General Terms and Conditions

Seibert Solutions GmbH – Terms and Conditions for Licenses from the Atlassian Ecosystem

§ 1 Application of the Terms and Conditions

1. Unless otherwise agreed and if you are a business (Section 14 BGB [Bürgerliches Gesetzbuch – German Civil Code]), a legal entity under public law or a special fund under public law, these Terms and Conditions apply exclusively to the procurement of software licenses.
2. Our Terms and Conditions apply exclusively and without exception. Any deviating, conflicting or supplementary Terms and Conditions will only be accepted and become part of the contract insofar as we have expressly agreed to their validity. This requirement of consent applies in any case, for example even if you refer to your Terms and Conditions in the context of the order and we do not explicitly reject them.
3. In case of doubt, individual agreements and information in our order confirmation prevail  over these Terms and Conditions.
4. We reserve the right to modify these Terms and Conditions.

§ 2 Contract closure

1. Our offer is valid until the specified date.
2. You can accept the offer in the most convenient way for you. If a confirmation by e-mail is sufficient for your processes, simply send a short message with reference to the quote number to the e-mail address order@seibert.group. Of course you can also use the order form attached to the offer and send it completed to the above e-mail address. You can also send orders form your inventory management system to the above e-mail address.
3. For deliveries and services of different types (e.g. software operation and hosting, consulting and training) you will receive separate offers form us. These are not part of this offer.

§ 3 Rights of use and ownership

1. The scope of this offer is the procurement of the software from the Atlassian ecosystem for the term of the quote. The granting of the rights required for the contractual use thereof shall be made by the respective Vendor with clause 3.
2. Please note that a license agreement or cloud contract is concluded directly between you and the vendor with regard to the products provided in accordance with this offer and that we only act as licensor or cloud service provider for our own software products. With regard to the license agreements or cloud contracts that you enter into directly with the respective vendor, these contracts prevail.
3. The software products, rights of use to the software products and the required space for data (cloud) are provided exclusively via the respective vendor, and Seibert Solutions acts neither as a licensor nor as a provider of the cloud services. The respective vendor is exclusively responsible for the content of the license and usage conditions. The terms of use of the vendor Atlassian in their current version can be viewed online at https://www.atlassian.com/de/legal/atlassian-customer-agreement.
4. Unless otherwise specifically agreed in our offer, contract or the license terms of the respective vendor, you are neither directly nor indirectly permitted to copy, modify, adapt, create a derivative work of, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract the source code of the software in whole or in part. Your rights according to Section 69d UrhG (Urheberrechtsgesetz – German copyright law) remain unaffected.
5. If you infringes any of the above provisions, all rights of use provided under this agreement become immediately invalid. In this case, you have to stop the use of the software immediately and completely.
6. All intellectual property rights to the software remain with the respective vendor.

§ 4 Billing and Terms of payment

1. The costs for licenses are charged in U.S. dollars and are converted and offered in Euro on a daily basis as a part of the quote. Our invoicing is based on this value. Should there be a change in the exchange rate fluctuations in the period between the date of the offer and the date of your order, which is more than 6 %, the daily updated Euro-value of our invoicing will be used. All prices are exclusive of the applicable  value added tax. If your company is not located in Germany, no sales tax will be included and you will be liable for any applicable taxes that must be paid.
2. After purchasing the licenses or accepting services rendered, you will receive an invoice according to German tax regulations. All payments shall be payable within 14 days.

§ 5 Warranty and support

1. Your warranty rights with regard to defects of the software, availability of the cloud or other warranty rights exist exclusively against the respective vendor in accordance specified under section 3 (1). Seibert Solutions as a Reseller is not responsible for the liability for defects of software front the vendor Atlassian or from third parties.
2. With regard to availability, the Service Level Agreement of the respective vendor applies. For the vendor Atlassian, this can be viewed at: https://www.atlassian.com/legal/sla.
3. The support services of the vendor Atlassian can be viewed at: https://confluence.atlassian.com/support/atlassian-support-offerings-193299636.html.

