Terms of Service

Version 2.0, last updated on 01 March 2025

The BitBuy project by Marks Software GmbH, Brock 6, D-29683 Bad Fallingbostel, Germany, following "MS".

1. General and scope of application

1.1 All contracts, deliveries, services and offers are based on these terms and conditions. These terms and conditions are deemed to have been accepted at the latest when an order is placed or a product or service is received. Conflicting terms and conditions of business or purchase of the customer are only recognized if they are expressly agreed to in writing. Subsidiary agreements and additions to the contract are legally ineffective unless they have been confirmed in writing by MS. MS is entitled to assign claims arising from the business relationship.

1.2 These terms and conditions apply to both consumers and entrepreneurs, unless a distinction is made in the respective clause. A distinction is made in the respective clause. Consumers within the meaning of these terms and conditions are natural persons with whom a business relationship is entered into without them being able to be attributed to a commercial or independent professional activity. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into, who act in the exercise of their commercial or independent professional activity.

2. Changes to the Terms of service

2.1 MS may amend these Terms of service with a reasonable period of notice. If the customer does not object to the amendment within a period set by MS, the amendment shall be deemed accepted.

2.2 MS informs the customer in the change notification that the change will become effective if the customer does not object within the set period.

2.3 MS may send information and explanations concerning the contractual relationship to the customer’s email address.

3. Offer and conclusion of contract

3.1 Offers from MS are non-binding and are subject to the availability of appropriate resources or timely delivery by MS suppliers. By placing an order, the customer declares bindingly that he wishes to purchase the products or services offered. MS is entitled to accept this offer in whole or in part within the delivery periods specified by it by delivering the product or service, by separate order confirmation or in any other suitable manner. The contract is concluded with its express or implied declaration of acceptance, to the extent that its declaration of acceptance extends. MS is under no circumstances obliged to accept orders.

3.2 In the event of discrepancies between the order and the order confirmation, MS’s statement takes precedence unless the deviation is to be considered as a new contract offer.

3.3 Obvious errors, typographical, printing and calculation errors made by MS when presenting an offer or in the context of an order confirmation are not binding for MS.

4. Description of services and changes to services

4.1. If the customer's requirements are not yet apparent from the task according to the contract, MS will detail them with the customer's support and create a specification (requirements and requirements specification). The requirements and requirements specification is a binding requirement for further work. The requirements and requirements specification can be refined or changed in the course of implementation in consultation with the customer. If MS recognizes that the task is incorrect, unclear or cannot be carried out with a reasonable amount of work, MS will inform the customer immediately. The customer will then decide immediately on how to proceed.

4.2 If the customer changes his task in whole or in part, MS is entitled to withdraw from the contract. Costs incurred up to that point must be paid by the customer.

4.3 If the implementation of a change request affects the contractual conditions or results in a higher workload, MS can demand an appropriate adjustment of the contractual conditions, in particular an increase in prices or a postponement of deadlines.

4.4 If a reason for which MS is not responsible affects the adherence to the deadline, MS can request an appropriate postponement of the deadlines. If the effort increases and the cause lies within the customer's area of responsibility, MS can also request compensation for its additional effort.

5. Place of work

5.1 The work will only be carried out in whole or in part at the customer's premises if required and if previously agreed.

5.2 The customer must name a responsible contact person who can make or bring about decisions. The contact person must record decisions in writing. The contact person is available to MS for any necessary information. MS will inform the customer about the status of the work upon request.

6. Customer’s obligation to cooperate and acceptance

6.1 The customer is obliged to support MS as far as necessary and to create all the conditions required for the proper execution of the order within its sphere of operations. At the request of MS, the customer will provide a workplace and work equipment free of charge in accordance with the requirements of MS if the work is to or must be carried out in whole or in part on site.

6.2 The customer provides all information and services necessary for training and implementation free of charge.

6.3 The customer undertakes to check the product and documentation for its essential functions and, if they are in accordance with the contract, to declare acceptance in writing. The inspection period is two weeks after the written request for acceptance, unless otherwise agreed.

6.4 The product is deemed to have been accepted as soon as, after the end of the inspection period, its usability is not significantly restricted due to reported defects for a further period of two weeks.

