Terms and Conditions
1. Scope
(1) These terms and conditions (“Terms”) apply to all contracts between JASP Oldenburg & Henning PartG mbB, Dresdner Landstr. 11, 01744 Dippoldiswalde, Germany (“JASP”), and its customers for subscriptions to paid plans of software that JASP provides over the internet (“App”). Use of the App within the scope of the ordered plan is referred to below as the “Service”.
(2) JASP contracts only with businesses as defined in § 14 BGB, legal entities under public law and special funds under public law, in each case with their registered seat, domicile or establishment in Germany. When ordering, the customer confirms that it belongs to one of these groups of customers and does not act as a consumer.
(3) The customer’s own terms do not apply, even if JASP does not expressly object to them or performs knowing of them.
2. Conclusion of the contract
(1) Presenting the plans is not an offer. By clicking the “Place binding order” button (“Verbindlich bestellen” on the German order page), the customer makes a binding offer on the terms shown.
(2) The contract is concluded once the first payment succeeds. JASP then activates the Service and confirms the contract by email.
(3) If the first payment fails, the customer can try again. If no payment has succeeded within 24 hours of the order, no contract is concluded. JASP refunds any payment received after that.
(4) § 312i (1) sentence 1 nos. 1 to 3 and sentence 2 BGB do not apply. The customer can retrieve and save these Terms when ordering.
3. Service and changes to the Service
(1) The scope of the Service follows from the description of the booked plan at the time of order, such as the number of people and storage.
(2) JASP may change the Service for a valid reason, in particular technical development, security or changes in law, if the change is reasonable for the customer and does not reduce the features of the booked plan. JASP announces material changes at least 30 days in advance in text form; they take effect only from the start of a billing period. Until then the customer may cancel the contract without the notice under section 6(2), effective at the end of the billing period that ends before the change; section 6(8) applies.
4. Prices and payment
(1) The prices shown at the time of order apply, net plus statutory VAT (currently 19 %). The gross amount is charged. Plans are billed monthly or yearly. A yearly plan costs ten times the monthly price of the corresponding monthly plan per year; the same applies to add-on licences to a yearly plan (section 5(4)).
(2) Fees are payable in advance at the start of each billing period. A billing period lasts one month for a monthly plan and one year for a yearly plan. The first billing period starts on the day of the first payment. Each further period starts on the same day of the month (billing day), for a yearly plan in the same month of the following year; where a month does not have that day, it starts on the last day of that month. For a yearly plan and after a change between monthly and yearly billing, a day shortened in this way stays the billing day. German time applies.
(3) If JASP changes the price of a plan, a running subscription to that plan keeps its previous price.
(4) Payments are processed by the payment service provider Mollie B.V. The customer makes the first payment by card, PayPal or a SEPA-capable method offered during the order. With the first payment, the customer authorises JASP to collect the fees for each billing period and the amounts from plan changes and add-on licences (section 5) through the payment method stored at that time. The customer can change the payment method in the customer account.
(5) The pre-notification period for SEPA direct debits is one day.
(6) The customer agrees to receive invoices electronically.
(7) A discount code redeemed with the order reduces the net price by the stated percentage, for the stated number of months from the first billing period or, if none is stated, for as long as the subscription runs (“discount”). A yearly plan takes only discount codes for whole years; a billing period is discounted only if the discount covers all of it.
5. Plan changes
(1) The customer changes the plan in the customer account. A plan change and booking or cancelling an add-on licence are not possible while a failed payment under section 7 is outstanding, while a payment for the renewal, a plan change or an add-on licence is not yet completed, or after the customer deleted the item in the App (section 6(4)). While a change under paragraph 3 or 5 is scheduled, the customer cannot change to a more expensive plan or book or cancel an add-on licence; to do so it first withdraws the scheduled change.
(2) A change to a more expensive plan takes effect immediately. For the current billing period JASP collects at once the full difference between the gross total price after and before the change; each total comprises the plan and the booked add-on licences, less any discount that applies to the current billing period. This applies however much of the billing period is left; there is no pro-rata calculation. If the current billing period has already ended but has not been renewed yet, JASP collects no difference; the renewal charges the price of the new plan. The billing period and the billing day stay unchanged. If the charge of the difference fails, the previous plan applies again, unless the renewal has taken place in the meantime and the next billing period has already been billed at the price of the new plan; then the new plan stays. From the next billing period the price of the new plan applies.
(3) A change to a cheaper plan takes effect from the start of the next billing period at the price of the new plan. Until then the previous plan applies; the price difference is neither credited nor refunded. Until the end of the current billing period, the customer can withdraw the change by choosing the previous plan again. If a further billing period is still to be paid because the cancellation came late (section 6(2)), the customer can still choose the change for that billing period.
(4) Where a plan offers add-on licences, the customer adds them in the customer account. An add-on licence takes effect immediately. JASP collects at once its full price for one billing period (the monthly price for a monthly plan, the yearly price under section 4(1) for a yearly plan), less any discount that applies to the current billing period, for the current billing period, even when it is added during the billing period; there is no pro-rata calculation. If the current billing period has already ended but has not been renewed yet, JASP collects nothing at once; the renewal charges the add-on licence with it. If this charge fails, the add-on licence is not booked. After that the add-on licence renews with the subscription and is collected with its fee for each billing period. The customer may cancel an add-on licence without notice effective at the end of the current billing period; JASP does not refund the fee paid for it.
