General Terms and Conditions
Framework conditions for gastrosprint services to entrepreneurs.
1. Provider and scope
These General Terms and Conditions apply to contracts for gastrosprint services between Darren Jeffrey Thomas, Bieshausener Str. 2a, 51580 Reichshof (“Provider”) and his customers.
The offer is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Conflicting or deviating terms and conditions of the customer only apply if the provider has expressly agreed to them in text form.
2. Conclusion of contract
Online bookings are aimed exclusively at entrepreneurs. The booking buttons lead to Stripe Checkout. The package, prices and payment terms are displayed there before completion. The contract for the selected package is concluded with the binding confirmation in the checkout and the successful booking confirmation. Simply opening the checkout as well as demo and contact requests remain non-binding. Individual contracts can still be concluded through an offer and acceptance or a separate order confirmation.
Individual agreements in the offer or in the order confirmation take precedence over these General Terms and Conditions.
When booking online, the service description of the selected package displayed before completion becomes part of the contract.
3. Subject of the contract and scope of services
The provider provides the customer with a web-based software solution for business use for the duration of the contract. In particular, it can include a digital online ordering website, a protected administrative dashboard, integration into an existing restaurant website and expressly agreed additional services.
The specific scope of services results from the individual offer, the order confirmation and the included service description. For online bookings, the service description of the selected package shown before completion applies.
The software is provided as a hosted service. There is no entitlement to the transfer of the source code, to a self-hosted version or to certain, not expressly agreed functions. A native smartphone app and hardware are only part of the contract if this has been expressly agreed.
4. Orders and relationship with end customers
Contracts for food, drinks, delivery, collection and other restaurant services are concluded exclusively between the customer and their respective end customer. This also applies if the end customer pays for their order online. The provider becomes neither a contractual partner of these orders nor a seller of the restaurant services and assumes no responsibility for their proper fulfillment.
The customer determines his product range, prices, availability, delivery areas, minimum order values, delivery costs, opening times and acceptance decisions on his own responsibility. He carefully processes incoming orders during the times he publishes and keeps the information in the online ordering website up to date.
5. Obligations to cooperate and customer content
The customer provides the required content, product and company information, prices, tax information, image and trademark rights as well as technical access in a timely, complete and correct manner. He checks content to be released before publication.
The customer remains responsible for his restaurant offers, mandatory information, prices, allergens and additives, delivery conditions, child protection and consumer protection information as well as the lawful processing of his end customer data. Access data must be treated confidentially and protected from unauthorized access.
The provider is not obliged to check customer content legally or in terms of content. The customer guarantees that the texts, images, brands and other content provided may be used lawfully and do not violate any rights of third parties.
6. User Accounts and Acceptable Use
The customer protects his user accounts and access data from unauthorized access. Actions by employees or other persons to whom the customer grants access are attributed to his area of responsibility. Any suspected misuse must be reported to the provider immediately.
The software may only be used for your own business operations and for lawful purposes. In particular, the transfer to unauthorized third parties, the circumvention of technical protective measures, disruptions to the platform, the distribution of harmful content and the use of illegal goods, services or business practices are prohibited.
In the event of significant security risks, unlawful use, repeated material breaches of contract or late payment, the provider may temporarily restrict access. If the situation permits, the customer will be informed in advance and given the opportunity to remedy the situation. Legal rights and the right to compensation for services already provided remain unaffected.
7. Compensation and Payment
The prices agreed in the individual offer or when booking online in the checkout apply. All prices shown to entrepreneurs are net plus the applicable statutory VAT, if sales tax is applicable.
In GastroSprint Direkt, Growth and Complete there is no percentage GastroSprint order commission on direct orders. Payment service provider fees for processing online payments are not a GastroSprint order commission and may be additional. Recurring services are billed at the agreed billing intervals. Additional services, such as individual extensions or AI product images, will only be paid for after a separate agreement.
Invoices are sent electronically and are payable without deductions within the period specified on the invoice or offer. In the event of late payment, the statutory provisions apply. Further reminder, blocking or reactivation fees are only due if they have been effectively agreed.
Online booking and start phase
When booking online, the package and payment conditions stated in the checkout apply. For Direct, Growth and Complete, EUR 64 net will be charged in advance per month from the time of booking. A free test phase is not agreed. With Complete there is an additional 499 EUR net one-time setup fee; A total of EUR 563 net is due when booking. All amounts are exclusive of statutory VAT.
The customer books the selected overall package right from the start. At Growth, the monthly compensation increases to EUR 119 net as soon as the iPhone and Android apps are published. With Complete it increases to EUR 149 net as soon as the website and both apps are published. The provider informs the customer about the date and amount before the change. In the current billing month, the difference will be calculated pro rata with the next regular bill; the monthly billing date remains the same.
The contract term begins with the booking; the later price change does not start a new minimum term. The terms and termination regulations in Section 17 apply. In order to set up the shop quickly, the customer must provide all the necessary information and content. Publications in the app stores also depend on their review procedures.
GastroSprint subscription payments are processed via Stripe using the payment method selected in the checkout. Recurring amounts will be collected in accordance with the payment authorization provided there. A successful booking confirmation is not proof of final receipt of payment for delayed payment methods.
8. Mollie Connect and online payments
Third-party services may be used for individual functions, in particular for hosting, domains, email sending, menus, security and online payments. If necessary, the terms and conditions of the respective third-party provider also apply. The provider is only liable for third-party services within the scope of the legal regulations and its own responsibility.
If online payments are agreed and activated, the provider binds the payment service Mollie Connect for Platforms from Mollie B.V. (“Mollie”) technically into the software. To do this, the customer needs their own Mollie merchant account connected to gastrosprint and concludes a separate contract with Mollie via the payment services. The customer grants the authorizations required for the technical connection. Mollie is responsible for accepting, checking and activating the merchant account as well as individual payment methods.