6.5 Acceptance may not be refused in the event of minor defects. Defects are considered minor if the agreed function is not significantly impaired and the product is technically fully functional.

7. Delivery dates and force majeure

7.1 The dates of fulfillment (completion) and delivery periods specified by MS are non-binding unless expressly agreed otherwise. The actual delivery periods are based in particular on the delivery periods of MS suppliers. The actual fulfillment dates can only be met if the customer provides all necessary work and documents in full by the dates specified by MS, in particular the service description accepted by him as per point 4.1. and fulfills his obligation to cooperate to the required extent. If the non-binding delivery periods are actually significantly exceeded, MS will inform the customer immediately. MS cannot be held liable for delivery delays and cost increases that arise from incorrect, incomplete or subsequently changed details and information or documents provided. The customer shall bear any resulting additional costs. For orders that include several units or products, MS is entitled to make partial deliveries or issue partial invoices.

7.2 Temporary delivery obstacles due to force majeure (e.g. war, terrorism, natural disasters, fire, strikes, power outages, failure of telecommunications networks or data lines) and other unforeseeable events for which MS is not responsible entitle MS to only carry out the delivery after this obstacle has been removed. MS will inform the customer immediately of the existence of such an obstacle. To the extent and as long as obligations cannot be fulfilled on time or properly as a result of such an obstacle, changes in the law affecting MS's services after conclusion of the contract or other unavailability of products, this does not constitute a breach of contract. If the obstacle persists for more than two weeks beyond the regular delivery periods, both MS and the customer are entitled to withdraw from the contract after setting a reasonable deadline.

7.3 In the event of a delay in delivery for which MS is responsible, merchants only have the right to withdraw from the contract, excluding any claims for damages.

8. Delay in acceptance

8.1 For the duration of the customer's delay in acceptance, MS is entitled to store the products at the customer's risk and expense. MS can also use a shipping company, a warehouse keeper or a provider for this purpose. The storage costs are charged at a flat rate of 3% of the net invoice value of the stored products per month, but not more than EUR 50.00. MS is entitled to prove and invoice actually higher costs. The customer is entitled to prove that no or lower storage costs were incurred.

8.2 If MS withdraws from the contract due to the customer's delay in acceptance, MS is entitled, if the other legal requirements are met, to demand a flat-rate compensation of 30% of the agreed net invoice value. The right to claim actual higher damages remains reserved. The customer is entitled to prove that no or lesser damages have occurred.

9. Prices

9.1 Unless otherwise agreed, the prices stated in the order confirmation apply.

9.2 The prices include the German VAT applicable at the time the order is placed, plus the additional costs shown in the order confirmation. For deliveries to a country that is not a member of the European Union, the price is reduced by the German VAT in special cases. In this case, however, the customer must directly bear the customs duties and import sales tax incurred on import. He releases MS from any claims in this regard.

9.3 Unless otherwise agreed in writing, MS is bound to the prices stated in your offers for 10 days.

9.4 If MS makes partial deliveries at the customer’s request, the customer shall bear the additional costs incurred as a result.

10. Terms of payment

10.1 Unless otherwise agreed in writing, MS invoices must be paid within 10 days of receipt of the invoice without any deductions.

10.2 Depending on the agreement, MS invoices are payable by invoice, advance payment, Mastercard/Visa direct debit or SEPA direct debit or in cash upon collection. Deliveries abroad are only made against advance payment.

10.3 In the case of advance payment, payment must be made within two weeks of placing the order. The decisive factor is the time at which the money is received by MS. If payment is received later, MS will inform the customer immediately if MS no longer accepts the order (e.g. due to price increases in the meantime) and will transfer back the amount paid. The same applies if MS only partially or not at all accepts an order, even if payment is made on time.

10.4 In the case of a SEPA direct debit, the amount will be debited from a German checking account as soon as the product is delivered.

10.5 A payment shall only be deemed to have been made when MS can dispose of the amount.

10.6 The customer is not entitled to withhold payments due to incomplete delivery, guarantee or warranty claims or complaints. The customer can only exercise his right of retention if his counterclaim is based on the same contractual relationship. The customer is only entitled to a right of set-off if his counterclaim has been legally established or has been acknowledged in writing by MS.

