Terms and Conditions

taskzone Terms and Conditions

1.

PREAMBLE

1.1.
taskzone AG (“TZAG”) operates the online platform “taskzone.com” (“taskzone”) via which tasks and projects can be coordinated between several users.
1.2.
User’s access to the internet is not part of this usage relationship. User bears sole responsibility for the functioning of its internet access, including transfer methods and his own computer. Equipment required from user and other technical conditions are described in sec. 4.5.
1.3.
To use taskzone, users first have to register with taskzone.
1.4.
Users can either use taskzone free of charge with a restricted range of features or use services subject to a charge to enable additional features.

2.

SUBJECT, CONCLUSION OF CONTRACT, MODIFICATION OF CONTRACT

2.1.
These usage terms regulate the provision and use of taskzone and are the basis of each use by registered users.
2.2.
At registration/order, all relevant information is shown to user for review before conclusion. User has the possibility to correct entered information by clicking the button “change”. User makes its binding contract offer for the use of services subject to a charge by clicking the button “order with costs” at the end of the order process. When using the sponsoring feature, user makes a binding cost absorption declaration for the use of fee-based services by the selected other users. For the first selected other user, user’s declaration includes a binding offer to cover the cost for the agreed minimum number of other users. This binding declaration by user is submitted by clicking “Confirm” and then “Yes” in case of volume-based vouchers, or by clicking “Add” in case of personal vouchers.”
2.3.
The agreement on the use of taskzone, regardless of whether the services are free of charge or subject to a charge, is concluded with acceptance of the user offer by TZAG. User will immediately be provided with an electronic confirmation of receipt of its offer. This confirmation of receipt does not constitute a binding acceptance. The confirmation of receipt may be combined with the declaration of acceptance. Insofar as acceptance is not explicitly declared, the user offer is accepted with the first provision of each requested service.
2.4.
Upon registration with taskzone, user accepts these usage terms as part of the usage relationship. These usage terms apply exclusively to the usage relationship. Contract terms of user are not part of this agreement, even upon TZAG’s knowledge thereof, unless TZAG explicitly consents to their validity in written form. These usage terms are sent to user in text form together with the confirmation of receipt or the declaration of acceptance.
2.5.
Agreement may be concluded in the following languages: German, English. In case of doubt or discrepancies on the interpretation of provisions of the agreement, the German version is solely decisive.
2.6.
The usage terms in their currently valid version are available at the website taskzone.com. User has the opportunity to access selected information on his agreement via its user account. Apart from that, no storage of the agreement text is made.
2.7.
TZAG may modify the usage terms with consent of the user. Consent of the user is deemed to be given if user receives the modified usage terms together with the notification of modification in text form and does not contradict the modifications within four weeks after receipt of the notification of modification. TZAG commits to give user specific notice concerning the consequences of an omitted objection together with the notification of modification.

3.

INSTRUCTION ON RIGHT OF REVOCATION

3.1.
Insofar as user is a consumer, it is entitled to a right of revocation concerning agreements for services subject to a charge as described in the following:
Instruction on Right of Revocation

Right of Revocation

You are entitled to revoke this agreement within 14 days without giving reasons. The revocation period is 14 days beginning with conclusion of the agreement To make use of your right of revocation, you have to inform us

  • taskzone AG
  • Am Ziegelfeld 28, 51339 Burscheid
  • Tel +49 2174 - 307100
  • Fax +49 2174 - 3071012
  • Mail support@taskzone.com

with a clear statement (e.g. a letter sent by post, fax or email) concerning your decision to revoke this agreement. You may use the attached standard revocation form which is not mandatory. To comply with the revocation period, dispatch of the note concerning the exercise of the right of revocation before expiry of the revocation period is sufficient.

Consequences of the Revocation

If you revoke this agreement, we have to reimburse all payments received from you, including delivery expenses (except additional costs resulting from you choosing another type of delivery than the cheapest standard delivery offered by us), without delay and the latest within 14 days from the delivery date of the notification of your revocation of the agreement. For this reimbursement, we use the same means of payment you used for the original transaction, except something else was expressly agreed with you; in no case fees are charged from you due to this reimbursement. If you requested the commencement of the services during the revocation period, you have to pay us a reasonable amount corresponding to the proportion of the already provided services until the time you informed us about the exercise of the right of revocation, compared to the total volume of the services intended under this agreement.

