Terms and Conditions
General Terms and Conditions (GTC)
Legal text
1. Scope
1.1 These general terms and conditions (“GTC”) apply to all services provided by Revenue Concierge Managing Director Maximilian Schmid (hereinafter “Provider”) under the domain “revenueconcierge.de”.
1.2 The provider provides all services exclusively on the basis of these terms and conditions.
1.3 Any general terms and conditions of the customer that deviate from these general terms and conditions in whole or in part, provided that the customer is an entrepreneur, will not be accepted without the express written consent of the provider.
2. Services
2.1 The provider provides the customer with a software solution for pure use as a software-as-a-service (“SaaS”) service within its area of control (from the data center interface to the Internet) (“SaaS solution”).
2.2 The scope of the individual services results from the description of the SaaS solution current at the time the contract is concluded.
2.3 The provider may make changes to the SaaS solution as long as this is reasonable taking into account the interests of the customer.
2.4 The provider may change its services as long as this is reasonable taking into account the interests of the customer.
2.5 In order to ensure the security, availability and resilience of the SaaS solution, the provider may make changes to the SaaS solution, including making updates and upgrades, insofar as this is reasonable taking into account the interests of the customer.
2.6 The establishment and maintenance of the Internet connection between the described handover point and the customer's IT system are not owed.
2.7 Additional services, such as the development of individual solutions or customer-specific adaptations to the SaaS solution, are not owed and require a separate contract.
3. Rights of Use
3.1 The customer receives the non-exclusive, non-transferable and non-sublicensable right to use the SaaS solution, limited to the term of the contract. The contractual use includes access to the SaaS solution by means of telecommunications (via the Internet) and by means of a browser to the functionalities of the SaaS solution.
3.2 The customer is not entitled to make the SaaS solution or parts thereof accessible to third parties. In particular, the customer is not permitted to sell, lend, rent or sublicense the SaaS solution or parts thereof in any other way. Excepted from this are parts of the SaaS solution that must be offered publicly as part of the scope of services of the SaaS solution.
3.3 The customer does not receive any further rights of use, in particular to the software or middleware itself or the infrastructure services in the respective data center.
4. Availability
4.1 The provider guarantees that the SaaS solution will be available 98% of the time on an annual basis.
4.2 Excluded from this are planned maintenance work on the SaaS solution. Planned maintenance work will be announced to the customer at least three days in advance electronically (e.g. by email or in the customer portal). Unplanned downtimes ("faults") and loss of time in eliminating faults due to reasons that are not based on a breach of duty by the provider, in particular faults that are due to force majeure.
4.3 The Customer shall report any disruptions in the availability of the SaaS solution to the Provider immediately after becoming aware of them and shall check whether a disruption occurs within his own area of responsibility.
4.4 If the fault report is received during business hours (Monday to Friday between 9:00 a.m. and 5:00 p.m.), troubleshooting will begin within four hours; otherwise, troubleshooting will begin on the following working day. Any time lost in troubleshooting for which the customer is responsible will not be counted towards the troubleshooting time.
4.5 As a basic agreement, the provider guarantees a response time of one working day during its business hours. In the event of faults that lead to a complete failure of the software, the provider will respond within four hours of receiving the fault report. If a fault is reported outside of business hours, the response time begins on the following working day.
4.6 Troubleshooting and response times deviating from these are not owed and require a separate contract.
5. Conditions of use for the customer
5.1 To use the SaaS solution, access via a sufficiently current browser version is required. The following browsers and their most recent versions are defined as sufficiently current: Mozilla Firefox, Google Chrome, Microsoft Edge
5.2 Malfunctions due to insufficiently up-to-date browser software do not constitute a defect in the SaaS solution.
6. Data protection and data security
6.1 To the extent that the provider has access to personal data of the customer or from the SaaS solution, it will act exclusively as a processor and will process and use this data only for the purpose of executing the contract.
6.2 The customer concludes an agreement with the provider for order processing in accordance with Art. 28 GDPR, insofar as the provider processes personal data on its behalf.
6.3 The customer remains the controller both in the contractual relationship and in terms of data protection law. If the customer processes personal data (including collection and use) in connection with the contract and the SaaS solution, he guarantees that he is authorized to do so in accordance with the applicable provisions, in particular data protection law, and in the event of a violation, he indemnifies the provider against claims from third parties.
