General terms and conditions

Effective 12/2011

These GTC apply to the contract formation between waitingsystem.com and companies exclusively. As far as waitingsystem.com and a consumer enter a contract in an individual case, then these GTC do not apply and individual contracts will be negotiated.

§ 1 Content and completion of contract

(1) waitingsystem.com provides a service for its customers in the IT area, especially in innovation management, development, consulting and training. The waitingsystem of waitingsystem.com provides online waiting lists in the internet. These can be administered and published by customers. Participants of those customers use a "profile" with participant data and add themselves to waitinglists - or are added by the customer. Participant data are anonymized for third parties and can only be seen by the customer. Additionally, the customer has the option to provide a "readable" list (e.g. in a "safe" waiting area). Hereby, only released "public data" (e.g. "Display name" is marked as public) can be showed.

(2) waitingsystem.com is eligible to assign subcontractors for the compliance of the obligations agreed in the contract - in whole or in part.

(3) Contract formation with waitingsystem.com takes place by accepting the offer of waitingsystem.com on its website by the customer. The acception of the offer hereby uses text form (by mail, fax or email).

(4) The customer is indentured to provide information which is necessary for processing the services and for the business cooperation, completely and truthfully. Likewise changes have to be communicated quickly, completely and truthfully. This especially concerns changes of address, phone- and fax number, email address, legal form, tax ID and trade ID.

(5) As a general rule, customisation and changes of the service or features and prices in contracts respectively side agreements with the customer need textual form (mail or email) and acception by waitingsystem.com.

§ 2 Processing of contracts / Fulfilment / Prices

Note: For end-user the service of waitingsystem.com is always free. These GTC address to business customers als provider of waiting lists.

(1) Basis of services which are performed by waitingsystem.com and of the raised invoices are the agreements of the customer's contract with waitingsystem.com, especially the products which are chosen by the customer (e.g. subscription contract, pilot packet, options "flyer", "VIP", "stand-up display", "SMS"). In case of termination or avoidance of the contract by the customer, all services of the contract which were provided until then by waitingsystem.com or subcontractors are due after billing. Unless the termination or avoidance of the contract is caused by reckless behaviour of waitingsystem.com, the return service of the customer is due till the end of the contract period (subscription contract).

(2) The service offered by waitingsystem.com most of all refers to optimization of the end-user/customer relationship, unless otherwise agreed and especially to the improvement of the waiting service. Besides the basic optimisation waitingsystem.com offers constant development of the provided software and supervises it over the entire term.

(3) waitingsstem.com doesn't promise guarantees about achieving goals, wishes or satisfaction within the end-user/customer area.

(4) The billed services are due imediately, if not agreed otherwise. Payment has to occur by account, debit or credit card to the given account of waitingsystem.com. Other payment methods require previous agreement with waitingsystem.com in textual form.

(5) waitingsystem.com will start providing the agreed service instantly after contract formation and payment of a deposit, if applicable.

(6) Payment is deemed to have occurred only if the full amount of debits is accredited completely on the account of waitingsystem.com.

(7) waitingsystem.com is entitled to raise prices only once a year. The price increase requires the approval of the customer. The consent shall be deemed granted unless the customer doesn't object in textual form within 6 weeks after arrival of the price increase notification. In case of lodging an objection both contract parties have the right to terminate the contract with decent time to the earliest date on which the price change would have become effective.

(8) Sales (in particular by recommendation) is only carried out on a commission basis. Commissions are paid after successful placement. A placement shall be considered as successful, when the first monthly payment of a subscription model is recceived. Deviating agreements must be in writing.

§ 3 Customer data/ data security

(1) waitingsystem.com doesn't check or monitor the data and contents of the waiting lists provided by the contract party. waitingsystem.com also doesn't check or monitor content of the waiting lists entered by end-user like patients or other customers of the contract partner, particularly dubious or legally impermissible nicknames, etc. The content of his waiting lists, including the information set by himself or data / information set by his patients / customers therefore falls within the scope of the contractor, it is your sole responsibility to ensure that they are consistent with applicable law, in particular, have no illegal content and do not infringe any third party rights. This applies in particular for the protection of the rights and freedom of third parties, in this case, particularly in copyright, competition and criminal law.
(2) waitingsystem.com assures that in the collection, processing and use of personal data of the contractor, the provisions of the Federal Data Protection Act and other relevant legal norms are strictly adhered to. Only those data are collected and stored that are needed for contract necessarily. Personal data, such as possibly the names, addresses, telephone numbers, dates of birth or medical data will be kept confidential. You will be disclosed to third parties only after informing the contractor and only if it is strictly necessary to fulfill the contract. To the extent that the use of this personal data is maintained within the specified limits, the contractor agrees to the use of data without restrictions.

§ 4 Termination

(1) For the agreed fixed-term contract period between the customer and waitingsystem.com, the ordinary termination is mutually excluded. The right of termination for good cause remains unaffected.

§ 5 Warranty

(1) Deficiencies in the services provided by waitingsystem.com are to be indicated immediately and named at most accuracy in in textual form. The customer shall support waitingsystem.com in removing defects within a reasonable time after its best opportunities, especially through the accurate logging of possible error messages.
(2) If the fault, argued in textual form, can not be resolved despite two attempts to rectify within a reasonable grace period, the customer is entitled to terminate the service contract for exceptional reasons. Further damage claims of the customer are, to the extent permitted by law, excluded.
(3) waitingsystem.com will provide no warranty as far as errors are caused by external influences (unauthorized access), operational errors of the contractor, its employees, patients / clients or third party components or products of third parties, computer viruses or by any other act of the contractor, its employees or third parties, in particular caused by modifications, alterations or manipulation of the product offered by waitingsystem.com.
(4) Neither is it considered a defect, nor assumes waitingsystem.com warranty or liability due to patients / client of the contractor, which do not appear or reduce in number when using the product waitingsystem, because the waiting list is considered to be too full or does not exist or without intentional or gross negligence of waitingsystem.com malfunctioning or without such negligence notifies them late or erroneous.

§ 6 Liability

(1) waitingsystem.com is liable only for intentional or grossly negligent conduct. Liability is limited to the amount of the foreseeable, typical damage. This is also true for any consequential damage to other software and hardware used by the contracting party. The liability of injury or death of the contractor, its employees, patients / clients and other third parties of included is excluded from this disclaimer. The disclaimer also acts in favor of subcontractors, which may be used by waitingsystem.com for the execution of the respective tasks.

§ 7 Final provisions, severability clause

(1) If any provision of these Terms and Conditions be or become invalid or should the Conditions contain a loophole, this shall not affect the validity or enforceability in that jurisdiction of any other provision of this Agreement; or the validity or enforceability in other jurisdictions of that or any other provision of this Agreement. In place of the invalid provision or gap a provision fills in, which is close to the economic purpose of the agreement which would have been agreed by the parties, if they had known the invalidity or lack of determination.

(2) German law shall apply.
(3) Place of performance and jurisdiction is Berlin.
These terms and conditions form part of all contracts concluded between waitingsystem.com and entrepreneurs contracts. Other contract clauses the contractor is expressly prohibited.