Producto
(05.2025)
(1) These General Terms and Conditions (GTC) apply to all contractual relationships between clockin GmbH, Rektoratsweg 36, 48159 Münster (hereinafter "clockin") and its customers.
(2) These GTC only apply if the contract partner is an entrepreneur (Section 14 (1) of the German Civil Code), a legal entity under public law or a special fund under public law. clockin does not conclude contracts with consumers as defined by Section 13 of the German Civil Code. The customer declares with his order that he is not a consumer.
(3) The GTC of clockin apply exclusively. Deviating, conflicting or supplementary terms and conditions of the customer only become part of the contract if and to the extent that we have expressly agreed to their validity. This requirement of consent applies in any case, for example even if clockin performs the services without reservation in knowledge of the conditions.
(4) The contracts with the customer are concluded exclusively in the German or English language. The German-language version of these GTC shall be authoritative. The English-language version is merely a translation of the German-language version of the GTC, which serves to inform the customer. Legal terms shall always have the meaning of the corresponding German term.
(5) These GTC shall apply to customers who are entrepreneurs for all future contractual relationships with the customer, even if these GTC are not expressly included again at a later date.
(6) Individual agreements made with the customer in individual cases (including ancillary agreements, supplements and amendments) shall in any case take precedence over these GTC. Subject to proof to the contrary, a written contract or our written confirmation shall be authoritative for the content of such agreements.
(7) Legally relevant declarations and notifications by the customer with regard to the contract (e.g. setting of deadlines, notification of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (e.g. letter, e-mail, fax). Statutory formal requirements and further evidence, in particular in the event of doubts about the legitimacy of the person making the declaration, shall remain unaffected.
(8) References to the validity of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTC.
(1) The agreed scope of services is determined by the service description valid at the time of conclusion of the contract.
(2) clockin is entitled to use third parties as subcontractors to provide the agreed services.
(3) clockin reserves the right to subsequently change or deviate from contractually agreed services if there is a technical, legal and/or economic necessity to do so. The change or deviation must be reasonable for the customer, taking into account the interests of clockin.
(1) The presentation of services on the clockin website does not constitute a legally binding offer to conclude a contract, but rather a non-binding invitation for the customer to submit a legally binding offer. Customers can submit this offer by selecting the desired services and completing the order process or, alternatively, by making an offer in text form.
(2) clockin will confirm receipt of the offer immediately by e-mail. This confirmation of receipt does not constitute acceptance of the offer.
clockin may accept the offer within two days, starting from the day after the customer has submitted their offer, by means of the alternatives described below:
· clockin sends an order confirmation by e-mail. The time at which the order confirmation is received is decisive.
· clockin begins with the provision of the ordered services. The time at which the ordered services are available is decisive.
· clockin requests payment from the customer. The time at which the request for payment is received is decisive.
(3) If the customer uses a payment method, where the payment instruction is given during the ordering process or by clicking the button that concludes the ordering process, or immediately after completion of the ordering process, clockin herby declares acceptance of the offer at the time the customer gives the payment instruction. Whether this is the case and, if so, for which payment methods, can be found in the terms of payment.
(4) If several of the alternatives described above apply, the time of acceptance of the offer shall be determined by the alternative that occurs first.
(5) If clockin does not accept the offer in time, it is considered rejected. The customer is then no longer bound to the offer.
(6) Customers can check their entries at any time before placing an order and identify input errors. If necessary, the functions available in the browser or the app can be used to enlarge the display of the entries. The entries can be corrected with the help of the correction aids provided in the ordering process. The ordering process can be canceled at any time before placing an order by closing the browser or the app.
(7) The contract text is saved by clockin after the contract is concluded and is accessible to the customer via the dashboard. The contractual provisions and these GTC are sent to the customer by e-mail.
(8) The languages available for the conclusion of the contract are German and English.
(1) The term of the contract is determined by the service description applicable at the time the contract is concluded (booked package and any additional services). The contract shall be extended in each case by the term of the booked package if it is not terminated before the end of the term subject to a notice period of one month to the end of the term.
(2) A corresponding declaration at least in text form is sufficient for termination. The customer is required to use the termination option in the customer area (termination button).
(3) The right of both parties to extraordinary termination without notice for good cause at any time remains unaffected. Good cause shall be deemed to exist in particular if clockin or the customer intentionally or negligently breaches an essential obligation under the contract and the terminating party can no longer be reasonably expected to adhere to the contract.