§ 6 Liability

1. We are liable without limitation for intent and gross negligence. .
2. For minor negligence, we are liable – except in the case of injury to life, body, or health – only insofar as essential contractual responsibilities (cardinal responsibilities) are violated. The liability is limited to the contract-typical and foreseeable damage, however, at maximum up to the amount of the net license fee of all licenses purchased through Seibert Solutions related to a period of the last 12 months before the claim arises.
3. Liability for indirect and unforeseeable damages, loss of production and use, loss of profit, loss of savings and financial losses due to claims by third parties, is excluded in the case of minor negligence – except in the case of injury to life, limb or health.
4. Any further liability than provided for in this Agreement is excluded – regardless of the legal nature of the enforced claim. However, the above limitations or exclusions of liability shall not apply to strict liability prescribed by law (e.g. under the Produkthaftungsgesetz – German Product Liability Act) or liability under a strict warranty.
5. Insofar as liability is excluded or limited according to Section 6 (2) and (3), this also applies to the personal liability of our employees, representatives, organs and assistants.

§ 7 Applicable law and place of jurisdiction

1. These Terms and Conditions and the contractual relationship between you and us are governed by the law of the Federal Republic of Germany to the exclusion of international common law, especially the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The place of jurisdiction for all disputes between you and us arising from or in connection with these terms and conditions or a contract between you and us or concerning their validity is Wiesbaden, Germany.

Seibert Solutions Austria GmbH – Terms and Conditions for Licenses from the Atlassian Ecosystem

§ 1 Application of the Terms and Conditions

1. Unless otherwise agreed and if you are a business (Section 1 UGB [Unternehmensgesetzbuch – Austrian Business Code]), a legal entity under public law or a special fund under public law, these Terms and Conditions apply exclusively to the procurement of software licenses. 
2. Our Terms and Conditions apply exclusively and without exception. Any deviating, conflicting or supplementary Terms and Conditions will only be accepted and become part of the contract insofar as we have expressly agreed to their validity. This requirement of consent applies in any case, for example even if you refer to your Terms and Conditions in the context of the order and we do not explicitly reject them. 
3. In case of doubt, individual agreements and information in our order confirmation prevail  over these Terms and Conditions.
4. We reserve the right to modify these Terms and Conditions.

§ 2 Contract closure

1. Our offer is valid until the specified date.
2. You can accept the offer in the most convenient way for you. If a confirmation by e-mail is sufficient for your processes, simply send a short message with reference to the quote number to the e-mail address order@seibert.group. Of course you can also use the order form attached to the offer and send it completed to the above e-mail address. You can also send orders form your inventory management system to the above e-mail address.    
3. For deliveries and services of different types (e.g. software operation and hosting, consulting and training) you will receive separate offers form us. These are not part of this offer.  

§ 3 Rights of use and ownership

1. The scope of this offer is the procurement of the software from the Atlassian ecosystem for the term of the quote. The granting of the rights required for the contractual use thereof shall be made by the respective Vendor with clause 3. 
2. Please note that a license agreement or cloud contract is concluded directly between you and the vendor with regard to the products provided in accordance with this offer and that we only act as licensor or cloud service provider for our own software products. With regard to the license agreements or cloud contracts that you enter into directly with the respective vendor, these contracts prevail.  
3. The software products, rights of use to the software products and the required space for data (cloud) are provided exclusively via the respective vendor, and Seibert Solutions acts neither as a licensor nor as a provider of the cloud services. The respective vendor is exclusively responsible for the content of the license and usage conditions. The terms of use of the vendor Atlassian in their current version can be viewed online at https://www.atlassian.com/legal/atlassian-customer-agreement. 
4. Unless otherwise specifically agreed in our offer, contract or the license terms of the respective vendor, you are neither directly nor indirectly permitted to copy, modify, adapt, create a derivative work of, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract the source code of the software in whole or in part. Your rights according to Section 16 UrhG (Urheberrechtsgesetz – Austrian copyright law) remain unaffected. 
5. If you infringes any of the above provisions, all rights of use provided under this agreement become immediately invalid. In this case, you have to stop the use of the software immediately and completely. 
6. All intellectual property rights to the software remain with the respective vendor.

