Terms and Conditions vOffice World

§ 1 General Provisions and Permissible Use

The subject matter is the licensing and operation of the vOffice World software and the associated vOffice server services.

Licensees can only be VAT-liable companies, freelancers, organizations, public authorities, and institutions. Private use by end consumers is not permitted.

Licensees who pursue unlawful, racist, immoral, offensive purposes or goals, etc., will not be admitted or will be excluded. The licensee agrees not to engage in or transmit prohibited or illegal communications.

Where there are separate license agreements for products (e.g., software license agreements or subscription terms in the store, third-party provider terms, etc.), these shall apply in addition. Services from vOffice World are provided exclusively based on these terms and conditions, as valid at the time of use. Deviating provisions shall only be effective if agreed upon in writing between all parties. This written form requirement also applies to the waiver of the written form. Registration for vOffice World is free of charge. Usage-based or recurring fees may apply when and to the extent that vOffice services are used, or products or services are licensed, activated, or subscribed to. vOffice World is entitled to block customers entirely or partially with immediate effect for a valid reason, for example, if there is a violation of essential contractual obligations.

Electronic communication with the customer is deemed agreed upon.

§ 2 Contractual Relationship, Service Description

1. vOffice World is an internet browser-based program that ensures the location-independent virtualization of a company’s organization for small and medium-sized businesses, providing secure peer-to-peer video, audio, text messaging, and file communication within vOffice and with third parties.

2. The volume of data transmitted and stored in the vOffice World system, the number of participants in vOffice World services and depictable organizational structures, the supported internet browsers, as well as the number of simultaneous audio/video connections, are limited according to the values published on the vOffice World website.

3. vOffice World reserves the right to make changes to its services at any time as part of product development and maintenance. vOffice World may temporarily or permanently modify or discontinue certain features or services for a valid reason, provided that this is reasonable for the customer or if a significant and justifiable reason, clearly identifiable in advance, exists. Such a significant reason for limiting, discontinuing, or changing vOffice services is particularly present if:

• a service or product can no longer be maintained due to legal reasons, particularly data protection regulations, or
• a product originally provided by a cooperation partner is no longer available, or
• insurmountable technical difficulties arise in maintaining the availability of services or products, or
• providing services or products and maintaining their availability no longer appear reasonable for operational or business reasons.

vOffice World will communicate any changes via email, within the software, or through web information/web pages. Notification may also be made through other means. The contractual relationship will then continue under the new conditions/features.

4. Email support and hotline support are provided from Monday to Friday during office hours in German, English, and Spanish.

§ 3 Conclusion of the Contract

The contract is formed when the customer registers on the website https://voffice-world.com/ and agrees to the terms and conditions for vOffice World as well as the privacy policy for vOffice World. Additionally, the terms of use of Shopify and Stripe must be accepted.

§ 4 Duties and Obligations of the Customer

1. The customer is responsible for the correct input of their data when using the vOffice World services and must provide truthful, accurate, up-to-date, and complete information about themselves (registration data) and regularly update this information. If the customer violates this obligation, or if vOffice World suspects that the registration data is not current, false, or incomplete, vOffice World is entitled to temporarily or permanently block or delete the customer’s online account, in whole or in part, and exclude the customer from using individual or all services, both currently and in the future. The same applies in the event of significant violations of the customer's obligations or if there are substantial grounds for suspecting a violation by the customer.

2. The customer must ensure that their access data to vOffice World are not disclosed to third parties.

3. The customer is responsible for all actions taken using their vOffice World access data in connection with their vOffice World online account. The customer is obliged to immediately notify vOffice World of any misuse of the vOffice World access data and/or the online account, as well as any other breach of customer-related security regulations.

4. vOffice World software and services are continuously updated. The installation of current updates is a prerequisite for the operation of the latest functionalities and the overall functionality of the vOffice World services, which may be impaired or unavailable if updates are not installed.

5. The customer is responsible for the content uploaded or distributed via their online account, particularly for its legality. The responsibility for all media and content, i.e., information, data, texts, software, photos, graphics, videos, messages, or other materials transmitted, lies solely with the customer, i.e., the user. The customer may not send any content containing harmful code, software viruses, spam or advertising code, or other information, files, or programs that could interrupt, destroy, and/or restrict the functionality of software, hardware, or telecommunications devices.

6. The customer indemnifies vOffice World against any claims from third parties who suffer damages due to the violation of the provisions of these terms and conditions. vOffice World reserves the right, in the event of a breach of these terms and conditions, to block and, if necessary, delete the customer's online account, and to no longer make the customer’s content on vOffice World servers publicly accessible or to delete it.

