Terms & Conditions for IntraFind Site Search
The contract software (hereinafter referred to as: “Software”) enables website operators (hereinafter referred to as: “Customer”) to implement a search functionality in their own websites. These terms and conditions (hereinafter referred to as: “Contract”) regulate the contractual relation between the provider (hereinafter referred to as: “Provider”) and Customers regarding the use of the Software.
Section 1: Registration for a free-trial
(1) Users can register for a free trial-period.
(2) The Contract for a free trial will be concluded as follows: By clicking a button with the description “try now” or a description with a corresponding meaning the Customer declares his binding offer to conclude a contract with the Provider according to these terms and conditions. Provider is entitled but not obliged to accept this offer. Acceptance will be declared by email.
(3) The free-trial runs for thetime mentioned on the website.
Section 2: Contract conclusion for a paid period
The Contract for a paid period will be concluded as follows: By clicking a button with the description “Buy now” or a description with a corresponding meaning the Customer declares his binding offer to conclude a contract with the Provider according to these terms and conditions. Provider is entitled but not obliged to accept this offer. Acceptance will be declared by email.
Section 3: Providers obligations
(1) The Provide offers various subscription plans for the Software. Each plan includes a different scope of Provider´s obligations described in detail on Provider´s website.
(2) The Provider is obliged to crawl a domain specified by the Customer in order to provide site search ability for the Customer.
(3) The number of URL´s crawled and the period of time between an initial crawling and further iterations may vary based on the plan chosen by the Customer.
(4) The Provider shall index the crawled data in a cloud based search index and will host the data on behalf of the Customer.
(5) The Provider shall provide Customer with an embedding code to enable the Customer to embed the Software in his own website.
(6) The Provider shall provide information to the Customer by email regarding the Software, e.g. regarding current and upcoming features of the Software.
(7) The Provider shall provide to Customers of paid periods login details for an account where Customer has access to account information and invoices.
Section 4: Customers obligations
(1) The Customer shall only use the Software for his own website.
(2) Customer shall always provide true information to the Provider during the registration process and during the contract term and shall inform Provider if given information changes.
(3) The Customer shall inform the Provider if he wishes to use the Software for the processing of personal data. For the processing of personal data Parties will agree on a separate data protection agreement.
(4) During the free Account the Customer shall provide information to the Provider by email or by phone about his user-experience and about his interest in concluding a contract for a paid period.
Section 5: Grant of Usage Rights to the Software
(1) The Software is part of the intellectual property of the Provider.
(2) The Customer is entitled to use the Software for his own website for one domain (excluding subdomains) according to these terms and conditions. Provider herewith grants the Customer the authorizations required for this use as a non-exclusive and non-transferable usage right for the term of the contract.
Section 6: User instruction manual / Support
(1) Instead of written instruction manuals for the Software the Provider offers information about the use of the Software on it´s website.
(2) Moreover, Provider provides support depending on the details of the plan chosen by the Customer.
(3) The support hours are Monday to Friday: 10.00-17:00 hours (CET).
Section 7: Availability
(1) The Software is available when there is no error present in error class 1 or when the Service is unavailable because of maintenance works.
(2) Provider is entitled to conduct maintenance work for a total of 10 hours each calendar month in the time from 22:00 to 7:00 hours. In addition, Webtrekk is entitled to con-duct maintenance work in the form of security updates for a total of one hour per calendar month in the time from 12:00 to 14:00 hours.
(3) Provider agrees to ensure software availability of a minimum of 95%. Availability is calculated on the basis of a contract month. Higher availability will be provided for the plans L and XL.
(4) The following error classes shall apply for this Contract:
error class 1: defects which prevent use: the error prevents use of the Software and no circumvention is available.
error class 2: defects which interfere with use: The error seriously interferes with use of the software; however, use of the software is still possible by means of circumventions or temporarily acceptable limitations or difficulties.
error class 3: other defects
Section 8: Right for withdrawal
If the Customer is a consumer he is entitled to withdraw from the contract according to the following provisions:
INFORMATION ON THE RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day the Contract was concluded.
To exercise the right of w ithdrawal, you must inform us Intrafind AG, Landsberger Str. 368, 806 87 München, Germany; phone +49 89 3090446-0; fax: 49 89 3090446-29; E-Mail: firstname.lastname@example.org of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount equal to the time of your use of our service until you informed us of the exercise of the right of withdrawal with respect to this contract, in proportion to the total volume of services provided for in the contract.
Section 9 – Contract Term and Termination
(1) The contract for a paid period has the term chosen by the Customer, beginning with the conclusion of the contract.
(2) The contract for a paid period can be terminated with prior notice of 1 month to take effect at the end of the contract term. Termination must be made in written form or text form (e.g. email). If the contract is not terminated in time, it is automatically renewed by an additional term.
Section 10: Payment Conditions
(1) Fees for the use of the Software depend on the plan and the term chosen by the Customer.
(2) Fees are due to payment in advance for the plan and for the term chosen by the Customer.
(3) Provider will send invoices per Email only.
(4) All prices include the applicable statutory value added tax.
Section 11: Liability
(1) Provider is liable in the cases of (a) damages sustained by the Customer from loss of life, bodily injury or damage to health due to a violation of duty on the part of Provider, (b) damages sustained by the Customer in the context of the German Product Liability Law, a guarantee assumed by Provider, or deceit on the part of Provider, (c) damages sustained by the Customer through intent or gross negligence on the part of Provider, and/or (d) damages sustained by the Customer through violation by Provider of a duty which must be fulfilled if the contract is to be executed at all, and on the fulfilment of which customers regularly and rightfully depend (cardinal duty).
(2) Provider´s liability is unlimited in the cases of clause para 1, letters (a), (b) and/or (c). In all other cases, liability is limited to the damages which are predictable in view of the violation of duty and are typical of the type of contract in question.
(3) Liability of Provider is excluded in all claims not covered by para 1, regardless of their legal grounds.
(4) The preceding liability regulations also apply to personal liability of the organs, employees and vicarious agents of the Provider.
Section 12: Other Provisions
(1) There are no oral side agreements. All changes, supplements, and terminations of this Contract, including this clause, must be made in written form to take effect, whereby “written form” is understood to include electronic form (text form).
(2) This Contract is available on Provider´s website in English language.
(3) The laws of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
(3) The exclusive place of jurisdiction is Munich.
(4) If individual provisions of this contract prove to be ineffective or unenforceable in whole or in part or become ineffective or unenforceable due to changes in the law after the contract was concluded, the remaining contractual provisions or the effectiveness of the contract as a whole shall remain unaffected thereby. Each such ineffective or unenforceable pro-vision shall be replaced by an effective and enforceable provision which comes closest to the meaning and purpose of the original invalid provision.