§ 4 Billing and Terms of payment

1. The costs for licenses are charged in U.S. dollars and are converted and offered in Euro on a daily basis as a part of the quote. Our invoicing is based on this value. Should there be a change in the exchange rate fluctuations in the period between the date of the offer and the date of your order, which is more than 6 %, the daily updated Euro-value of our invoicing will be used. All prices are exclusive of the applicable  value added tax. 
2. After purchasing the licenses or accepting services rendered, you will receive an invoice according to Austrian tax regulations. All payments shall be payable within 14 days.

§ 5 Warranty and support

1. Your warranty rights with regard to defects of the software, availability of the cloud or other warranty rights exist exclusively against the respective vendor in accordance specified under section 3 (1). Seibert Solutions as a Reseller is not responsible for the liability for defects of software front the vendor Atlassian or from third parties.
2. With regard to availability, the Service Level Agreement of the respective vendor applies. For the vendor Atlassian, this can be viewed at: https://www.atlassian.com/legal/sla.
3. The support services of the vendor Atlassian can be viewed at: https://confluence.atlassian.com/support/atlassian-support-offerings-193299636.html.

§ 6 Liability

1. We are liable without limitation for intent and gross negligence. .
2. For minor negligence, we are liable – except in the case of injury to life, body, or health – only insofar as essential contractual responsibilities (cardinal responsibilities) are violated. The liability is limited to the contract-typical and foreseeable damage, however, at maximum up to the amount of the net license fee of all licenses purchased through Seibert Solutions related to a period of the last 12 months before the claim arises. 
3. Liability for indirect and unforeseeable damages, loss of production and use, loss of profit, loss of savings and financial losses due to claims by third parties, is excluded in the case of minor negligence – except in the case of injury to life, limb or health.
4. Any further liability than provided for in this Agreement is excluded – regardless of the legal nature of the enforced claim. However, the above limitations or exclusions of liability shall not apply to strict liability prescribed by law (e.g. under the Produkthaftungsgesetz – German Product Liability Act) or liability under a strict warranty.
5. Insofar as liability is excluded or limited according to Section 6 (2) and (3), this also applies to the personal liability of our employees, representatives, organs and assistants.

§ 7 Applicable law and place of jurisdiction

1. These Terms and Conditions and the contractual relationship between you and us are governed by the material law of the Republic of Austria to the exclusion of private international law and to the exclusion of international common law, especially the UN Convention on Contracts for the International Sale of Goods (CISG). 
2. The place of jurisdiction for all disputes between you and us arising from or in connection with these terms and conditions or a contract between you and us or concerning their validity is Graz, Austria.

General Terms and Conditions for the purchase of event tickets from Seibert Group GmbH and its affiliated companies

§ 1 Scope of application, contractual relationship

1. These terms and conditions (hereinafter “GTC”) apply to events for which Seibert Group GmbH, Luisenstraße 37-39, 65185 Wiesbaden, Germany, registered in the commercial register of the Wiesbaden Local Court under HRB 11502, and/or its affiliated companies (hereinafter “we” or “Seibert”), is the organizer.
   They govern the relationship between Seibert and the ticket purchasers (hereinafter “you” or “customer”). The GTC form part of the contract for the purchase of event tickets (hereinafter “tickets”).
   In addition and with priority, the special terms and conditions of each event shall apply (cancellation, transferability), which are regulated in the description of the event. In the event that the customer uses their own general terms and conditions, these shall not become part of the contract unless we have agreed to them in writing in individual cases.
2. When purchasing tickets online, the customer confirms by ticking the box next to the text “I have read the GTC and accept that I have read these GTC”. It is not possible to conclude a contract without accepting these GTC.
3. The General Terms and Conditions (including house rules) of the respective owner also apply on the respective event site. Reference is made to these.
4. The online events are held via the pretix platform. In this regard, the GTC of pretix (see: https://pretix.eu/about/de/terms) and the data protection declaration there (see: https://pretix.eu/about/de/privacy) also apply.
5. Notwithstanding clause 1.4, the “Tools4AgileTeams” event will be held via the venueless platform. In this regard, the venueless GTC (see: https://venueless.org/en/) as well as the venueless privacy policy, which can be viewed at https://venueless.org/en/privacy.html, also apply.

