General
Terms and conditions
These General Terms and Conditions ("GTC") govern the contractual relationship between The Easy One GmbH ("Provider") and its customers (hereinafter "Customer"). By completing the registration form to register a user account ("The Easy One Account") on the provider's website, the customer unconditionally accepts the following provisions. The provider reserves the right to make subsequent changes or additions to the GTC. These shall become an integral part of the contract unless the customer objects within 14 days of becoming aware of them. The current version is published on the provider's website(https://www.theeasyone.net).
1. subject matter of the contract
1.1. With The Easy One software (hereinafter referred to as "The Easy One"), the Provider primarily provides its customers with Software as a Service ("SaaS") services via the Internet in the field of tabular documentation. In addition, the provider provides further services in various areas (hereinafter collectively referred to as "services"). For the respective scope of services and conditions, please refer to the current service description on the provider's website. The object of the contract is in particular:
a) the provision of The Easy One software for use via the Internet;
b) the storage of the customer's data ("data hosting");
c) Consulting services with a focus on security and management.
2. software licensing
2.1. For the duration of this contract, the Provider shall provide the Customer with the latest version of The Easy One software for use via the Internet for a fee. For this purpose, the provider stores the software on a server that is accessible to the customer via the Internet.
2.2. The provider is constantly developing the software and will improve it through regular updates and upgrades. The current range of functions can be found in the description on the provider's website.
2.3. The provider continuously monitors the functionality of the software and eliminates software errors as far as technically possible.
3. rights of use to the software
3.1. The provider grants the customer the non-exclusive and non-transferable right to use The Easy One software as intended for the duration of the contract within the scope of the respective scope of services.
3.2. The customer may neither reproduce nor edit the software unless this is expressly permitted in the current service description on the website or has been approved in writing by the provider. In particular, the even temporary installation or storage of the software on data carriers (hard disks, etc.) of the hardware used by the customer (excluding RAM) is prohibited.
3.3. The customer is not entitled to make this software available to unauthorized third parties for use, either for a fee or free of charge. The customer is expressly prohibited from making the software available to third parties in any form, unless this is expressly permitted in the current service description on the website or has been approved in writing by the provider.
3.4. The customer undertakes to structure any contractual relationships with third parties in such a way that any unlawful use of the software by third parties is effectively prevented.
4. data hosting
4.1. The provider provides the customer with a defined storage space (see service description) on a server for storing his data. If there is insufficient storage space to store the data, the provider shall inform the customer in good time. Unless the customer subsequently orders additional storage space for a fee, data that exceeds the available storage space will no longer be stored.
4.2. The provider shall ensure that the stored data can be retrieved via the Internet within the scope of technical possibilities.
4.3. The customer is not entitled to transfer this storage space to a third party for use in part or in full, for a fee or free of charge.
4.4. The customer undertakes not to store any content on the storage space whose provision, publication and use violates applicable law or agreements with third parties.
4.5. The provider shall take suitable and reasonable precautions against data loss and to prevent unauthorized access to the customer's data by third parties within the scope of technical possibilities. To this end, the provider shall make regular backups, check the customer's data for viruses and install firewalls.
4.6. The customer shall in any case remain the sole owner of the data and may therefore demand that the provider surrender some or all of the data during the term of the contract without the provider having a right of retention. The data is released by transmission via a data network in the format used by the provider. The customer has no claim to the software suitable for using the data. The provider is entitled to charge a fee for the release of the data.
4.7. After termination of the contract, the customer is still entitled for one month to demand the surrender of his data in accordance with para. 4.6. to demand. The provider is not obliged to store the customer's data beyond this period or to ensure that it is returned. If a customer requests the release of data after the expiry of the one-month period and if this data is still available with the provider, the provider shall release the data to the customer after payment of the costs actually incurred for this.
5. subcontractors
5.1. The Provider may engage subcontractors/third parties to perform the contractual service, in particular for software programming. In the event of authorized involvement, the provider shall be responsible for the careful instruction of those involved.
5.2. The warranty and liability for subcontractors/third parties are excluded in accordance with Section 10 to the extent permitted by law.
6. support
The provider will answer the customer's inquiries (by e-mail or telephone) about The Easy One software and other services of the provider within business hours as quickly as possible after receipt of the respective question by telephone or in writing.
7. impairment of accessibility
7.1. Adjustments, changes and additions to the contractual SaaS services of the provider as well as measures that serve to identify and rectify malfunctions will only lead to a temporary interruption or impairment of accessibility if this is necessary for technical reasons.
7.2. The basic functions and maintenance of The Easy One software are monitored on a regular basis. In the event of serious errors (i.e. the use of The Easy One software is no longer possible or is significantly restricted), maintenance is generally carried out within 24 hours of the customer becoming aware of the error or being notified of it. The provider shall inform the customer of the maintenance work in good time and carry it out as quickly as possible. The provider endeavors to ensure the highest possible availability of The Easy One software.