End of Instruction on Right of Revocation
3.2.
Consumers may use the following standard revocation form to declare their revocation; however, this is not mandatory
Standard Revocation Form

(If you want to revoke this agreement, please fill this form and send it back)

To:

  • taskzone AG
  • Am Ziegelfeld 28, 51339 Burscheid
  • Tel +49 2174 - 307100
  • Fax +49 2174 - 3071012
  • Mail support@taskzone.com

Hereby I/we (*) revoke the agreement on the purchase of the following goods(*)/provision of the following services(*) I/we concluded(*):

  • _____________________________________________
  • Ordered the (*)/received the (*):
  • _____________________________________________
  • Name of consumer(s):
  • _____________________________________________
  • Address of consumer(s):
  • _____________________________________________
  • Signature of consumer(s) (only in case of notification on paper)
  • _____________________________________________
  • Date: ______________________________________
  • (*) Delete as applicable.

4.

SERVICE DESCRIPTION, MINIMUM NUMBER OF USERS FOR SPONSORING

4.1.
Regarding taskzone’s use offered free of charge, no specific scope of features or taskzone’s suitability for a particular purpose are agreed. User cannot claim the provision of specific features. The scope of features of taskzone’s use offered free of charge may at any time without prior notice be arbitrarily limited or terminated in total. Besides, regarding taskzone’s use offered free of charge, TZAG is not obliged to further development pursuant to sec. 4.3.
4.2.
The scope of use of services subject to a charge is specified in the respective service description, especially the “function matrix” on the taskzone website. User may only claim provision of the described functions, but not a specific technical implementation. taskzone’s suitability for a specific intended use only becomes part of this usage relationship if TZAG explicitly assured or confirmed it.
4.3.
TZAG may towards user limit the scope features subject to a charge to the beginning of the next period of use the user has not yet paid for. At least two weeks in advance, TZAG will inform user by email about the limitation of the scope of use and the user’s termination right to the email address deposed for user. Extensions of the scope of use are permitted during the current period of use as long as as no increase of charge is caused.
4.4.
TZAG offers taskzone in compliance with the currently valid legal provisions and the common average programming and security standards. TZAG shall constantly develop taskzone to take account of changes of the legal provisions or the aforementioned standards. However, taskzone is not programmed or intended for the processing and dissemination of data underlying special confidentiality and privacy interests. Such data rather have to be separately encrypted prior to storage on taskzone.
4.5.
Use of taskzone requires user to have an efficient desktop or notebook computer with a respectively current operating system and web browser and a stable broadband connection (>= 6 MBit/s). When using mobile devices such as tablets or smartphones, older operating systems, older web browsers or a slower internet connection, display, functionality and reaction speed of taskzone may be limited.
4.6.
Insofar as no differing regulation was made in the description of the services subject to a charge, an availability of taskzone of 98% measured by month minus the time for planned and announced maintenance work between 0:00 am and 6:00 am MEZ is agreed. taskzone is deemed to be not available in any period if taskzone for a continuous period of 5 minutes does not successfully finish user entries such as login, clicking a button, creating, changing or deleting a task, but not the upload of files, within 60 seconds pursuant to the conditions of sec. 4.5.. Performance of a variety of user entries at the same time (e.g. batch processing) is not subject to an agreement of availability or reaction speed, but shall at each time be processed with best effort.
4.7.
TZAG offers user support and troubleshooting (“Support”) only as part of services subject to a charge. Troubleshooting is included in each service subject to a charge, the scope of the further user support depends on the respective service description of the offer. User may at any time contact the support address disclosed on taskzone by e-Mail/web form. TZAG shall answer user until the end of the following business day and provide a first assessment of the fault description/support request. Troubleshooting of faults that terminate or substantially limit the use of taskzone is provided without delay, the latest within another 5 business days. Other faults and support requests are processed in the order of their arrival. The service descriptions of the services subject to a charge may have different reaction and resolution times.
4.8.
User’s obligation within the sponsoring feature to cover the cost for a minimum number of other users shall only be valid if stated expressly and unambiguously. If a minimum number of other users is agreed, user shall undertake to have no less than the agreed minimum number of users concurrently use fee-based services continuously for each subsequent billing period during the entire term. The term commences with the use of fee-based services by the first selected other user, and ends at the end of the last billing period of the last remaining selected other user’s use of fee-based services. If, for any billing period during the term, less than the agreed minimum number of selected other users concurrently use fee-based services, user shall nonetheless pay remuneration equal to that of the use of fee-based services by the agreed minimum number of other users. User’s right of termination shall remain unaffected.