(4) According to this, clockin is entitled in particular to extraordinary termination of the contract without notice,
- if the customer violates the provisions of Section 6 and does not cease his acts of violation within a reasonable period of time, if clockin has previously warned him to cease these acts of violation;
- if the customer is in default of payment of the agreed remuneration for two consecutive dates or of a not insignificant part thereof;
- if the customer is in default of payment of the package price in a period extending over more than two dates in an amount equal to the package price for two months.
(5) If a trial period has been agreed, the customer may test the booked package for the agreed period and to the agreed extent without obligation and free of charge. The trial period ends automatically without the need for termination.
(1) The amount of remuneration is determined by the respective offer of clockin.
(2) Unless otherwise agreed, the agreed remuneration shall be due immediately upon conclusion of the contract.
(3) Costs according to expenditure are settled with the respective invoice for the past month and are due after invoicing.
(4) The details of the payment process depend on the payment method selected by the customer and the payment service provider used. The customer will be informed about the payment service provider used and its contractual terms and conditions during the ordering process or later when selecting the desired payment method.
(5) The customer is obliged to provide and keep up-to-date a valid means of payment corresponding to the selected payment method during the entire term of the contract.
(6) If the payment method “invoice” is selected, clockin reserves the right to perform a credit check.
(7) If direct debit is selected as payment method, clockin will debit the monthly amount due on the due date from the customer's account. The customer provides clockin with a corresponding direct debit authorization upon conclusion of the contract.
(8) Invoices are provided exclusively as online invoices in a common electronic format.
(9) Unless otherwise indicated, all prices are net plus the legally applicable sales tax, if applicable.
(1) The customer must protect the access data transmitted to them against access by third parties and keep it safe in accordance with the state of the art.
(2) The customer is obligated to provide their contract data correctly and completely and to inform clockin immediately of any changes.
(3) The customer will ensure that use is limited to the contractually agreed scope. Unauthorized access must be reported to clockin immediately.
(4) The customer is obliged not to store any data on the storage space provided that violates applicable law, official orders, third-party rights or agreements with third parties.
(5) The customer assures that they have the necessary rights to the data entered by them within the scope of the applications provided by clockin. clockin accepts no liability in this regard. The customer indemnifies clockin upon first request from all costs incurred as a result of a violation of rights by data entered by the customer. This also includes the costs of legal prosecution. In particular, the customer undertakes to collect and process the data entered by them in compliance with data protection regulations, i.e. in accordance with the BDSG (German Federal Data Protection Act) and the GDPR, and warrants that they are authorized to transfer the data to clockin.
(6) The customer will check the data for viruses or other harmful components before storing or using it in clockin’s applications and will use state of the art measures (e.g. virus protection programs) for this purpose.
(7) clockin offers the customer functions for automatic and manual data backups. However, the customer is responsible for the sufficient backup of the data stored at clockin and must create his own backup copies, which allow an independent recovery of the data.
(1) clockin offers its customers an app or browser application/web platform for time tracking, work documentation and other processes (hereinafter referred to as "app"). The access software and the required storage space are provided via the Internet.
(2) The subject matter of the service is the granting of the use of the app in the company or in the customer's organization via the Internet, limited to the duration of the contract, as well as the provision of storage space on clockin’s servers.
(3) clockin grants the customer the use of the respective current version of the app for the agreed number of authorized users via the Internet.
(4) clockin guarantees the functionality and availability of the app for the term of the contractual relationship and will maintain it in a condition suitable for contractual use. The functional scope of the app as well as the conditions of use are set out the service description.
(5) clockin may update and further develop the app at any time and, in particular, adapt it due to a changed legal situation, technical developments, or to improve IT security. In doing so, clockin will appropriately consider the legitimate interests of the customer. However, clockin is not obliged to further develop the app. clockin will regularly perform maintenance on the applications and inform the customer of this in a timely manner.
(6) clockin is not obliged to adapt the app to the individual needs or IT environment of the customer, unless the parties have agreed otherwise.
(7) clockin will take measures to protect the data (backups). However, clockin does not have any custodial or safekeeping obligations regarding the data. The customer is responsible for a sufficient backup of the data.
(8) The customer remains the owner of the data stored on clockin's servers and may request their return at any time.
(9) The app is not physically transferred to the customer.
