These Terms and Conditions govern the relationship between the company workcentrix GmbH (hereinafter referred to as the "Operator") and the account creator (hereinafter referred to as the "Customer") of the online service on http://localhost:8080 (hereinafter also referred to as "filehub" or "Portal"). The offering is directed exclusively at entrepreneurs as defined by § 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law. No contract is concluded with consumers as defined by § 13 BGB. If we have been misled into believing that the contracting party is a consumer, filehub reserves the right to terminate the contract without notice for cause.
Differing, opposing, or supplementary terms and conditions of the Customer do not become part of the contract, even if acknowledged, unless their validity is expressly agreed upon. These Terms and Conditions also apply if filehub provides services unconditionally in the knowledge of opposing, differing, or supplementary terms and conditions of the Customer.
The Operator is entitled to make changes to the service description or the Terms and Conditions and other provisions. The Operator will only make these changes for good reasons, particularly due to new technical developments, changes in case law, or other equivalent reasons. If individual provisions place the Customer at a disadvantage as a result of such changes, the Operator grants the Customer an extraordinary right to terminate the contract without notice. If the change significantly disrupts the contractual balance between the parties, the change will not be made. Changes to the Terms and Conditions will be displayed to the Customer upon logging in to filehub, and the Customer will confirm their agreement to the applicability of the amended Terms and Conditions at this point.
Subject of the Contract
filehub provides PaaS (Platform-as-a-Service) services to its customers via the Internet.
The platform operates with or uses application programming interfaces (APIs) and other services operated or provided by third parties. You may use applications, software, interfaces, products, services, or websites from third parties, as well as third-party connectors, that interact with the platform (collectively referred to as "Third-Party Services").
Conclusion of the Contract
After registering on http://localhost:8080, the customer receives a personal account consisting of a username and password, which the customer creates during registration. These access credentials must not be shared. The customer is solely responsible for their safe storage.
The customer can also register users for filehub, who can use filehub in accordance with the rights granted by the customer. These Terms and Conditions govern the relationship between the operator and the customer. In relation to the customer’s employees or other persons designated by the customer (collectively referred to as "users"), filehub acts solely as the customer’s vicarious agent.
By registering on filehub.one and using the associated services, both the customer and users agree to the validity of the Terms and Conditions.
The customer must provide truthful and complete information during online registration. Any changes to this information must be made promptly by the customer in the customer area. The customer has no right to demand corrections to invoices that were incorrectly issued due to failure to update the data. In the event of obviously fictitious information, the operator reserves the right to delete the account.
The contract for the use of services offered by filehub is concluded when a representative authorized by filehub accepts the order placed by the customer. Acceptance is confirmed in writing or implied by the first action of performance. filehub reserves the right to refuse the conclusion of a contract without providing reasons. If filehub uses third parties to fulfill the agreed services, these third parties do not become contractual partners of the customer.
Obligations of the Contracting Parties
Subject to the conditions of this agreement, and unless otherwise permitted in the documentation, you may access and use the services via filehub during the subscription period exclusively for your internal purposes and in accordance with the limitations specified on the platform, not for the benefit of third parties.
Your third-party providers or contractors may only access and use the services for the purpose of providing their services to you.
By using the platform, you agree to be responsible for complying with this agreement, adhering to all applicable laws related to your use under this agreement, particularly data protection laws, and making every reasonable effort to prevent unauthorized access to or use of the services. You must also promptly notify filehub in the event of such unauthorized access or use. You confirm that you are solely responsible for the accuracy, quality, and legality of all customer data and materials and for uploading customer data and creating appropriate backups of this data. Additionally, you are responsible for obtaining all legally required consents and providing any necessary data protection notices to all parties whose personal data you input into or otherwise provide to filehub.
You are solely responsible for acquiring all necessary rights to use third-party services, maintaining access to those services, and complying with all applicable terms and privacy policies of third-party services. filehub provides no guarantees or endorsements for third-party services, regardless of whether filehub recommends or prefers certain third-party services.
Since access to third-party services is subject to the control of the respective owners of those services, filehub does not guarantee that the platform is or will remain interoperable or compatible with third-party services. filehub is not responsible for performance issues with third-party services, including but not limited to the unavailability or failure of third-party services or changes and developments that may disrupt your use of the platform with these services. Between you and filehub, you alone are responsible for any data loss or other losses resulting from the use of third-party services. If third-party services become incompatible with the platform or are offered under conditions unacceptable to filehub, filehub may discontinue support for those third-party services within the platform, without you being entitled to a refund, credit, or other compensation.
