Terms and Conditions

Purpose and Validity

These Terms and Conditions represents a legal agreement between AquaSoft ® GmbH (hereinafter referred to as 'AquaSoft') and its customers. Changes to this license agreement must be in written form and must be signed by you and an agent of AquaSoft. In cases where parts of this license agreement are or become invalid or unenforceable the validity and enforceability of the other clauses remain untouched. In such a case all parties commit themselves to replace and agree on a valid clause, that is as close as possible to the commercial purpose of this license agreement, instead of the invalid one. These terms apply to any and all transaction with AquaSoft, and they take precedence over existing terms of customers, if they differ from the terms of AquaSoft. The purpose of this agreement is the sale or transfer of use of software and hardware and related services over the Internet and by conventional means. The customer acquires rights which are regulated in a product-specific license agreement. AquaSoft reserves the right to adjust these terms and conditions without prior notice to market conditions.

Liability

Although the software has been developed with the greatest care it can not be guaranteed that it is free of bugs. Therefore no guarantee is issued for that. No guarantee is issued for the functionality. No liability will be assumed for any possibly incurring losses on hard- or software, especially for data loss or loss of profit, that can incur due to use or abuse of this software. Results that customers achieve due to the use of AquaSoft products are their responsibility entirely. Assuming responsibility with regard to contents and quality are part of the intended use of the software. Without it a license cannot be granted. This also applies to print media, presentations, videos and other products that are subjects to copyright restrictions when re-used or edited or that cause costs or follow-up costs. The responsibility for such rights or the payment of such costs by AquaSoft are ruled out. This disclaimer by AquaSoft that is agreed upon with this license shall apply to the extent that is not expressly prohibited by law.
The software is created and delivered free of viruses, trojans, worms and other malicious parts. Nonetheless it lies in the responsibility of the user to guarantee the protection of the licensed software from computer viruses and other malicious programs by own means or with the help of suitable anti-virus and protection software. AquaSoft ® assumes no liability for loss or damage. Furthermore AquaSoft ® expressly prohibits the use of the software in applications or on systems where by human discretion malfunction of this software could result in bodily harm with or without fatal consequences. The use of this software in such an environment is not backed by the rights of this license agreement. No liability will be assumed on the part of AquaSoft ® for loss or damage due to such prohibited use.

Availability and Warranty

AquaSoft's Internet content is available to customers around the clock, independent of our operating hours. AquaSoft reserves the right to change any content either temporarily or permanently. If there is reasonable suspicion for the improper use, access to certain content (i.e. forums) may be revoked to individual customers. AquaSoft cannot be held responsible for system failures and technical problems during data transmission. AquaSoft is only liable in case of gross negligence and intent, and only if AquaSoft was actively involved in causing the damage. Any and all liability is limited to the value of products and services purchased from AquaSoft.

Warranty claims for products and services purchased by private individuals are limited to the statutory period set by German law, for commercial customers the time period is limited one year. In case of a defect, the customer agrees that AquaSoft determines whether the product will be repaired or exchanged for an equivalent. The customer agrees to cooperate and assist AquaSoft in its troubleshooting repair efforts necessary. If a repair is not possible, AquaSoft will decide whether a reimbursement of the purchase price may be considered.

Prices and Ownership

AquaSoft reserves the rights to change its prices for products and services at any time and without prior notice. All products and services remain property AquaSoft GmbH until full payment is received. is the price notice by publication in the pages of AquaSoft on the Internet, or their partners.

Customer data and passwords

AquaSoft collects, processes and stores customer data in its databases. By purchasing products or services or by using services on this website, customers consent to this. AquaSoft handles all data confidential unless the customer authorizes the use of the documents otherwise or they are requested by legal authorities. AquaSoft will ensure that customer data is never by any third parties without prior consent or disclosure. The unauthorized disclosure of login or access data and passwords is a violation of contractual obligations by the customer and AquaSoft reserves the right (there is reasonable suspicion of misuse of data) to block access.

Applicable Right, Jurisdiction, Invalidity

 The validity of this agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto shall be governed by and construed in accordance with the law of the Federal Republic of Germany. Customers agree that in any action or proceeding arising under or relating to this agreement, they shall be subject to the exclusive jurisdiction of the Federal and State courts located in or near Potsdam, Germany.

The provisions of this agreement shall be servable, and if any clause or provision of this agreement is held or declared to be illegal, invalid, or unenforceable under present or future laws effective during the term hereof, the remainder of this agreement, disregarding such illegal, invalid, or unenforceable portion, shall not be affected thereby and continue in full force and effect as though such void provision had not existed.

Office Address

Any notice or other communication to AquaSoft under this agreement shall be in writing and shall be considered given when delivered and acknowledged at the address set forth here:

AquaSoft GmbH
David-Gilly-Str. 1
14469 Potsdam
Germany
Phone +49 - 1805 - 555 85 15
Fax +49 - 1805 - 555 85 11
(0,14 Euro / minute when calling from a land line within Germany; up to 0,42 Euro / minute when calling from a mobile phone)
Internet: www.aquasoft.de
E-Mail: info@aquasoft.net

Registered under HRB 16578P
Commercial Register Local Court of Potsdam
Management: Steffen Binas, Joerg Binas