General Terms and Conditions

Below you will find the General Terms and Conditions of CBACK® Studios / CBACK® Software, represented by the owner Christian Knerr. These provisions from this legally binding contract become effective as soon as you use services from us (the owner or freelancers commissioned by us) or purchase a software license via our website. In addition to these terms and conditions, the license terms available on the product purchase page, among other places, apply when purchasing software. This contract serves to protect both our rights and your rights.

§ 1 General

  1. These General Terms and Conditions (GTC) are the basis of all contracts in written and electronic form that you conclude with CBACK® Studios / CBACK® Software, owner Christian Knerr (address: CBACK Studios, c/o COCENTER, Koppoldstraße 1, 86551 Aichach, Germany; postal address: CBACK Software, Postfach 11 35, 66579 Spiesen-Elversberg, Germany; business form sole proprietorship; hereinafter referred to as CBACK). They apply to all our services and products.
  2. The laws of the Federal Republic of Germany generally apply to CBACK. This regulation also applies if our customers are domiciled in another country.
  3. All our services are subject to change and non-binding. CBACK reserves the right to change, expand or discontinue all or part of its services at any time without prior notice.
  4. The valid contract language is German or English. The relevant language version of these terms and conditions can be accessed by selecting the language on the CBACK website (page footer).
  5. CBACK accepts no liability for the content of external websites. Regardless of whether these are linked to our own website or our support forum, or whether they use one of our software products.

§ 2 Payment

  1. The customer undertakes to pay for the services provided by CBACK as agreed before the start of the order. We will issue an invoice, which must be paid within the period stated on the invoice (usually 7 - 14 days).
  2. Depending on the size of the project, CBACK reserves the right to request an advance payment for project implementation. For new customers, we generally reserve the right to insist on an advance payment first.
  3. If an ongoing order is subsequently canceled, CBACK is entitled to charge up to 70% of the agreed price, depending on the progress of the project, in order to compensate for our previous workload.
  4. Until full payment has been made, any software or service provided by CBACK remains our property and we retain the full rights of use. In addition, we reserve the right to collect delivered goods in the event of non-payment or to revise issued software licenses.

§ 3 Support by the customer

  1. The customer informs CBACK of all his project ideas in great detail in the consultation we conduct before the start of the project, so that the implementation can be carried out completely and without misunderstandings right from the start.
  2. Image material, logo, content and color specifications are sent to us in digital form, unless such design work is also carried out by CBACK, so that we can use your content to implement a (web) order. We are also happy to license images for you on request. Any costs incurred for image/audio/media licenses will be charged separately in the final invoice.
  3. In the case of web scripts and programs, subsequent changes to basic functions may involve a great deal of extra work and require additional effort. Regardless of which project is carried out: if something changes in the previously agreed specifications, CBACK will agree a new price with you for special services or functional changes.
  4. If you have any queries, please provide us with at least one contact person who we can contact if we have any questions about implementation. The contact person must be authorized to make decisions about the work carried out for you.
  5. The customer undertakes to provide any required text material, keywords and page titles in an orderly manner. This can be done as a Word document, OpenOffice document, PDF or text file.
  6. The customer undertakes to ensure that the desired project is executable on his web space. We will be happy to advise you on technical matters in a consultation before the start of the project or check the technical possibilities of your web storage free of charge. CBACK is not liable if the customer's hoster does not meet the technical requirements for a commissioned project despite consultation.

§ 4 Our obligations

  1. CBACK undertakes to carry out the project as agreed.
  2. If you have any questions regarding the implementation of your project or status inquiries, please do not hesitate to contact us.
  3. CBACK will inform the customer regularly about the progress of the project. Either automatically or at the customer's request. When implementing the graphic design of a website or a web project, we will regularly present the interim status in order to be able to make any necessary changes to the design without additional expense.
  4. CBACK undertakes to comply with the contract agreed at the start of the project.
  5. CBACK is entitled to withdraw from the contract in whole or in part at any time if it is not possible to carry out the work as agreed due to events such as force majeure, illness, catastrophes, strikes, operational disruptions or similar. In such a case, however, we will accommodate you as far as possible in order to keep your losses as low as possible. If we cancel the order completely, you will not be charged any costs.
  6. Should the customer repeatedly violate a point listed under § 3 or behave in a grossly negligent manner, we reserve the right to subsequently terminate the project contract and to invoice any expenses incurred to date.
  7. CBACK guarantees confidentiality regarding the content of all projects and undertakes to act in accordance with the GDPR and to treat your data, orders and content as strictly confidential.