8 Obligations of the customer
8.1. The customer undertakes to use the SaaS services exclusively for the contractual purpose. He bears sole responsibility for the content that he and the users set up by him create, transmit or use using the SaaS services. The customer is responsible for the necessary system requirements (in particular hardware and software) for using The Easy One software. The customer is responsible for entering and maintaining the data and information required to use the SaaS services, notwithstanding the provider's obligation to back up data.
8.2. The customer is obliged to check his data and information for viruses or other harmful components before entering them and to use state-of-the-art virus protection programs for this purpose.
8.3. The customer is obliged to take suitable precautions to prevent unauthorized access to the software by third parties. The customer is obliged to instruct its employees about the existing intellectual property rights and to ensure compliance with them. In particular, the customer shall instruct its employees not to make any copies of the software or to pass on access data to third parties.
8.4. When using the SaaS services for the first time, the customer must create a "User ID" including a user name and password. Generate the password required to access The Easy One account. The customer is obliged to provide his "User ID" incl. password secret and not to make it accessible to third parties. The customer must inform the provider immediately of any unauthorized use or other attacks on security. In such cases, the provider will use the "User ID" incl. Reset the customer's password.
8.5. The customer must take all measures that are necessary at its own discretion to maintain or improve the security of the data, software and network connections. In particular, the customer undertakes to change his password regularly, but at least every ninety (90) days.
8.6. The customer is obliged to keep their details in their The Easy One account up to date at all times, in particular their personal details such as home address, e-mail address for notifications and invoice deliveries and telephone number(s).
8.7. After termination of the contractual relationship, the customer himself is responsible for backing up his data. The provider is entitled to irrevocably delete all data one month after termination of the contract.
8.8. If the customer violates any obligations under these GTC or other contractual provisions, the provider is authorized to temporarily or permanently restrict or block The Easy One account and thus access to all of the provider's services.
9. remuneration
9.1. The customer undertakes to pay the provider the agreed fee for the services ordered in accordance with his subscription / corresponding service description, plus the agreed fee. VAT must be paid.
9.2. Unless otherwise agreed in writing, the fee is to be paid in advance.
9.3. The provider shall send the customer an invoice for the contractually owed fee to the e-mail address provided at the billing address.
9.4. The provider is entitled to adjust the fees and/or service content at any time by notifying the customer in writing. Reasons for such a change in performance are, in particular, technical progress and the further development of the software. If the customer does not wish to continue the contract at the changed tariffs and if the changes represent a deterioration of the conditions from the customer's point of view, he is entitled to extraordinary termination with a notice period of 14 days to the date of the change.
9.5. In the event of late payment, the provider is entitled to temporarily block The Easy One account and thus access to all of the provider's services. In this case, the agreed fee remains due in full even during the blocking period. Access will be reactivated after payment of the outstanding invoices. Item no. 11.5 remains reserved.
10 Warranty / Liability
10.1. The provider warrants the functionality and operational readiness of the SaaS services in accordance with the provisions of these GTC.
10.2. The customer undertakes to indemnify the provider against all third-party claims based on the data stored by the customer and to reimburse the provider for all costs incurred by the provider due to possible infringements of rights.
10.3. The provider is entitled to immediately block the storage space if there is reasonable suspicion that the stored data is illegal and/or infringes the rights of third parties. A reasonable suspicion of illegality and/or infringement exists in particular if courts, authorities and/or other third parties inform the provider of this. The provider must inform the customer immediately of the removal and the reason for it. The ban must be lifted as soon as the suspicion has been fully dispelled.
10.4. To the extent permitted by law, the Provider excludes all liability towards the Customer (or any third party), in particular for the fulfillment of its contractual and non-contractual obligations and for the loss of data (including for negligence). This exclusion of liability also applies to damage arising directly or indirectly from the use of The Easy One software.
10.5. If the provider has called in auxiliary persons to fulfill its contractual obligations, it shall be responsible for the careful instruction of the persons called in. In all other respects, warranty and liability are fully excluded to the extent permitted by law. This exclusion of warranty and liability also applies in particular to intent and gross negligence.
10.6. In all cases, regardless of the basis of liability, the liability of the provider is limited to the amount of the monthly license fee in the last twelve months before the damage occurred.
10.7. The warranty for functional and operational readiness is fully excluded to the extent permitted by law.
11. duration of contract
11.1. The contractual relationship begins with the customer's registration and order.
11.2. The contractual relationship is concluded for an indefinite period. Consequently, the respective subscription (monthly subscription, annual subscription, etc.) is automatically extended for a further billing period as long as the contractual relationship has not been terminated in accordance with this section.
