Under the domain quinta-digital.com as well as quinta.digital and contentcommerce.tools, Quinta Digital GmbH, address: Jüdenhainer Str. 3c, 08058 Zwickau, (imprint under: https://quinta-digital.com/imprint/, hereinafter referred to as “Quinta Digital”) operates a website-based, fee-based service through which customers can manage and optimize their affiliate activities with affiliate networks and programs. Fee-based services are hereinafter referred to as “service”. The purpose of the service is to create the technical platform for the necessary data collection and processing and to enable the customer to access it via telecommunications connection (e.B. Internet) and to use the functionalities of the service. This offer is aimed exclusively at entrepreneurs, members of the liberal professions and authorities.
§ 1 Scope of application
(1) These General Terms and Conditions (GTC) are an integral part of the contract and apply exclusively. The Provider does not recognize any terms and conditions of the User that conflict with or deviate from the Terms and Conditions of the Provider, unless the Provider has expressly agreed to their validity.
(2) These GTC apply only to companies acc. § 14 BGB.
(3) By registering with the provider, the user will be made aware of the terms and conditions and the user will confirm the validity of the general terms and conditions. They therefore apply comprehensively to the use of the contractual standard software.
§ 2 Subject matter of the contract
(1) These terms and conditions govern the temporary use of the contractual standard software in its version current at the time of conclusion of the contract by the user.
(2) The software is provided by the provider as a SaaS or cloud solution. The user can use the software stored and executable on the servers of the provider or a third party commissioned by the provider via an Internet connection for the duration of the contract.
(3) The license to the software can only be acquired by entrepreneurs within the meaning of § 14 BGB (German Civil Code).
§ 3 Conclusion of contract, duration of contract
(1) The contract is concluded by the registration of the user by pressing the “register for a fee” or similarly marked button after filling in the corresponding booking form. In doing so, the user can use clearly visible links
– these GTC and
take note of and, if necessary, receive the acceptance of his contract offer made in this way by the provider by e-mail, whereby the GTC are attached in text form.
(2) As part of the conclusion of the contract, the user will also conclude an order processing contract with the provider online.
(3) The contract runs for an indefinite period of time and can be terminated by both parties with a notice period of 30 days to the end of the month.
(4) The user is not entitled to adequate, effective and accessible technical means for correcting input errors in the order, the provision of legal information in electronic business transactions in accordance with § 312 i para. 1 No. 2 BGB and an immediate confirmation of receipt of his order. Insofar as such means or information are made available, this is done without recognition of a legal obligation.
§ 4 Payment
(1) The monthly remuneration depends on the scope and can be viewed in the current price list under https://quinta-digital.de/#preise .
(2) This and all other prices of the provider are in euros and are net plus VAT, insofar as this is incurred.
(3) The payment of the current remuneration shall be made by the agreed payment method.
(4) If the user is in default with the payment, he is obliged according to § 288 BGB to pay default interest and the lump-sum damages regulated therein.
(5) If the user is in default with his payments, the provider can assert a right to refuse performance by temporarily blocking the user’s access to the software. In this case, the user is still obliged to pay the fee despite blocked access. If the legal requirements are met, the provider may acc. § 543 BGB due to default of payment also terminate without notice.
(6) The provider is entitled to exercise a right of retention due to all claims arising from the business relationship with the user.
§ 5 Availability of the software, force majeure
(1) The provider is obliged to make the software permanently available to the user for use at the router exit of the data center in which the server with the software is located (“transfer point”). The service of the provider includes the software in its current version, the computing power required for its use and the required storage space on a server that can be selected via the Internet together with dial-up logistics for the user. The provider does not owe the data connection between the user’s IT systems up to the transfer point just defined.
(2) The provider is entitled to temporarily restrict or completely block the use of the site, in particular for maintenance, care and improvement as well as for other reasons necessary for the operation of the provider or the software. The provider will take into account the average needs of the users as far as possible (e.g. when determining maintenance times). In the event of urgent faults, the provider is also entitled to rectify errors during normal business hours.