The customer remains the payment recipient and the economic responsible party for the transactions towards his end customers. Gastrosprint can technically initiate payments and refunds on behalf of the customer and retrieve payment status via the Mollie interface, but does not provide payment services itself. Mollie processes the payments, carries out the necessary identity and corporate verifications and initiates payouts in accordance with the Mollie contract and the configuration of the customer account. The provider does not hold customer funds.
Mollie's fees, available payment methods, withdrawal periods, refunds, chargebacks, security and other payment-related terms are governed by the contract between the customer and Mollie. In the “Connect for Platforms” model, the customer bears particular responsibility and the economic risk for refunds and chargebacks of their transactions. If the available Mollie credit is insufficient for a refund or debit, execution or payment may be delayed in accordance with the Mollie conditions or further payment obligations may arise on the part of the customer.
The customer ensures that his information to Mollie is complete and up to date and processes refund requests, payment disputes and chargebacks from his end customers in a timely manner. A specific permanent availability of individual payment methods or a successful authorization of each payment is not owed. The current ones also apply Mollie Terms of Use.
9. Deployment, Maintenance and Availability
The provider provides the agreed digital services for the duration of the contract. Maintenance work, security updates, disruptions to third-party networks or services, and events beyond our reasonable control may temporarily limit availability.
A specific availability, response time or recovery time is only owed if expressly set out in a quotation or service level agreement.
Support requests are on kontakt@gastrosprint.de to judge. The provider processes clearly described faults within a reasonable period of time. Support for problems, content or non-agreed adjustments caused by the customer can be paid for separately if the customer orders this in advance.
10. Changes and further development
The provider may further develop the software technically and creatively, in particular to improve security, usability and compatibility. The agreed main function of the service must not be unreasonably impaired.
The customer will be informed in a timely manner about any significant changes that adversely affect the agreed scope of services. If an expressly agreed essential function is permanently no longer available and no equivalent alternative is available, the customer's legal rights remain unaffected. The customer's wishes and suggestions do not constitute a right to implementation.
11. Data protection and order processing
The parties observe the applicable data protection regulations. If the provider processes personal data on behalf of the customer, the parties conclude an agreement on order processing in accordance with Art. 28 GDPR before the processing begins. The customer is responsible for the lawfulness of the processing initiated by him and for informing his end customers.
12. Confidentiality
Both parties treat non-publicly known business, technical and organizational information of the other party as confidential. The obligation does not apply to information that is demonstrably already known, generally accessible, lawfully obtained from third parties or which is required to be disclosed due to a legal obligation.
13. Rights of Use
For the duration of the contract, the customer receives the non-exclusive, non-transferable right to use the software provided and the agreed work results for their own business operations. Further rights, in particular to individually created designs, domains, source code or separately commissioned content, depend on the respective offer.
The customer grants the provider the rights to the content provided that are necessary for the fulfillment of the contract and guarantees that their use does not violate the rights of third parties.
Any use of the customer's name, trademarks or work results as public reference will only occur with the customer's prior consent.
14. Domains, integration and search engines
Integration into an existing website requires that the customer has the necessary rights and technical access. Registration, ownership, extension and transfer of a domain depend exclusively on the individual offer. Without an express agreement, the provider is not responsible for registering or transferring a domain.
A specific placement on Google or other search engines, a specific number of visitors or specific economic success are not owed. Search engine optimization measures are only part of the service if they have been expressly agreed.
15. Warranty rights
The customer reports disruptions immediately with a comprehensible description. The provider will investigate and correct reproducible defects within a reasonable period of time. The customer supports the error analysis by providing necessary information and reasonable cooperation.
According to the current state of technology, software cannot be provided completely free of errors. An insignificant impairment does not justify claims for defects. Statutory rights relating to defects remain unaffected unless otherwise agreed in the individual contract.
16. Liability
The provider is liable without limitation in the event of intent and gross negligence, in the event of culpable injury to life, body or health, in accordance with the Product Liability Act and to the extent of expressly provided guarantees.
In the event of a slightly negligent breach of an essential contractual obligation, liability is limited to the damage typical for the contract that was foreseeable at the time the contract was concluded. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible and on whose compliance the other party can regularly rely. Furthermore, liability for slight negligence is excluded.
In the event of data loss for which the customer is responsible, the provider is only liable for the restoration effort that would have been incurred if the customer had properly and regularly backed up the data. This limitation does not apply in cases of unlimited liability according to the first paragraph.
17. Term and Termination
The initial contract term is one month for GastroSprint Direkt and three months for GastroSprint Growth and Complete, unless otherwise agreed in the individual offer. The contract will then be extended by another month unless it is canceled in writing beforehand. Ordinary termination is possible at any time with effect from the end of the initial contract term and then from the end of the respective extension month.
The right of both parties to extraordinary termination for good cause remains unaffected. Terminations must at least be in writing.
18. End of contract, export and deletion
After the end of the contract, the right to use the services provided ends. Statutory retention obligations remain unaffected. The scope, format and deadline for a data export as well as the subsequent deletion are specified in the offer, in the service description or in the order processing agreement.
The customer is responsible for backing up the data required for his business operations before the end of the contract, provided he has been provided with an export or output option for this purpose. After the agreed retention periods have expired, the provider may delete data provided that there are no legal obligations or legitimate reasons for further storage.
19. Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a legal entity under public law or a special fund under public law, the legal regulations regarding the place of jurisdiction apply; A different agreement on the place of jurisdiction requires an express agreement.
If individual provisions are or become ineffective, the effectiveness of the remaining provisions remains unaffected.