General Terms and Conditions (GTC)
Version: 2 As of: 17.12.2024
Note: This English translation of the General Terms and Conditions is provided for convenience and information purposes only. Only the German version is legally binding.
§ 1 Contracting Parties
(1) The provider of the software offered under the Internet address plainstaff.com is auronet GmbH, based in Mönchengladbach.
(2) The provider offers its software exclusively to business entities within the meaning of § 14 BGB (hereinafter referred to as "User").
§ 2 Scope of Application
(1) These General Terms and Conditions (GTC) are an integral part of the contract and apply exclusively. Any terms and conditions of the User that conflict with or deviate from the provider's GTC are not recognized by the provider, unless the provider has expressly agreed to their validity.
(2) Upon registration with the provider, the GTC are made available to the User and the User confirms the validity of the General Terms and Conditions. They thereby apply comprehensively to the use of the contractual standard software.
§ 3 Subject Matter of the Contract
(1) These contractual terms govern the temporary use of the contractual software PlainStaff in its version current at the time of contract conclusion by the User.
(2) The software PlainStaff is provided by the provider as a SaaS or cloud solution. The User may 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 business entities within the meaning of § 14 BGB. Consumers within the meaning of § 13 BGB cannot be contracting parties.
(4) PlainStaff enables the recording and management of working and project times, the approval of absence requests, and the management of digital personnel and project files. The digital files enable the User to store and access employee- or project-related content up to the contractually agreed storage limit. Storing other content is not permitted. The User is responsible for checking content for viruses before storage. No virus scanning takes place in PlainStaff. Storage takes place encrypted in an area reserved for the User in the data center. The stored files must not exceed 5 GB in size and the maximum possible total storage size is 5 TB.
(5) The User uses PlainStaff either via a web browser or the PlainStaff App on a smartphone. The following web browsers may be used, each in the current version specified by the manufacturer:
- Microsoft Edge
- Google Chrome
- Apple Safari
§ 4 Conclusion of Contract, Contract Duration
(1) The contract is concluded by the registration of the User by clicking the "Start now for free" or similarly designated button after filling out the corresponding booking form. In doing so, the User can take note of
- these GTC and
- the Privacy Policy
via clearly visible links in each case and receives, where applicable, the acceptance of the contractual offer made in this way by the provider via email, with the GTC attached in text form.
(2) The contract runs for an indefinite period and can be terminated by either party at any time without notice.
(3) The User has no claim to appropriate, effective, and accessible technical means for correcting input errors during ordering, the provision of statutory information in electronic commerce pursuant to § 312 i para. 1 no. 2 BGB, and an immediate confirmation of receipt of the order. To the extent that such means or information are provided, this is done without acknowledgment of any legal obligation.
§ 5 Payment
(1) Unless agreed otherwise individually, the fees for the service result from the respective price list on the provider's website. All price specifications are in Euros and are net plus value added tax, to the extent applicable.
(2) Payment of ongoing compensation takes place via the agreed payment method.
(3) If the User is in default of payment, the User is obligated under § 288 BGB to pay default interest and the lump-sum damages regulated therein.
(4) If the User falls into arrears with payments, the provider may assert a right of retention of performance by temporarily blocking the User's access to the software. In this case, the User remains obligated to pay the fee despite blocked access. If the statutory prerequisites pursuant to § 543 BGB are met, the provider may also terminate without notice due to payment default.
(5) The provider is authorized to exercise a right of retention for all claims arising from the business relationship with the User.
(6) During the free trial phase of the first month of the contract, no costs are incurred.
§ 6 Availability of the Software, Force Majeure
(1) The provider is obligated to provide the software to the User for use with an average availability of 99.5% over 365 days of 24 hours each at the router output of the data center in which the server with the software is located ("Handover Point"). The provider's performance includes the software in its current version, the computing power required for its use, and the necessary storage space on a server accessible via the Internet, including dial-in logistics for the User. The provider does not owe the data connection between the User's IT systems and the Handover Point just defined.
(2) The provider is entitled to temporarily restrict or completely block the use of the site, in particular for maintenance, servicing, and improvement, as well as for other reasons required for the operational processes of the provider or the software. In doing so, the provider will take into account the average interests of users as far as possible (e.g., in determining maintenance windows). In the event of urgent malfunctions, the provider is also entitled to eliminate errors during normal business hours.
(3) The User shall report functional failures or malfunctions of the software to the provider as quickly and precisely as possible.