§ 5 Data Storage and Data Protection

1. vOffice World informs the customer that the customer data collected in connection with the conclusion of the contract is processed and used in accordance with the (German) Federal Data Protection Act (BDSG), the EU General Data Protection Regulation (GDPR), and the (German) Telemedia Act (TMG) to fulfill the contractual obligations. Personal customer data may only be transferred to third parties if and to the extent that a legal obligation exists for such transfer. The aforementioned data (excluding access data) may also be transmitted to agents and carefully selected partners of vOffice World, in accordance with Article 28 GDPR, for the purpose of credit checks. Personal customer data may only be transferred to third parties if and to the extent that a legal obligation exists for such transfer.

2. In addition, any data processing agreement (DPA) in accordance with Article 28 GDPR that may have been concluded with the customer shall apply, which the customer accepts at the time of contract conclusion and will additionally be sent to the customer by email after the conclusion of the contract.

3. The general privacy policy of vOffice World, as well as any product-specific provisions that may be displayed during use, shall apply in addition.

4. The customer consents to the electronic storage and processing of the data required for processing in accordance with the vOffice World privacy policy. For the purpose of communicating the customer status (initiation/termination of the contractual relationship), the contact details will be forwarded to the vOffice World cooperation partners. The customer acknowledges that they have read the vOffice World privacy policy, which forms part of this contract.

§ 6 Limitation of Liability

1. vOffice World is not liable in any way for the consequences of freeware products, services, etc., provided free of charge, except in cases of intentional or fraudulent conduct by its own employees.

2. For paid products, services, etc., the following liability limitations apply as detailed in sections a) to f):

a) vOffice World is not liable for damages causally resulting from a breach of duty attributable to the customer, provided that such damages would not have occurred with proper conduct by the customer. Additionally, the customer is informed that data communication over the internet, based on the current state of technology, cannot be guaranteed to be entirely error-free and/or available at all times. Therefore, vOffice World is not liable for the continuous and uninterrupted availability of the online system, nor for any technical or electronic errors in the vOffice World software, applications, and services. vOffice World will make every effort to provide the vOffice World services with as few interruptions as possible but cannot guarantee that the products and services will always function without interruptions, delays, or defects. This is due to the fact that the products may be transmitted over (public) internet lines, making power outages or internet service interruptions possible, leading to issues such as data packet loss and delays that could impair the quality of communication.

b) For other liability claims, vOffice World is only fully liable in the absence of guaranteed characteristics and for intent and gross negligence, including that of its legal representatives and senior executives. vOffice World is liable for the negligence of other vicarious agents only to the extent of liability for slight negligence.

c) vOffice World is liable for slight negligence only if a duty is violated that is of particular importance for achieving the purpose of the contract (cardinal obligation). In the event of slight negligence in violating a cardinal obligation, liability is limited to foreseeable, contract-typical damages.

d) Liability for data loss is limited to the typical recovery effort that would have occurred with regular and appropriate backups, unless one of the conditions outlined in sections a) or c) above applies.

e) Liability under the Product Liability Act or in accordance with the DPA in connection with the relevant GDPR provisions remains unaffected.

f) Contractual liability claims expire after one year.

§ 7 Customer Liability, Consequences of Breaches of Obligations

In the event of violations of third-party rights for which the customer is responsible, the customer is directly and personally liable to those third parties. In the case of justified claims by third parties, the customer is obligated to indemnify vOffice World, unless the customer can prove that they are not responsible for the breach of duty that caused the damage.

§ 8 Payment Obligations, Billing, Administration, Electronic Invoices

1. The vOffice World fees are determined by the current price list available on the website. Changes take effect from the second month following the notification to the customer, unless the customer terminates the contract.

2. The number of vOffice World participants, which is relevant for the fee calculation, is determined once a month per vOffice World and electronically transmitted to the licensor along with the customer number. An invoice or calculation is issued by the 15th of the month, and payment must be made by the end of the month or is collected after the 15th of the month.

3. RA-MICRO Software AG shall be responsible for the collection of all fees arising from the services provided by vOffice World to its customers. RAM is hereby authorized and empowered to receive and duly process the relevant payments.

4. Legally valid invoices or VAT receipts are provided in electronic form. These are either made available for viewing and downloading in the customer account or sent via email.

5. The customer has the right to offset only if their counterclaim has been legally established, is undisputed, or has been acknowledged. The right of retention, particularly the defense of non-performance of the contract, remains unaffected. In the case of a justified suspension, the payment obligation as well as the assertion of further claims due to payment default remain in force.