(10) The Customer shall receive the simple, i.e. non-sublicensable and non-transferable right of use, limited in time to the duration of the contract, to use the App in accordance with the following provisions for the respective current version of the App for the contractually defined number of users and the agreed scope of functions.
(11) The customer may only use the app within the scope of its own business activities by its own personnel. Use by subcontractors of the customer is permitted, provided they are licensed accordingly. However, the customer is not permitted to use the app in any other way.
(1) clockin sets up a support service for customers for inquiries regarding the functions of the app. Inquiries can be submitted via the support center set up on the clockin website. Inquiries will be processed in the chronological order in which they are received.
(2) clockin guarantees a total availability of the software of at least 99% per month at the point of delivery. The point pf delivery is the router exit of the provider's data center.
(3) Availability is defined as the customer's ability to use all main functions of the app. Maintenance times as well as times of malfunction in compliance with the repair time are considered times of availability of the app. Times of insignificant malfunctions are not taken into account when calculating availability. For the proof of availability, the measuring instruments of the provider in the data center are decisive.
(4) The customer must report malfunctions immediately. Malfunction reporting and rectification is guaranteed Monday to Friday (excluding national holidays) between 10:00 a.m. and 4:00 p.m. (service hours).
(1) Consulting services and trainings provided by clockin are services pursuant to Sections 611 ff. of the BGB (German Civil Code). However, the achievement of a specific economic success is not owed.
(2) clockin conducts trainings at the times specified in the offer in the agreed manner (e.g. on-site or via video conference). The number of participants is limited and is also defined in the offer.
(3) When providing consulting services, clockin is generally free to determine the time and place - unless expressly agreed otherwise. However, clockin will consider the customer's business needs and will be available when the customer's business requires it.
(4) Unless expressly agreed otherwise, the customer is not entitled to record consulting services or trainings.
(1) As soon as clockin has confirmed the customer's order for a service on a specific date (e.g. for on-site training and consulting), this date will be reserved for the customer.
(2) In the event of cancellation or non-attendance by the customer, clockin's claim to remuneration remains unaffected, without clockin being obliged to provide subsequent performance. However, clockin must consider the value of what clockin saves as a result of the non-performance or acquires through other use of its services or maliciously refrains from acquiring.
(3) In these cases, clockin may calculate the amount of remuneration in consideration of the following list according to the proximity of the time of cancellation to the contractually agreed date as follows in relation to the agreed remuneration:
· Cancellations are possible free of charge up to five business days before the start of the service.
· In the event of cancellation by 12:00 noon on the business day preceding the start of the service, 50% of the agreed remuneration shall be due.
· In case of later cancellation or no-attendance, the entire payment will be due.
(4) Travel and accommodation costs must be reimbursed by the customer in the event of a late cancellation, insofar as they have actually been incurred.
(5) The customer is entitled to prove that clockin has saved a higher amount as a result of the omission of the service or has acquired or maliciously refrained from acquiring it through other use of its services.
(1) If the customer discovers defects in the applications, the customer must notify clockin immediately.
(2) The customer shall not be entitled to claim a reduction by deducting the amount of the reduction from the current remuneration on their own initiative. The customer's claim under the law of unjust enrichment to reclaim the portion of the remuneration paid in excess due to a justified reduction remains unaffected by this.
(1) Within the scope of the services offered by clockin, the customer has the option of using AI tools to support and automate certain processes. AI-based functions include chatbots, text recognition, and analysis tools.
(2) The customer is obliged to check the results of the AI services and to decide on their own responsibility whether and in what form these will be integrated into their own business processes. The use of AI services is at the customer's own risk, in particular with regard to automated decisions and recommendations for action.
(3) clockin has the right to change, further develop, or discontinue the AI tools at any time. clockin will inform customers in good time of any significant changes that could significantly impair the use of the services.
(1) Unless otherwise stated in these GTC, clockin is liable for any breach of contractual and non-contractual obligations according to the statutory regulations.
(2) clockin is liable for damages, regardless of the legal basis, within the scope of fault liability for intent and gross negligence. In the case of simple negligence, clockin is liable, subject to statutory liability restrictions (e.g. diligence in own affairs, insignificant breach of duty etc.), only for
a) for damages resulting from injury to life, body or health and
b) for damages resulting from the breach of an essential contractual obligation (an obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner regularly relies on and may rely). In this case, however, clockin's liability is limited to compensation for foreseeable, typically occurring damages.