§ 2 Conclusion of contract, ticket price and due date, no right of withdrawal

1. Tickets can be purchased on the respective internet platform, e.g. for the “Tools4AgileTeams” event at https://www.tools4agileteams.com. The respective event tickets can be selected there and placed in the virtual shopping cart. The “Continue” button must be used to enter the name, address and e-mail address, optionally the company, internal reference and service recipient of the invoice recipient as well as the person participating in each case.
2. By clicking on the button that concludes the electronic ordering process, the customer submits a binding order offer.
3. Seibert may accept the customer’s offer within five days by sending the customer a booking confirmation in text form (email), whereby the receipt of the confirmation by the customer shall be the decisive factor, or by delivering the ordered tickets to the customer or making them available for download. In this respect, receipt of the tickets by the customer is the decisive factor, or by requesting payment from the customer after the order has been placed. If several of the above alternatives exist, the contract is concluded as soon as one of the alternatives occurs. The acceptance period for the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If Seibert does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by its declaration of intent.
4. When submitting an offer via Seibert’s online order form, the text of the contract shall be stored by Seibert after conclusion of the contract and transmitted to the customer in text form (e.g. e-mail) after the order has been sent. Seibert shall not make the text of the contract accessible beyond this. If the customer has set up a user account on the booking platform before submitting their order, the order data shall be stored on Seibert’s website and can be accessed by the customer via their user account using the corresponding login data and the required password, without incurring any costs.
5. Before binding submission of the order via Seibert’s online order form, the customer can recognize possible input errors on the basis of the information displayed. If the information is not clearly legible, the customer can use the browser’s magnification function to better recognize input errors, which enlarges the display on the screen. The customer can correct the displayed entries as part of the electronic ordering process until they click on the button that completes the ordering process.
6. Order processing and contact shall generally take place by e-mail and with the help of automated order processing. The customer must ensure that the e-mail address provided by the customer for order processing is correct so that the e-mails sent by Seibert can be received at this address. In particular, if SPAM filters are used, the customer must ensure that all e-mails sent by Seibert or by third parties commissioned with order processing can be delivered.
7. The customer can choose between paying by credit card payment or bank transfer. In the case of payment by bank transfer, the ticket price must be paid in advance, stating the purpose of payment sent separately by e-mail. The tickets will only be issued to the customer after receipt of payment. If payment is made by credit card, a processing fee of EUR 0.25 plus 1.4% of the order total will be charged.
8. When purchasing tickets, the contract for attending the Seibert event is always concluded between you as the customer and Seibert as the organizer. The ticket purchase price, including statutory VAT, is due in full to Seibert as the organizer. The ticket purchase price is due for payment immediately after conclusion of the contract, unless a different payment term is specified in the order process.
9. The tickets remain the sole property of Seibert until the ticket purchase price has been paid in full and do not entitle the customer to enter the booked event until then.
10. The contract for attending Seibert events is a contract for leisure events for which customers who are consumers (Section 13 of the German Civil Code, GCC) have no right of withdrawal. Customers, regardless of whether they are entrepreneurs or consumers, may therefore not revoke their declaration of intent regarding the ordering of tickets for leisure events. Entrepreneurs (Section 14 GCC) are not entitled to the right of withdrawal by law anyway.

Validity of tickets, return of tickets, refund of ticket price in the event of cancellation or postponement of the event

1. The tickets only entitle the persons specified at the time of purchase (name, email and company) to enter the booked event. Our privacy policy applies, which can also be viewed during the purchase process and must be accepted by the customer: https://seibert.biz/privacy.
2. The tickets can be transferred from the first purchaser to a third party if the previous ticket holder – with the consent of the new purchaser – first provides us with the name, e-mail address and company of the purchaser in text form (e-mail) and informs the purchaser of the frequency of previous transfers (a maximum of twice since the first purchase). In addition, the purchaser confirms to us in text form that he/she agrees to these GTC and our privacy policy. The period before the event and how often the first purchaser can transfer the tickets is regulated in the special conditions of the respective event, which can be found on the respective event website.
   Only the purchasers of tickets registered with us, i.e. the first purchaser or, if applicable, one of the two subsequent purchasers, shall have access if the requirements of sections 3.1 and 3.2 are met. We are entitled to inspect official identification documents upon admission to the event in order to verify authorization for admission. Therefore, please carry an official identification document (identity card, passport or driving license) with you when visiting our event as proof of your access authorization.
3. A claim for the return of tickets and reimbursement of the ticket purchase price only exists in the event of the cancellation and/or postponement of events.
   In the event of postponement to an alternative date, the claim for reimbursement of the ticket purchase price must be asserted no later than 10 working days before the start of the first alternative date.Seibert shall immediately announce the cancellation or postponement of the respective event on its website, the event website and/or by e-mail to the participants. Speaker and topic announcements are non-binding and may be changed by the organizer at any time.
4. Your rights to withdraw from the contract or to claim damages due to a breach of duty for which Seibert is responsible within the scope of the statutory provisions shall remain unaffected. The assertion of claims for expenses and/or damages shall be subject to the liability rules in section 4.

