General Terms and Conditions of AlphaNodes GmbH
- A. IT-SERVICES AND CONSULTING
- B. SOFTWARE DEVELOPMENT
- D. SERVICE AGREEMENT Managed Application Hosting
These terms apply to purchases of software and digital content, such as download links, license keys, codes, etc. (“Products”) sold to any person or entity (“You”) through this website (the “Website”) by AlphaNodes GmbH (“We”).
a) All Redmine Plugins on this site are distributed under the GNU General Public License v2 (GPL).
2. Scope of services
a) The scope of work is described in these terms and conditions as well as on our website unter “Pricing” as well as “Features”. We are entitled to enlarge, change, improve and adapt the information and plugins at any time and adapt it to the current status of the supporting software application. The customer will be informed about these changes by mail in advance. Feature limitations are possible. For example in case of legal reasons or in case of technical reasons according to the current status of the supporting software application, or in case the customer accepts our changes on enquiry. The customer agreement is granted in case the customer does not dissent in writing within a 6 week time period after he/ she gained access to this information by mail.
b) The services offered are those valid at the time of the order based on the offer information, the order form and the applicable monthly special offers. Hint on Open-Source-Software: If and to the extent that, in connection with our services, open-source-software will be integrated, such open-source-software shall not be part of our services. By contrast, our services shall include autonomous software developed by us, like e.g. plugins interacting with the respective open-source-software.
c) Our offer is addressed to business customers. All price information are strictly net plus current valid german tax. There are no additional delivery expenses. The software code and data will be transferred by electronical means, only. The third party e-commerce plattform “DPD” has the assignment for the handling of your payment. All deliveries under this Agreement will be electronic to the email addresses specified in your order when we have received payment of the applicable fees. The Plugin shall be made available by way of download (transmission of a download URL).
d) Our offer is finished after providing the Plugin license and the download packages. For the avoidance of doubt, you as customer are responsible for installation and configuration of any Software as well as it’s productive usage on his system, and you acknowledge that AlphaNodes has no further delivery obligation with respect to the plugin download package after delivery.
e) AlphaNodes Managed Redmine Hosting: If commercial plugins from AlphaNodes have been made available to our “Managed Application Hosting” customers for free use during the support period of a Redmine environment or if a cloud hosting package has been booked, this includes a right of use as well as product updates (no support) exclusively during the period of active, monthly support by us. If the monthly support or the cloud hosting package was terminated, this means that at:
- InHouse-Hosting (on a server provided by the customer) a use of the plugins in the state, as they are available on the system at the time of the cancellation is still possible.
- Cloud-Hosting (on a server provided by AlphaNodes GmbH) no further use of the plugins is possible.
In both cases, there is no claim to the release or transfer of the plugin code, further product updates or bug fixes, access to the documentation or other support services or transfer to other vendors or systems. For the avoidance of doubt, it is your responsibility as a customer to purchase a regular support license for individual plugins or a plugin bundle if you wish to continue to use the desired functionality as usual and independently of our Managed Application Hosting services after termination.
f) Return policy for digital products. There is no right of withdrawal for the delivery of goods which are not suitable for return due to their nature (e.g. e-books, downloads, software, plugins, etc.). IMPORTANT: Exchange and return are excluded!
3. Terms of payment
a) The customer is engaged to select one of the offered payment options during the order process. Our preferred payment option is sale against cash in advance, only (PayPal or bank transfer to german account)! Other payment options are our judgment. The customer does not have the right to insist on a special payment option.
b) The third party e-commerce plattform “DPD” is instructed to handle the payment for us. After finishing the order and payment process you get further information from them on how to download the Plugin you just bought. Please make sure you have already read and accepted the DPD terms and conditions before buying our products.
c) The customer is beholden to download the source code according to the provided information an method used by “DPD”. We will not send the plugin to you by email or by other means. The download link will be sent within 30 minutes after a successful buy. The customer has to make sure that the email address used during the buying process is valid and correct. In case the email did not arrive within the named time period make sure to check on your Spam file.
a) Prerequisites on the Part of the Customer: The contractual use of our plugins shall be conditional on whether or not the hard- and software employed by the Customer comply with the minimum technological requirements for the use of the plugin. Such minimum requirements are indicated in the description of services on our website and/or in the offering documentation and can be viewed in advance.
b) The plugins provided by AlphaNodes GmbH shall be delivered or purchased “As is”, unless otherwise agreed in writing between the customer and AlphaNodes GmbH. Without any warranties of any kind, neither explicit nor implicit. And without any guarantee or warranty regarding merchantability, suitability for a particular purpose or non-infringement of third party rights. The risk regarding the quality and performance of the plugin extension is with the customer.