§ 5 Changes to projects

  1. Any additional feature request and any more extensive subsequent change to a project that has already been started will require CBACK to set a new price for the project or the additional feature to compensate for any additional work on our part.
  2. If a project has already been started, the customer must expect that fundamental changes to systems may no longer be possible for technical reasons. (For example, subsequent changes to authorization systems in web applications)
  3. If, for unforeseen reasons, desired functions turn out not to be technically feasible in the course of development/creation, we will contact you and set a new price for the project or offer alternative solutions.

§ 6 Additional regulations and warranty

  1. The customer's general terms and conditions or other contracts shall not become part of our contract.
  2. There is a 2-week guarantee on a completed project, so that the customer has the opportunity to contact CBACK at any time during this period so that errors can be corrected. There are no additional costs for the correction of such errors in functions that have already been implemented. Only changes to functions, new functions or requests for corrections after the warranty period shall be considered by CBACK as new services subject to a fee.
  3. Work of any kind on existing functions after the warranty period will be charged separately.
  4. As is usual in the digital goods and services sector, we are unfortunately unable to offer a statutory right of return or money-back guarantee for a product that has already been delivered or downloaded. See also the information on revocation under § 7.
  5. The 2-week guarantee expires immediately if the customer makes changes to a project or code during this time.

§ 7 Liability, right of return and right of withdrawal

  1. Project changes, extensions or project maintenance must be ordered from CBACK as additional services. For this, as with a new project, a price will be agreed with you in order to remunerate our services. In the case of continuous maintenance of a project, an hourly rate is set for the work and the working hours are invoiced. For small changes, we invoice at fair 15-minute intervals and are also happy to create a collective invoice until a certain amount is reached or the financial year expires or you request the invoice.
  2. Despite intensive testing, errors can always occur on some systems and platforms. CBACK accepts no liability whatsoever for damages (of any kind) arising from the use or application of our products, services, instructions, manuals, programs, scripts, etc.. CBACK guarantees not to act with gross negligence and to carry out all technically possible processes, to recognize problems in advance and to prevent them.
  3. Our services and software (e.g. the CBACK Forum) are delivered in electronic form and are therefore excluded from a refund for technical reasons. In the case of electronic services and goods, there is no guarantee that a delivered product has not already been copied in whole or in part.

§ 8 Protection of third-party rights and licenses

  1. The customer undertakes to ensure that the material sent to us does not infringe the licenses or rights of third parties.
  2. Liability for § 8.1 and all contents of the project lies solely with the customer.
  3. CBACK will not carry out any orders that clearly violate applicable law or morality. (For example: pages on software piracy, malware, discriminatory or extremist websites, etc.) We reserve the right to terminate a concluded project or service contract directly if such content is subsequently delivered. As stipulated in § 4.6, this is also considered grossly negligent behavior on the part of the customer. Any costs already incurred up to the point of termination must be paid by the customer.

§ 9 Project implementation

  1. After you have discussed your ideas with us, we will provide you with a cost estimate.
  2. You will not incur any costs for the initial consultation and the cost estimate (quotation).
  3. Once the cost estimate has been confirmed by the customer, a legally binding contract between the customer and CBACK becomes effective on the basis of these GTC. This is where the conception phase of the project begins.
  4. After the conception phase, CBACK can inform the customer how much time the complete implementation of the project will take.
  5. By approving the project ideas and project concepts, the Customer has the opportunity to review the project implementation by CBACK and, if necessary, to make any changes to the design or similar before the start of the main work.
  6. Design or functional changes after the initial acceptance may already be subject to the additional expenses specified in § 5.

