# Terms and Conditions (AGB) | Real Estate Management > Terms and conditions for Real Estate Management: B2B scope, modules, Public and Private Cloud availability, fees, term, liability and jurisdiction. - Source: https://real-estate-management.webservices-engineering.de/legal/terms - Language: English (en). Deutsch (de): https://real-estate-management.webservices-engineering.de/de/legal/terms · Magyar (hu): https://real-estate-management.webservices-engineering.de/hu/legal/terms · Română (ro): https://real-estate-management.webservices-engineering.de/ro/legal/terms - Site: Real Estate Management — The back office for real estate portfolios (Webservices Engineering GmbH) - Index for machines: https://real-estate-management.webservices-engineering.de/llms.txt - Every page of this website is also available as Markdown: append `.md` to its URL. --- ## Terms and conditions The terms on which Webservices Engineering GmbH provides Real Estate Management to business customers, covering services and modules, availability, fees, term and termination, liability and jurisdiction. - Business customers only, within the meaning of Section 14 BGB - Public Cloud on the published subscription plans; Private Cloud on a dedicated deployment with an SLA - All prices exclusive of statutory value added tax - Your data can be exported before deletion at the end of the contract - [Ask a question about these terms](https://real-estate-management.webservices-engineering.de/contact) - [See plans, modules and rates](https://real-estate-management.webservices-engineering.de/pricing) 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. 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. > Draft for counsel review, not a published set of terms. This page was prepared as a structured drafting aid. It has not been reviewed by a qualified lawyer and it is not legal advice. > > German law polices standard terms closely: under Sections 305 to 310 BGB a clause that is surprising, unclear or unreasonably disadvantageous is void even between businesses, and what replaces it is the statutory position rather than a milder version of the clause. The liability, warranty, price-change and terms-change clauses below are the ones most likely to fail that review and have to be redrafted by German counsel rather than merely approved. Every placeholder must be resolved before publication, or the clause containing it deleted. Nothing on this page creates an availability or uptime commitment beyond what has actually been contracted. ## 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. > Because these terms are directed at businesses, the statutory consumer rights of withdrawal do not apply. Counsel must confirm that the signup flow does not accidentally admit consumers, since a single consumer contract brings the whole consumer regime with it. ## 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. > The software supports the customer's administrative work. It does not provide tax, legal or accounting advice, and the correctness of any statement, invoice or ancillary cost reconciliation produced with it remains the customer's responsibility. ## 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. **Commitments by deployment form** | | Public Cloud | Private Cloud | | --- | --- | --- | | Deployment | Shared, multi-tenant infrastructure hosted in the European Union | Dedicated single-tenant deployment in a secure EU data centre, with dedicated resources | | Availability commitment | Best effort. We operate the service with due care but do not owe a fixed availability figure | 99.5% per calendar month, excluding planned maintenance | | Response to reported faults | Best effort during working hours | Maximum 4 hours intervention during working hours, maximum 24 hours outside working hours | | Working hours | Monday to Friday, 09:00 to 17:00 CET/CEST, excluding public holidays in Bavaria | Monday to Friday, 09:00 to 17:00 CET/CEST, excluding public holidays in Bavaria | | Monitoring | Standard operational monitoring | 24/7 monitoring | | Redundancy and failover | Standard platform resilience | High availability and redundancy, including dedicated backup and failover infrastructure | | Backups | Regular backups on our infrastructure | Regular backups and disaster recovery, with database and storage backups additionally mirrored to the customer's own site or office | | Branding | Per-account logo, colour scheme and PDF font sizes | The above plus white labelling | | Maintenance | Announced where practicable | Announced at least 48 hours in advance and placed outside working hours where practicable | 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. > Excluded from any availability calculation: announced maintenance; faults in the customer's own systems, network or internet access; faults in third-party services and interfaces outside our control; force majeure under Section 8.8; and downtime caused by the customer's use of the service in breach of these terms. ## 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. > This section deliberately does not repeat the price list. The plans and their limits, the module price, the per-unit rates above the largest plan, the onboarding package and the hourly rate are published on the pricing page in the version in force when the contract is concluded, and are restated in the order form. Where the two differ, the order form prevails under Section 1.5. ## 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. > The severability clause is drafted conservatively. Under German AGB law a replacement clause that lets the user rewrite a struck-out term is itself typically void, so the fallback here is expressly to statutory law rather than to a substitute term of our choosing. Counsel to confirm. ## Section 6 does not repeat the price list The plans and their limits, the module price, the per-unit rates above the largest plan, the onboarding package and the hourly rate live in one place, so the terms and the price list cannot drift apart. Every figure referred to in Section 6 is verifiable on the pricing page in one click, and all of them are net of value added tax. - [See plans, modules and rates](https://real-estate-management.webservices-engineering.de/pricing) ## What counsel and procurement usually ask ### Can consumers or private individuals use the service? No. 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. A private landlord holding property as a business activity qualifies; a purely private user does not. The signup form requires confirmation of entrepreneur status when the offer is submitted. ### What availability is actually guaranteed? Public Cloud is provided on a best-effort basis, without a fixed availability figure. Private Cloud carries a service level agreement with a maximum intervention time of 4 hours during working hours and 24 hours outside them, plus 24/7 monitoring and dedicated failover infrastructure. Announced maintenance, third-party faults and force majeure are excluded from any availability calculation. ### How is overage above the largest plan billed? Additional properties, housing units, rooms or common spaces and document storage are charged at the published per-unit rates. Overage is measured against the ordered plan limits and invoiced monthly in arrears with the next subscription invoice. The rates are on the pricing page, and all figures there are net of value added tax. ### What happens to our data when the contract ends? Access ends on the effective date of termination, except for the export function, which stays available for the agreed export window. After that window closes we delete the data from live systems, and from backups as the backup generation rotates out. Statutory retention duties on invoices and accounting records remain unaffected by deletion requests. ### Can we add or remove a module mid-contract? Yes. Each optional module is ordered separately from the core and charged at the published monthly module price, and modules can be added or removed with effect from the next billing period. Removing a module does not delete the data recorded through it: the data stays in the workspace and becomes visible again if the module is reactivated. ### Which law and which court apply? The contract is governed by the law stated in Section 9.6, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules. The exclusive place of jurisdiction for disputes with merchants, legal persons under public law and special funds is the city named there, and we may also bring proceedings at the customer's registered seat. - [Private Cloud deployment and SLA](https://real-estate-management.webservices-engineering.de/private-cloud) - [Read the general FAQ](https://real-estate-management.webservices-engineering.de/faq) ## The documents these terms refer to - **Privacy policy** — The counterpart to Section 9.2: what we process as controller, on what legal basis, and for how long. [What this module does](https://real-estate-management.webservices-engineering.de/legal/privacy) - **Legal notice** — The provider identity in Section 1.1 in full, with the register, VAT and contact details required in Germany. [What this module does](https://real-estate-management.webservices-engineering.de/legal/imprint) - **Security** — The technical measures behind the credential, access and isolation obligations in Section 5. [What this module does](https://real-estate-management.webservices-engineering.de/security) - **Modules and scope** — What each module named in Section 3.2 actually contains, module by module. [What this module does](https://real-estate-management.webservices-engineering.de/solutions) ## Read them before you sign, not after If procurement or counsel needs a signable version, the data processing agreement or a Private Cloud service level annex, ask and we will send the current documents. > This page is a draft for counsel review. The binding version is the one attached to your order form. - [Request the contract documents](https://real-estate-management.webservices-engineering.de/contact) - [Compare plans, modules and rates](https://real-estate-management.webservices-engineering.de/pricing)