Terms and conditions

The clauses below are grouped as they are numbered, and the numbering is referred to inside the clauses themselves. Where a period, a figure or a choice of law is still a commercial decision, it appears as a marked placeholder rather than as an approximation.

1. Scope, and why these terms are for businesses only

These terms govern every contract for the use of Real Estate Management between Webservices Engineering GmbH (“we”, “the provider”) and the customer, in the version in force when the contract is concluded.

1.1 Provider

Company

Webservices Engineering GmbH

Address

Bergstraße 17, 82380 Peißenberg, Germany

Represented by

Andreas Philippi and Klaus Copony, managing partners (Geschäftsführende Gesellschafter)

Register court

Amtsgericht München

Commercial register number

HRB 223526

VAT identification number

DE305060668

Contact for this product

real-estate-management@webservices-engineering.de

The corporate details required under Section 5 DDG are set out in full in the legal notice, and the entries above must match it exactly.

1.2 Business customers only

The service is offered exclusively to entrepreneurs within the meaning of Section 14 BGB, to legal persons under public law and to special funds under public law. It is not offered to consumers within the meaning of Section 13 BGB.

1.3 Conflicting terms

The customer's own general terms do not apply, even where we perform without objecting to them. Deviating terms apply only where we have accepted them in text form for the individual contract in question.

1.4 Definitions

Workspace

The customer's isolated account, addressed by its Workspace ID at sign-in.

Module

An optional functional area ordered in addition to the core.

Public Cloud and Private Cloud

The two deployment forms described in Section 4.

1.5 Order of precedence

Where documents conflict, the individual order form prevails over the data processing agreement, which prevails over any service level annex, which prevails over these terms. Nothing displaces mandatory statutory law.

2. How the contract is concluded

The presentation of plans, modules and prices on this website is an invitation to treat, not a binding offer.

2.1 The customer's offer

By completing the signup form and submitting it, the customer makes a binding offer to conclude a contract for the plan and modules selected. The customer confirms at that point that they are acting as an entrepreneur.

2.2 Acknowledgement is not acceptance

An automated email confirming receipt of the signup documents the submission only. It does not conclude the contract. We may decline an offer without giving reasons.

2.3 Our acceptance

The contract is concluded when we confirm acceptance in text form or provision the workspace and release access credentials, whichever happens first. The Workspace ID issued at that point identifies the account.

2.4 Private Cloud and larger orders

Private Cloud deployments, onboarding packages and consulting are concluded on an individual order form or quotation. These terms apply in addition to it, subject to the order of precedence in Section 1.5.

2.5 Storage of the contract text

We store the contract data and these terms in the version applicable to the contract, and make them available on request. The customer is advised to retain a copy independently.

3. What the service is, and what it is not

Real Estate Management is browser-based back-office software for administering real estate portfolios. It consists of an always-included core and optional modules ordered on top of it.

3.1 Core service

Portfolio management: property groups, properties, housing units, rooms and common spaces, with areas, cadastral and land registry details, document storage, tagging and per-account user administration. The core is included in every plan.

3.2 Optional modules

Each of the modules below is ordered and charged separately, and can be added or removed with effect from the next billing period.

• Rentals and Contracts
• Utility Billing and Cost Reallocation
• Accounting and Invoicing Integration
• Investment and Business Analyses

3.3 Form of provision

The software is provided for use over the internet for the term of the contract. No copy is delivered, installed on the customer's systems or transferred to the customer. A current browser and an adequate internet connection are the customer's responsibility.

3.4 Third-party integrations

Where the software connects to external platforms such as an invoicing or accounting provider, the customer's relationship with that provider is separate. We do not owe the availability, correctness or continued existence of a third-party interface.

3.5 Scope limits

The service is not a CRM, not a listings portal, not a tenant self-service portal and not a mobile application. The facility management module is a technical asset register with service partners and price lists; it contains no ticketing system.

3.6 Further development

We develop the software continuously and may change, extend or replace functions, provided the contractually agreed purpose is preserved. Where a change materially reduces agreed functionality, Section 9.4 on notice and termination applies.

4. Provision and availability: Public Cloud and Private Cloud

The two deployment forms carry deliberately different commitments. The difference is stated here rather than buried, because it is the clause customers most often misread.