§ 10 Rights of use

  1. The project shall remain the property of CBACK until full payment has been made
  2. After completion of the project, CBACK shall grant Customer the unlimited right to use the project.
  3. The intellectual property rights to the layout and code shall remain with CBACK.
  4. CBACK may deactivate or revise a delivered product at any time if the customer has still not paid the invoice amount or has not paid it in full even after two reminders.
  5. Any reference to the fact that the project was realized by CBACK in the site's imprint or source code may not be removed or changed without prior agreement.
  6. The other content of a website may be subsequently changed by the customer at will. This also includes scripts or other program code. In the event of changes, the warranty period shall expire. (§ 6.5)
  7. The passing on or copying of a project or product to third parties in complete, partial or modified form must be agreed with CBACK in advance. The rights of use are normally only granted to the Customer himself for a single instance. Any resale or copying of the projects or products created by us without our explicit consent is not part of the right of use transferred to the customer!
  8. In the event of non-payment of the invoice, CBACK may charge a reminder fee for reminders. The first payment reminder is free of charge.
  9. For our media services (logos, images, photos, music, sound design, videos, etc.), usage and distribution rights are discussed with the customer in advance and recorded separately in a short contract. This applies in particular to broadcast rights to on-air designs, jingles or video graphics.
  10. § Section 10.9 also applies to audio works composed and created by our partner syntaction.net.

§ 11 Data protection

  1. CBACK undertakes not to pass on your customer data, access data and any project data to third parties. Our data protection declaration also applies.
  2. When a contract is concluded, your address data and e-mail address are stored securely by CBACK so that we can contact you again if necessary. However, we will not pass on your address data to third parties at any time and will not use it for advertising purposes.
  3. An entry on a reference list on our website will only be made with the customer's consent. This consent can also be given informally (e.g. by e-mail).
  4. If you commission regular project maintenance from us, we will agree with you that we may store access data to your site or your web storage securely with us so that the desired work can be carried out directly on your premises if possible.
  5. All your data - in particular any access data - will be stored in encrypted form.
  6. You can request the deletion of all your stored data and customer master data from us at any time without giving reasons. However, please note that, for example, if you have a license for a software product that is still running, this will also expire if you delete your account data.
  7. You can request information from CBACK at any time about what data we have stored about you.
  8. CBACK only uses servers within the EU. For larger projects, we also like to use the GitHub service, which complies with the GDPR guidelines. With regard to the use of GitHub, however, we will discuss with the customer before the start of the project whether they agree to us managing and storing project data (not publicly) there.

§ 12 Legal validity

  1. Our GTC apply exclusively to all projects or services. Any general terms and conditions or contracts of the customer are hereby contradicted.
  2. When implementing projects, the specifications previously agreed with the customer also apply.
  3. In the event of legal problems or complaints of any kind, we request initial contact via e-mail. Most problems can usually be solved and resolved more quickly and cheaply in a direct exchange without legal assistance.

Further legal information

Last update of the GTC: March 2024

Terms of use for the CBACK website

These Terms of Use apply to the use of the CBACK website at cback.net and all related alternative and subdomains (e.g. cback.de, community.cback.net) including all available language versions and online services (hereinafter referred to as the "Website"). BY USING THE WEBSITE, YOU AUTOMATICALLY AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE PROHIBITED FROM USING OUR WEBSITE.

CBACK reserves the right to change, amend or otherwise modify these Terms of Use at any time. Please therefore check regularly to see which current conditions apply to your visit to the website. If you agree to the terms of use, CBACK grants you the personal and non-transferable right to use and enjoy the website and all its services. You are welcome to print this page for private archiving or export it as an environmentally friendly PDF file (printer dialogs of many operating systems offer saving as a PDF file).

Use of the website

  1. The use of the website content in compliance with these terms of use is not subject to any age restrictions
  2. The use of our contact form, user forum and the purchase of a software license are only possible from the age of 16. The EU GDPR stipulates that persons under the age of 16 may not consent to the required privacy policy.
  3. Full legal capacity is required to commission a service. Persons under the age of 18 may not enter into a business contract with us.
  4. CBACK has the right to change, remove, modify or discontinue any content on this website at any time without notice.
  5. The use of the generic masculine in texts on our website or in contractual documents in accordance with valid grammatical rules is intended to make the texts easier to read, especially for screen readers, and does not exclude any groups of people. All references to persons apply equally to all genders and do not imply any judgment.

