Terms: General Terms and Conditions of Mailtastic 2019

Sales: +49 (0) 6131 633 86 58

General terms and conditions

Dear customer,

Good and reliable relationships are an important basis for our business.
We have described the common rules of the game in our general terms and conditions.

Please refer to our data protection declaration for data protection.

Große Bleiche 10
55116 Mainz

§ 1. subject matter of the contract

NETSTAG (hereinafter: Mailtastic Software, NETSTAG or Mailtastic) develops and operates software solutions that help to manage, exchange and analyze advertising banners in e-mail signatures. The provision of Mailtastic software by NETSTAG and the obligations of the user of this software (hereinafter "Company" or "Customer") (collectively "the Parties") are regulated below

§ 2. conclusion of contract

2.1 These GTC apply exclusively to legal entities or commercially active, unrestrictedly contractually capable persons or freelancers or companies within the meaning of § 14 BGB (German Civil Code).

2.2 The company applies for the use of the Mailtastic software via an online order form and declares with this application that it is acting in the exercise of a commercial or self-employed professional activity. In addition, it acknowledges the NETSTAG GTC and the NETSTAG Privacy Policy by ticking the appropriate box or by signature or e-mail confirmation. NETSTAG asks for the following data in particular during registration: IP address (is automatically determined), company, first name, surname, country, street, house number, postal code, city, telephone number, e-mail address, website, bank account number, bank account holder and bank code. The data requested during registration must all be truthful. The registration form can be sent not only online but also by post or fax to NETSTAG's business address. A legally binding contract between the company and NETSTAG is concluded by agreeing to the GTC online or by confirming the written offer by e-mail or by sending the signed form by post or fax. If the data provided by the company during registration changes, it is obliged to notify NETSTAG immediately.

2.3 With the registration, the current scope of services, the current prices (currently under https://www.mailtastic.de/preise/) as well as the currently valid version of the GTC and the data protection declaration are saved under the customer transaction and serve as the contractual basis. Costs are incurred by the company only after expiration of the test phase and active extension of use.

§ 3. services and duties of NETSTAG

3.1 NETSTAG shall distinguish between three different standard software packages which NETSTAG makes available to the Company during the term of the contract: Professional, Business and Enterprise with different scope of services. The price stated at http://www.mailtastic.de/preise/ is valid for one license (= one user) for the respective package; the customer can use Mailtastic with any number of users by booking the licenses accordingly. NETSTAG reserves the right to make additional offers to individual companies.

3.2 NETSTAG grants the customer access for the use of the Mailtastic software for the duration of the contract. The Mailtastic software can be used via the SaaS solution operated by NETSTAG at the address sent by e-mail or via the customer area.

3.3 The respective complete and current functional scope of the service provided by NETSTAG can be viewed at any time on the Mailtastic website (http://www.mailtastic.de/preise/).

3.4 NETSTAG undertakes to keep secret all data and information received from the hosted Mailtastic account of the company and not to use it for its own purposes or pass it on to third parties. All data remain in the possession of the customer. Please refer to the data protection declaration for details on data protection.

3.5 All server and system components of the Mailtastic service are operated in a network with computers/servers. The data configured by companies is securely stored using state-of-the-art technology. NETSTAG generally performs scheduled maintenance on all Mailtastic services at regular intervals, preferably at night.

The hosted information and files are backed up at regular intervals and backed up to various backups. Mailtastic has the highest security standards and acts with the utmost care, as stated in the Privacy Policy, which also includes information about hosting.

§ 4. obligations of the company

4.1 The company may not misuse the Mailtastic software, in particular it is responsible for the contents of the advertising banners itself.

4.2 The company will refrain from all activities aimed at rendering the Mailtastic software inoperable, manipulating it or complicating its use.

4.3 The company is obliged to protect the Mailtastic access data (user name and account password) against unauthorised use by third parties and to keep them secret. It must notify NETSTAG immediately if it has reasonable grounds to suspect misuse.

4.4 The company is not permitted to modify, rent, sell, translate or pass on or transfer the Mailtastic software to third parties in any form.

4.5 The company is responsible for the way in which the Mailtastic software is used.

4.6 The company is not allowed to have several natural persons or several e-mail accounts work with only one Mailtastic license. The Company must also purchase additional licenses from NETSTAG for additional users.

§ 5. free test, contract duration, end of contract, upgrade, booking of additional license

5.1 Every customer has the opportunity to test Mailtastic free of charge and without obligation via the registration form. Once the trial period has expired, Mailtastic can no longer be used free of charge. For use beyond the trial month, Mailtastic must be actively extended, then the prices stated at http://www.mailtastic.de/preise for further use are due monthly and per user.

5.2 The contract period begins when the contract is concluded according to §5.1.

5.3 The contract period is 1 month and can be terminated two weeks before the end of the contract period. If the contract is not terminated in due time, the contract is automatically extended by a further month according to the existing conditions. If the customer chooses an advance payment and thus a longer contract term - e.g. 12, 24 or more months - this contract term is valid and can be terminated with a notice period of four weeks before expiration. If the contract is not terminated in due time, the contract shall be automatically extended by the previously valid contract term under the existing conditions.