6.4 The Provider creates a complete backup of the Customer’s data and settings once per day and per SaaS solution.
6.5 A backup will be kept for a period of fourteen days and will be available to the customer for restoration at any time during this period via the customer portal.
6.6 If necessary, the customer will carry out any additional data backups on his own responsibility or arrange them in a separate contract with the provider.
7. Obligations of the Customer
7.1 The customer must protect the access authorizations and identification and authentication information assigned to him or the users from access by third parties and must not pass them on to unauthorized persons.
7.2 The customer is obliged to indemnify the provider against all claims by third parties due to violations of law that are based on the unlawful use of the SaaS solution by the customer or that occur with his approval. If the customer recognizes or should recognize that such a violation is imminent, the customer is obliged to inform the provider immediately.
7.3 The customer is obliged to comply with the applicable law of the Federal Republic of Germany. The customer is obliged to provide public parts of the SaaS solution with a provider identification (“Imprint”) that complies with the legal requirements.
7.4 The customer is responsible for the content that he distributes via the SaaS solution. He must ensure that the data he makes accessible does not infringe the rights of third parties. The customer assumes full liability for ensuring that the data he provides, enters or feeds in complies with competition, labeling, name and copyright law. In addition, the customer undertakes not to provide or feed or enter into the SaaS solution any content that is pornographic, glorifies violence, is discriminatory, prohibited by law, harmful to minors, violates common decency or endangers public order and security. This also applies if such content is made accessible via references (“hyperlinks”) set up by the customer on third-party websites.
8. Consequences of breaches of duty
8.1 The provider is entitled to block access to the SaaS solution and its data in the event of an unlawful breach by the customer of one of the essential obligations set out in this contract (“cardinal obligations”), in particular in the event of a breach of the obligations set out in 7.3 and 7.4.
8.2 The blocking will only be lifted once the breach of the relevant essential obligation has been permanently eliminated.
8.3 In the event of a breach of 7.3 and 7.4, the provider is entitled to delete the data in question.
8.4 In the event of permanent or regular violations, in particular of the obligations set out in 7.3 and 7.4, the provider may terminate the contractual relationship without notice after issuing a warning.
9. Prices and Payment
9.1 The prices and the usage-dependent fees applicable for each SaaS solution are set out in the provider’s current price list.
9.2 The prices consist of a monthly basic fee and usage-dependent fees depending on the SaaS solution.
9.3 Usage-based charges apply for calls, forwarding and SMS.
9.4 Fees are charged monthly and are payable in advance for the duration of the contract, unless a shorter billing period has been agreed.
9.5 The usage-dependent fees will be invoiced separately at the end of a contract term or after termination of the contract.
9.6 Even after termination of the contract, the customer remains obliged to pay the usage-related fees incurred during the contract term.
9.7 All invoices are provided to the customer as electronic invoices by email and in the customer portal. If the customer requests that an invoice be sent by post, the provider can charge a fee for the shipping costs incurred and an administration fee.
9.8 The provider is entitled to change the prices at the beginning of the next contract period with a reasonable notice period of at least one month. If the customer does not object to the price change within a reasonable period set by the provider, the price change is deemed to have been approved. The provider informs the customer in the announcement of the price adjustment that the price adjustment will take effect if he does not object. In the event that the price increase does not exceed 10% per year, the customer has no special right of termination. The right to proper termination remains unaffected.
9.9 If the customer defaults on payment, the provider is entitled to block access to the SaaS solution.
10. Conclusion of contract, contract term, termination
10.1 By clicking on “Order with payment”, the customer submits an order and makes a binding offer to enter into a contract. The provider will immediately confirm receipt of the order to the customer.
10.2 The contract with the customer is only concluded through the express acceptance of the contract by the provider or with the first act of performance.
10.3 The provider is entitled to accept the customer's contract offer within three working days of receipt by the provider. The provider is entitled to reject the contract offer without giving reasons.
