by plentysystems AG
34117 Kassel, Germany
represented by the directors Jan Griesel and Bernhard Weiß
plentysystems AG offers a software for usage on a server suitable for business processes in online trade (plentymarkets).
plentysystems AG operates the plentyMarketplace platform. Plugin providers can market plugins using this platform. A project board is also part of the plentyMarketplace. Its use is subject to the following conditions.
Business conditions for plugins
The purchase and usage of plugins is governed by the plentyMarketplace Terms and Conditions. The plugin provider agrees to these conditions and they are incorporated in this contractual relationship including all contained regulations.
Plugins may only be integrated into the plentymarkets software if they have been distributed via plentyMarketplace.
The plugin provider is programmer of plugins or has other proven exclusive usage rights for them. These plugins are extensions for the plentysystems AG software.
The plugin provider tasks plentysystems AG within the following agreement to offer their plugins to plentymarkets users.
Plugins are distributed under the licencing conditions contained in the plentyMarketplace terms. The plugin provider may choose to offer their plugins as free open-source software.
The plugin provider gives the binding assurance to have distribution permission for the plugins and not to violate any third party rights.
Clients and contractual relationship
For plugin purchases, all plugin clients (users) are inliidual contract partners of the respective plugin providers. All contracts between plugin providers and the users are exclusively made in this relationship. The contracts are made via the plentyMarketplace platform, and plentysystems AG is representative with power to conclude agreements.
The plugin provider is aware that any warranty and liability claims from his services only affect him. If plentysystems AG is used in these claims, the plugin provider indemnifies plentysystems AG of all claims.
The liability of plentysystems AG for operating plentyMarketplace and plentymarkets (software) is not affected.
This agreement also aims to ensure simple and easy payments for all users.
plentysystems AG accepts user payments on behalf of the plugin provider. It acts as representative with the power to conclude agreements.
The plugin provider authorises plentysystems AG to accept payments from users. The service provider for accepting payments is PayPal. In case plentysystems AG plans to introduce additional payment methods, the plugin provider accepts them in advance.
Receipts for earned funds are issued and the funds are forwarded monthly until the 15th day of the following month the latest.
A direct forwarding of the payments can be arranged by plentysystems AG.
All payments and transactions are made in Euro.
plentysystems AG receives a compensation from the plugin provider for supplying the distribution platform. The compensation amounts to 10 percent of the net sales earned by the plugin provider. The compensation is payable plus VAT. The compensation may be adapted by written agreement.
The plugin provider agrees that plentysystems AG withholds the compensation amount from the earnings that plentysystems AG receives according to the payments described in clause 5.
The compensation shall be charged once a month in the following month. All costs and fees incurred for payment processing at the payment service providers used shall be borne by the plugin provider.
Both contract parties may terminate this agreement within a term of one month towards the end of the month in writing.
The right for termination without notice due to important reasons remains unaffected.
plentysystems AG provides the plugin provider with all required information about interfaces in order for him to develop, maintain and enhance plugins. The plugin provider is obliged to maintain their plugins.
Plugins must not violate the software Terms and Conditions nor contribute to a violation. plentysystems AG may temporarily suspend or disable plugins that constitute a violation or a contribution to a violation in terms of the software Terms and Conditions. The plugin provider cannot deduce any compensation or refund claims.
If plentysystems AG determines that a plugin violates the plentymarkets Terms and Conditions or third party rights, the plugin will be temporarily suspended at plentymarkets’ own discretion and plentymarkets will request the plugin provider to comment, correct the violation and/or rights clearance. If the issue cannot be resolved or the plugin provider does not react within 9 working days, the plugin remains suspended.
Obligations and processing
The user may continue to use the plugins independently of the survival of this contractual relationship once he purchased them once. However, they may only be used as long as they comply with the respective plentymarkets development status. The plugin provider is obliged to maintain their plugins.
Offer of services
The provider commissions plentysystems AG under this agreement to offer its services to the users of plentymarkets.
At the same time, the provider assures that it will not offer the services elsewhere that can be booked via the plentyMarketplace and that it will not bypass the plentyMarketplace, especially when processing the booking of the service. Violation of this assurance shall constitute an extraordinary reason for termination. No prior reminder is required.
The concrete design of the offers shall be determined by the technical and design guidelines on the websites of the plentyMarketplace. The provider is unrestricted in the description of the content of the services, as long as there is a direct connection with the plentymarkets software and the following conditions are met.
Clients and contractual relationship
The user is the client of the contracting party/provider. All contracts between the provider and the users shall be concluded exclusively in this relationship. The contracts are concluded via the plentymarkets Marketplace platform and plentysystems AG is a representative with final power of attorney.
The provider is aware that all warranty and liability claims from its services apply only to it. Should a claim be exercised against plentysystems AG, the provider shall indemnify plentysystems AG against all claims.
The liability of plentysystems AG for the operation of plentymarkets Marketplace and plentymarkets (software) shall remain unaffected.
The specific design of the service is determined by the description in the offer on plentyMarketplace. plentymarkets and these conditions make no decision as to whether these are service or work contracts.