Neither AlphaNodes GmbH, nor its possible suppliers guarantee that the functions contained in the application meet the customer’s requirements. Or that the operation of the application will be uninterrupted or error-free. AlphaNodes GmbH is not obliged to provide updates of the software in order to provide the customer with the requested functionality.
The customer has the opportunity to test the plugin function without restriction and extensively in a free available online demo provided on the AlphaNodes website before purchasing it. AlphaNodes GmbH cannot be held responsible for any kind of error, interruption of service or loss of data caused by a plugin provided by AlphaNodes GmbH. Incompatibility with other plugins or programs, special software, hardware configuration or partial malfunctions do not entitle the customer to cancel or reclaim the payment made.
c) The customer has to make sure that the email address he used during the buying process is valid and correct. This mail address will be used in the future to inform the customer about further updates and download options according to the plugin as well as regarding information like access to the customer area. The customer is therefore obligated to provide us with a correct, current and valid email address to which information regarding the plugin purchase or related information can be sent at any time. It is the customer’s sole responsibility to provide us with accurate, correct and full information at the time of purchase and to update it if necessary.
5. Updates and support
a) The 12 month update and support phase starts right after the payment process. The customer hast the right for product updates and email product support during this time period. The license term and any applicable service periods will commence on the order date (unless a different start date is designated in the order) and expires 12 month later.
b) We offer only email support free of charge for the plugins. The support time is during our usual working hours (monday to friday between 9am - 5pm). Our customer gets exclusive access to our support area. Support requests must be sent to us, using the ticket system (Issue-Tracker). The support requests will be answered according to chronological order of incoming requests. The customer has no right to claim a quick support reply. Not even in urgent matters. There is no right for professional and individual support by telephone.
c) Support and Maintenance for our products includes access to new releases, if and when available within the 12-month period. We reserve our right to decide the update and / or bugfixing cycle. During the 12-month period the customer gets unlimited access to our support and download area. This access will be restricted / terminated after the time period expired. The customer may continue to use the plugin a lifetime for the allowed number of Redmine instances, but the customer will get no more free updates or plugin support (this includes access to documentation of any kind, scripts or additional materials).
d) Requirements at the customer’s premises. The contractual use of the plugin is dependent on the fact that the hardware and software used by the customer correspond to the minimum technical requirements for the use of the plugin. These minimum requirements are specified in the specifications on the AlphaNodes website and / or in our user manuals.
e) Obligation of the customer. The timely download of provided plug-in versions, updates, documentation or other files within the support period is the responsibility of the customer or its servants alone. Customers are obliged to inform themselves regularly (also without notification by us) about current plugin versions and to download them from the customer area before the support period expires. This shall also apply in the event that the customer does not use the latest version available to him at the point in time. The right to do so expires after deactivation of the support access and if the 12-month support license is not renewed. There is no right to subsequent supply of older plug-in versions.
f) Data manipulation and own code customization. AlphaNodes offers 12 month support only to customers who use the product as originally provided by us. We do not support customers who perform/have performed direct data manipulation or code customization, as these can easily lead to data integrity problems. If AlphaNodes encounters manipulations or customizations at this level, we can ask customers to restore data from their last known operational state or hire an expert to help them put their instance into a supportive state.
g) Additional services. Additional service other than given access to new product releases or documentation are not subject to this agreement. You may purchase additional services from AlphaNodes but additional services may be subject to additional policies and terms as specified by us.
h) Training not covered. Your purchase, and our provision, of training is subject to our training terms and policies, which is a separate agreement.
