Last Updated: 11 May 2020
1. Definitions, Scope of Application
1.1 The following General Terms & Conditions of Business (“T&C”) apply for use of the Online Shop at “backwpup.com” (“Online Shop”). They also apply to contracts concluded during use of the Online Shop, and to services which are provided in the context by Inpsyde GmbH, Mutzer Heide 3, 51467 Bergisch Gladbach, Germany; tel.: +49 (0) 2202 817 90-0, email: firstname.lastname@example.org; general manager and authorised representative: Alexander Frison; registered under no. B65224 in the commercial register kept at Cologne Local Court; VAT number: DE263849534; registered place of business: Bergisch Gladbach (“Inpsyde”).
1.2 In the following T&C, the term “Customer” refers both to users of the Online Shop and of the Inpsyde Support Forum, and to buyers of digital products at the Online Shop.
1.3 Any divergent terms of business specified by the Customer shall not apply. Any acknowledgement from the Customer drawing attention to its own terms of business are expressly refuted. The Customer’s terms of business shall not be incorporated in any agreements, unless expressly confirmed by Inpsyde in writing.
2. Inpsyde’s Service
2.1 Through its Online Shop, Inpsyde offers the plugin BackWPup for sale (jointly referred to hereinafter as “Digital Products”) for the “WordPress” blog system. The specific items on offer and the respective prices can be gathered from the relevant information provided at the Online Shop. Plugins are currently offered to Inpsyde’s customers in the “Standard”, “Business”, “Developer”, “Supreme”, “Agency” packages. Further details can be obtained from the Online Shop.
2.2 Following purchase, Digital Products can be downloaded and stored by the Customer.
2.4 The term (Section 2.3) is 365 days for all packages “Standard”, “Business”, “Developer”, “Supreme” and “Agency” offered by Inpsyde.
2.5 The Customer can cancel the term for updates and support services for the respective product up until the end of the agreed term. Otherwise the agreement will continue for another year. The relevant prices for this along with further details can be found in the Dashboard (Item 4.1). However, continued use of the respective product does not depend on the term being renewed.
2.6 The number of installations of the product for which the customer is entitled to updates and support services is one (1) in the case of the “Standard” package, five (5) in the case of the “Business” package, ten (10) in the case of the “Developer” package, twentyfive (25) in the case of the “Supreme” package, and in the case of the “Agency” package five (100). For products that are not offered in connection with these packages, special conditions apply, which can be found on the respective description page in the online shop.
3. Technical Requirements for Using Digital Products
3.1 In order to be able to use and store the Digital Products, the Customer needs ordinary Internet access and must have the “WordPress” software.
3.2 The Customer has to ensure that the “WordPress” software is properly installed on a hosting server and must be able to access the system at any time, e.g. via FTP or comparable. This is prerequisite for being able to use the Digital Products. Providing “WordPress”, installing the software, and operating and hosting the software are not included in the services owed by Inpsyde.
3.3 Unless otherwise specified, the latest version of the “WordPress” software is required for using the Digital Products. The Customer is responsible for ensuring that this requirement is met.
4. Using the Online Shop and the Dashboard
4.1 Customers wanting to place orders at the Online Shop must register to use the Online Shop, i.e. open a user account. A user account is automatically created when the first purchase is made at the Online Shop.
4.2 Making purchases is generally contingent upon the Customer being of age and having full legal capacity.
4.3 The data requested during the registration process must be provided accurately. In particular, the customer may not enter the data of third parties and is also obliged to promptly update his own personal data in the customer account in case of any changes.
4.4 After clicking on the Buy button, the customer will receive a confirmation e-mail with the details of the intended purchase and the terms and conditions for review. This step does not oblige Inpsyde to accept the offer.
4.5 In the online shop, the customer will be forwarded to the page of the payment provider of his choice. After successful payment, the customer will receive a second e-mail with the licence key to activate the product and a link to his customer account where the customer can download the product. This confirmation e-mail represents the acceptance of the offer by Inpsyde. The user agreement for the online shops is thus established.
4.6 Inpsyde is entitled to reject individual purchases in the online shop without providing reasons.
5. Login Credentials
5.1 The login credentials (user name and password) are for exclusive use by the Customer in person. The Customer may not pass the credentials on to third parties or otherwise disclose it. If the Customer becomes aware or even only suspects that its credentials are being misused, it must report this to Inpsyde without delay. If it is responsible for misuse of its login credentials, the Customer shall be liable for all and any consequences of third-party use. This may also mean that payment has to be made for orders that have been placed without authorisation. The Customer’s liability shall only lapse once it has informed Inpsyde about the unauthorised usage or the loss of its login credentials and has changed them if necessary.