(4) If the provider is unable to perform services due to force majeure, the provider's obligation to provide services is suspended for as long as the impediment to performance persists.
§ 7 Service Provision, Support
(1) The User can obtain help with operating the software from the provider (Support). This takes place primarily through the documentation at https://plainstaff.com/en/help. Furthermore, the User may contact the provider by phone, in writing, or otherwise electronically if the User has questions regarding the use and function of the software that go beyond the documentation.
(2) The User is only entitled to the support services actually currently offered by the provider.
(3) The provider may make the support service dependent on sufficient authentication of the customer.
(4) To the extent that the provider provides electronic support, the User allows the provider access to all of its system components at any time for support purposes. The provider provides any necessary remote access connection and the associated effort free of charge. The User is not entitled to assert its own costs against the provider that arise in connection with the remote access connection and the provision of support, such as connection or administrator costs, time expenditure, etc.
§ 8 Updates
(1) The provider continuously develops the software and its services. Improvements and updates to the standard software within the scope of previous functionalities and in adaptation to changed legal and technical framework conditions are voluntarily and automatically provided to the User within the framework of the provision.
(2) The User has no claim to specific improvements (provided the software is not or does not become defective) or a specific timeline of measures.
(3) In particular, the User has no claim to further developments with additional features; their use may be made dependent by the provider on an amendment to the contract, in particular an adjustment of the compensation.
§ 9 Prohibited Uses
(1) The User is prohibited from using the cloud software excessively and in a spamming manner. The User must take all precautions to 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 malicious code (computer viruses, worms, or Trojans, etc.) or from negligently permitting such use.
(3) Any transfer, subleasing, sublicensing, or other resale of the software by the User is not permitted unless expressly agreed upon.
§ 10 Obligations of the User, Cooperation
(1) The User is obligated to provide the data required for the contract completely and truthfully. The obligation to provide truthful information applies in particular to company name, first name and last name, complete address, as well as contact details and bank details. If the User makes untrue statements, the provider may terminate the contract without notice for good cause.
(2) The User is obligated to keep its data up to date at all times and to notify the provider of changes immediately.
(3) The User receives access data to the software from the provider. The access data serves the purpose of preventing unauthorized persons from using the hosted software. This access data must be protected by the User against unauthorized access by third parties and changed at regular intervals for security reasons. Digitally, the User may only store usernames and passwords in securely encrypted form.
(4) In the event of multiple incorrect entries of access data, access may be blocked to protect the User. If the User is responsible for this blocking, the User is liable for the costs and expenses of the provider arising from unlocking within the scope of the contractually agreed or customary and reasonable local costs.
(5) The User is obligated to notify the provider immediately if the User learns that third parties have access to its access credentials or have otherwise gained access to its user profile. If the User does not notify the provider immediately, the User is obligated to compensate the provider for the resulting damage.
(6) The provider backs up the User's data on the server responsible for the provider and regularly on an external backup server.
§ 11 Warranty
(1) The provider provides warranty for the software in accordance with applicable statutory provisions, unless regulated otherwise below. The provider provides the warranty only within the scope of the properties of the software offered and described by it. The provider provides no warranty that the software meets the interests or operational peculiarities of the User, unless a corresponding advisory or other fault of the provider exists.
(2) Any strict liability pursuant to § 536a BGB of the provider for initial defects is excluded. The provider is only liable for initial defects if the provider knew or should have known of this defect and did not inform the User accordingly.
(3) The User has no claims due to defects if the software does not work properly because the User uses it under non-agreed operating conditions or in a non-agreed system environment or otherwise in violation of § 3 of this contract or has modified it disadvantageously itself or through third parties and this is responsible for the defect.
(4) The User is obligated to report any defects traceably and in detail. In doing so, the User must in particular state the work steps that led to the occurrence of the defect, the manifestation, as well as the effects of the defect.
(5) If the User reports a defect although the User itself is responsible for the malfunction, the provider is entitled to charge the User for the costs of support provided at the provider's consulting rates applicable at that time (to be found at https://plainstaff.com/en/stundensaetze), alternatively based on customary and reasonable costs for such support services.
(6) The elimination of defects takes place within the provider's business hours by free rectification of the software. The provider is entitled to a reasonable period for this.
(7) The User is obligated to support the provider to a reasonable extent in eliminating defects.
(8) Claims of the User due to material and/or legal defects become time-barred in one year from delivery of the software. This does not apply if the provider acted intentionally or with gross negligence or if life, body, liberty, or health of the User were injured by the defect.