§ 4 Liability

1. Seibert shall be liable without limitation for all damages to life, body and health culpably caused within the scope of the contractual relationship. The same applies to all cases of mandatory statutory liability, in particular under the Product Liability Act, as well as in the event of the assumption of a guarantee.
2. In the event of a breach of material contractual obligations (so-called cardinal obligations) that are based on only simple negligence and are not covered by Section 4.1, Seibert’s liability shall be limited to compensation for foreseeable damage typical for the contract. Seibert’s cardinal obligations include those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance you may regularly rely.
3. Otherwise, Seibert shall only be liable for grossly negligent or intentional breach of contractual obligations.
4. Insofar as Seibert’s liability is excluded or limited in accordance with the above paragraphs, this shall also apply to the liability of its legal representatives and vicarious agents.

§ 5 Obligations of the customer when attending the event

1. Dangerous objects such as pyrotechnic articles (e.g. flares, fireworks or sparklers), weapons of any kind and objects that can be used as projectiles – in particular bottles and cans – may not be brought to any event.
2. Seibert reserves the right to deny the persons concerned access to the events or to exclude them from the event if they violate the above paragraph. In all other respects, the domiciliary rights of the owner of the event venue shall apply.
3. Seibert expressly reserves the right to initiate 3G, 2G or 2G+ measures (e.g. compulsory masks, pre-tests, etc.) in the event of a corresponding development of corona infection figures or a comparable pandemic situation in order to protect all participants.
4. Seibert also reserves the right to deny the persons concerned access to the events or to exclude them from the event if any of these points are breached. In all other respects, the domiciliary rights of the owner of the event venue shall apply.

§ 6 Force majeure

If the respective event does not take place or is postponed due to circumstances for which the organizer is not responsible, such as force majeure and events of equal significance, e.g. national mourning, weather conditions, pandemic, strike, or war, the organizer shall not be held responsible for any resulting losses or damages. In this case, the purchase price will not be refunded.

§ 7 Data protection

1. The data transmitted to Seibert is stored on our servers. We use this data exclusively to fulfill contractual obligations (Art. 6 para. 1b GDPR), on the basis of your consent (Art. 6 para. 1a GDPR) or on the basis of legal requirements (Art. 6 para. 1c GDPR).
2. When conducting seminars via the venueless platform https://venueless.org/en/, we will in individual cases pass on the names and email addresses of participants to a third-party company, rami.io GmbH (see “Technical requirements”), so that they can send you the access data by email.
3. If you have also provided us with your e-mail address for advertising purposes, you can object to its use for advertising purposes at any time at marketing@seibert.group. We process personal data in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). For further details, please refer to our data protection notice at https://seibert.biz/privacy.

§ 8 Applicable law, place of jurisdiction

1. If the customer is not a consumer, German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. The place of performance and jurisdiction is Wiesbaden, provided that the customer is a commercial entity, a legal entity under public law or a special fund under public law.

§ 9 Final provisions

1. Seibert has not made any agreements or promises other than these GTC, either verbally or in writing, up to the time of conclusion of the contract.
2. Should individual provisions of this contract be or become invalid or ineffective in whole or in part, this shall not affect the validity of the other provisions. Any General Terms and Conditions that are not included or are invalid shall be replaced by statutory law (Section 306 (2) GCC). Otherwise, the parties shall replace the void or ineffective provision with an effective provision that comes as close as possible to it in economic terms, unless a supplementary interpretation of the contract takes precedence or is possible.

§ 10 Alternative dispute resolution

1. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
   This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
2. Seibert is not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Status: May 2024