General terms and conditions of business
As of: January 1, 2024
§ 1 Scope, application of the General Terms and Conditions
(1) Rosterrocket S.R.L., Pustnicu 127c, 014042 Bucuresti, Romania, J40/23895/2023 (hereinafter “Rosterrocket”) offers its customers services in this area via www.rosterrocket.de and www.timetact.de (hereinafter “Internet platform”) of personnel planning. After registering via Rosterrocket’s internet platform, customers can subscribe to the services offered by Rosterrocket in accordance with the currently valid service packages.
(2) These General Terms and Conditions apply to all services offered by Rosterrocket via this internet platform.
(3) Terms and conditions on the part of the customer that conflict with or deviate from these General Terms and Conditions are expressly not recognized unless Rosterrocket expressly agrees to their validity in writing. This also applies if the customer accepts an offer from Rosterrocket with reference to its own different contractual conditions and Rosterrocket does not object to this. Even if Rosterrocket refers to a (possibly electronic) letter that contains or refers to the customer’s or a third party’s terms and conditions, this does not constitute an agreement to the validity of those terms and conditions. The inclusion of such customer conditions is already objected to.
§ 2 Subject of the service, addressee
(1) The subject of the service offered by Rosterrocket is the functionalities of the Internet platform in the area of personnel planning in their current version; Depending on the platform version and the service packages subscribed, these can include, for example, duty and shift planning, absence planning and time recording (collectively “contractual services”).
(2) Data backup is not part of the contractual services. The customer remains responsible at all times for securing data and content that he, his employees or other third parties acting on his behalf upload or create on the Internet platform (hereinafter “customer data”) and will do so himself and regularly with care Download and save from a regular businessman. Rosterrocket provides the customer with tools for collective downloading of data via the customer account, depending on the services booked. The customer will store the data backups in such a way that he can access them at any time and can access them independently of the Internet platform. Rosterrocket is expressly not liable for the loss of customer data.
(3) Rosterrocket’s services are aimed exclusively at entrepreneurs.
§ 3 Registration, conclusion of contract, storage of the contract text
(1) The prerequisite for concluding a contract for the use of the Internet platform (“User Agreement”) is registration by the customer. By registering, the customer guarantees that they are an entrepreneur and that they will register on the internet platform in this capacity. A violation of the aforementioned assurance entitles Rosterrocket to terminate the user contract with the customer without notice for good cause, without prejudice to its other rights.
(2) The customer may only carry out the registration through an authorized person or an authorized representative. Rosterrocket reserves the right to make the conclusion of a user contract dependent on the sending of proof of the power of representation without, however, being subject to verification obligations with regard to the identity and authorization of the person acting on behalf of the customer.
(3) The registration process is carried out by the customer by filling out and submitting the registration form on the internet platform. The data required for registration must be provided completely and truthfully by the customer. By clicking on the registration button, the customer submits an offer for the usage contract in accordance with the provisions of these General Terms and Conditions. The usage contract is concluded upon acceptance of this offer by Rosterrocket in accordance with the following paragraph (4). The customer has no right to conclude the usage contract.
(4) The contract is accepted by registering on the internet platform. Rosterrocket does not store the contractual provisions for the customer.
§ 4 Customer account, subscription to service packages
(1) By registering the desired service package, the customer gains access to the Internet platform by providing a customer account. The benefit packages depend on the number of employees.
(2) If the customer would like to subscribe to a higher or smaller service package, the customer can make this booking independently within their account using the settings. The subscription comes about through acceptance of this offer by Rosterrocket.
(3) Subscription to service packages is no longer possible as soon as one party has declared the termination of this user agreement.
§ 5 Contract term, termination
(1) The usage contract is concluded for an indefinite period. It exists independently of any subscriptions. The termination of one or all current subscriptions does not affect the existence of the user agreement.
