These terms and conditions apply to all business between users and Rasshofer Ltd. for the delivery of the service clementime, which is available at clementime.com at the internet. Decisive is the contract effective at the time of conclusion of contract. Any differing terms and conditions of the user shall not apply unless this was expressly agreed by Rasshofer Ltd. in written or text form. Latest with the account-creation at clementime, the user acknowledges the validity of these terms and conditions.
Rasshofer Ltd. provides the opportunity to easily track and flexibly evaluate working-times with the service clementime. clementime is a service that's accessible over the internet. Not subject of the services of Rasshofer Ltd. is the internet-access, which is required for the use of clementime. Rasshofer Ltd. reserves the right to extend and/or improve the services offered at any time. A claim for the provision of additional functionality beyond the previous named services however doesn't exist.
An usage relationship is achieved with successful completion of the account-creation. The account-creation is successfully completed as soon as the user logs in with his user-account the first time. The usage relationship is subject to a "Pay as much as you want"-regulation. Customers can support clementime with voluntary payments – but the client decides whether and how strongly he wants to support clementime. Users with administrative rights can choose the fair amount at the menu-item 'Administration'. The contract runs for an indefinite period.
You can revoke your contractual declaration within 14 days without being required to state reasons for so doing in text form (e.g. letter, email). The timeframe will begin to run after the receipt of these instructions in text form, but not before the conclusion of the contractual agreement and also not before the fulfilment of our notification obligations specified in Article 246 § 2 in conjunction with § 1 Paras. 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our obligations specified in § 312e Para. 1 Clause 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB. In order to meet the revocation deadline, the timely sending of the revocation will suffice. The revocation must be sent to:
Am Fischerberg 12
If a valid revocation is made, the services/performances received by both parties must be returned/restored and, where applicable, any benefits obtained (e.g. interest) must be returned/restored. If you can't return/restore the service that you've received in whole or partially or only in a deteriorated condition, you must then pay us compensation in this regard. This may result in your being required to nonetheless fulfil the contractual payment obligations for the timeframe until revocation was made. Obligations to make reimbursement of payments must be fulfilled within 30 days. The timeframe will begin to run for you when you send your declaration of revocation; for us, when we receive it.
Your right of revocation will end early if the contractual agreement has been completely fulfilled by both parties because you had expressly requested this before you exercised your right of revocation. A right of revocation is valid in accordance with § 312b BGB only for consumers. If the user isn't a consumer in accordance with § 13 BGB and uses clementime, no right of revocation will be valid. In each case, a click on the 'Create invoice and renew account with an obligation to pay'-button is considered to be a contractual declaration.
Users with administrative rights can terminate the contract for the use of clementime at any time at the menu-item 'Administration'. If the user can't use this opportunity, the termination can also be explained to Rasshofer Ltd. in writing or in text-form. In addition, users with administrative rights can download backup-copies of data of a clementime-account in a processable format at the menu-item 'Administration'. After a period of 14 days after termination of the account the account will be deleted. Rasshofer Ltd. has the right to terminate the contractual relationship with a user without notice for any reason with immediate effect. In case of improper use (see § 6) of clementime, which leads to significant impairment of services of Rasshofer Ltd., Rasshofer Ltd. reserves the extraordinary right of termination of the contract. However, any right of extraordinary termination of the user or Rasshofer Ltd. remains unaffected.
The user is obliged to provide information to his billing-address, which is specified in the context of the account-creation or -modification, truthfully, if the user wants to support clementime with voluntary payments. The user is obliged to handle the access-data for his clementime-account confidential and protect it from the unauthorized information by third parties. The user is prohibited to abusive use services of Rasshofer Ltd. – especially the service clementime. An abusive use especially is the publication or distribution of illegal or defamatory contents or the use of assistive technology or methods, which may affect the functionality of the services (software, scripts, bots , …). Rasshofer Ltd. is authorized to delete user-generated content that's unlawful and/or abusive immediately.
Rasshofer Ltd. provides an opportunity to additionally access data via a so-called "API" ("Application Programming Interface") to all clementime-users. Access via this API is enabled by default. If a third-party-service shall receive access to data of an account or user via the API, the additional submission of the API key in the particular service is required. Rasshofer Ltd. isn't responsible for services or use of services by third parties that receive data via the API to access the account or the user.
Rasshofer Ltd. gives each user a non-exclusive right to use clementime for the duration of the contract for their own purposes. This usage right isn't transferable. clementime is a web-service which is rendered by accessing Rasshofer Ltd.'s servers. The software isn't supplied to the user. If updates, upgrades or other changes are made to clementime during the term of the contract, the above provisions apply.
Rasshofer Ltd. ensures an availability of services within the meaning of § 2 in the amount of 95% annual average. Excluded from the warranty are service-defects which Rasshofer Ltd isn't responsible for.
If intentional wrongdoing or gross negligence has been committed, Rasshofer Ltd. will be liable for all damages in unlimited fashion that have been caused by Rasshofer Ltd. in conjunction with the rendering of the contractual services. If simple negligence has been committed, Rasshofer Ltd. will be liable in unlimited fashion if loss of life, physical injury or damage to health has occurred. For free-of-charge services, Rasshofer Ltd. will have no liability beyond the previously specified liability. Rasshofer Ltd. will be liable in conjunction with the rendering of fee-based services only insofar as Rasshofer Ltd. has violated an essential contractual obligation. Essential contractual violations refer abstractly to such obligations whose fulfilment only then makes the proper implementation of the contractual agreement possible at all and upon whose fulfilment the user may regularly rely. In these cases, liability will be limited to providing damage compensation for foreseeable, typically occurring damages. As far as the liability of Rasshofer Ltd. is excluded or limited in accordance with the aforementioned provisions, this will also be valid for the service provider's vicarious agents. Liability in accordance with the German Product Liability Act will remain unaffected.
Rasshofer Ltd. can change any clauses in these terms and conditions at any time without giving reasons in accordance with the following conditions. Changes in the terms and conditions will be sent to the member by email at least two weeks prior to taking effect. The amended clauses are adopted if the member doesn't contradict the applicability of the revised terms and conditions within two weeks. Rasshofer Ltd. can terminate the contract with the member properly with a period of fourteen days in case of a contradiction.
The law of the Federal Republic of Germany applies, where the validity of the UN Convention on Contracts for the International Sale of Goods is excluded. If any clause of these terms and conditions or any clause in any other contractual agreement is or becomes invalid, the validity of the remaining clauses or agreements isn't affected. The fully or partially invalid clause or agreement shall be replaced by a clause whose economic success approaches the invalid clause's one.