6. Protection of the licensed material
a) We shall remain the owner or holder of any and all rights of use in the Software and related user documentation granted through the present T&C.
b) The Customer shall preserve, without modifications, notices on proprietary rights contained in the Software and user documentation, like e.g. copyright notices.
c) Third Party Software: The Licensed Material may contain software and software components (third-party software) that are licensed under specific terms for this third-party software. This can be open source software or proprietary software from third party software vendors. The third party software may only be used under the applicable license terms. Our license terms do not apply with respect to the third party software insofar as these contradict the respective valid license terms of the third party software.
d) Product activation: Some products and online services are protected by technical measures and require the activation of a license key (token). Please keep this token carefully. Tokens must be treated as confidential. You are responsible for both the use and activation of the products. You may not disclose these license keys (tokens) to third parties, even if the contract or support license with us has ended or has expired.
7. System requirements, Minimum requirements, Licence rights
a) The Customer is solely responsible for ensuring that its systems meet the hardware, software and other applicable system requirements and minimum requirements for the plugins and services as specified on the AlphaNodes website or support area. AlphaNodes GmbH does not accept any obligations or responsibility under these provisions for problems caused by the use of third party hardware / software not provided by AlphaNodes.
b) Changes to the system requirements, minimum requirements. AlphaNodes GmbH may adapt, change or discontinue various aspects or functions at any time, which may involve a change to the system requirements and minimum requirements as well. The customer is responsible for informing himself/herself about any changes on the website of AlphaNodes GmbH before installing or updating products provided by AlphaNodes. The customer is responsible for any necessary updates of his system environment according to the minimum requirements specified by AlphaNodes. Otherwise, he will not be able to use newer product versions or certain functions provided by AlphaNodes products.
8. User account customer area
Plugin customers get an account with us in the customer area to access or get the latest plugin version, as well as to make support requests. For this purpose, the contact details are used when purchasing the plugin. These must be accurate, current and complete in order for us to send you notifications, statements and other information via email or through your account. You are responsible for any actions you take through your account, including further orders or services (for which fees may apply). If you order our Plugins through a Reseller (section 9), you are solely responsible for:
- any access by the Reseller to your Account and
- all related rights and obligations in your respective agreement with the Reseller.
9. Reseller orders or orders from third party vendors
This Section 9 applies if you purchase the Plugin, Support and Maintenance License or additional services through an independent third party vendor. AlphaNodes GmbH distributes the Plugins directly. It is not in connection with independent third party vendors (resellers or so-called software license administrators).
a) Irrespective of the fact that the initial plug-in purchase or the regular support license renewal is made via an independent third-party provider, AlphaNodes GmbH is entitled to suspend or terminate the rights to use the plug-ins insofar as the corresponding payment from the reseller is not received by us in due time.
10. Use for Reference Purposes
The AlphaNodes GmbH shall be entitled to use the name/designation, company name and/or logo of the Customer for reference purposes in online, print and/or other media.
11. Amendment of the terms
a) We reserve the right to amend these terms at any time, without giving reasons. The customer will be notified about the changes in due time and informed about his right of objection (i.g by email). The amended terms are deemed to be accepted as long as you do not disagree to them within 14 days. In case you do not agree to our changes we are obliged to withdraw from the contract with the customer. The withdrawal must be sent to us by letter. If parts of these terms are invalid and/or unenforceable for any reason, the remaining provisions shall remain intact and enforceable to the fullest extent permitted by law.
b) Furthermore, AlphaNodes GmbH reserves the right to terminate or suspend these terms and conditions at any time and without notice to the customer. Without limiting the foregoing, we have the right, for example, to immediately terminate access to the customer and support area in the event of any conduct by the customer which we, in our sole discretion, deem unacceptable or in the event of any breach of these terms by the customer.
c) German law shall apply to the contractual relationships. The UN Convention on Contracts for the International Sale of Goods is excluded. With regard to a consumer, this choice of law shall only apply to the extent that it does not restrict any mandatory legal provisions of the state in which he is domiciled or habitually resident.
d) The place of jurisdiction for transactions with merchants, legal entities under public law or special funds under public law is the registered office of our company. However, we are entitled, at our discretion, to sue at the customer’s domicile.
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Effective starting: September, 2021