Terms and Conditions
General Terms and Conditions for licences, goods, and services from protel hotelsoftware GmbH, Dortmund, Germany
1. Sphere of application
3. Price and fees
4. Passing of risk, reservation of title
Any compulsory liability which may possibly apply from the aspect of the lack of a warranted quality, a breach of a contractual obligation which is at least attributable to ordinary negligence as well as for any possible legal defects thereof, shall not be affected. protel shall be liable for damage for which it is to blame altogether up to the amount of the system price to be paid in accordance with the order (protel licence fees plus protel service fees), whereby liability shall be limited to the price of the licence, if liability arises as a result, or to the service fees, if liability is in connection with them.
The fees in force excluding VAT when the claim materialises shall prevail. protel shall not be liable for a lack of economic success, indirect damages and consequential damages and for damages arising from third party claims with the exception of claims arising from the breach of third party proprietary rights. protel shall only be liable for making good the loss of data if the client has ensured that this data is held ready in the form of computerised data stocks as required by proper data processing standards and can be reproduced at justifiable expense.
The external back-up of data stock at the end of each working day is justifiable. protel shall not be liable for damage caused by contractual products in so far as this could have been avoided by checking the work results of the contractual products at regular intervals. Moreover, protel shall not be liable for damage caused as a result of using other programs which can change the data stocks saved in the protel programs. Any compulsory liability there may be under product liability shall not be affected.
With the exception of claims for compensation for damages based on illegal acts, claims for compensation for damages shall become time-barred in accordance with the legal provisions (of Germany), and no later than two years from the installation of the protel programs at the client’s premises.
9. Data security
protel hotelsoftware GmbH will not assume any responsibility for the improper use of the software e.g. data-base fields not intended for the entry of credit card data, nor will it assume responsibility for resulting damages thereof, i.e., loss of PCI certification and/or monetary penalties resulting from rule violations or misuse, and/or third-party liability or damages claims resulting thereof.
10. Information vital to business
12. Written form
16. Choice of Law
17. Place of Jurisdiction
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