5.2 In the event of any breach of these T&C, in particular
– if wrong information is provided on registration, and/or
– if the login credentials – in particular the password – are disclosed without permission,
Inpsyde shall be entitled to temporarily or permanently block the Customer’s account, and/or definitively refuse the Customer access with immediate effect, and/or terminate the agreement on use without notice. After such cases, the customer may not register again to use a customer account without the prior explicit consent of Inpsyde.
6. Purchasing Digital Products and Premium Support
6.1 The customer may order digital products by clicking on the corresponding basket button for the offer in question and going through the rest of the order process. At the end of the order process, the customer will receive an overview of his order for review before submitting his declaration of intent to establish a contract (Clause 6.2, Sentence 1) and correct his buyer information if necessary or cancel the order.
6.2 When the Customer clicks on the button marked “Buy Now”, it makes an offer to conclude a purchase contract. Inpsyde accepts this offer by sending confirmation of order by email; this confirms the contract. However, Inpsyde is under no obligation to accept the Customer’s offer to conclude a contract. Mere confirmation from Inpsyde that an order has been received does not constitute a binding confirmation of that order.
6.3 The languages currently available for contract closure are German and English.
7. Delivery of digital products
7.1 Access to the digital product is only provided after approval from the payment provider once payment has successfully been made.
7.2 If the customer fails to make payment, the order will be placed on a waiting list and the customer cannot access the product until he has paid and the subscription is set to Active.
7.3 After successful payment, the customer will receive a second e-mail with the licence key to activate the product and a link to his customer account where the customer can download the product.
7.4 After downloading the product, the customer must activate the product on the backend by entering his licence key in order to receive updates and support.
7.5 The customer can access his customer account at any time using the access data entered during registration for the online shop.
7.6 In his customer account, the customer has the option of viewing the ordered product and the accompanying subscription.
7.7 The subscription can be cancelled at any time in the customer account.
8. Right of withdrawal
You have the right to withdraw from this contract within 30 days without giving any reason.
The withdrawal period will expire after 30 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Inpsyde GmbH, Mutzer Heide 3, 51467 Bergisch Gladbach, Phone: +49 (0) 211 9954 5911, Email: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
9. Model withdrawal form
Model withdrawal form
To Inpsyde GmbH, Mutzer Heide 3, 51467 Bergisch Gladbach, Germany, Phone: +49 (0) 211 9954 5911, Email: firstname.lastname@example.org:
I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the following goods (1)/for the provision of the following service (1),
Ordered on (1)/received on (1),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(1) Delete as appropriate.
10. Prices, Terms of Payment
10.1 The price for each item on sale is shown in the presentation of the respective item.
10.2 All the prices quoted at the Online Shop include German statutory turnover tax at the rate in force at the time.
10.3 Unless otherwise agreed, payment for purchasing a Digital Product has to be made in advance and falls due immediately after the order has been placed.
10.4 Inpsyde may offer various means of payment (e.g. credit card, PayPal), but without being under any obligation to do so. Inpsyde is entitled to avail itself of third-party services for the purpose of handling payments and collecting receivables. For payments handled via payment system providers (e.g. PayPal), the terms of business and conditions of use laid down by the respective payment system provider apply; moreover, the Customer may need to have a user account with the provider.
10.5 For the service ordered, the Customer receives an invoice which is sent as a PDF file to the email address the Customer has specified. In addition, the Customer can at any time view and download its invoices whilst logged in to the Online Shop.
10.6 If the Customer fails to honour its payment obligations or reverses payments made, or if a chargeback is effected for any amounts already paid, Inpsyde – at the same time reserving further rights – shall be entitled to block the Customer’s access to the Online Shop. If this is done owing to outstanding receivables and if the Customer balances such receivables, access to the Online Shop shall be re-activated.
When you buy Digital Products at our Online Shop, you conclude a purchase contract with us. You are therefore entitled to the statutory guarantee rights laid down in German Civil Code § 437.
12.1 Inpsyde shall be liable in accordance with statutory regulations for any loss or damage to the Customer which is caused with intent or by gross negligence; ensues from lack of a warranted characteristic in the object of performance; arises from a culpable breach of cardinal duty; or results from mortal injury, physical harm or health damage if due to Inpsyde’s fault. Inpsyde shall also be liable in accordance with the German Product Liability Act (“Produkthaftungsgesetz”).
12.2 Cardinal duties shall mean those contractual obligations which have to be fulfilled in order for the agreement to be executed in the first place; which the contractual partner may rely on being performed as a matter of course; and which if breached by the other party may jeopardise the very purpose of the contract.