11.3. The parties are entitled to terminate the contractual relationship by giving one month's notice at the end of the current billing period of the respective subscription (monthly subscription, annual subscription, etc.). Agreements to the contrary regarding notice periods remain reserved (in particular in the context of special promotions).
11.4. Form of termination: Cancellation must be made online in the customer's The Easy One account. Following termination, the customer receives an e-mail from the provider with a confirmation link. Once this confirmation has been received by the provider, The Easy One account will be blocked at the end of the respective billing period after the 20-day notice period has expired. The date of termination shall be determined by the date on which the provider receives the confirmation of termination.
11.5. The parties are at liberty to terminate the contract immediately for good cause. An important reason for immediate termination of this contract exists for the provider in particular if
a) if the customer becomes bankrupt or the bankruptcy proceedings are discontinued due to a lack of assets;
b) if the customer is in arrears with payment obligations arising from this contractual relationship to the extent of at least one month's remuneration and has been unsuccessfully reminded with a grace period of two weeks;
c) if the customer culpably violates legal provisions when using the contractual services or interferes with copyrights, industrial property rights or naming rights of third parties;
d) if the customer seriously breaches obligations under these GTC or other contractual provisions;
e) if the customer uses the distributed services for the purpose of promoting criminal, illegal and ethically questionable activities.
11.6. In the event of the death of the owner of a sole proprietorship, the provider is generally entitled to disclose the data of the sole proprietorship to authorized persons (in particular family members, trustees). This surrender is dependent on proof of a legitimate interest (e.g. succession planning, division of an estate, etc.). Furthermore, the provider may, after providing appropriate proof, grant an authorized person access to The Easy One account of the individual company concerned or transfer the account to such a person (e.g. heir). If the entitlement is in doubt or if several parties have divergent claims, the provider may refuse to disclose the data or take further steps.
12. messages
Unless a stricter form is provided for in this agreement or by law, all notifications must be sent in writing or by e-mail to the (e-mail) addresses provided by the customer in The Easy One account or on the provider's website. The customer is obliged to notify the provider immediately of any changes of address (including e-mail) or to adjust them in The Easy One account, failing which notifications sent to the last known address shall be deemed to have been received with legal effect.
13. data protection
13.1. By accepting these GTC, the customer also declares their consent to the provider's privacy policy (https://theeasyone.net/datenschutzerklaerung/) in the currently valid version. This is permanently available on the provider's website. The customer declares to be aware of this declaration.
13.2. The customer hereby expressly agrees to the exchange of data between the provider and its distributor Securo Consulting GmbH & Co. KG in accordance with the data protection declaration. The latter is obliged to maintain confidentiality and to comply with the applicable data protection legislation.
14. intellectual property rights
All intellectual property rights to the provider's SaaS services, in particular to The Easy One software and the website, remain the property of the provider.
15. confidentiality obligation
15.1. The provider undertakes to maintain secrecy about all confidential processes of which it becomes aware in the course of the preparation, execution and performance of this contract, in particular business or trade secrets of the customer, and not to disclose this information to outside third parties without the authorization of the customer. This applies to any unauthorized third parties, unless the disclosure of information is necessary for the proper fulfilment of the provider's contractual obligations.
15.2. The data exchange between the provider and its distributor Securo Consulting GmbH & Co. KG in accordance with the data protection declaration is excluded from the confidentiality obligation in accordance with this chapter. They are obliged to maintain confidentiality and to comply with the applicable data protection legislation. The customer expressly declares his consent to this.
15.3. The customer authorizes the provider to name the customer publicly as a reference and to use general information about the agreed contract in a suitable manner for marketing, public relations and sales purposes. However, the provider will contact the customer before publication, whereby the customer can only revoke his consent for important reasons.
16. severability clause
Should individual provisions of this contract be or become invalid or void, this shall not affect the validity of the remaining provisions. In this case, the invalid or void provision shall be replaced by a new, legally permissible provision that comes closest to the invalid or void provision in its economic meaning and effect. The same procedure must be followed if a contractual loophole becomes apparent.
17 Applicable law and place of jurisdiction
17.1. This contract, including the questions of its formation and validity, shall be governed by Swiss law, excluding the conflict of laws and international treaties.
17.2. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract and in relation to the subject matter of this contract, including questions of the formation, validity, invalidity, binding nature, implementation, amendment or supplementation, breach or termination of this contract, shall be at the registered office of the Provider.
18. priority
In the event of inconsistencies between the German version of these GTC and its references and a version in another language, the German version shall take precedence.
Last version: March 2024
The Easy One GmbH
Buholzstrasse 10, 6110 Wolhusen Switzerland