(3) The user should notify the provider of functional failures or malfunctions of the software as quickly and precisely as possible.
(4) If the provider is unable to provide services due to force majeure, the provider’s obligation to provide services shall be suspended as long as the impediment to performance continues.
(5) If the impediment to performance lasts more than one week, the user has the right to terminate the contract without notice if the fulfilment of the contract is no longer of interest to him as a result of the obstacle.
§ 6 Provision of services, support
(1) The user can get help from the provider for the operation of the software (support). This is done first by the FAQ, printed under https://quinta-digital.de/faq/ and the help function under https://quinta-digital.de/hilfe/ . Furthermore, the user can contact the provider by telephone, in writing or otherwise electronically, if the user has questions about the use and function of the software beyond the FAQ and the help.
(2) The user is only entitled to the support services actually offered by the provider.
(3) The provider may make the support service dependent on sufficient authentication of the customer.
(4) Insofar as the provider provides electronic support, the user allows the provider access to all its system components at any time for the purpose of support. The provider provides a possibly necessary remote access connection and the associated effort free of charge. The user is not entitled to claim his own costs against the provider in connection with the remote access connection and the provision of support, such as connection or administrator costs, time expenditure, etc.
§ 7 Updates
(1) The provider is constantly developing the software and its services. Improvements and updates of the standard software within the scope of the previous functionalities and in adaptation to changed legal and technical framework conditions are voluntarily made available to the user automatically within the scope of the transfer.
(2) The user is not entitled to certain improvements (unless the software is or will be defective) or a specific sequence of measures.
(3) In particular, the user has no claim to further developments with additional functions, the use of which can be made dependent on a change in the contract by the provider, in particular an adjustment of the remuneration.
§ 8 Prohibited uses
(1) The user is prohibited from using the cloud software excessively and in a spamming manner. He must take all precautions that exclude unlawful, spamming or otherwise excessive use.
(2) The user is prohibited from infecting or contaminating the software or the servers on which it runs with harmful code (computer viruses, worms or Trojans, etc.) or from negligently enabling such use.
(3) A transfer, subletting, sublicensing or other resale of the software by the user is not permitted, unless this has been expressly agreed.
§ 9 Obligations of the user, cooperation
(1) The user is obliged to provide the data required for the contract completely and truthfully. The obligation to provide truthful information applies in particular to the company, the first name and surname, the complete address as well as the contact options and the bank details. If the user provides untrue information, the provider can terminate the contract without notice for good cause.
(2) The user is obliged to keep his data up-to-date in each case and to notify the provider of any changes immediately.
(3) The user receives the access data to the software from the provider. The purpose of the access data is to exclude the use of the hosted software by unauthorized persons. These access data must be protected by the user from unauthorized access by third parties and changed at regular intervals for security. Digitally, the user may only store user names and passwords securely encrypted.
(4) In the event of repeated incorrect entry of the access data, access can be blocked to protect the user. If the user is responsible for this blocking, he is liable for the costs and expenses of the provider incurred by the activation within the framework of the contractually agreed or local and reasonable costs.
(5) The user is obliged to inform the provider immediately if the user becomes aware that third parties have access to his access data or have otherwise gained access to his user profile. If the user does not notify the provider immediately, he is obliged to compensate the provider for the resulting damage.
(6) The provider backs up the user’s data on the server for which the provider is responsible and regularly on an external backup server.
(7) The user can, as far as technically possible, excerpt this data at any time for backup purposes and is obliged to do so at the end of each working day. If this is not possible, the provider provides the customer with the data weekly as a backup.
§ 10 Warranty
(1) The provider provides a warranty for the software in accordance with the applicable statutory provisions, unless otherwise stipulated below. The provider provides the warranty only within the scope of the properties of the software offered and described by him. The provider does not guarantee that the software corresponds to the interests or operational peculiarities of the user, unless there is a corresponding consulting or other fault of the provider.
(2) Any no-fault liability acc. § 536a BGB of the provider for initial defects. The provider is only liable for initial defects if he knew or should have known this defect and did not inform the user accordingly.
