🇩🇪 Auf Deutsch:
SuitePad GmbH (hereinafter referred to as SuitePad) offers its customers a solution for replacing informational folders in hotel rooms using tablet devices and the guests’ mobile devices. The object of the agreement is to provide the customer with the SuitePad application, its corresponding administration system, and the hardware for a rental fee. This includes all updates and version changes to the programs during the term of the agreement. SuitePad also offers its customers the possibility of providing their hotel guests access to the information and services contained in the informational folder software from their own smartphones, tablets or laptops (SuitePad BYOD). These general terms and conditions exclusively govern the provision and rental of the software and hardware. The exact scope of services including the remuneration is determined by SuitePad’s offer countersigned by the customer.
SuitePad provides the software specified on the offer pursuant to the following provisions.
(1) SuitePad will customize the software as individually agreed between the parties. By using the software the Customer accepts the customization.
(2) For the term of the agreement, the customer grants SuitePad a non-exclusive, worldwide, non-transferable usage right to all content (text, photos, graphics, etc.) which it provides to SuitePad for the purpose of customizing the software to the customer's needs. This applies to content that the customer transfers directly to SuitePad, and for content which SuitePad receives in some other manner with the consent of the customer (e.g. by downloading content from the customer’s website). SuitePad may use such content to customize the software for the customer, for example by individualizing it with the customer’s logo and brand or trademark, photos of the hotel, or informational text. SuitePad may also use this content when using the customer's customized SuitePad software as a reference in its own advertising.
(3) The customer will only provide the above-mentioned content to SuitePad for which it is authorized to grant the necessary usage rights. This shall apply in particular if it granted SuitePad consent to download the content from its website.
(1) SuitePad Software is provided with the functionality agreed upon at the conclusion of the contract and SuitePad will employ economically reasonable measures at its own discretion to continually improve the software. The no-fault compensation for initial defects pursuant to Section 356a (1) of the German Civil Code (BGB) shall be excluded.
(2) To ensure the functionality of the SuitePad software, the following technical requirements are necessary: https://www.suitepad.de/en/requirements. As the technical requirements are
important for the overall success of the implementation, SuitePad can, if SuitePad obtains knowledge that the technical requirements are not met, terminate the contract.
(3) SuitePad warrants that the contractually agreed condition of the software will be maintained during the term of the agreement and that no rights of third parties conflict with the contractual use of the software. SuitPad shall remedy any material defects and defects of title in the software within a reasonable period of time. SuitePad shall also satisfy its obligation to remedy defects by making updates provided with an automatic installation routine.
(4) The Customer is obligated to notify SuitePad of any defects in the Software immediately after their discovery. In the case of material defects, this shall be done by describing the time of occurrence of the defects and the detailed circumstances.
Subject to the payment of the rental fee pursuant to § 4 of this agreement, the Customer shall receive the non-exclusive, non-transferable and non-sublicensable usage right for the software for the term of this contract. The contractual use includes the installation as well as the loading, displaying and running of the installed software for the contractual purposes. Furthermore, the Customer shall only be entitled to reproduce, edit or decompile the Software if this is permitted by law and only if the information required for this purpose is not made available by SuitePad at the Customer’s request.