Terms and Conditions
plazz AG < hereinafter referred to as PLAZZ >
As of March 2024
1. General information
1.1 All offers, contracts and MEA, registr or Polario use are subject to the General Terms and Conditions, hereinafter referred to as GTC, of plazz AG – hereinafter referred to as PLAZZ.
1.2 Regulations deviating from PLAZZ’s terms and conditions shall not be recognised unless they are listed in PLAZZ’s offer and have been confirmed in writing.
1.3 PLAZZ is entitled to amend these General Terms and Conditions at any time. The customer will be notified of any amendments by email to their specified email address at least two weeks before they come into effect.
2. Order placement / Service agreement
2.1 All offers are subject to change and may be revoked at any time, but no later than the next working day after PLAZZ has issued a legally binding order confirmation to the customer. PLAZZ will prepare a tailored offer based on an enquiry, which must be confirmed in writing within the specified period. This confirmation may be sent by post, email, fax or digitally via CRM. For orders placed by the customer’s purchasing department, reference must be made to the PLAZZ offer and any event data.
2.2 An offer shall also be deemed to have been bindingly accepted if it is accepted or approved informally and in good time by e-mail.
2.3 If the customer accepts/approves the offer or places the order after the deadline specified in the offer, PLAZZ is free to confirm the order on its part under the terms and conditions offered or to readjust the offer in terms of time, financial and content aspects. These changes must be confirmed/approved again by the client in order for a contract to be concluded.
2.4 The General Terms and Conditions shall be deemed accepted upon placement of the order.
3. Cooperation with customers
3.1 The customer undertakes to provide all necessary data correctly.
3.2 PLAZZ reserves the right to charge separately for the processing of documents and materials that are not provided by the customer in the required manner.
3.3 If PLAZZ takes into account subsequent change requests made by the customer, the customer will be invoiced for the additional costs incurred as a result, based on the agreed hourly or daily rates.
4. Scope of services and fees (payment)
4.1 The scope of services is based on the customer information valid at the time of order confirmation. The customer has no claim to subsequent extensions or price changes to approved PLAZZ offer packages, nor to a refund of the fee paid; in particular, this does not justify a right of termination on the part of the customer. However, the service may be extended with the consent of PLAZZ.
4.2 One-off fees, provision fees, variable fees such as licences or on-site service, as well as content and consulting services, shall be invoiced upon provision of the service or immediately upon delivery. In special cases, deviations from this may be made, provided that this has been contractually agreed.
4.3 All prices quoted are in EURO and are net prices excluding statutory value added tax (currently 19%, which will be added in the event of invoicing).
4.4 The final invoice shall be issued at the latest after the service has been provided. Payment shall be due at the latest after acceptance of the contractually agreed service. Discounts and invoice deductions shall not be granted. After expiry of the payment terms, the customer shall be in default. PLAZZ shall be entitled to charge a reminder fee of €12 or default interest of 5% above the current base rate of the European Central Bank for reminders after the first reminder.
4.5 PLAZZ retains all rights of use to the services provided until full payment has been made. These rights are only transferred to the client once full payment has been made. In the event of a significant delay in payment, PLAZZ is entitled to block access to the software applications or the associated content management system. In this case, the customer remains obliged to pay the invoiced amounts.
4.6 Any travel expenses incurred in connection with services offered, such as a booked on-site service, are generally a stated component of an offer made by PLAZZ.
4.7 If the customer defaults on payment of a significant portion of the remuneration for two consecutive months, PLAZZ may terminate the contractual relationship for good cause without notice.
4.8 The customer may only offset claims by PLAZZ with undisputed or legally established counterclaims. The customer is also only entitled to assert a right of retention or a right to refuse performance on the basis of undisputed or legally established counterclaims.
5. Contract term
5.1 Unless otherwise agreed, a contract term of six months from the date of order placement applies to services to be provided on a regular basis (e.g. hosting and event app). However, the contractual relationship between the customer and PLAZZ shall commence no later than the date on which the access ID for the PLAZZ hosting/event app admin interface is activated. This date shall then represent the start of the contract and billing, regardless of the date of payment.