Copyrights and trademarks

  1. CBACK® is protected by trademark law. Use of the trademark without the ® designation on our website does not revise the trademark status.
  2. It is possible that we use the trademark together with a complementary business category or product name. (e.g. CBACK Forum, CBACK Software, CBACK Studios)
  3. Trademarks, service marks and trade names of other companies that are used in connection with editorial content on the website (e.g. "Compatible with Microsoft Windows") are the property of the respective companies or the respective owners, even if these trademarks are not specifically identified.
  4. All content on this website, including text, images, videos, graphics, audio, logos and software are protected by copyright and are the property of CBACK® Christian Knerr. For content used from other sources, we have acquired a license of use or used components with free licenses. Content that was not created directly by CBACK is listed under picture credits and credits in the imprint or directly under a graphic.
  5. It is not permitted to copy, duplicate, imitate or use content from this website on other sites without the written permission of CBACK.
  6. The imitation of the corporate identity, layout and structure of this website is not permitted, in particular if the reproduction of the website is intended to mislead people into believing that another site is part of the CBACK website. (Phishing)

Prohibited actions

  1. It is not permitted to read or download content from this website using automated tools (scraping, robots, spiders).
  2. It is not permitted to monitor this website using automated tools.
  3. The overloading of our servers through the use of automatic tools or manual actions that go beyond normal use is prohibited. It is also prohibited to deliberately overload the services with a large number of requests (DDoS attacks).
  4. It is prohibited to embed individual media content or downloads from our website directly on other websites (hotlinks / embeds). Please only refer to the URL of the original source on other websites.
  5. It is not permitted to scan for security vulnerabilities on the website or on our services without the written consent of CBACK. In particular, it is not permitted to use automatic scripts or tools ("penetration tools") that put a strain on our servers and services. We do not participate in any bug bounty program.
  6. If you happen to notice an error or a security problem on our website or in our software, please report this via our contact form and do not publicly disseminate information about the problem you have found. This gives us the opportunity to rectify any problems as quickly as possible and minimize the risk for users.
  7. Access to your CBACK accounts should not be shared with third parties. CBACK accepts no liability for damage or problems caused by sharing account data. Please choose secure passwords.
  8. It is not permitted to attempt to gain access to other people's CBACK accounts.

Disclaimer

  1. CBACK accepts no liability for any kind of damage caused by the use of the website or the software, instructions, advice, etc. offered on it. Use is at your own risk.
  2. CBACK carries out extensive tests to ensure that all content is as secure as possible. No grossly negligent actions are carried out.
  3. You agree to indemnify CBACK against any claims or potential costs incurred.
  4. Before any legal action is taken, you should first contact us personally by e-mail. Most problems can usually be solved in direct dialog without any problems or costs for either party.
  5. CBACK is not liable for the content of external links or for the content of other websites that use our software products.

Feedback and feature suggestions

  1. Any submitted feedback, feature requests, suggestions etc. are not considered confidential and can be used freely by CBACK.
  2. There is no guarantee that submitted suggestions, feature requests, etc. will be implemented.
  3. There is no guarantee that unsolicited suggestions, feature requests, etc. will be implemented.

Objection to advertising

  1. We object to unsolicited advertising being sent to CBACK via the contact form or contact address.
Last update of the terms of use: March 2024

Cancellation policy / Right of withdrawal

Please note the following legal information regarding your statutory right of withdrawal and any restrictions on the right of withdrawal. For individual services, the information in our GTC § 7 (Liability, right of return and right of withdrawal) also applies.

Digital goods, software licenses and digital services

Digital goods, digital services or software licenses are all types of programs, services and media that are provided or delivered to you in digital form. It is irrelevant whether the data was provided via email, DVD, SSD or other storage or transmission medium. All types mentioned here are referred to below in simplified form as "digital content".

After delivery of digital content, for example after purchasing a software license or a support package, you completely waive your statutory right of return. Digital content cannot be exchanged. In view of the nature of digital content, it cannot be guaranteed that the content has not already been duplicated or copied in another form in whole or in part after delivery. As the risk of misuse or fraudulent use is too high for a provider of digital goods, the usual right of withdrawal does not apply.

Individual services

For individually commissioned services such as web design, web programming, music composition, sound design, graphic editing, etc., our general terms and conditions apply in full. Please note in particular §§ 6 and 7. However, you have the right to withdraw from the contract free of charge at any time before the start of a project. Once a project has been delivered, it is deemed to be digital content and the provisions of the previous paragraph come into force.
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