Terms of service

This terms and conditions apply to using a customer account and making orders at sourceWAY.de

1. Scope
The entire business relationship between the customer and the sourceWAY GmbH is based on these terms and conditions. Different agreements are valid only in written form.

2. Object of the contract
Object of the Contract is the providing of a copy of offered software products to the customer in the form of a download, the granting of a usage right (please see the license agreements) and support for a period of at least 6 months after purchase. The support is carried out only by e-mail and does not include any change to program code. sourceWAY.de cannot provide any support for modified program code. sourceWAY.de efforts to process all support requests as soon as possible, a customer cannot claim for a fast processing. An obvious error have to be reported via the bugtracker in the customer area.

The object of the contract for hosting products is providing infrastructure as described in the offer on the homepage of sourceWAY.de. All offers remain open until the customer receives his credentials from sourceWAY.de. If a availability is guaranteed, this means the availability in the year medium. Disorders because of disruption by third parties, higher violent and prevention because of abuse are not considered.

3. Cancellation & Return
The customer abandon these rights  so that sourceWAY.de can begin performing the services before the deadline has expired.

4. Deposit and spend credit
The customer have an account at sourceWAY.de, where he can deposit money with different payment methods. This money can be spent either for the purchase of products or for services which are provided by sourceWAY.de. If the credit account has a negative balance, the customer is obliged to immediately make a deposit to compensate the negative amount. Otherways, he is in arrears after 14 days. A withdraw of the remaining balance is only possible in case of termination of the account.

5. Shipping
After purchasing a software products product, the customer can immediately download it in the password-protected customer area. New customer accounts are checked by sourceWAY.de before the first download, so there can be delays. sourceWAY.de assume that the customer downloads the product in a timely manner - sourceWAY.de maybe will not keep the product file as long as the customer wish to download it. In general this is not the case.

Hosting products will be provisioned normally automatically. The customer can manage the product after a few minutes in the client area, the customer is informed by email as soon as the product is ready. If the product is not provisioned automatically, the support will provision it manually. In this case, the customer gets credited the lost time.

6. Additional conditions for services
If the customer wants to buy services which are provided by sourceWAY.de, he have to pay for them in advance. The customer has a right of cancellation until sourceWAY.de started with the requested job. Thereafter, a hourly rate of 80 € net have to been paid for already done work to cancel the order.

7. Terms of use
For the usage of the product applies the terms of service valid at the time of purchase. All rights of the customers are only been granted if the payment is complete. If there are any problem with the payment, the rights will be taken away until the payment is clearified. The rights are granted to the person who is registered for the account at sourceWAY.de.

For software products, there are also license terms which you have to accept. It is possible to transfer a license within the web interface in real-time. At any breach of the terms of use sourceWAY.de may take away the rights to use and / or demand for a penalty in the amount of up to 500 €. In this case, the customer has no right to get back the purchase price.

For hosting products, the customer is not allowed to send mass emails, upload copyrighted material to the infrastructure of sourceWAY.de, having public proxy services (Tor etc.) and hosting illegal material.

8. Ownership
For software products, the ownership of the delivered software copy belongs to sourceWAY.de until the payment processed finally. The software, the ideas and the copyrights remain to sourceWAY.de. The license may not be sold / transferred by the customer if he has a negativ balance at sourceWAY.de and there is no other agreement.

For hosting products, the ownership of the infrastructure and IP addresses belongs to sourceWAY.de at all. The customer gets an easement as long as the contract is active.

9. Liability
We exclude all liability for income, profits or data loss or damage arising from the use of our products. The risk of using the products is up to the customer. Liability claims cannot exceed the purchase price or the monthly price of a hosting product in any case.

10. Shortcomings
If the customer finds any shortcomings, these have to be reported immediately in writing a detailed description via e-mail or via the bugtracker in the customer area. The deadline for this is 6 months after the date of purchase. If during this period no shortage is reported, it is treated as accepted. Disputes in transactions with private customers can be settled via an online platform of the EU: Online Dispute Resolution - European Commission.

11. Customer account
The customer is obliged to provide right information about himself and his addrress. Otherwise, it is possible to terminate the account and any software licenses without any notice and without granting back the purchase price. It is sourceWAY.de allowed at any times to lock or delete customer accounts without any licenses associated with it. sourceWAY.de is allow to lock user accounts for security reasons, this lock have to been picked up promptly and free when all doubts were dispelled by the customer. Within the account registration, the customer accepts to receive newsletter of sourceWAY.de within irregular periods. The customer can revoke his consent in his account settings.

12. Jutisdiction
The jurisdiction is Aachen (Germany), this contract is based only on German law.

13. Severability

If any provision of this agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any applicable enactment or rule of law, such illegality, invalidity or unenforceability shall not affect the remainder of this agreement, and the parties shall in good faith attempt to substitute a legal, valid and enforceable provision which achieves to the nearest extent possible the same effect as would have been achieved by the illegal, invalid or unenforceable provision.

Last modification: 2016-08-15

Old versions:
  • Terms of 2016-01-09
  • Terms of 2015-01-30

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