5.2 Notice of termination must be given in writing to be effective.
5.3 The right to terminate the contract without notice for good cause remains unaffected. Good cause shall be deemed to exist in particular in the event of serious or repeated breaches of the contractual provisions or if the contract cannot be performed. In the event of termination for good cause, PLAZZ shall be entitled to discontinue the development or submission of a product, to immediately deny access to PLAZZ hosting and to disconnect the Internet addresses (domains) associated with this contractual relationship from the server. This shall result in the deletion of the domain. In this case, PLAZZ may also immediately block and delete stored content and email messages without setting a grace period.
5.4 Contracts based on Polario, e.g. as an employee app or ‘community app’, have a minimum term of 24 months and are automatically extended by 12 months unless terminated 4 weeks before the end of the minimum term of the contract.
6. Availability, maintenance
6.1 PLAZZ guarantees 98% availability of the servers and thus of the content and stored e-mail messages per annum. PLAZZ therefore does not guarantee the uninterrupted availability of data and may use the remaining time for technical work. PLAZZ shall not be liable for any loss of data, interrupted data transfers or other problems in this context caused by technical failures.
Project-specific special agreements shall be set out in a contract.
6.2 Unless specifically requested, the customer is not entitled to their own IP address, their own physical server for their content, or a dedicated bandwidth allocation (line capacity for data traffic). In order to reduce costs, operations are carried out on powerful central computers (servers) with one IP address and a total bandwidth available for the respective server, which means that fluctuations in the bandwidth actually available to the customer are possible.
6.3. Plazz regularly improves its SaaS solutions and reserves the right to add and/or replace functionally equivalent products or features if the product (e.g. MEA by Polario) reaches the end of its service life or if software requirements change.
7. Warranty
7.1 PLAZZ shall have the right to rectify any defects in the delivered software or defects in the installation or other documentation. Any defects reported by the customer within one month of acceptance of the project shall be rectified by PLAZZ free of charge.
7.2 Subsequent rectification of defects can be guaranteed by means of a separate support contract. This can be concluded as part of the project or subsequently.
7.3 The customer’s right to remedy the defect themselves and to reimbursement of the necessary expenses in accordance with Section 633(3) of the German Civil Code (BGB) is expressly excluded.
7.4 PLAZZ’s warranty does not cover defects attributable to open source systems/development software (CMS system, web shop systems, etc.) used. PLAZZ is not liable for faulty software provided by the supplier, but only for errors resulting from processing by PLAZZ.
7.5 PLAZZ develops apps for iOS. These apps are guaranteed to run on iOS devices for the last two operating system versions. In special cases, deviations from this rule are possible if specified in the contract.
7.6 PLAZZ develops apps for Android. These apps are guaranteed to run on Android devices for the two most recent operating system versions. In special cases, exceptions to this rule are possible, provided that this has been specified in the contract.
At the same time, due to the large number of devices on the market with different specifications and technical parameters, PLAZZ cannot guarantee that the app will run on all devices. A selection of devices on which the app is tested and should run is usually agreed with the customer and specified in the contract.
7.7 PLAZZ develops solutions for a range of browsers. The latest two versions of Firefox, Microsoft EDGE, Safari and Chrome are tested and supported. In special cases, deviations from this may be permitted, provided that this is specified in the contract.
7.8 Further claims by the customer are limited by the liability provisions of these General Terms and Conditions.
8. Limitation of liability and claims for damages
8.1 PLAZZ shall only be liable for damages caused by gross negligence or intent on the part of PLAZZ, its legal representatives or one of its vicarious agents, unless this concerns warranted characteristics or the breach of cardinal obligations. In the event of a slightly negligent breach of cardinal obligations, the obligation to pay compensation shall be limited to the foreseeable damage. The above limitation of liability applies to both contractual and non-contractual claims. Liability under the Product Liability Act and in the event of damage resulting from injury to life, limb or health remains unaffected.
8.2 Delays in performance are possible in cases of force majeure and due to events that significantly impede or render impossible the provision of services by PLAZZ (operational disruptions, strikes, etc.), regardless of whether these occur within PLAZZ’s own operations or those of third parties. In such cases, the customer may not claim damages for delay or non-performance, but shall agree to a reasonable grace period. In the event of a delay in performance for which PLAZZ is responsible, the customer shall only be entitled to a reduction in the amount charged by PLAZZ for the corresponding individual order at the time of ordering, to the exclusion of claims for damages.
8.3 PLAZZ shall not be liable for the correct functioning of Internet infrastructures or transmission paths that are not within the sphere of responsibility of PLAZZ or its vicarious agents (such as infrastructure operators, stores, hosts).