§ 12 Provider's Copyright, 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
- translating, editing, mixing, or otherwise modifying the software; this also applies to the associated documentation,
- decompiling, imitating, or reverse engineering the software,
- reproducing the software or documentation, unless necessary for contractual rental use,
- removing, modifying, or rendering illegible trademarks, copyright, or other proprietary notices of the provider on the software.
(3) The User's data recorded, processed, and generated by the software is 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, contractual data is collected pursuant to Art. 6 para. 1 lit. b GDPR (e.g., name, address, and email address, services utilized if applicable, and all other data transmitted electronically or for storage that is required for the execution of the contract), insofar as it is necessary for the establishment, content structuring, or modification of this contract.
(2) Contractual data is only passed on to third parties to the extent necessary for the fulfillment of the contract (pursuant to Art. 6 para. 1 lit. b GDPR), if this corresponds to the overriding interest in effective performance (pursuant to Art. 6 para. 1 lit. f GDPR), or if consent of the data subject (pursuant to Art. 6 para. 1 lit. a GDPR) or other statutory permission exists. Data is not passed on to a country outside the EU, unless comparable data protection to that in the EU has been established by the EU Commission, consent has been given, or standard contractual clauses have been agreed with the third-party provider.
(3) Data subjects can at any time request information free of charge regarding stored personal data. They can at any time request correction of inaccurate data (including by supplementation) as well as restriction of processing or deletion of their data. This applies in particular if the processing purpose has expired, a required consent has been revoked and no other legal basis exists, or data processing is unlawful. Personal data will then be immediately corrected, blocked, or deleted within the statutory framework. The right exists at any time to revoke consent given for the processing of personal data. This can be done by informal notification, e.g., by email. Revocation does not affect the lawfulness of data processing carried out up to that point. Transfer of contractual data in machine-readable format may be requested. If an infringement of rights is feared due to data processing, a complaint may be lodged with the competent supervisory authority.
(4) Data generally remains stored only as long as the purpose of the respective data processing requires. Further storage comes into consideration primarily if this is still necessary for legal prosecution or legitimate interests, or if a statutory obligation exists to retain the data (e.g., tax retention periods, statute of limitations).
(5) The User permits the provider to reproduce data fed in by the User insofar as this is necessary for the provision of services owed under this contract. The provider is also entitled to store the data on a failover system or separate failover data center. To eliminate disruptions, the provider is further entitled to make changes to data structure or data format.
§ 14 Mediation
(1) In the event of disputes arising from the business relationship between provider and User, the parties are obligated to strive for an amicable solution. If no agreement is reached, they commit to settling their differences in mediation before resorting to legal action. The possibility of urgent summary proceedings remains unaffected.
(2) If one party requests mediation from the other party, both parties are obligated to agree on a mediator within eight days. If this agreement is not reached within the deadline, a lawyer-mediator – with primary preference given to mediators offering online mediation – shall be bindingly appointed for the parties upon request of one of the parties by the President of the Bar Association or one of their representatives at the provider's registered office. This is also the location of mediation, unless the chamber presidency suggests online mediation. The mediation language is German, unless all participants agree on another language.
(3) Legal recourse (or alternatively agreed arbitration, if applicable) is only permissible once mediation has failed because (a) the parties mutually declare mediation terminated, (b) after the first mediation session further negotiations are refused by a party, (c) the mediator declares mediation to have failed, or (d) an agreement is not reached within 3 months after the start of the first mediation session, unless the parties mutually extend the deadline.
(4) The costs of an unsuccessful mediation are to be borne internally in equal parts by the parties towards the mediator. Notwithstanding this regulation in relation to the mediator, the parties remain free to claim reimbursement of these costs and any accompanying legal consultation as legal prosecution costs in subsequent proceedings, governed by the respective dispute decision. If an agreement is reached, the agreed cost regulation applies.
§ 15 Jurisdiction, Applicable Law
(1) The place of performance is the registered office of the provider.
(2) For all present and future claims arising from the business relationship with a User who is a merchant within the meaning of § 14 BGB, the exclusive place of jurisdiction is the business location of the provider. The same place of jurisdiction applies if the User has no general place of jurisdiction in Germany, moves its domicile or habitual residence out of Germany after contract conclusion, or if its domicile or habitual residence is unknown at the time of filing a claim. However, the provider is entitled at any time to sue the User at its place of business or any other admissible place of jurisdiction.
(3) For all legal relationships between the parties, German law applies exclusively.