The customer has no right to restore data that they have deleted themselves. Whether and when the operator restores data is at the discretion of the operator. The customer is obligated to back up their own data, possibly through regular exports. In the event of data loss, the operator is only liable for the effort necessary to restore the data if proper data backups have been performed by the customer. In cases of ordinary negligence, the operator\’s liability for data loss arises only if the operator simultaneously breached a material contractual obligation with the action leading to the data loss.
Data Protection and Security
You authorize filehub, on your behalf and based on your platform configuration, to access, process, and/or transfer customer data between the platform and third-party services during the subscription period.
The operator adheres to the provisions of the EU General Data Protection Regulation (GDPR) and other applicable data protection regulations in Germany. In order to meet these requirements, the use of the services by your users is subject to the filehub Privacy Policy, which is incorporated into this agreement by reference.
The use of filehub services by your users is also subject to the Data Processing Agreement pursuant to Art. 28 GDPR (hereinafter "DPA"), which is likewise incorporated into this agreement by reference.
The operator commits to maintaining the strictest confidentiality regarding all confidential information that becomes known in the course of preparing, executing, and fulfilling the contract, particularly business or trade secrets of the customer. The operator will neither disclose nor use this information in any other way. This obligation does not apply if the information becomes publicly known or if the customer's interest in confidentiality is no longer evident.
When engaging third parties, the operator is obligated to require them in writing to maintain confidentiality and inform them of the legal consequences of any breach, to the extent that they may become aware of confidential information in the course of their work under this agreement. The operator ensures compliance with legal requirements regarding its own employees.
The operator commits to taking appropriate measures to prevent data loss and to prevent unauthorized third-party access to customer data.
To secure all data generated during use, the operator creates multiple daily backups. These backups are stored redundantly and provide protection against system failures.
Transfer of Rights by the Customer
Insofar as data, documents, or other content are stored on http://localhost:8080, the customer transfers all rights necessary for the execution of the contract to filehub.
Fees and Billing
Subscription fees are non-cancellable and non-refundable after the purchase of services. Subscription fees and taxes are due upfront at the time of purchase, and payment is made through one of the available payment methods.
Payments can be made via direct debit, credit card, or PayPal. If paying by direct debit, the customer authorizes the provider to collect payments from an account designated by the customer. The customer is responsible for the costs of any return debit for which they are responsible, plus an additional processing fee of EUR 10.00. The customer is entitled to prove that no or lower costs were incurred.
Invoices will be made available to the customer in their user account, and the customer agrees to receive electronic invoices. The right to receive a paper invoice according to § 14 paragraph 1 sentence 5 of the German VAT Act (UStG) is excluded.
Customers who are billed VAT under the reverse charge procedure must enter their VAT ID in their customer profile; otherwise, we are entitled to charge the customer German VAT. The customer has no right to request a subsequent correction of such invoices.
Pricing and Duration
The fee for using filehub depends on the service package selected by the customer. The current subscriptions, along with their respective service scope and associated prices, can be viewed at any time on filehub. The prices listed there are exclusive of statutory VAT.
At our discretion, we may periodically offer you additional or enhanced services and features, either free of charge or for an additional fee, initially at a discounted price (the "Promotional Services") for a specified period, which will be communicated to you (the "Promotional Period"). The provision of the Promotional Services and the start of the Promotional Period are subject to your explicit acceptance. Unless otherwise specified in the terms of the Promotional Services, your subscription will be updated at the end of the Promotional Period, allowing you to continue receiving the enhanced services and features at the standard price for these services. You have the right to revert to the services provided before the Promotional Period by explicitly declining the upgrade.
Upgrades to subscriptions with more features can be made at any time and will be available to the customer immediately upon activation of the new subscription. The price difference will be calculated on a pro-rata basis for the remaining subscription period and charged separately.
Switching to smaller subscriptions is possible at any time. No credit will be given for the remaining subscription period, and the price for the newly chosen package will be applied in the next billing cycle.
Termination
The contract is concluded for the fixed term selected by the customer when placing their order. It may only be terminated before the end of the fixed term for cause. Otherwise, termination is possible until the last day of the agreed contract term, unless otherwise individually defined. If no termination occurs, the fixed term will be automatically extended by the period agreed upon at the time of contract conclusion.
filehub is entitled to terminate the contract without notice if the conditions of § 543 para. 2 no. 3 BGB (German Civil Code) are met.
Termination under § 543 para. 2 sentence 1 no. 1 BGB due to the failure to grant the contractual use of filehub.one is only permissible after the operator has been given a reasonable opportunity to remedy the defect and has failed to do so.