Any Private Cloud availability figure is measured per calendar month and excludes the events listed below. Planned maintenance in the Private Cloud window is announced in advance. The full description of the dedicated deployment, its resources and its service levels is on the Private Cloud page.

5. The customer's obligations

Several of the obligations below are conditions of the service functioning correctly, not formalities. Breach of them is the most common cause of a support case that is not a defect.

5.1 Credentials

The customer keeps the Workspace ID, user names and passwords confidential, protects them against access by third parties, and notifies us without undue delay of any suspected misuse. Accounts are personal and must not be shared between individuals.

5.2 User administration

The customer administers its own users and roles, grants only the access each role requires, and withdraws access promptly when a person leaves. The read-only role exists for auditors, accountants and owners who must see figures without changing them.

5.3 Lawful content

The customer is responsible for the data it records and uploads, warrants that it is entitled to process it, and will not store content that infringes third-party rights or breaches applicable law. We do not routinely inspect stored content.

5.4 Accuracy of data

Areas, meter readings, price entries, allocation keys and contract dates are entered by the customer. The software calculates from what it is given. Reviewing the plausibility of results before an invoice or ancillary cost statement is issued is the customer's obligation.

5.5 Plan limits

The customer keeps its use within the ordered plan or accepts the overage charges under Section 6.4. Attempts to circumvent limits, load-test the platform without agreement, or resell access to third parties are not permitted.

5.6 Data protection role

For data recorded in the workspace the customer is the controller and we are the processor. The customer is responsible for the lawfulness of that processing, for informing its own data subjects, and for concluding the data processing agreement with us.

5.7 Own backups

Our backups protect the operation of the service. They do not replace the customer's own data management. The customer should export its data at reasonable intervals, and must do so before the export window in Section 7.4 closes.

6. Fees and payment

All prices are net and exclusive of statutory value added tax, which is added where applicable. Amounts are in euro.

6.1 What is charged

A monthly subscription fee is charged for the ordered plan. Each ordered module is charged separately. Use above the limits of the largest published plan is charged at the published per-unit rates for properties, housing units, rooms and common spaces, and document storage. The onboarding package is a one-off charge covering account setup, on-site staff training, travel to the customer's location and the consultations included with it. Support, consulting and training after onboarding are charged at the published hourly rate. Private Cloud is charged on its own monthly fee. Subscription fees are payable monthly in advance.

6.2 Payment terms

Invoices are due 14 days from the invoice date without deduction, payable by SEPA bank transfer.

6.3 Onboarding and hourly services

The onboarding package is invoiced after the on-site training session has taken place. Hourly support, consulting and training are invoiced monthly in arrears and billed in 15-minute increments, on a best-effort basis.

6.4 Overage

Use above the ordered plan limits is measured on the highest count reached during the billing month and invoiced monthly in arrears alongside the next subscription invoice, at the per-unit rates published with the plans.

6.5 Late payment

On late payment, statutory default interest applies. We may suspend access after arrears of two unpaid monthly invoices and a written reminder with a reasonable grace period. The fee obligation continues during suspension.

6.6 Price changes

We may adjust prices with two months' notice in text form. The customer may terminate with effect from the date the change takes effect by objecting within four weeks of the notice.

6.7 Set-off

Set-off is permitted only against claims that are undisputed or established by final judgment.

7. Term, termination, export and deletion

Nothing in this section is designed to make leaving difficult. The export window exists so that a customer who terminates still owns a usable copy of their records.

7.1 Term

The Public Cloud contract runs for a minimum term of one month and renews automatically by a further month unless terminated. Private Cloud runs for 12 months and renews by a further 12 months.

7.2 Ordinary termination

Either party may terminate with 14 days' notice to the end of the current term for Public Cloud, and with three months' for Private Cloud. Notice must be given in text form via email to real-estate-management@webservices-engineering.de.

7.3 Termination for cause

The right to terminate for good cause under Section 314 BGB is unaffected. Good cause includes sustained payment arrears, serious or repeated breach of Section 5, and use of the workspace for unlawful content after warning.