(3) The user has no claim for defects if the software does not function properly, because the user uses it under unannconcluded conditions of use or in an agreed system environment or otherwise in violation of § 8 of this contract or has changed it himself or by third parties adversely and this is responsible for the defect.
(4) The user is obliged to report any defects in a comprehensible and detailed manner. In particular, the user must specify the work steps that led to the occurrence of the defect, the mode of appearance and the effects of the defect.
(5) If the user reports a defect even though he is responsible for the malfunction himself, the provider is entitled to charge the user the costs for the support provided at the provider’s consulting prices valid at that time (to be found under quinta-digital.de/#preise ) , alternatively on the basis of the usual and reasonable costs for such a support service.
(6) The correction of defects takes place within the business hours of the provider by free repair of the software. The provider is entitled to a reasonable period of time for this.
(7) The user is obliged to support the provider to a reasonable extent in the elimination of defects.
(8) Claims of the user due to material and/or legal defects shall become statute-barred one year after delivery of the software. This does not apply if the provider has acted intentionally or grossly negligently or if the life, body, freedom or health of the user have been injured by the defect.
§ 11 Liability
(1) The provider is liable, regardless of the legal grounds, for intentional or grossly negligent conduct as well as in the event of culpable injury to life, body and health or in the event of a violation of the Product Liability Act or in the case of a warranted property in terms of the amount.
(2) In the event of a slightly negligent breach of contract of non-essential contractual obligations, the provider is not liable. In the event of a breach of non-essential contractual obligations, the liability of the provider is limited to compensation for the typical damage foreseeable at the time of conclusion of the contract. Essential contractual obligations are those obligations that protect essential contractual legal positions of the user, i.e. which the contract must grant the user according to its content and purpose, as well as obligations whose fulfillment makes the proper execution of the contract possible in the first place and on the observance of which the user may regularly rely.
(3) In all other respects, the liability of the provider, regardless of the legal grounds, is excluded. This limitation of liability also applies in favor of the employees and collaborators of the provider as well as its vicarious agents and vicarious agents and subcontractors. A reversal of the burden of proof is not associated with the above provisions.
(4) The content of users published on the website of the provider is not checked by the provider for its legality, correctness and completeness and does not represent the opinion of the provider. The provider is not responsible for third-party offers and content.
§ 12 Copyrights of the provider, licenses
(1) The provider grants the user the non-exclusive, non-transferable and non-sublicensable right to use the contractual software for the duration of the contract.
(2) Unless permitted by law, the user is in particular prohibited from:
– translate, edit, mix or otherwise modify the Software; this also applies to the associated documentation,
– to decompile, imitate, reverse engineer the software,
– to reproduce the software or the documentation, insofar as this is not necessary for the contractual rental use,
– to remove, change or obscure trademarks, copyright or other proprietary rights notices of the provider on the software
(3) The user’s data collected, processed and generated by the software are stored on the provider’s servers. The user remains the sole owner of the data. In this respect, the provider is only a processor.
§ 13 Data protection
(1) For the contract, acc. Art. 6 para. 1 lit. b GDPR contract data collected (e.g. name, address and e-mail address, any services used and all other data transmitted electronically or for storage that are necessary for the execution of the contract), insofar as they are necessary for the establishment, content design or amendment of this contract.
(2) The contract data will only be passed on to third parties if it is necessary (according to Art. 6 para. 1 lit.b GDPR) for the performance of the contract, this corresponds to the overriding interest in an effective service (according to Art. 6 para. 1 lit. f GDPR) or if the consent of the data subject (according to Art. 6 para. 1 lit. a GDPR) or other legal permission exists. The data will not be passed on to a country outside the EU unless the EU Commission has established a comparable data protection as in the EU, consent to this or the standard contractual clauses have been agreed with the third party provider.