11. Service and Support

11.1. After completion or delivery of the products or services, any follow-up services and support are subject to either a maintenance contract or a new offer.

12. Cancellation policy

You can revoke your contract declaration within 14 days without giving reasons in text form (letter or email) or - if a product is given to you before the deadline - by returning the product. The period begins after receipt of this instruction in text form, but not before receipt of the product by the recipient, in the case of recurring deliveries of similar products not before receipt of the first partial delivery. To comply with the cancellation period, it is sufficient to send the cancellation or the product in good time.

12.1 The revocation must be addressed to:

Marks Software GmbH, Brock 6, D-29683 Bad Fallingbostel, Germany
or by email to: info@marks-software.de

12.2 The right of withdrawal does not apply if products are individually manufactured and/or designed for the customer at his request or in the case of custom-made products (e.g. for the delivery of special sizes that have to be made especially for him or her or for the delivery of products that are manufactured according to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature).

12.3 Consequences of revocation

12.3.1 If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you. Under no circumstances will you be charged any fees for this refund.

12.3.2 You must return the products to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the products before the expiry of the fourteen-day period. You will bear the direct costs of returning the products. You only have to pay for any loss of value of the products if this loss of value is due to handling of the products which is not necessary to check their quality, properties and functioning.

12.3.3 If you have requested that the services begin during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

13. Warranty

13.1 All images that MS uses on its website to represent products or services are merely example images. They do not always represent the respective product or service in a true-to-life manner, but are only for illustrative purposes. The products may differ from the image. The description of the products or services is decisive.

13.2 Drawings, illustrations, technical data, weight, dimensions and performance descriptions are to be understood as approximate values nd are only binding if they are expressly designated as binding by MS in writing. Specifications of quality are only guaranteed in accordance with Section 443 of the German Civil Code if MS expressly declares a corresponding guarantee in writing. We reserve the right to make changes to the quality of the products before delivery, provided that they do not affect the quality of the products or only to a small extent. In all other respects, only the manufacturer's product description is considered to be the agreed quality of the product, not a description in public statements, praise or advertising measures.

13.3 MS products are only suitable for normal private or commercial use, but not for use in critical safety systems, nuclear power plants or medical devices with life-sustaining functions, unless these general conditions were recorded in writing when the order was placed and are part of the product or service. MS is not liable for damages resulting from such use or similar use.

13.4 Obvious defects in the products must be reported to MS in writing immediately after delivery, otherwise MS's warranty obligations in this regard will lapse. Obvious transport damage must be reported to the transport person upon delivery and recorded. In the event of significant transport damage, acceptance of the product must be refused. For each complaint of defects, the customer must return the defective product to MS with all accessories and a copy of the delivery note with which the product was delivered, stating the model and serial number and together with a precise description of the defect. The product must be returned in the original packaging or in appropriate packaging at MS's expense.

13.5 The customer is obliged to back up the data on the product before returning it. MS is not liable for the loss of data on devices that are returned to MS.

13.6 If the customer does not expressly state the type of subsequent performance he wants in the notification of defects, MS has the choice. If the customer does not include all accessories with the defective product when returning it, he will be invoiced for these accessories in addition to the sales price in the event of subsequent delivery with the corresponding accessories. Replaced products or parts become the property of MS. If the customer withdraws from the contract due to a defect, any delivery components not returned will also be deducted from the sales price of the credit note issued by MS.

13.7 If a complaint turns out to be unjustified, MS will return the defective product to the customer. The customer will bear the costs, including the inspection effort. MS is entitled to charge a flat-rate compensation for expenses in the amount of 4 work units according to the currently valid price list. This is available for inspection. MS reserves the right to claim that the actual expenditure was higher. The customer is entitled to provide evidence that the expenditure was actually lower. MS can make the return of the product dependent on payment of the invoice issued by MS.

13.8 The warranty period is 24 months from delivery of the product. The warranty period for used products is 12 months.

13.9 No warranty is provided for damages resulting from unsuitable or improper use, incorrect assembly or commissioning by the customer or third parties, natural wear and tear, incorrect or negligent handling, unsuitable operating materials, non-compliance with the operating and maintenance instructions and improper modifications or repair work by the customer or third parties.

