Between Seller Solutions GmbH (hereinafter “Seller Solutions GmbH”)
and the customer (hereinafter “Client”):
1.1 Seller Solutions GmbH enables the Client to use the ReviewsFor.Me application as a SaaS application via the Internet in return for the remuneration stated in this contract.
1.2 The Client must register with Seller Solutions GmbH and will then receive his own access from Seller Solutions GmbH (according to Section 2).
1.3 ReviewsFor.Me enables and optimizes the receipt of customer reviews and the collection of customer contact data.
We cannot guarantee the contractor that we will obtain new customer reviews or new contact details.
1.4 Seller Solutions GmbH is not liable for violations of marketplace guidelines by customers on Amazon markets. Customers are responsible for using the ReviewsFor.Me service in a compliant manner and are obliged to familiarize themselves with the respective guidelines of third parties before using it; this applies in particular to Amazon.
2.1 The basic functionalities of ReviewsFor.Me are available to the user free of charge for 21 days after registration.
2.2 ReviewsFor.Me services with extended functionality are offered to registered users for a fee. The services of the individual services and the remuneration to be paid for them are stated and agreed upon when registering for the paid use of the respective ReviewsFor.Me services.
3.1 When registering as a user of ReviewsFor.Me, customer data is required as information. This data is listed in the privacy policy. After registration stage II, the user automatically receives a message by email that his user account has been set up. During the registration process, the user is asked to enter a password of his choice. The user can later change the password he has chosen after logging in as part of his account settings.
3.2 The contract is concluded through the registration of the user (offer) and the subsequent activation by Seller Solutions GmbH (acceptance).
4.1 The remuneration for paid ReviewsFor.Me services is agreed upon when registering for them. The obligation to pay begins when the respective paid ReviewsFor.Me service is activated for the user by Seller Solutions GmbH. The obligation to pay begins after activation for the current month.
All monthly recurring fees are to be paid monthly in advance.
Seller Solutions GmbH may increase the monthly basic fee for paid ReviewsFor.Me services at any time with one month’s notice.
4.2 All support services provided by Seller Solutions GmbH are remunerated on a time and material basis, unless otherwise agreed. If remunerated on a time and material basis, hourly rates, travel and incidental costs are based on the current price list of Seller Solutions GmbH. Travel times are working hours. Seller Solutions GmbH can invoice monthly.
4.3 Payments must be made within eight days of invoicing without deductions. Seller Solutions GmbH has the right to deactivate the user’s account if no payment is made within eight days.
4.4 All prices are exclusive of VAT.
4.5 The right to use ReviewsFor.Me is suspended if the user is in default of payment.
4.6 The user is not entitled to withhold payments – without prejudice to his right to refuse payments due to incomplete or faulty performance by Seller Solutions GmbH. He can only offset claims that have been legally established, are ready for decision or have been recognized by Seller Solutions GmbH.
5.1 The user can terminate the free membership at any time without giving reasons. The user can use the functionality provided on ReviewsFor.Me for this purpose.
5.2 The contract for paid ReviewsFor.Me services is for an indefinite period. Each contracting party can terminate it with one month’s notice to the end of the selected monthly period.
The user can use the functionality provided on ReviewsFor.Me for this purpose. The user will retain the free membership unless he or she cancels it.
6.1. Operating hours
6.1.1. At the request of the client, Seller Solutions GmbH is prepared to provide services beyond those described in this section within the scope of the operational capabilities of Seller Solutions GmbH. Details will be agreed separately.
6.1.2. The data entered by users are checked for formal correctness and, to a limited extent, for plausibility. The client is responsible for the factual correctness of the input and for checking the results.
6.1.3. Operating hours can be restricted if necessary for operational work, especially for preventive maintenance of the hardware, so require. Planned unavailability must be announced 5 working days in advance. Planned maintenance measures, modifications, extensions, the commissioning of new versions, changes, etc. are carried out by Seller Solutions GmbH at night, on Saturdays, Sundays or public holidays if possible.
6.2 Availability
Seller Solutions GmbH will ensure an average monthly availability of 98% for the IT system installed at Seller Solutions GmbH. This does not include periods of planned unavailability.
If the availability of the applications falls below the minimum level, both contracting parties undertake to immediately begin analyzing and eliminating this deficit within their respective areas of responsibility and to immediately solve the problems together.
The client is entitled to reduce the monthly flat rate to the extent that the applications are not available to the client within the agreed provision time, provided that this proportion exceeds 5%. Restrictions during the planned unavailability are not included.
7.1 Seller Solutions GmbH only employs employees who have been committed to data protection by Seller Solutions GmbH and who have been informed accordingly in advance.
7.2 The documents produced or acquired by Seller Solutions GmbH or provided to Seller Solutions GmbH by the customer are confidential. They must be handed over to the customer on request, but no later than the day after the expiry of the limitation period for liability due to defects (warranty period). Seller Solutions GmbH will immediately hand over these documents upon termination of the contract at the customer’s request. Seller Solutions GmbH may destroy work results that are no longer required.
7.3 Seller Solutions GmbH will only make the received documents and work results available to those employees who need them for the implementation.
7.4 Seller Solutions GmbH undertakes to ensure that the documents and work results handed over to it are kept under lock and key.
7.5 Seller Solutions GmbH guarantees that the programs – including future versions – are free of third-party rights that restrict their contractual use. Seller Solutions GmbH indemnifies the customer against third-party claims for damages due to infringements of property rights. This does not apply if Seller Solutions GmbH is not responsible for the infringement of property rights, in particular with regard to open source software and programs from suppliers.
7.6 If a third party claims against the customer that the programs violate their rights, the customer shall immediately notify Seller Solutions GmbH in writing. At Seller Solutions GmbH’s request, the customer shall leave it to Seller Solutions GmbH to defend the asserted claims at Seller Solutions GmbH’s expense to the extent permissible.
7.7 Claims for damages – regardless of the legal basis – against Seller Solutions GmbH (including its vicarious agents), which presuppose slight negligence, only exist if a material contractual obligation has been violated, the violation of which would endanger the purpose of the contract (cardinal obligation). In this case, claims for damages are limited to the monthly flat rate for the month in which the damage occurred; liability for indirect damages and lost profits is excluded. The customer can demand further liability upon conclusion of the contract against payment of a risk surcharge.
7.8 Either party may terminate this contract at any time for good cause.
7.9 Swiss law applies. The UN Convention on Contracts for the International Sale of Goods, which has been incorporated into Swiss law for foreign customers, is excluded.
7.10 In addition, the “Contractual Terms and Conditions for the Provision and/or Use of Application Programs” of Seller Solutions GmbH apply. You can find these on the Internet at https://reviewsfor.me/general-terms/