Both parties retain the right to terminate the contract without notice for important reasons. An important reason for the operator exists in particular if:
Insolvency proceedings are initiated against the customer’s assets or the initiation of such proceedings is rejected due to lack of assets,
The customer is in default of payment obligations under this contractual relationship amounting to at least two monthly fees, and the customer has been reminded with a grace period and under threat of termination without result,
The customer culpably violates legal regulations in the use of the service subject to the contract, infringes upon copyrights, industrial property rights, or name rights of third parties, or
The customer engages in or supports criminal, illegal, or ethically questionable activities when using the service provided.
Consequences of Contract Termination
The account, including all data, will be deleted no later than 30 days after the final billing. Termination can be initiated by the customer or the user by ending the subscription within the customer area.
Warranty / Availability
As a paying customer of the platform, we guarantee that the services will function substantially as described in the documentation during the applicable subscription period, provided they are used in accordance with the terms of this agreement.
The sole liability of filehub (and your exclusive remedy) for breaches of the aforementioned warranty is to remedy the non-compliance or provide you with a functionally equivalent replacement. If we are unable to make such a correction or provide such a replacement in a reasonable manner, which the operator will determine in its sole discretion and in good faith, we will refund all prepaid fees for the remainder of the subscription period for the non-compliant service and terminate your access to and use of the affected service for which you received a refund. Unless expressly provided otherwise, the services are provided "as is" and without any express, implied, statutory, or other warranties.
Due to technical reasons beyond the operator's control, there may be outages of the platform. In such cases, the operator guarantees to do everything within its power to restore availability as quickly as possible.
Liability
Liability for intent and gross negligence is unlimited.
In cases of simple negligence resulting in a breach of essential contractual obligations, liability is limited to foreseeable and typical contractual damages. Essential contractual obligations are those whose fulfillment is necessary for the proper execution of the contract and on whose adherence the injured party can regularly rely. The statute of limitations for claims under this paragraph is one year.
This does not apply to claims arising from injury to body, health, or life, cases of fraudulent conduct, assumption of a guarantee, liability for initial impossibility, or for claims under the Product Liability Act.
Otherwise, liability—regardless of the legal basis—is excluded.
Changes to These Terms and Conditions
filehub is entitled to change these general terms and conditions at any time with a notice period of at least 6 weeks. The customer has the right to object.
To this end, filehub will inform the customer in writing via the email address provided in their customer account about the intended changes, the amended provisions, and the existence and exercise of their right to object. This information, along with the option to object or consent, may also be provided when the customer logs into their customer area.
If the customer exercises their right to object before the end of the notice period, the previous terms and conditions will continue to apply unchanged; otherwise, the new terms and conditions will take effect at the end of the notice period.
filehub is entitled to terminate the contract concluded with the customer if the customer objects, with the agreed notice period.
Confidentiality
Each party retains all ownership rights to its confidential information. Unless expressly authorized herein, each party will treat the other party's confidential information as confidential and will not disclose it.
This does not apply to their representatives who need to know this information to fulfill this agreement and who commit in writing to treat the information confidentially under conditions that are no less restrictive than those contained in this agreement.
This also does not apply where permitted in writing by the other party. Furthermore, it does not apply to the extent required by applicable law or regulations, after the disclosing party (where legally permissible) has been given the opportunity to seek legal protection or otherwise prevent or limit the disclosure of confidential information, or to the extent that such confidential information becomes publicly available without fault on the part of the receiving party. The parties shall ensure that their representatives comply with this agreement and shall be responsible for any unauthorized use or disclosure of confidential information by these representatives.
Final Provisions
This contract contains all agreements between the parties regarding the subject matter of the contract. Any conflicting ancillary agreements and previous agreements concerning the subject matter of the contract are hereby rendered invalid.
Changes and additions to this contract must be made in writing, unless a stricter form is prescribed by law. This also applies to any waiver of the requirement for written form.
The general terms and conditions of the customer do not apply to this contract. This also applies if reference to their inclusion in later documents related to this contract is made without objection.
Should any provision of this contract be wholly or partially void, invalid, or unenforceable, or if a necessary provision is absent, the validity and enforceability of all other provisions of this contract shall not be affected.
The contract is governed solely by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. International private law does not apply insofar as it can be deviated from.
The exclusive jurisdiction for all disputes arising in connection with this agreement is the location of the operator. We are entitled to also take legal action against the customer at any of their statutory places of jurisdiction.
If individual provisions of the terms and conditions prove to be invalid, this shall not affect the validity of the remaining provisions.
These Terms and Conditions are valid from 01 October 2024.