(2) An ordinary termination of this user agreement can be declared by both parties at any time in text form by email without giving reasons. The notice period is 4 weeks to the end of the month, but the contract ends at the earliest when the last subscribed service package is terminated. The customer can terminate their contract digitally in the customer account settings.
(3) The right to extraordinary termination for good cause remains unaffected. In the event of extraordinary termination of this user agreement for good cause, all current subscriptions will also end upon termination of this user agreement.
§ 6 Prices and payment
(1) Prices for service packages are based on the conditions stated there. Unless expressly stipulated otherwise:
• a) Prices that relate to services subscribed to during a specific period are due at the beginning of this period.
• b) Relevant for compliance with payment times and deadlines is the crediting of the respective amount to the bank account specified by Rosterrocket.
• c) Invoices from Rosterrocket must be paid without deductions within 2 (two) weeks.
• d) All prices are net prices plus the VAT applicable at the time of payment.
§ 7 Availability of the Internet platform, place of performance
(1) The availability of the internet platform is determined as follows:
• a) Rosterrocket will carry out the necessary maintenance work on the Internet platform between 11 p.m. and 6 a.m. Central European Time (“maintenance window”). During these maintenance windows, the Platform may be temporarily unavailable in whole or in relation to some services on the Internet.
• b) Rosterrocket provides the Internet platform with an availability of at least 99% per calendar quarter on the Internet. The times of the maintenance windows are not included in the calculation of availability.
• c) Rosterrocket can also restrict access to the Internet platform outside the maintenance windows if the security of the platform operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data require this.
• d) Rosterrocket will inform the customer of planned service work that affects availability and lasts longer than 10 (ten) minutes at least 4 (four) hours in advance by notifying them in the customer account.
(2) The transfer point for Rosterrocket’s services is the interface between the servers on which the Internet platform is hosted and the Internet.
§ 8 Changes to services, updates
In the interest of all platform users, Rosterrocket always strives to improve and meaningfully expand the Internet platform in order to continually increase its benefits for its customers. Rosterrocket therefore expressly reserves the right to further develop the internet platform during the contract term. As part of the further developments, Rosterrocket can, for example, change the appearance of the front end and modify, add and remove functionalities as well as adapt designs, input masks and other components of the front and back end (collectively “platform updates”). The customer is not entitled to platform updates, nor is there a right to continued use of a specific version of the Internet platform. The customer cannot derive any claims against Rosterrocket from platform updates carried out, as long as the functionalities he has booked are not eliminated or significantly restricted as a result of platform updates and he does not suffer any unreasonable disadvantages as a result of using the platform.
§ 9 Obligations when using the customer account
(1) The customer is obliged to choose a secure access password for his customer account when registering. A strong password contains upper and lower case letters, as well as special characters and numeric characters.
(2) The customer must keep the access data to his customer account secret and protect it from access by unauthorized persons by taking measures in accordance with the current state of the art. If the customer becomes aware of improper access to his access data or his customer account or if facts give rise to suspicion in this regard, he must inform Rosterrocket immediately.
(3) The customer is entitled to provide third parties (hereinafter “employees”) with employee access to their customer account in accordance with the service packages they have booked. Rosterrocket’s sole contractual partner remains the customer. A contractual relationship between the employees and Rosterrocket is not established.
(4) The customer is liable to Rosterrocket for the behavior of the employees to whom he grants access to his customer account. Violations of customer obligations under these General Terms and Conditions by such employees will be attributed to the customer. He is responsible to Rosterrocket for ensuring that these employees behave in accordance with the contract and do not violate these terms and conditions, laws and/or the rights of third parties in connection with the use of our contractual services. Violations of these provisions by employees will be attributed to the customer; in these cases, the customer is Rosterrocket’s defendant.
§ 10 Customer data, rights of use
(1) Rosterrocket operates the Internet platform as a technology service provider as part of a Software as a Service offer. Rosterrocket will not have any influence on or review customer data or its creation, transmission and use and therefore considers such data and content to be external.
