Copyright © 2011 by 5 POINT AG, all rights reserved
1. Scope of the treaty
The following Terms and Conditions are valid for all works, services and performances rendered by 5 POINT AG (following: offeror) which where provided to users (Following: customers) for free or for payment and which belong to the teamspace software (following: teamspace). Contrary Terms & Conditions are invalid, except the offer or has declared a written acceptation.
2. Type of business
The offeror offers teamspace and all herein related services only under the validity of these terms and conditions. teamspace supports the exchange of ideas and the work in groups regardless of subject, time or location of those concerned.
To conduct this type of work, teamspace offers the possibility to establish and work with teams, which are individually created by the users. In detail teamspace offers the following possibilities:
3. Right to use / prices
The 5 POINT AG sponsors the use of the groupware teamspace for students. Our intention is to make a contribution to a contemporary education in general.
The free access is temporary and depends on the period of education. Each team includes 100 users and 100 MB disk space.
The free use is limited to the exclusive non-commercial use and it is only addressed to the target group of students, pupils, teachers and professors. Infringements of that contract will cause claims for indemnification.
Besides the free offer of teamspace4students, further accesses for users, short messages or disk space can be bought additionally. For all upgrades the actual prices that are announced on the official websites of teamspace4students will be applied.
The 5 POINT AG reserves the right to delete teams or parts of teams that were not accessed for more than one year, only if they do not include upgrades liable to pay costs.
For upgrades liable to pay costs the concerning terms of use of teamspace are valid.
The team founder, who has to fill out the application form before using teamspace, is the contract partner and responsible for the whole team, all of its acts and the observance of these Terms of Use. By sending off the registration, the contract comes into force, if the 5 POINT AG does not reject it immediately and the team founders clarify that the team recognizes these trading conditions.
4. Manner of use
Use and spread of any material offending German law, especially criminal law and/or sending mails or any other material offending the law of the respective recipient country is prohibited. Consequence of any offence to this rule is the immediate exclusion of the whole team and loss of all data without any prior announcement.
The offeror reserves the right to exclude teams and erase all its data without announcement; when teams send chain letters and mass- or advertisement-mails. Claim for dam-ages by the offeror remains reserved.
Every team binds itself to comply with the offeror’s copyright and to take care that it will not be violated by the team’s use. Every team is obliged not to copy, to assign or to spread in any other way software or any other copyright-protected material made available by the offeror.
The applicant commits itself to exempt the offeror from all demands for payment of damages which are raised from third due to damage by a team in connection with the use of teamspace against the offeror.
The offeror reserves the right to place/show any kind of own and third parties advertisements anywhere in the services offered under teamspace including e-mails, SMS or any other electronic mail or information sent by team members.
5. Availability / warranty / liability
The offeror runs teamspace with the care and reliability required. He endeavors permanent availability of teamspace. Nevertheless the user recognizes that because of technical reasons, e.g. disturbance of the telecommunications nets, an absolute permanent availability is not possible. Temporary disturbances and impossibilities of access do give users neither a right to claim for warranty nor to exceptional termination because of important matters. In addition to that the offeror reserves temporary unavailability of teamspace particularly in the following cases:
In case of permanent access restriction, the right to reduce the fees or to terminate the contract because of extraordinary matters is only valid if the restriction endangers important rights and duties according to the spirit of §9 of the German act on Terms & Conditions.
In case of permanent access restriction, the right to reduce the fees or to terminate the contract because of extraordinary matters is only valid if the restriction endangers important rights and duties according to the spirit of §9 of the German act on Terms & Conditions.
The offeror is liable only for damages, which were caused by gross negligence or by intention. Especially, the offeror is not liable in case of data loss, abuse or any other disturbance caused by sources out of teamspace, e.g. the Internet, telecommunications nets or other sources which are not in the offeror influence scope.
In case of gross negligent damaging of single users or whole teams, compensation for direct and/or indirect consequential damage including lost profits is excluded.
6. Revocation / termination
Every applicant of a team has the right to revoke his application within a fortnight after sending off the application; the period is protected by punctual sending off of the revocation. Independent from the date of application, the right to revoke expires after the applicant has paid the fees and the offeror has made the services of teamspace available. Due and proper notice of termination is excluded.
7. Place of fulfillment / applicable law / jurisdiction
Place of fulfillment is Darmstadt, Germany. Only German law is applicable to every conflict directly or indirectly regarding the use of teamspace. Local jurisdiction is Darmstadt.
Updated: March 2010
Copyright © 2011 by 5 POINT AG, all rights reserved
