publication of programs on the internet and guarantees an availability of the portal of 99.9% per product annually. Excluded from this are periods during which the servers are inaccessible via the internet due to technical or other problems beyond pakaneo's control (force majeure, fault of third parties, etc.). Planned or necessary maintenance work leading to downtime that was previously communicated as a maintenance window is considered available. The contractually agreed service packages and options are also part of the service obligation. pakaneo reserves the right to modify or improve services. In the event of a reduction in the scope of services, the customer has the right to extraordinary termination. Where services are provided free of charge, pakaneo is entitled to discontinue them without notice and without prior announcement. No claims for reduction, reimbursement, or damages may be asserted as a result. In the event of a fundamental change in the legal or technical standards of the internet, pakaneo is permitted to terminate extraordinarily if it becomes unreasonable for pakaneo to provide its services in whole or in part within the scope of the contract.
Confidentiality and Data Protection pakaneo undertakes to keep confidential all information and documents accessible in connection with the conclusion of the contract that are designated as confidential or are otherwise clearly identifiable as trade or business secrets of the customer, and not to record, disclose, or exploit them beyond what is necessary to achieve the purpose of the contract. pakaneo has ensured through appropriate contractual arrangements with its employees and/or contractors that they also refrain from any independent exploitation, disclosure, or unauthorized recording of such trade and business secrets. Corresponding obligations apply to the customer with regard to pakaneo's trade and business secrets. The customer agrees that their personal data received in the context of the business relationship will be stored electronically and processed automatically for the purpose of handling the business relationship. The customer is hereby informed that pakaneo and authorized agents process their data by machine in accordance with § 33 para. 1 of the Federal Data Protection Act and § 4 of the Telemedia Data Protection Act (TDDSG). The customer is entitled to request free of charge at any time information about the data stored about them or their pseudonym from pakaneo. pakaneo undertakes to use this data solely for the provision of services and not to disclose it to third parties, unless those third parties are involved in service delivery. The customer indemnifies pakaneo against all third-party claims relating to customer-provided data. Unless otherwise agreed, the customer consents to communication by email. Despite all care, computer viruses or similar may be transmitted during email communication. The customer must take appropriate security measures to prevent damage to their systems. Emails may be read by third parties. This risk is reduced but not entirely eliminated by encryption. The customer accepts this risk.
Payment Terms All prices stated by pakaneo are exclusive of statutory VAT, unless otherwise indicated. The agreed base fees are payable in accordance with the contractual agreement and become due upon receipt of the invoice. If the monthly subscription fee is not paid on time, the user's access to the system may be suspended. Access to the system will be restored upon receipt of payment. Offsetting with disputed or legally unestablished counterclaims, as well as withholding of payments by the customer on account of counterclaims from other contractual relationships, is excluded. The pakaneo subscription automatically switches to the most favorable rate; additional transactions may be charged if applicable.
Limitation of Liability Claims for damages due to breach of obligations arising from a contractual relationship and due to unlawful acts may only be asserted against pakaneo and its agents where intentional or grossly negligent conduct can be proven. The aforementioned exclusion of liability does not apply to the breach of fundamental contractual obligations (cardinal obligations). Likewise, pakaneo's liability for warranted characteristics, personal injury, and mandatory statutory provisions remains unaffected. pakaneo is not responsible for service disruptions caused by force majeure, in particular the failure or overload of global communication networks. For this reason, the customer may not claim a reduction in their payment obligations. pakaneo is not liable for information published through its services. The sender is responsible for its accuracy, completeness, and timeliness. pakaneo is not liable for damage to the customer's systems caused by inadequate security measures during data transmission.
Severability Clause Should any provision of these terms and conditions be invalid, the validity of the remaining provisions shall not be affected.
Applicable Law and Jurisdiction German law applies. The place of jurisdiction for all disputes arising from the contractual relationship between the parties is Berlin.
As of: 15 August 2023
Data Processing Agreement (DPA) The provisions on commissioned data processing and data protection are agreed in a separate DPA.
Right of Withdrawal You may withdraw from your contractual declaration within two weeks without giving reasons, in text form (e.g., letter, fax, email) or — if the item is handed over to you before the deadline — by returning the item. The deadline begins after receipt of this notice in text form, but not before the goods have been received by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before we have fulfilled our information obligations pursuant to § 312c para. 1 BGB in conjunction with Art. 246 §§ 1 and 2 EGBGB and our obligations pursuant to § 312e para. 1 sentence 1 BGB in conjunction with Art. 246 § 3 EGBGB. Timely dispatch of the withdrawal notice or the item is sufficient to meet the withdrawal deadline. The withdrawal must be addressed to:
pakaneo GmbH · Markwiesenstr. 40 · 72770 Reutlingen · Email: support@pakaneo.com