(3) The limitations of liability resulting from paragraph subsection 2 also apply to breaches of duty by or in favor of persons whose fault clockin is responsible for according to legal regulations. They do not apply if clockin has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods and for claims of the customer according to the Product Liability Act.
(4) Due to a breach of duty that does not consist of a defect, the customer may only withdraw from or terminate the contract if clockin is responsible for the breach of duty. A free right of termination by the customer (in particular according to Sections 650, 648 BGB (German Civil Code)) is excluded. In all other respects, the statutory requirements and legal consequences apply.
(1) The parties agree to maintain confidentiality regarding confidential information.
(2) This obligation does not apply to confidential information,
a) which was demonstrably already known to the recipient at the time the contract was concluded or subsequently become known to it from a third party, without this violating a confidentiality agreement, statutory provisions or official orders;
b) which is public knowledge at the time of the conclusion of the contract or made public thereafter, provided this is not based on a breach of this contract;
c) which must be disclosed due to legal obligations or by order of a court or authority. To the extent permissible and possible, the recipient obliged to disclose shall inform the other party in advance and give it the opportunity to object to the disclosure.
(3) The parties shall only grant access to Confidential Information to advisors who are subject to professional secrecy or who have previously been subject to obligations corresponding to the confidentiality obligations of this agreement. Furthermore, the Parties shall disclose the Confidential Information only to those employees who need to know it for the performance of this agreement and shall also oblige such employees to maintain confidentiality to the extent permitted by employment law for the period after their departure.
(1) clockin is entitled to process data generated in connection with the use of the services offered by clockin in anonymized form for its own purposes. The data will be processed for the purpose of compiling statistics on industry averages, working hours, and similar evaluations, as well as for the publication of anonymous market analyses without reference to individual customers.
(2) The customer may object to the processing of anonymized data generated in connection with their use of the services offered by clockin at any time. An objection shall not affect the fulfillment of the contract or the use of the services offered by clockin. The customer may submit their objection in writing or by email to the contact details provided in the legal notice.
clockin is entitled to name the customer as a reference customer on its website and in other media for marketing purposes. This includes, in particular, the name, industry and logo of the customer. The customer grants clockin the necessary rights for this purpose. The customer may object to being named as a reference customer at any time.
(1) clockin is entitled to amend these GTC, as far as this is necessary to eliminate subsequent equivalence disruptions or to adapt to the current state of the art, changed legal framework conditions or relevant case law and is reasonable for the customer.
(2) clockin will send the customer the amended GTC in text form and specifically point out the new regulations. At the same time, clockin will grant the customer a reasonable period of time to declare whether they accept the amended GTC for further use of the services. If no declaration is made within this period, the amended terms and conditions are deemed to be agreed upon. clockin will explicitly point out this legal consequence to the customer at the beginning of the period.
(3) clockin is entitled to adjust the prices agreed with the customer at its reasonable discretion to the development of costs that are decisive for the price calculation. According to the upward or downward cost development, clockin will reduce or increase the prices accordingly. For example, costs for operation and maintenance of the IT infrastructure, personnel costs, sales and marketing costs as well as financing costs, taxes and other duties are relevant for the price calculation. clockin will consider a price increase, for example, if the cost development leads to an increase in the total costs for the provision of the agreed services. clockin will inform customers of planned price adjustments in a timely manner. Price adjustments will become effective for the next billing period at the earliest. The customer's ordinary right of termination remains unaffected.
(1) Should individual provisions of this contract be invalid, this shall not affect the validity of the remaining provisions. The parties shall endeavor to find a provision to replace the invalid provision that most closely approximates the legal and economic intent of the contract.
(2) Offsetting is only permitted against undisputed or legally established claims of the provider.
(3) The parties may transfer this contract and rights and obligations hereunder to a third party only with the prior written consent of the other party.
(4) If the customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Section 1 (1) BGB (German Commercial Code)) or is a legal entity or special fund organized under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between clockin and the customer is the registered office of clockin. The same applies if the customer is an entrepreneur within the meaning of Section 14 BGB (German Civil Code).
(5) However, clockin is also entitled in all cases to bring an action at the place of performance of the service according to these GTC or a prior individual agreement or at the general place of jurisdiction of the customer. Superior statutory provisions, in particular regarding exclusive jurisdiction, remain unaffected by this.
(6) The law of the Federal Republic of Germany shall apply.