13.10 If the product continues to be used despite knowledge of a defect, MS is only liable for the original defect, but not for any damage caused by continued use.

14. Liability

14.1 MS is fully liable for damages due to breach of contractual and non-contractual obligations in the event of fraud, intent and gross negligence. If MS negligently breaches a contractual obligation, its liability for compensation is limited to the typical, foreseeable damage. The same applies to breaches of duty by its vicarious agents. Further claims, in particular reimbursement of expenses, are excluded. MS's liability under the Product Liability Act, from a guarantee or for personal injury remains unaffected by this.

15. Retention of title and licenses

15.1 The product or service remains MS's property until the purchase price has been paid in full. If MS products are combined with other products, MS receives co-ownership of the new products in the ratio of the invoice value to the MS product value of the other combined products. The customer will store the reserved products or the products co-owned by MS free of charge for MS. Pledging or transferring ownership by way of security with regard to the products co-owned by MS is not permitted. If third parties access the reserved products, the customer will point out MS's ownership and notify MS immediately.

15.2 If third-party software is included in the scope of delivery, the customer’s rights are governed by the license terms of the respective manufacturer or licensor, which the customer hereby undertakes to observe and comply with.

15.3 If MS’s own software is included in the scope of delivery, the license conditions are regulated solely by the software license agreement.

16. Right of use

16.1 Unless otherwise agreed in writing, the customer receives a simple, non-transferable, non-terminable right of use for all types of use of the products created by MS after acceptance and full payment of all service invoices. The customer only receives the product resource if required and if previously agreed and may continue to use it for his own purposes provided he does not violate the license terms of MS. Any further use and exploitation activities require a written agreement or approval.

16.2 MS may use parts of the product it has created itself for other purposes, provided that the action does not violate the confidentiality of the contract or certain parts were not explicitly excluded when the contract was concluded.

17. Prohibition of assignment

17.1 The assignment of any claims or demands against MS to third parties is excluded unless MS expressly consents to the assignment in writing. MS is obliged to consent if the customer proves a legitimate interest in the assignment.

18. Data protection

18.1 MS is entitled to store and process the data about the customer received in connection with the business relationship, regardless of whether it comes from the customer himself or from third parties, in accordance with the Data Protection Act (DSGVO), insofar as it is necessary for the business relationship. The data will only be passed on to third parties with the customer's consent, apart from statutory or official notification obligations.

18.2 The MS’s detailed data protection provisions are available at the MS’s offices and are available by post and digitally.

19. Place of jurisdiction

19.1 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Bad Fallingbostel / Walsrode / Verden, provided that the customer is a merchant, a legal entity under public law or a special fund under public law. For all claims of any kind arising from or in connection with this contract, the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

20. Contractual relationship for domains, web hosting, shops, servers and email

20.1 The contractual relationship for the registration of the domain is concluded directly between the customer and the awarding authority or the registrar. MS commissions the registration of domains as part of a business management relationship for the customer.

20.2 The top-level domains are registered and managed by different organizations. Different allocation conditions apply to each top-level domain. The domain guidelines, the domain conditions and the price list of DENIC e.G. apply to .de domains. The conditions of the domain registration authorities for the respective top-level domain are part of this contract.

20.3 The data for registering domains are forwarded to the relevant awarding bodies in an automated process. The customer can only assume that the domain has actually been allocated once the Internet service has been provided under the desired domain. No guarantee can be given for the allocation of ordered domains.

20.4 Customer’s obligations

20.4.1 The customer is obliged to cooperate to a reasonable extent in the registration, transfer and deletion of domains, the modification of entries in the databases of the registration authorities and in the change of providers and registrars.

20.4.2 The customer is responsible for ensuring that his domain(s) and its contents do not violate any legal provisions or the rights of third parties. MS points out that, where applicable and especially in the case of international domains, other national legal systems must be observed.

20.4.3 The customer undertakes not to offer any domains or content for retrieval that are of an extremist (in particular communist, left-wing and right-wing extremist) nature or that contain pornographic or commercial erotic offers. This also applies if such content is made accessible through hyperlinks or other connections that the customer places on third-party websites.