Payment process and remuneration
The aim of this agreement is also to ensure that the payment process is simple and clear for all users. The payment process and remuneration take place according to paragraphs 4 and 5 of these conditions.
The provider warrants that it has the necessary qualifications, the necessary expertise and the expertise to provide the services it offers.
Principles of service
The content-related principles of section 15 of these Business Conditions shall also apply to services offered.
Scope of applicability of the project board
plentymarkets enables its partners and customers to publish offers on services and consulting as well as requests for services or consulting on the project board. Publication of these advertisements is subject to the following conditions.
Publication of the advertisements is free of charge. We retain the right to publish future advertisements subject to a fee within the scope of a predetermined price list.
The contract governing publication is created as described below:
The order data is entered using a form on the website. The user must have already logged in using an existing plentymarkets account.
There is an option to select between different levels of visibility and status of the advertisement.
The form and the advertisement require the following minimum information: title, description, budget, contact, duration of the enquiry time range and at least a telephone number or email to make contact.
Advertisements can be changed. Changes take place using a form identical to that used for initial publication, and are published immediately after data entry and storage. All changes are tracked in detail for all participants using a version system.
Publication is in principle not subject to any fixed period of time. However, plentymarkets reserves the right to disable advertisements containing a request after the quoting period has expired. The offer/request can also be actively cancelled by the user.
The content of advertisements must be directly related to plentymarkets. Publications which refer to competitors and competitive products are not permitted. Publications referring to interfaces are permitted if they are available as plugins on plentyMarketplace as well.
plentymarkets is entitled to refuse an advertisement if there are specific reasons to believe that the advertisement violates applicable law or infringes or violates the rights of third parties, or if the advertisement is unreasonable for other causes.
In particular, the publication of advertisements shall be considered unreasonable if they violate the principles of child protection, have or refer to radical right-wing content, are grossly insufficient in terms of technical content and/or quality or are otherwise potentially capable of showing plentymarkets in a negative light and/or to significantly affect the trust of third parties.
Even during the publication of an advertisement, plentymarkets is entitled at any time to remove or disable it immediately without previous discussion with the contractor if there are specific reasons to believe that the advertisement violates applicable law or infringes or violates the rights of third parties, or if the advertisement is unreasonable for other causes.
plentymarkets will immediately inform the contractor, specifying reasons, if measures are taken for the reasons listed above.
The contractor is free to publish a new advertisement which meets contractual requirements. Any resulting delay shall be the sole concern of the contractor.
Content and rights to advertisements/Copyright
The contractor bears sole responsibility for the content of advertisements, particularly their correctness and legality, as well as that of the text and images provided for creation of the advertisements. plentymarkets bears no responsibility for examining the advertisement for infringement of the rights of third parties.
If trademarks or service marks are used in the publication of the advertisement, the contractor hereby grants permission or ensures that the necessary permissions are available.
The contractor shall hold plentymarkets harmless in accordance with the legal conditions of all third-party claims relating to rights violation in the above case and undertakes to provide compensation for any resulting disadvantages or damages.
Warranty and liability
plentymarkets guarantees the dissemination and provision of advertisements and content in accordance with the usual state of the art.
The supplier and client are responsible for compliance with any legal mandatory information and competition law regulations as well as compliance with the rules for the protection of intellectual property.
The contractor is aware of the fact that it is not possible under the state of the art to provide a website entirely free of presentation errors for all available browsers.
plentymarkets cannot assume liability for damages, delays or impediments to performance that are not its own responsibility.
plentysystems AG is only the operator of the "plentyMarketplace" platform. It is not a provider of the plugins or other consulting and service provider offerings (unless explicitly stated otherwise).
Regardless of the legal cause, the provider and plentysystems AG accept liability only for damages caused intentionally or due to gross negligence, or to the extent that culpably caused damage involves injury to life, limb or health, or in the case of culpable violation of a significant contractual obligation or cardinal duty or in the case of failure to fulfil a guarantee or if a deficiency is intentionally concealed. A "cardinal duty" in the sense of this clause is a duty on the part of the party to a contract whose performance makes the proper execution of the contractual relationship between the parties a possibility, the violation of which endangers the achievement of the purpose of the contract and on compliance of which the user can normally rely.
In the case of violation of a significant contractual obligation or cardinal duty that is due to simple negligence, the liability of plentysystems AG is limited to the typically foreseeable damages.
This agreement is final. Changes to the agreement are only possible at least in text form. This applies to this clause itself as well.
Applicable law, place of jurisdiction, contract language
The contractual relationship between the parties as well as any disputes resulting from this contractual relationship or in relation with it are subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Should the provider and/or advertising contractor be a business owner, a legal entity incorporated under public law or a special fund under public law, then the jurisdiction for any legal disputes resulting from contractual relationships between the provider and plentysystems AG shall be Kassel, Germany.
The contract language is German. An English translation of these conditions is supplied for information purposes only. When applying the conditions and inliidual clauses, only the text in German is binding.
Should one or more provisions of these Terms and Licencing Conditions be or become invalid in whole or in part, this shall not affect the effectiveness of the remaining provisions.