(3) Data subjects may request information about the stored personal data at any time free of charge. You can request correction of incorrect data at any time (also by supplementation) as well as a restriction of their processing or the deletion of your data. This applies in particular if the purpose of the processing has expired, a required consent has been revoked and there is no other legal basis or the data processing is unlawful. The personal data will then be corrected, blocked or deleted immediately within the legal framework. You have the right to revoke your consent to the processing of personal data at any time. This can be done by means of an informal notification, e.B. by e-mail. The revocation does not affect the legality of the data processing carried out until then. Transfer of contract data in machine-readable form may be required. If a violation of the law is feared by the data processing, a complaint can be submitted to the competent supervisory authority.
(4) In principle, the data will only be stored for as long as the purpose of the respective data processing requires. Further storage is particularly possible if this is still necessary for legal prosecution or for legitimate interests or if there is a legal obligation to retain the data (e.g. tax retention periods, limitation period).
(5) The user allows the provider to reproduce the data fed in by the user, insofar as this is necessary for the provision of the services owed under this contract. The provider is also entitled to store the data on a failure system or separate failure data center. In order to eliminate malfunctions, the provider is also entitled to make changes to the structure of the data or the data format.
(6) The provider undertakes to keep secret all information and documents accessible in connection with the conclusion of the contract, which are designated as confidential or are clearly recognizable as business or trade secrets of the customer under other circumstances, and not to record, pass on or exploit them – unless required to achieve the purpose of the contract. By means of suitable contractual agreements with the employees and/or agents working for them, the provider has ensured that they also refrain from any own exploitation, disclosure or unauthorized recording of such business and trade secrets. Corresponding obligations apply to the customer with regard to business and trade secrets of the provider.
(7) The provider undertakes to use this data solely for the provision of services and not to pass them on to third parties, unless these third parties are involved in the provision of services. The customer indemnifies the provider from all claims of third parties with regard to data provided by the customer. Unless otherwise agreed, the customer permits communication by telephone and e-mail.
Despite all care, computer viruses or the like can be transmitted when communicating by e-mail. The customer must take appropriate precautions to prevent damage to his systems. E-mails can be read by third parties. This risk can be mitigated by encryption but not completely excluded. The customer accepts this.
§ 14 Mediation
(1) In the event of disputes arising from the business relationship between the provider and the user, the parties are obliged to strive for an amicable solution. If an agreement is not reached, they undertake to settle their differences in mediation before recourse to the courts. The possibility of urgent proceedings by way of interim legal protection remains unaffected.
2. Where one party requests mediation from the other party, both parties shall be obliged to agree on a mediator within eight days. If this agreement is not reached in due time, a lawyer’s mediator – whereby primarily those mediators who offer online mediation are to be chosen – is binding on the parties at the request of one of the parties by the President of the Bar Association or one of his representatives at the registered office of the provider. This is also the place of mediation, unless the Chamber Presidium makes a proposal for online mediation. The language of mediation is German unless all parties agree on another language.
(3) Legal recourse (or an alternatively agreed arbitration, if applicable) is only permissible if the mediation has failed because: (a) the parties mutually declare the mediation to be terminated; (b) further negotiations are refused by a party after the first mediation session; (c) the mediator declares the mediation to have failed, or (d) an agreement is not reached within 3 months of the start of the first mediation meeting, unless the parties extend the deadline by mutual agreement.
(4) The costs of unsuccessful mediation shall be borne internally by the parties vis-à-vis the mediator. Notwithstanding this provision in relation to the mediator, the parties remain at liberty to demand reimbursement of these costs and those of any accompanying legal advice as legal costs in subsequent proceedings, the respective dispute decision shall then apply. If an agreement is reached, the agreed cost regulation shall apply.
§ 15 Place of jurisdiction, applicable law
(1) The place of performance is the registered office of the provider.
(2) For all current and future claims arising from the business relationship with a user who is an entrepreneur within the meaning of § 14 BGB, the exclusive place of jurisdiction is the registered office of the provider. The same place of jurisdiction shall apply if the user does not have a general place of jurisdiction in Germany, moves his domicile or usual place of residence out of Germany after conclusion of the contract or if his domicile or usual place of residence is not known at the time the action is brought. However, the provider is entitled at any time to sue the user at his place of business or any other permissible place of jurisdiction.
(3) All legal relationships between the parties shall be governed exclusively by German law.