20.4.4 The sending of spam messages via the services provided by MS (in particular email) is prohibited. This includes in particular the sending of unauthorized, unsolicited advertising to third parties. When sending messages, it is prohibited to provide false sender information or to conceal the identity of the sender in any other way. The customer is obliged to make this nature clear in commercial communication by designing the messages accordingly.

20.4.5 The customer is responsible for not exceeding the quantity of the included services, unless an excess has been contractually agreed. If MS determines that the traffic volume of a customer of a hosting package exceeds the framework provided for the corresponding contractual relationship by more than 10 percent in a month, it will inform the customer of this. MS can then offer the customer the next higher contractual relationship (e.g. a higher-value hosting package) with a correspondingly higher traffic volume. If an offer to switch to the next higher contractual relationship is rejected by the customer, MS can terminate the contractual relationship with two weeks' notice.

20.4.6 Alternatively, MS has a special right of termination with a notice period of four weeks in the event of traffic exceedances according to (paragraph 5).

20.4.7 If the data to be provided for a domain according to the respective registration conditions proves to be incorrect and MS cannot contact the customer using the data provided, MS can have the domain deleted.

20.4.8 The customer is obliged to regularly check the email address stored with MS, as MS communication (in particular concerning their contract) takes place electronically via email.

20.5. MS’s response to violations of rights and threats

20.5.1 If third parties make it credible that content or domains violate their rights, or if it appears likely based on objective evidence that domains or content violate legal provisions, MS can block the content as long as the violation of rights or the dispute with the third party regarding the violation of rights continues.

20.5.2 If the possible infringement is committed through a domain, MS can also take measures to make the domain inaccessible. In cases where the infringement through a domain appears certain based on objective evidence, MS can terminate the contractual relationship without notice.

20.5.3 In the case of extremist, pornographic or commercially erotic content, MS can terminate the account without notice instead of simply blocking it.

20.5.4 If the customer sends spam emails, MS can temporarily block the mailboxes on the email server.

20.5.5 If spam emails mention or link to an Internet address that is maintained by MS or whose associated content is located on MS servers (particularly websites and databases), MS can temporarily block the domain or the content.

20.5.6 MS may reject emails addressed to its customers based on objective criteria if there are facts that justify the assumption that an email contains malicious software (viruses, worms or Trojans, etc.), the sender information is false or disguised, or it is unsolicited or disguised commercial communication (spam emails).

20.5.7 MS’s claim to remuneration shall continue to exist as long as a service has been blocked for the above reasons.

20.6. Email

20.6.1 MS reserves the right to limit the size and number of incoming and outgoing email messages, provided that this is reasonable for the customer.

20.6.2 MS is entitled to delete email messages received on accounts provided,

1. after they have been retrieved by the customer,
2. after they have been forwarded according to customer instructions,
3. after they have been stored for 60 days,
4. after the account has been deleted by the customer.

20.7. Liability of MS

20.7.1 If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, liability is limited, except in cases of intent and gross negligence, to the sum of the contractual fees that the customer has paid to MS for the period of three years prior to the occurrence of the damaging event within the framework of the specific contractual relationship or would have paid if the contractual relationship had existed for less than three years.

20.8 Procedure for termination of contract

20.8.1 Domain deletion requests require the signature of the domain owner (Admin C).

20.8.2 If the customer does not request the deletion of a domain when terminating the contract, MS can return the domain to the responsible awarding body after the end of the contract and after a reasonable period of time. MS hereby points out that in this case the customer may still be obliged to pay compensation to the awarding body.

20.8.3 Alternatively, MS may delete the domain after a reasonable period of time.

20.8.4 If MS terminates the contract due to late payment or for good cause, MS may, after a reasonable period of time, arrange for the deletion of the affected domains, unless the customer issues other instructions.

21. Miscellaneous

21.1 If one of the preceding provisions is invalid in whole or in part, this shall not affect the validity of the remaining provisions or parts. The invalid provision shall be replaced by one that comes closest to what the original provision was intended to regulate.

21.2 Any subsidiary agreements or additions to the contract must be made in writing.