8.4 Despite careful content control, PLAZZ accepts no liability for the content of external links. The operators of linked sites or applications are solely responsible for their content.
8.5 Any claim for damages under these General Terms and Conditions shall be limited in amount to the remuneration payable for the period of performance.
8.6 No liability is accepted for deviations arising from technical circumstances and inconsistent standards, as the visual, content-related or performance-related presentation may vary on different output media. Such deviations may occur in particular due to display resolution, display size, device performance, etc. In this respect, the documents underlying the concept, such as illustrations, drawings, graphics, etc., are only approximate.
8.7 PLAZZ does not check whether the customer’s image, text, audio material, etc. is free of third-party rights (copyrights). This obligation is the sole responsibility of the client. The customer is liable for any damages.
8.8 PLAZZ does not guarantee the availability of specific app or domain names.
8.9 PLAZZ excludes any liability for the temporary unavailability of the hosted domain.
8.10 PLAZZ shall not be liable for any changes subsequently made by the customer themselves or by third parties.
8.11 PLAZZ checks all data returned to the client for viruses using up-to-date virus scanners. No liability can be accepted for potential virus infection of the customer’s/client’s computer by viruses from the Internet or viruses on data carriers (e.g. USB sticks). No claims for damages can be asserted.
9. Data protection
9.1 PLAZZ points out in accordance with Section 33 GDPR that personal data will be stored within the scope of contract implementation and, if necessary, forwarded to PLAZZ’s vicarious agents and service providers to the extent necessary.
9.2 The customer agrees that their data may be stored and processed by PLAZZ in electronic and other forms, insofar as this is necessary for business operations. Otherwise, personal data will only be collected, processed or used if the customer consents or if permitted by law.
10. Copyright, use of the work
10.1 Unless expressly stated otherwise, the text, image and audio materials created by PLAZZ, as well as programmes and programmed extensions and other media, are protected by copyright. Reproduction, provision and distribution are only permitted with the written consent of PLAZZ.
10.2 The customer only acquires the unrestricted and exclusive right of use for the content, layouts and software created specifically for them. They do not acquire the copyright to programmes, images, texts, videos, etc. that have not been specifically developed or produced for the customer. The customer does not acquire the right to edit or reproduce the software developed by PLAZZ.
PLAZZ retains the copyright to developed source codes or other self-created developments or designs even after handover; exceptions to this are separate contractual agreements.
10.3 PLAZZ reserves the right to transfer the rights of use for the services provided until full payment has been made. These temporary rights shall only be transferred to the client once full payment has been made.
10.4 Unless otherwise agreed in the contract, PLAZZ shall receive the unlimited right to display its name and logo as the developer on all products created by PLAZZ and to link from there (as far as technically possible) to its own website mobile-event-app.com. In addition, PLAZZ may use the completed projects for advertising purposes (e.g. naming and linking on its own website) as a reference.
10.5 PLAZZ shall maintain strict confidentiality towards third parties with regard to all operational processes, facilities, equipment, documents, etc. that become known to it in connection with its activities for the client or the client’s customers, and shall not make any such knowledge or information accessible to third parties.
10.6. The customer may not publish the work produced by PLAZZ under a different name, unless otherwise agreed in writing.
11. Miscellaneous
11.1 All offers and prices quoted by PLAZZ are always non-binding and subject to change unless they have been declared binding in writing. Furthermore, all texts, information, prices, etc. contained in the customer information are subject to change and errors excepted.
11.2 PLAZZ is entitled to commission third-party service providers to perform parts or all of the range of services. PLAZZ is entitled to change the Internet infrastructure used and the service providers and vicarious agents commissioned to perform the services at any time without separate notification, provided that this does not result in any disadvantages for the customer.
11.3 A change in the legal form of the PLAZZ company or a sale of individual business areas or the entire PLAZZ company or a change of shareholders does not constitute grounds for a special right of termination.
11.4 Unless otherwise specified in these General Terms and Conditions, amendments, supplements and subsidiary agreements to the contract must be made in writing to be valid. The written form requirement also applies to any waiver of this form requirement.
11.5 The place of performance for all services is Erfurt.
11.6 To the extent permitted by law, the place of jurisdiction shall be Erfurt. The applicable law is that of the Federal Republic of Germany.
11.7 Should any provision of the contract be or become invalid, or should the contract be incomplete, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision in a legally effective manner. The same applies to any contractual gaps.