12.3 If a cardinal duty is breached, liability – provided the damage is merely caused by slight negligence, and does not involve mortal injury, physical harm or health damage – shall be limited to those losses which are typical and foreseeable and must therefore be anticipated in connection with the provision of services such as those under the contractual agreement.
12.4 In all other respects, Inpsyde’s liability – for whatsoever legal cause – shall be excluded.
12.5 If the damage suffered by the Customer is due to loss of data, Inpsyde shall not be held liable insofar as the damage would have been avoided, had the Customer made a full backup of all the valuable data at appropriate regular intervals.
12.6 The Customer shall be personally responsible for lawful use of the Digital Products it purchases. In particular, the Customer must ensure compliance during use of the Digital Products with any obligations to furnish information and with all other statutory regulations.
13. Termination of the subscription and the customer account
13.1 Either party can cancel the user agreement concerning the subscription and the customer account by issuing a declaration of termination. The customer may declare the termination of his subscription at any time by clicking the link provided for this purpose in his customer account. The customer also has the option of terminating his customer account by e-mail or in writing by mail. The contact data can be found in the Legal Information section of the Inpsyde website at any time. During an update and support period ordered by the customer, Inpsyde may only ordinarily terminate the user agreement for the customer account at the end of this period.
13.2 If the subscription is cancelled, it cannot be reactivated. The customer can only purchase the product again and reduce the required payment using a coupon provided by us.
13.3 After the customer account is terminated, the customer will no longer have access to the customer account and will thus have no access to digital products that have been ordered but not yet downloaded. The customer will also lose any existing claim to update and support services from Inpsyde.
13.4 Both parties reserve the right to extraordinary termination of the user agreement for good cause according to the statutory provisions.
14. Rules on Using the Support Forum
14.1 On purchasing a Digital Product, the Customer simultaneously acquires the right to contribute in writing to the relevant section of the Inpsyde Support Helpdesk (cf. Item 2.3). This Forum can be entered using the login credentials provided on registering for the Online Shop. Subject to any separate agreements, the following provisions apply to use of the Support Forum:
14.2 The Customer is bound not to breach applicable statutory regulations. In particular, any content published by the Customer in the Inpsyde Support Forum must not infringe any third-party rights (e.g. rights pertaining to copyrights, patents, trademarks and utility models, but also droit moral). The Customer must comply with provisions laid down in penal law, in legislation on the protection of young people, and in competition law. Moreover, no content which contains advertising may be published in the Forum or sent to other forum users.
14.3 The Customer is also under obligation to refrain from harassing other forum users; in particular stalking, i.e. deliberately and repeatedly (persistently) pursuing or harassing other customers, is prohibited.
14.4 In order to protect its own data and that of other parties, the Customer is under obligation to heed recognised principles of data safety and to comply with relevant data protection regulations.
14.5 In case of breaches against Clauses 13.3 to 13.4, Inpsyde is entitled to extraordinary termination of the user agreement.
15. Text of the Contract
After an order has been placed, Inpsyde sends the Customer an overview stating the product(s) it has ordered together with the respective item price and the total price, and enclosing these Terms & Conditions. Apart from this, Inpsyde does not store the text of the contract separately for each named customer. If the customer is logged into his user account, the customer can view the details of the orders he has placed.
16. Data Protection
17. Final Provisions
17.1 If the Customer is a merchant, a public corporation or an agency entrusted with managing public assets, Bergisch Gladbach shall be place of jurisdiction for any legal disputes ensuing either directly or indirectly from the contractual relationship between Inpsyde and the Customer. In this same case, it is agreed that Bergisch Gladbach shall also be place of service.
17.2 The same shall apply if subsequent to contract closure the Customer’s place of residence or normal place of abode is not on sovereign German territory, or if the Customer relocates to some place outside sovereign German territory. This shall also apply if the Customer’s place of residence or normal place of abode is not known at the time when action is brought.
17.3 The law of the Federal Republic of Germany applies exclusively, unless this limits the customer’s mandatory consumer rights. In this case, the mandatory consumer rights apply in addition to the law of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
17.4 If any provision of these T&C is inoperative, this shall not affect the validity of the remaining provisions. The inoperative provision shall be substituted by the relevant regulations laid down by law.
18. Alternative dispute resolution according to Art. 14 par. 1 ODR-VO and § 36 VSBG
18.1 The European Commission provides an online dispute resolution (ODR) platform, which can be found at http://ec.europa.eu/consumers/odr/.
18.2 We are not obligated and willing to participate in a dispute settlement procedure in a consumer arbitration board.