5.

RIGHT OF USE, TRANSFERABILITY

5.1.
TZAG offers each registered user, i.e. each user known by name or pseudonym, a time-limited, non-exclusive right to access and use taskzone with its intended purpose, i.e. in the scope of the claimed feature (if applicable, subject to a charge). This right cannot be transferred. However, other users may be added to a joint group and services, if applicable, subject to a charge, be booked for other members of the group.
5.2.
taskzone includes the use of open source software programs (OSS) which are released under various licenses. Upon request, TZAG will provide user with an overview of the used OSS modules and their licenses. Granting of rights of OSS is subject to the provisions of OSS’ license conditions. Liability and warranty of the authors and editors of the OSS for this provision of use free of charge is subject to the legal provisions concerning donations. Liability and warranty of TZAG based on this usage relationship remains unaffected.
5.3.
Use of taskzone beyond the agreed and intended purpose and extent is prohibited. Especially, user is not entitled to enable third parties to use taskzone by renting, borrowing or otherwise ceding the login and password. User will not try to gain access to the locked functions subject to a charge by circumventing security measures. User will not make a permanent copy of the design and functionality of taskzone or parts thereof for his own business purposes unless only openly usable software from other sources is utilized.
5.4.
User grants TZAG for the contents it created and uploaded to taskzone, the non-exclusive, timely unlimited reproduction right within the technical infrastructure of TZAG. For these contents, user grants TZAG the non-exclusive, timely limited right for public reproduction insofar as it occurs during ordinary operation. TZAG may transfer these rights to a third party if the operation of taskzone is transferred to the third party.

6.

DATA PROTECTION, DATA SECURITY

6.1.
Both parties shall respect the currently applicable provisions, especially the data protection provisions valid in Germany, and especially oblige all personnel engaged in connection with this agreement to data confidentiality pursuant to § 5 BDSG, as long as they are not yet obliged.
6.2.
If user collects, processes, or uses personal data it obtained itself or from TZAG, it is responsible for its permission thereto pursuant to the applicable, especially data protection, provisions and will indemnify TZAG upon first demand against claims of
6.3.
If TZAG processes personal data of user’s customers, potential customers, personnel or suppliers for user, this is done as data processing pursuant to § 11 BDSG. Upon demand of user, TZAG will conclude a suitable agreement for data processing.
6.4.
TZAG uses computer centers of third party suppliers. All personal data existing within the taskzone service are processed and used there in compliance with the applicable data protection provisions.

7.

USER’S DUTIES AND OBLIGATIONS

7.1.
User undertakes to pay the agreed remuneration for each ordered function pursuant to the currently valid price list and sec. 9.
7.2.
At registration on taskzone, user at least declares his name, first name, and valid email address. User may freely choose its password and undertakes to choose a safe, i.e. a sufficiently long and complex password. User undertakes to not disclose its password to other partiers and to take sufficient measures to prevent knowledge of third parties.
7.3.
User undertakes to only upload such content on taskzone (e.g. texts, pictures, audio, video), it has sufficient usage rights for in relation to industrial property rights (e.g. marks and distinctive rights) and copyright.
7.4.
Via taskzone, user shall only collect, store, or process personal data of third parties with their effective consent or in the scope of statutory exemptions. Especially, user will only transmit unsolicited advertising communication to other users or third parties in accordance with applicable law (no spamming).
7.5.
User shall not use or allow taskzone to be used for transmission of illegal or immoral content or to refer to such content. In particular, this includes demagogic content, content glorifying or trivialising violence, pornographic, sexually explicit, or other content harmful to minors, and content invoking to criminal offences or infringing competition or other law.
7.6.
User shall neither itself nor via other parties try to gain access to data within the technical infrastructure of TZAG that is not designated for the user’s use within the ordinary operation of taskzone. Besides, user neither itself nor via other parties will interfere with the intended processes of the used software or data networks.
7.7.
User shall immediately inform TZAG about faults, security gaps or other weaknesses of taskzone it became aware of randomly or by third parties.
7.8.
User unlimitedly indemnifies TZAG (including its legal representatives, personnel, and/or other representatives) from any lawsuits, claims, costs, burdens, losses, demands, and expenses of third parties resulting from the use of the taskzone service contrary to the law or the agreement by user or with approval of user. This especially applies for asserted claims and court or out-of-court proceedings based on data protection-, competition-, copyright-, trademark- , or other law in connection with the use of taskzone by the user or the username assigned to it. This does not apply if TZAG’s reaction to the asserted claims is contradictory to the user’s declared intention. Claims for damages of TZAG due to recognized or accepted legal infringements of user or with approval of user remain unaffected.
7.9.
User undertakes to provide and to regularly and risk-appropriately safe on his systems all contents and data transferred to taskzone.
7.10.
User undertakes to reimburse with the agreed or otherwise usual fee, each use of TZAG support that is neither based on a fault of taskzone (including lower availability) nor included in the agreed scope of support.