10.4 Unless otherwise agreed, the contract is concluded for a term of 12 months or 1 month.
10.5 The contract can be terminated with a notice period of 30 days, but no earlier than the expiry of the minimum contract term. Otherwise, the contract will be extended for a further contract term unless it has been terminated with a notice period of 30 days before the expiry of the respective extension period.
10.6 The contract can also be terminated by either party without notice for good cause. Good cause that entitles the provider to terminate the contract exists in particular if the customer violates the provider's rights of use by using the SaaS solution beyond the scope permitted under this contract and does not remedy the violation within a reasonable period of time following a warning from the provider.
10.7 Terminations are only valid in writing.
10.8 After termination of the contract, the provider will irrevocably delete all of the customer's data stored in the SaaS solution as well as the customer's customer account. If the provider terminates the contract, the customer has the option of viewing the data stored in the SaaS solution and backing it up from the SaaS solution at their own responsibility for up to two weeks after termination of the contract. Data that the provider is not permitted to delete due to legal regulations can be blocked by the provider and only deleted after the regulation no longer applies.
11. Right of withdrawal
Revenue Concierge's offer is aimed exclusively at entrepreneurs and freelancers within the meaning of Section 14 of the German Civil Code (BGB). In this respect, there is no right of cancellation.
12. Liability
12.1 The provider is liable without limitation in the event of intent or gross negligence on the part of the provider or one of its vicarious agents, for injury to life, limb or health or for the breach of a material contractual obligation (cardinal obligation) in a manner that endangers the purpose of the contract, as well as within the scope of its own liability towards those affected within the framework of the provisions of Art. 82 GDPR.
12.2 In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), the provider's liability is limited to the amount of damage that is foreseeable and typical for the provider at the time the contract was concluded.
12.3 The provider is not liable for any further damages. In particular, the provider is not liable for initial defects unless the conditions of 14.1 or 14.2 are met.
12.4 The provider assumes no liability for disruptions to telecommunications connections on lines within the Internet, in the event of force majeure, in the event of the fault of third parties or of the customer himself.
12.5 If the customer is a merchant, a legal entity under public law or a special fund under public law, liability is limited, except in cases of intent and gross negligence, to the sum of the contractual fees that the customer has paid to the provider for the period of the last 12 months before the occurrence of the damaging event within the framework of the specific contractual relationship.
13. Force Majeure
13.1 The provider is released from the obligation to perform under this contract if and to the extent that the non-performance of services is due to the occurrence of force majeure circumstances after the conclusion of the contract.
13.2 Circumstances of force majeure include, for example, wars, strikes, riots, expropriations, cardinal changes in law, storms, floods and other natural disasters as well as other circumstances for which the provider is not responsible, in particular Internet or infrastructure failures caused by third parties, water ingress, power failures and interruptions or destruction of data lines.
13.3 The provider will notify the customer immediately in writing of the occurrence of a case of force majeure.
14. Place of Jurisdiction, Applicable Law
14.1 This contract is governed by the laws of the Federal Republic of Germany, excluding the conflict of laws provisions, the UN Convention on Contracts for the International Sale of Goods and the CISG. The place of jurisdiction is
Registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
15. Out-of-court dispute settlement
15.1 The European Commission provides a platform for online dispute resolution (ODR). The platform can be found at https://www.ec.europa.eu/consumers/odr. Consumers have the option of using this platform to resolve their disputes.
15.2 We are not obliged to participate in a dispute settlement procedure before a consumer arbitration board and will decide on a case-by-case basis whether to participate.
16. Changes to the Terms and Conditions
Revenue Concierge reserves the right to change or add to the Terms and Conditions. The provider will be informed of any changes in writing at the email address provided to Revenue Concierge. The user will be notified of any changes at least six (6) weeks in advance. If the user does not object to the changed terms and conditions within six (6) weeks, they will be deemed accepted. In the event of an objection by the user, Revenue Concierge has the right to terminate the contractual relationship at the time the changed terms and conditions come into effect. The right of the parties to terminate the contract in accordance with the law remains unaffected.
17. Final Provisions
Should one or more provisions of the contract and/or these General Terms and Conditions be or become invalid, this will not affect the validity of the General Terms and Conditions/the contract in the rest. The invalid provision will be replaced by a valid one that comes closest to the economic intent. The same applies in the event of a gap in this agreement.