(5) Notwithstanding paragraphs 2 and 3, a change between monthly and yearly billing takes effect only from the start of the next billing period. Until then the paid billing period runs on unchanged; there is no pro-rata calculation, credit or refund. From the change JASP collects the full fee of the new billing period. A change from yearly to monthly billing therefore takes effect at the earliest at the end of the paid year. If the customer chooses another plan with it, that plan too applies only from the start of the next billing period, at the price shown with the change; until then paragraph 1 sentence 3 applies.
6. Term and cancellation
(1) The contract runs for an indefinite period in billing periods of one month (monthly plan) or one year (yearly plan). For a yearly plan the minimum term is one year. The contract renews automatically for a further billing period each time, for a yearly plan by one year, unless it is cancelled under paragraph 2.
(2) The customer may cancel in the customer account or in text form to the end of a billing period, for a monthly plan with 7 days’ notice, for a yearly plan with one month’s notice. The cancellation takes effect at the end of the first billing period whose end lies at least 7 days after it is received, for a yearly plan at least one month (§ 188(2) BGB). The notice follows the length of the billing period that ends; if a change under section 5(5) is scheduled, the following billing periods have the new length. If such a change is scheduled or withdrawn after the cancellation, JASP determines again the day the cancellation takes effect and confirms it by email. If it arrives later, the contract renews for one more billing period, which JASP charges as agreed. JASP confirms the cancellation by email, stating the day it takes effect. The Service remains usable until then; after that JASP charges nothing more. Fees already due and still open remain owed.
(3) Until the cancellation takes effect, the customer can undo it in the customer account; the contract then continues.
(4) If the customer deletes in the App the item for which it booked the Service (such as a room), this counts as cancellation of the contract including all add-on licences effective at the end of the current billing period, without the notice under paragraph 2; paragraph 8 applies. This also applies if the customer had cancelled itself before to a later day. The customer cannot undo this cancellation.
(5) If an order is cancelled before the first successful payment, for example by deleting the item in the App, it ends at once and no contract is concluded. JASP refunds any payment received after that.
(6) JASP may terminate with 30 days’ notice to the end of a billing period in text form; JASP does not refund fees paid in that case either.
(7) Either party may terminate the contract with immediate effect only for good cause (§ 314 BGB). Section 7 applies to failed payments.
(8) JASP does not refund fees paid, not even pro rata, neither on a cancellation or termination under section 3(2) or paragraphs 2, 4 and 6 nor when the contract ends under paragraph 7 or section 7. The exception is a termination for good cause because of a grossly negligent or intentional breach of duty by JASP: JASP then refunds the fee paid for the current billing period in full, including the amounts paid in it for plan changes and add-on licences. JASP refunds a payment for a plan change or an add-on licence that arrives only after the contract has ended.
(9) When the contract ends, the features of the plan end.
7. Failed payment
(1) If the charge for the fee for a billing period fails or is charged back, JASP informs the customer by email and sets a payment deadline of 7 calendar days from the failure or the chargeback. In this email JASP announces that the contract ends when the deadline expires unless payment has been made by then. The Service remains usable during the deadline.
(2) After 3 calendar days JASP retries the charge once. If the customer changes the payment method in the customer account during the deadline, JASP charges the new payment method at once. Further failed attempts do not extend the deadline.
(3) If payment has not been made when the deadline expires, JASP ends the contract on expiry of the deadline. Fees already due remain owed.
(4) In case of default, the customer owes interest of 9 percentage points above the base rate (§ 288 (2) BGB) and the flat fee under § 288 (5) BGB.
8. Liability
(1) JASP is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of any guarantee given.
(2) For slightly negligent breach of an essential contractual obligation, JASP is liable only for the typical damage foreseeable at the conclusion of the contract. Essential obligations are those whose fulfilment makes proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely.
(3) Otherwise, liability for slight negligence is excluded.
(4) Strict liability for defects existing at the conclusion of the contract (§ 536a (1) alt. 1 BGB) is excluded.
(5) These rules also apply in favour of JASP’s legal representatives, employees and vicarious agents.
9. Data protection
(1) Personal data that JASP processes as controller to perform the contract and for billing is governed by the privacy policy.
(2) Where JASP processes personal data on the customer’s behalf when providing the Service, the parties conclude a data processing agreement under Art. 28 GDPR, which JASP provides.
10. Final provisions
(1) The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes under this contract is JASP’s registered seat. JASP may also sue the customer at the customer’s general place of jurisdiction.
(3) Individual agreements take precedence over these Terms.
(4) Notices of termination and other declarations require text form (such as email) unless made via the customer account or the App. JASP writes to the email address given in the order; the customer informs JASP of any change to that address.
(5) Changes to these Terms apply to existing contracts only with the customer’s consent.
(6) These Terms are available in German and English. Only the German version is legally binding; the English translation is provided for convenience only.