General Terms and Conditions

This is a convenience translation. Where a German version is published, the German text prevails for interpretation.

1. Scope and contractual partner

These General Terms and Conditions (hereinafter Terms) govern use of the ClearOffert software platform (hereinafter Platform). The provider of the Platform and contractual partner of users is SysTec Analytics Ltd, 71–75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom (hereinafter Provider). Contact: support@clearoffert.com.

The Platform is aimed at property managers and comparable business clients. It is not intended for consumers. Deviating, conflicting or supplementary terms of the user do not become part of the contract unless the Provider expressly agrees to their applicability in text form.

2. Subject matter and nature of the audit service

The Provider makes the Platform available to the user as web-based software for use over the Internet (Software as a Service). The Platform supports the user in the structured preparation and comparability of third-party offers.

Audit character of the service: The Platform delivers a structured preparation of the offer data entered by the user. That preparation is an information and decision-support tool. It replaces neither a professional review of the offers in the individual case nor a review of the constructional, technical or economic suitability of the offered services.

No legal advice: The Platform does not give a legal assessment of contractual clauses and does not replace advice from a lawyer.

Not a contracting party: The Provider is not a party to contracts concluded between the user and the respective offeror. It does not provide craft, construction or comparable services.

3. User responsibility for the decision

The decision to accept an offer, engage a provider and conclude contracts with third parties is made by the user on their own responsibility. The Platform’s audit preparation is a basis for the user’s decision-making but does not replace it. Fiduciary and duty-of-care obligations of the user towards the owners or condominium associations they represent remain unaffected.

4. Contract formation and registration

Use of the Platform requires registration and creation of a user account. The contract is formed upon activation of the account or upon order confirmation by the Provider. The user must provide accurate and complete information on registration and treat access credentials as confidential.

5. Service packages, prices and payment terms

The type and scope of the service package and the remuneration follow from the applicable service description. Prices are, unless otherwise agreed, net prices plus statutory VAT. If the user is in default of payment, the Provider may charge statutory default interest and, after prior notice, restrict access until outstanding amounts are settled.

6. Platform availability

The Provider makes the Platform available with high availability on an annual average. This excludes planned maintenance periods and periods in which the Platform is unreachable for reasons for which the Provider is not responsible. Uninterrupted availability is not owed.

7. User duties and responsibility

The user is responsible for content and data entered into the Platform. The user ensures they are authorised to process the entered offers and that the content does not infringe third-party rights or statutory provisions. The user is jointly responsible for regular backup of their data using the provided export functions.

8. Data protection and processing on behalf

Where the user processes personal data of third parties via the Platform, the user is the controller for data-protection purposes. The Provider processes those data as a processor. The parties conclude a data processing agreement under Art. 28 GDPR. Details are set out in the privacy notice.

9. Rights of use

For the term of the contract the Provider grants the user a simple, non-exclusive and non-transferable right to use the Platform within the contractually agreed scope. Rights in content entered by the user remain with the user.

10. Warranty

The Provider warrants that during the contract term the Platform substantially conforms to the applicable service description. Defects are remedied within a reasonable period. There is no warranty for impairments caused by improper use or by disruptions outside the Provider’s sphere of responsibility.

11. Liability

The Provider is liable without limitation for damage arising from injury to life, body or health and for damage caused by intent or gross negligence. For damage arising from breach of material contractual duties, liability for simple negligence is limited to the typically foreseeable damage; further liability for simple negligence is excluded.

No liability for content and effectiveness of third-party offers: The Provider is not liable for the accuracy, completeness, economic efficiency, schedule or price fidelity of third-party offers entered by the user, or for later performance of the offered services. Claims under contracts with offerors lie solely against the respective offeror. Mandatory statutory liability, in particular under product liability law, remains unaffected.

12. Confidentiality

The parties treat as confidential all information of the other party that has become known to them and that is marked confidential or is recognisably confidential, and use it solely for performing the contract. This duty continues after the contract ends.

13. Term and termination

The user contract begins upon account activation and runs for the agreed term. It thereafter renews for the agreed renewal period unless terminated in due time. The right of both parties to extraordinary termination for good cause remains unaffected. Terminations require at least text form. After termination the Provider makes the user’s data available for export for a limited period; thereafter they are deleted unless a statutory retention duty applies.

14. Changes to these Terms

The Provider may change these Terms with effect for the future where there is a good reason and the user is not unreasonably disadvantaged. The Provider informs the user of the change in text form. If the user does not object within the stated reasonable period, the amended Terms are deemed accepted; the user is informed separately of this consequence.

15. Final provisions

Amendments and supplements to the contract require at least text form. The contractual relationship is governed by the law of England and Wales. The exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship is, to the extent permitted by law, London, United Kingdom. If a provision of these Terms is or becomes invalid, the validity of the remaining provisions remains unaffected.