(2) In order to enable Rosterrocket to provide the contractual services, the customer grants Rosterrocket the spatially unrestricted and non-exclusive right to store, reproduce and make publicly available customer data that can be protected by copyright for the period of validity of the usage contract and any retention obligations of Rosterrocket including the right to sublicense to the extent necessary to fulfill Rosterrocket’s contractual obligations.
(3) The customer is obliged to
• a) only upload and create data on the internet platform that does not violate legal requirements or the rights of third parties,
• b) to ensure that the uploading of data and the granting of usage rights in accordance with paragraph (2) and the use of the Internet platform by him do not violate legal requirements or the rights of third parties.
(4) The internet platform is expressly not used to store and manage special categories of personal data within the meaning of Article 9 GDPR. The customer undertakes not to store or process any such data on the internet platform. If the customer violates the aforementioned obligation and incurs damages (e.g. due to loss of data, transmission, changes or consequences of actions that violate data protection law), Rosterrocket is not liable for this.
§ 11 Data protection
Rosterrocket strictly adheres to the provisions of the applicable data protection law. The customer is responsible for personal data that the customer collects, processes or uses.
§ 12 Subcontractors, assignment of rights and obligations
(1) Rosterrocket is entitled to transfer its performance obligations from the user agreement to third parties or to engage subcontractors and to transfer claims against the customer to third parties. Rosterrocket remains responsible to the customer for the provision of services in accordance with the contract.
(2) A transfer of rights and obligations from this contract by the customer to third parties is only permitted with the prior express consent of Rosterrocket.
§ 13 Offsetting
The customer only has the right to offset if his counterclaims have been legally established by a court or are undisputed.
§ 14 General limitation of liability
Rosterrocket is liable, regardless of the legal basis, exclusively in accordance with the following regulations.
(1) Rosterrocket is only liable for intent and gross negligence. Rosterrocket is not liable for slight negligence.
(2) The limitation of Rosterrocket’s liability does not apply in the event of injury to life, body and/or health and in the event of liability under the Product Liability Act.
(3) Rosterrocket is not liable for events of force majeure that make the contractual services impossible or even significantly complicate or temporarily hinder the proper execution of the contract. All circumstances that are independent of the will and influence of the contracting parties are considered force majeure, such as terrorist attacks, embargoes, confiscation, natural disasters, strikes, decisions by authorities or other serious and unforeseeable circumstances for which the contracting parties are not responsible. A circumstance is only considered force majeure if it occurred after the contract was concluded.
(4) Furthermore, Rosterrocket is not liable for disruptions and loss of quality in data transmission on the Internet, for which Rosterrocket is not responsible and which make the use of functions of the Internet platform or services available via it more difficult or impossible.
(5) To the extent that Rosterrocket’s liability is excluded or limited, this also applies to the liability of Rosterrocket’s employees, other employees, representatives and vicarious agents.
§ 15 Changes to these General Terms and Conditions
Rosterrocket reserves the right to change these General Terms and Conditions without justification and in compliance with the following procedure: The changed General Terms and Conditions will be sent to the customer, indicating the respective changes, to the email address provided during registration. If the customer does not object within 2 (two) weeks of receipt of the above-mentioned email, his consent to the respective changes is deemed to have been granted.
§ 16 Final provisions
(1) The contractual language is German, all declarations and communication are in German. The parties ensure that their contact persons speak German.
(2) Romanian law applies to the user agreement and all contracts concluded between Rosterrocket and its customers.
(3) To the extent permitted by law, the courts in Romania, Bucharest at Rosterrocket’s registered office are exclusively responsible for all disputes arising from or in connection with the contractual cooperation between the parties.
(4) Should individual provisions of these General Terms and Conditions or of contracts or agreements made between the parties be wholly or partially invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the rest of the regulations remains unaffected. Instead, the parties will work towards agreeing a replacement regulation that comes closest to the invalid or unenforceable one in a legally permissible and economical manner. The above provisions apply accordingly in the event that regulations prove to be incomplete.