The cancellation must be made in writing by e-mail, fax or letter post. With the termination the agreement about the use of the Mailtastic software ends at the same time. The right to extraordinary termination for important reasons remains unaffected. An important reason for the extraordinary termination by NETSTAG is in particular if the company does not fulfill an obligation according to § 4 despite a warning or repeatedly or if the company seriously and finally refuses to fulfill these obligations or is in default with the payment of a monthly fee.

5.4 Customers with whom a longer free trial period has been agreed, this can be the case, for example, through a special campaign, can use Mailtastic free of charge according to this campaign.

5.5 If the Company decides to upgrade to a higher-quality Mailtastic service during the term of the contract, this service will be available to it with immediate effect for all active licenses. An upgrade always refers to an entire account with all licenses contained therein. The higher-value service is then billed immediately according to the agreed term, the contract term is not extended, but remains, fees already paid will be charged accordingly on the next invoice.

5.6 The company can add additional licenses to the existing Mailtastic account at any time. The price per license, as well as the duration, period of notice and payment modalities depend on the conditions set out in the existing contract. The booking of further licenses does not affect the existing contract and does not change the contract term - the new licenses run until the same time as the existing licenses.

§ 6. prices, terms of billing and payment

6.1 For the use of Professional, Business and Enterprise, the Company shall pay the agreed usage fee in accordance with the contract period/selected advance payment in advance at the beginning of each month.

6.2 With the conclusion of the contract, the company authorizes NETSTAG revocably - unless payment by invoice or PayPal has been agreed - to collect the payments to be paid by the company from the named bank account by direct debit when due. If the bank account does not have the required coverage, the account-holding bank has no obligation to redeem. Partial payments shall not be made by direct debit.

6.3 NETSTAG may charge a flat fee of EUR 20 per returned direct debit for processing and bank charges. The company is entitled to prove that a damage did not occur or that the resulting claim for compensation is lower than the lump sum.

6.4 NETSTAG invoices are due immediately upon receipt. The company is obliged to pay the invoices no later than 14 days after due date.

6.5 In the event of default in payment, NETSTAG shall be entitled to charge default interest at a rate of six percent above the base interest rate of the European Central Bank applicable from time to time.

6.6 NETSTAG reserves the right to refuse access to the Mailtastic software if the company is in default with the payment of due fees.

§ 7. warranty and liability

7.1 NETSTAG shall be liable for damages caused intentionally or through gross negligence by NETSTAG or its employees.

7.2 NETSTAG does not guarantee that the Mailtastic software is available, reachable and free of errors at all times. Due to technical circumstances over which NETSTAG has no influence, access and transmission delays or failures may occur.

7.3 NETSTAG excludes liability for slightly negligent breaches of duty, provided that these do not affect any essential contractual obligations, affect life, health or body or affect claims under the Product Liability Act. The same applies to breaches of duty by vicarious agents. NETSTAG also excludes any liability for possible consequences if the company does not use the Mailtastic software properly and to the best of its knowledge and belief.

7.4 In case of slightly negligent violation of a contractual obligation, liability is limited to the total amount that the company has to pay for the use of the Mailtastic software during the term of the contract as well as to such damages that typically have to be expected within the scope of the contract. Liability for damages that are not typical for the contract, consequential damages and loss of profit is excluded.

7.5 Insofar as NETSTAG provides technical information or acts in an advisory capacity and this information or advice is not part of the contractually agreed scope of services owed by it, this shall be done free of charge and to the exclusion of any liability.

7.6 NETSTAG cannot be held responsible for the decline or stagnation of the campaign services and the associated effects on visitor numbers or sales after use of Mailtastic.

7.7 NETSTAG does not guarantee that the website operated by NETSTAG is available throughout.

§ 8 Final provisions

8.1 During the term of this Agreement, Customer grants NETSTAG a worldwide, non-exclusive, non-transferable, royalty-free license to use its name and logo for marketing and promotional materials of NETSTAG, including marketing and promotional materials on the Web Site.

8.2 The place of jurisdiction for any disputes arising from the business relationship between NETSTAG and the Company shall be Offenbach, Germany.

8.3 The relationship between NETSTAG and the Company shall be governed exclusively by the laws of the Federal Republic of Germany.

8.4 The company shall be notified in writing (§ 126b BGB) of any changes to these General Terms and Conditions and prices. The changes shall be deemed approved if the Company does not object to them in writing. NETSTAG shall make special reference to this consequence in the notification. The objection must be received within two weeks of receipt of the notification.

8.5 Declarations and notices of termination relating to the contract shall only be valid if received in writing.

8.6 If any provision of these terms of use is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed to be replaced by a provision which most closely approximates the economic purpose of the invalid provision in a legally effective manner. The same applies to any loopholes.

These are the General Terms and Conditions (GTC) for the use of the fee-based services of NETSTAG GmbH (hereinafter "NETSTAG ") with registered office in 55116 Mainz, Große Bleiche 10 represented by the managing directors Tao Bauer, Andreas Schröder and Peer Wierzbitzki, commercial register: HRB 49308 - Amtsgericht Offenbach.

The General Terms and Conditions are subject exclusively to the law of the country in which NETSTAG has its registered office. The UN purchase right has thereby no validity.