6. If the licensee is in arrears with more than one monthly fee, vOffice World may suspend access, and the right to terminate at the end of the month is reserved.

§ 9 Termination, Duration of Paid Products

1. This license agreement is concluded for an indefinite period. Either party may terminate this agreement by providing written notice of termination at least one month prior to the end of a calendar month. For the Customer, such notice shall be sent in writing to info@voffice-world.com. The termination will take effect at the end of the respective calendar month.

2. The contractual relationship may also be terminated by vOffice World without notice for a valid reason, particularly if the customer is in default of payment for two consecutive months or a significant portion thereof, or if it is unreasonable for vOffice World to continue the contractual relationship, e.g., because the basis of the business has ceased or the contractual relationship of trust no longer exists.

3. Unless otherwise agreed, the customer is obligated to immediately remove the vOffice World software from their systems upon termination of the contractual relationship.

§ 10 Data Processing, Applicability of Further Terms and Special Provisions

1. In the context of data processing, the customer is solely responsible for compliance with both the EU General Data Protection Regulation (GDPR) and other data protection regulations in relation to the data and records requested or transmitted via vOffice World services. The customer undertakes to provide vOffice World in writing with the names and contact details (name, organization, phone number, etc.) of the persons authorized to give instructions to vOffice World or act as points of contact regarding data processing.

2. The customer is further obligated to promptly and fully inform the contractor of any known errors or irregularities in data processing.

3. vOffice World undertakes to collect, process, and use the data transmitted to it only for the intended purpose and within the framework of the customer's instructions (see above regarding instructions and authorization to issue instructions), i.e., solely within the scope of using the vOffice services. vOffice World shall take the necessary technical and organizational measures in accordance with Article 32 of the GDPR to ensure compliance with data protection regulations. vOffice World will immediately inform the customer in the event of significant operational disruptions, suspected data protection violations, or other irregularities in the processing of the customer's data.

4. Upon the customer's written request, vOffice World will provide the customer with the information needed to fulfill its data protection obligations.

§ 11 Changes to Terms and Conditions, Service Descriptions, Prices, Price Increases, Services from Third-Party Providers

1. Changes to these terms and conditions are permissible if they do not affect essential provisions of the contract and are necessary to adapt to current developments that were not foreseeable at the time of contract conclusion and whose omission would significantly impair the balance of the contractual relationship. The terms and conditions may also be adjusted, supplemented, or otherwise modified if this is required to eliminate difficulties in the performance of the contract, e.g., due to regulatory gaps that have arisen after the contract was concluded, such as changes in case law affecting one or more clauses of these terms and conditions.

2. The prices listed in the online account, vOffice World Store, or indicated within the product or service apply to the use of individual services. All prices for individual paid content or services are net prices, exclusive of VAT (currently 5%). The fee is derived from the relevant information on the vOffice World homepage. If the customer is in arrears for more than two weeks, vOffice World will suspend the service; access to vOffice World is blocked until payment is made.

3. Agreed prices, especially prices for ongoing subscriptions, may be increased to offset rising costs, e.g., if VAT is increased or the prices of service providers rise. Price changes/increases will be communicated to the customer by vOffice World with one month's notice at the end of the month in written form. The changes are deemed approved by the customer if the customer does not object in writing within one month after being notified of the changes. vOffice World will expressly inform the customer of this consequence when making the change. The timely dispatch of the objection is sufficient to meet the deadline.

4. If services provided by third-party providers are used, the terms and conditions of those providers apply in addition. A list of the currently valid terms and conditions is published on the vOffice World website.

§ 12 Trial, Test, and Basic Versions of Software or Services

vOffice World may offer software, services, and applications with free, limited basic functionality, for example, for a specific trial period. vOffice World will inform the customer about the nature and scope of the functionalities. vOffice World is entitled to delete the customer's data and records stored on vOffice World servers upon the expiration of the trial period.

§ 13 Miscellaneous

1. The law of the Federal Republic of Germany applies. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

2. The exclusive place of jurisdiction is Berlin. This also applies if the customer does not have a general place of jurisdiction within Germany, relocates their residence or habitual place of abode abroad after the conclusion of the contract, or if the customer's residence or habitual place of abode is unknown at the time of filing the lawsuit.

3. Rights and obligations under this contract may only be transferred to third parties with the prior written consent of vOffice World.

4. As mentioned in § 3, the terms and conditions of Shopify and Stripe are incorporated into these General Terms and Conditions for vOffice World.