8.

CONSEQUENCES OF A USE OF TASKZONE CONTRARY TO THE AGREEMENT

8.1.
A violation of sec. 7.2 to 7.6 by user or a third party using the user name of the user entitles TZAG to block user’s access to taskzone. This blocking may include the inaccessibility of all of the data displayed by user. Before blocking, TZAG will request user to permanently refrain from or to eliminate the violation as long as TZAG does not have reason that the delay of blocking might cause further damages or increase the risk of the occurrence of damage. Further claims of TZAG against the user remain unaffected.
8.2.
TZAG may predicate the annulment of the blocking on user’s declaration of discontinuance subject to penalty or user’s payment of securities to the amount of the impending damage, unless these constraints are grossly disproportionate in relation to the violation or the user proves that no or a lower damage impends.
8.3.
If user does not eliminate the violation despite the blocking and TZAG’s request within a reasonable time limit set by TZAG, TZAG may terminate for cause pursuant to sec. 12.3.
8.4.
Content contrary to the law and/or the agreement pursuant to sec. 7.5 or hints to such content may also be deleted or blocked individually by TZAG. In cases of doubt, TZAG may also block or delete content until the final assessment of its non-conformity with the law or the agreement.

9.

PAYMENT CONDITIONS

9.1.
The currently valid taskzone price list published under taskzone.com shall apply. TZAG may modify this price list with user’s consent to the month after the next. User’s consent is deemed to be given if user receives the modified price list together with the notification of modification in text form and does not contradict the modifications within four weeks after receipt of the notification of modification. TZAG commits to give user specific notice concerning the consequences of an omitted objection together with the notification of modification.
9.2.
Payments of user have to be made until the agreed payment date, otherwise within 10 days after receipt of the invoice. Monthly, quarterly or annually recurring payment obligations have each to be fulfilled in advance until the 10th calendar day of the month, quarter or year.
9.3.
User is not entitled to discounts or other deductions.
9.4.
Customer has a right to set off only insofar as its counterclaim is legally established or undisputed. A right of retention can only be exercised against counterclaims resulting from this contractual relationship.

10.

DEFAULT

10.1.
If user is in payment default, TZAG may block user’s access to taskzone until complete payment. TZAG shall inform user about the impending blocking in text form at least one week in advance. Blocking does not exempt user from its payment duty.
10.2.
If user is in default
  • a)
    for two successive payment periods with a prevalent part of his payment duty, or
  • b)
    for a period of more than two months with an amount of the fee for two months,
TZAG may terminate the usage relationship for cause.
10.3.
If user is in payment default, TZAG may claim a lump sum for damages caused by delay of 5% of the monthly fee per each full month, however, in total not more than twice of the original fee. The user shall have the right of proof that TZAG had no or a substantially smaller damage. The assertion of further claims because of payment delay remains reserved for TZAG.
10.4.
If TZAG is in delay with an obligation to perform pursuant to sec. 4, the consequences are subject to sec. 11.

11.

CLAIMS FOR DEFECTS AND PAYMENT REFUND

11.1.
TZAG ensures the functionality of taskzone with the features described in the currently valid service description only within the confirmed availability. In case of defaults, TZAG restores the agreed condition of taskzone by means of a qualified rectification.
11.2.
TZAG does neither guarantee nor assure a specific feature of the service. Technical data, specifications, and performance indications in this agreement or the associated documents solely serve as service description and are no guarantees in a legal sense.
11.3.
User’s claims for a reduction of the remuneration due to lower availability of the agreed services, are calculated on basis of the relation of the actually determined availability for the respective month and the agreed availability for the respective month. A corresponding amount to be deducted will be credited to the user’s user account and set-off with the next booking insofar as nothing else is agreed.

12.