7.4 Data export

The customer may export its data during the contract at any time, and after termination for a window of 30 days from the effective date. Assistance beyond the standard export functions is billed at the hourly rate.

7.5 Deletion

After the export window closes we delete the customer's data from the live systems within 30 days, and from backups as the backup generation rotates out, at the latest after 90 days. Statutory retention duties on invoices and accounting records are unaffected.

7.6 Effect of termination

Access ends on the effective date except for the export function during the window. Fees already paid for the current period are not refunded pro rata unless we terminated without cause or the customer terminated for cause attributable to us.

8. Rights of use, warranty, liability and force majeure

The liability clauses below follow the structure German courts accept in business-to-business standard terms. They are drafted to be enforceable rather than maximal, because an over-broad exclusion is simply struck out and replaced by the statutory position.

8.1 Rights of use

For the term of the contract the customer receives a non-exclusive, non-transferable right to use the software for its own business purposes and those of the portfolios it administers, within the ordered plan limits. No right is granted to sublicense, resell or provide the software to unrelated third parties.

8.2 Intellectual property

All rights in the software, its source code, its interfaces, its documentation and its branding remain with us. The customer retains all rights in its own data and content. Reverse engineering is permitted only within the limits of Sections 69d and 69e UrhG.

8.3 Feedback

Where the customer suggests improvements, we may implement them without restriction or payment. This does not affect the customer's rights in its own data, and no feedback is treated as confidential unless the customer marks it so.

8.4 Warranty

We owe the software in a condition fit for the contractually agreed use. Defects are remedied by rectification within a reasonable period. The customer reports defects in a reproducible form. Strict liability for defects existing at conclusion under Section 536a (1) BGB is excluded.

8.5 Liability

We are liable without limit for intent, gross negligence, injury to life, body or health, and under the Product Liability Act. For slight negligence we are liable only for breach of a cardinal obligation, limited to the foreseeable damage typical of this type of contract, capped at the fees paid in the twelve months before the event.

8.6 Data loss

Liability for loss of data is limited to the effort required to restore it from properly maintained backups. This limitation assumes the customer has complied with Section 5.7 and exported its data at reasonable intervals.

8.7 Limitation period

Claims of the customer become time-barred after 12 months, except for claims arising from intent, gross negligence, injury to life, body or health, or under the Product Liability Act, where the statutory periods apply.

8.8 Force majeure

Neither party is in default for events beyond its reasonable control: natural events, war, industrial action, epidemics, official measures, sustained failure of telecommunications or power networks, or large-scale attacks on internet infrastructure. Obligations are suspended for the duration, and either party may terminate if the event persists beyond 60 days.

9. Confidentiality, data protection, changes and applicable law

The closing provisions. The data protection clause is deliberately short, because the operative document is the data processing agreement, not these terms.

9.1 Confidentiality

Each party keeps confidential the other's non-public commercial and technical information, uses it only for the contract, and protects it with the care it applies to its own. The obligation survives the contract by three years. Disclosure required by law or authority is excepted.

9.2 Data protection

For data the customer records in its workspace, the customer is the controller and we are the processor. The parties conclude a data processing agreement under Art. 28 GDPR before processing begins. Our own processing as controller is described in the privacy policy.

9.3 References

We name a customer as a reference only with their prior written consent. Absent express written consent, we do not name the customer, use its logo or describe its portfolio in marketing material.

9.4 Changes to these terms

We may amend these terms where necessary, notifying the customer in text form at least six weeks before they take effect. The customer may object within four weeks of the notice; if it objects, we may terminate at the date the change would have taken effect. The notice states the change and both rights.

9.5 Assignment and subcontracting

The customer may assign the contract only with our prior consent, not to be unreasonably withheld. We may engage subcontractors and sub-processors; the sub-processor rules of the data processing agreement, including the customer's right to object, take precedence.

9.6 Applicable law and jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the rules of private international law. The exclusive place of jurisdiction for merchants, legal persons under public law and special funds is München. We may also sue at the customer's seat.

9.7 Text form and severability

Amendments and side agreements require text form, as does any waiver of that requirement. If a provision is or becomes invalid, the remainder stands, and the invalid provision is replaced by the statutory rule that comes closest to its commercial purpose.