FORCE MAJEURE

12.1.
TZAG is not liable for events of force majeure that materially complicate the contractual performance, or temporarily obstruct, or make impossible the proper fulfilment of the agreement. Force majeure means all circumstances independent from the parties' intention and control, such as natural catastrophes, measures by government, decisions of the authorities, blockade, war and other military conflict, mobilisation, civil commotion, terrorist attacks, strike, lockout and other industrial unrest, expropriation, embargo or other unpredictable serious circumstances beyond the parties' control and occurring after the conclusion of this contract.
12.2.
After the occurrence of the event of Force Majeure, TZAG shall inform user without delay via E-mail about the nature of the event, the time, the date of the event, and the likely effects of the event on TZAG’s ability to fulfil its contractual obligations.
12.3.
After the termination of the event of Force Majeure, TZAG shall inform user without delay about this termination and resume the fulfillment of its obligations.
12.4.
TZAG shall do everything within its power that may be necessary and reasonable to reduce the extent of the delay or the non-fulfilment and their consequences resulting from Force Majeure. This also applies if the reason for the delay or the non-fulfilment is not in its own sphere of responsibility. Further costs resulting therefrom shall be borne by the contractual party in whose sphere of responsibility the reason is based.
12.5.
Once it establishes that the Force Majeure will last more than three (3) months, user may terminate the affected partial service with one (1) month’s notice. Sec. 12.4 also does not apply in this case.

13.

Liability

13.1.
Parties are liable towards each other under the statutory legal provisions insofar as the other party raises claims for damages based on a wilful act or gross negligence, including a wilful act or gross negligence of repre-sentatives or assistants.
13.2.
In the case of TZAG being blamed for a minor negligent breach of a principal contractual duty, the fulfilment of which alone makes proper implementation of the contract possible, and the breach of which jeopardises the achievement of the contractual object, and on observance of which the user may duly rely, TZAG's liability in damages will be limited to the predictable, typically occurring damage
13.3.
Liability for culpable loss of life, bodily injury, or impaired health, and liability under the Product Liability Act remain unaffected
13.4.
Apart from that, any liability of TZAG towards user is excluded.

14.

AGREEMENT PERIOD, TERMINATION

14.1.
The usage relationship comes into force with user’s registration and acceptance of these usage terms and is concluded for an indefinite period of time.
14.2.
If a definite initial period is agreed for the usage relationship, the usage relationship automatically extends for the same period as the initial period, but in no case more than one year insofar as the usage relationship was not terminated pursuant to Sec. 14.3 or 14.4.
14.3.
If a definite contractual period is agreed, the usage relationship may be terminated in total or in part (regarding individual services subject to a charge) by both parties with 14 days’ notice before expiry of the contractual period. Apart from that, the usage relationship may be terminated in total or in part (regarding individual services subject to a charge) by both parties with 14 days’ notice before the end of the month.
14.4.
The right to terminate for cause remains unaffected. A cause is especially given for TZAG if taskzone is completely ceasing its business activities and the maintenance of the business is unreasonable until the earliest possible ordinary termination, or the business is prohibited by a judicial or governmental decision.
14.5.
All terminations under this agreement have to be made in writing. The electronic transmission of the written termination notification (by fay or scanned by email) is sufficient.

15.

TERMINATION ADDITIONAL SERVICES / USAGE RELATIONSHIP

15.1.
If the services subject to a charge are not carried on, all entered data remain stored and accessible in the user’s user account. Only the enhanced features are not available for user. TZAG reserves itself the right to delete data that require more space than the guaranteed amount for the use free of charge.
15.2.
If the usage relationship is terminated in total, only the data and content entered by user that are not needed by other users are deleted. Data and content supposed to be used by other users after termination of the usage agreement, e.g. within joint task planning and group functions, remain stored and displayed (including the user’s display name) until the joint task or function is completely deleted. Insofar as data may not be deleted due to mandatory storage obligations, they are only blocked.
15.3.
In any case, before termination of the usage relationship, user is obliged to transfer data and content that are needed after the termination of this usage relationship to his own system.

16.

FINAL PROVISIONS

16.1.
User may in total only transfer rights and obligations under this agreement to third parties after explicit written consent by TZAG. However, TZAG may transfer rights and obligations under this agreement to a group company as defined in Art. 15 of the German Companies Act – Aktiengesetz.
16.2.
The contractual relationship of the Parties is governed by German law, excluding UN-Sales law.
16.3.
If user is an entrepreneur, or a government entity or special governmental estate, Burscheid (District Court Leverkusen, Regional Court Köln) is venue for all disputes arising out of this usage relationship, unless an exclusive legal jurisdiction exists.