Scanservice AGB

§1 GENERAL & SCOPE OF APPLICATION

§2 SUBJECT MATTER OF THE CONTRACT

1. The product Scanservice is offered to consumers as defined by § 13 BGB (German Civil Code) (hereinafter referred to as "Users"), i.e. natural persons who conclude a legal transaction for a purpose that cannot be predominantly attributed to their commercial or self-employed professional activity. Any commercial use of the scanning service requires the written consent of fileee.
2. The user commissions fileee to digitise documents. For this purpose, the user sends the documents to fileee. The scope of the documents (in particular the number of pages) is determined during the order process. For this purpose, the user can select from the service packages offered by fileee, which can be found in the service description at www.fileee.com/scanservice/.
3. After scanning, fileee makes the documents sent in by the user available in the fileee system in digitised form. Depending on the user's wishes, the submitted documents are either destroyed or returned after the digitisation process.
4. fileee may, at its own discretion, have the services incumbent upon it performed by its own employees or by commissioned third parties.

§3 SCOPE OF SERVICES & FORMATION OF THE CONTRACT

1. In order to enter into a contractual relationship with fileee, the User must create or have a free account in the fileee system. Registration in the fileee system is subject to the provisions of the General Terms and Conditions of fileee, in particular §3. The General Terms and Conditions are available at https://www.fileee.com/agb.
2. To use the scanning service, the user can select a scan package on the website. The user bindingly selects the size of the documents that he/she will send to fileee in order to have them scanned and thus digitised. The user assures that he will not send any pages exceeding the selected package to fileee. Should the User nevertheless send more pages to fileee, fileee will inform the User accordingly and also inform the User of the additional costs that would be incurred for scanning the additional pages. If the user agrees to the additional costs, the additional pages will also be scanned. Otherwise, the additional pages will be returned to the User. In such a case, fileee will determine at its reasonable discretion which pages will be scanned and which will be returned.
3. In addition, the user must determine whether he/she wishes to send the documents to fileee insured and whether the documents are to be permanently destroyed or returned after the digitisation process. fileee will separately inform the customer of the consequences of ordering destruction.
4. If the user does not complete the order with a request to return his documents after the digitisation process, the documents sent will be destroyed in accordance with the applicable data protection regulations.
5. The User shall bear the costs incurred in the event of a return of the documents. fileee shall inform the User of the additional costs incurred during the order process.
6. In the further process, the user logs in with his account and enters his address. fileee will send the documents to this address in case of a return.
7. The user confirms the order and can start the payment process in the next step. By sending the payment information, the user makes fileee a binding offer to digitise his or her data.
8. The user receives the necessary documents from fileee for sending the documents by e-mail and in the fileee account. The user can print out the ready-made dispatch documents and send the documents to fileee. The dispatch documents provided by fileee must be used and enclosed with the documents.

§4 PRICES & PAYMENT

1. The offers for the scanning service presented on the website are non-binding.
2. The prices stated on the website at the time of conclusion of the contract shall apply. These are gross prices, i.e. including applicable value added tax. Depending on the user's selection during the ordering process, further packaging and shipping costs may be added. These will be listed separately when the order is placed.
3. The invoice amount due can only be paid by the payment methods listed on the website. Payment methods not listed will not be accepted.
4. fileee is entitled to have the processing of the payment carried out by a trustworthy third party (payment provider).
5. The user is obliged to provide all information truthfully within the framework of the order processing. Should the billing process and the provision of services lead to additional costs for reasons for which the user is responsible, in particular due to the provision of false personal data within the scope of the payment processing, the user shall bear these costs.
6. The invoice for the booked items shall be sent to the customer in electronic form. The invoice amount is due immediately and without deduction upon receipt of the invoice.
7. If the invoice amount is not paid on time or if complications arise during the transaction, fileee reserves the right to cancel the scan service.

§5 DELIVERY TIME AND PROVISION OF DOCUMENTS IN THE FILEEE SYSTEM

1. The delivery time begins on the day on which the User's documents are received in full by fileee. The user receives a notification from fileee when the documents have been received.
2. fileee makes the scanned documents available to the user in the fileee system after an appropriate processing period. The customer can retrieve the digitised documents via his account. The processing period is usually a maximum of 7 working days after receipt of the documents. Working days are defined as the days from Monday to Friday.
3. The provision period shall be extended in the event of measures within the scope of industrial disputes, in particular strikes and lock-outs, as well as in the event of the occurrence of unforeseen obstacles which are beyond our control, e.g. operational disruptions, server disruptions, delays in the delivery of essential materials, as well as in the event of war, catastrophes and other unavoidable events. This also applies if the circumstances occur with business partners involved. The provision of the documents shall change in accordance with the duration of such measures and obstacles. Should such events prove to make the execution of the order impossible, fileee is entitled to withdraw from the order after giving appropriate notice, without the client incurring any claims for damages.
4. The delivery dates stated are not fixed dates.

§6 DATA PROTECTION AND PROCESSING

1. The user agrees that fileee may collect, process and use the necessary data on the basis of the legal provisions - in particular those of the Federal Data Protection Act. For the execution of the contract and the functionality of the information extraction algorithm, fileee may collect, process and use the necessary personal data (inventory data). This includes the name, address and telephone number of the user.
2. fileee assures compliance with data protection regulations when digitising the submitted documents.
3. Notwithstanding the provisions of paragraph 2, the user remains "master of the data". In this respect, the User is solely responsible for the collection of personal data of third parties in compliance with data protection laws, if and to the extent such data is contained in the Documents. Furthermore, the User is responsible for the compliance with the legal provisions in the context of the data transfer to fileee and has to ensure in particular that personal data of third parties are only transferred to fileee with their consent, in the case of a legal permissible circumstance or after conclusion of an agreement on commissioned data processing according to § 11 BDSG between the User and fileee.
4. fileee assures that, without the User's consent, disclosure of the documents posted by the User in the fileee System is only permitted if this is
   1. is required by a state supervisory authority or on the basis of a court order,
   2. is prescribed by mandatory law or
   3. to the employees of fileee who are professionally bound to secrecy, or
   4. corresponding subcontractors of fileee who have been subjected to the confidentiality obligations regulated in these GTC in an equivalent manner.

§7 DESTRUCTION AND/OR RETURN OF DOCUMENTS

1. If the user does not choose the option of returning his/her documents, they will be disposed of in accordance with data protection regulations. The documents sent in will be irrevocably destroyed and will no longer be available to the user.
2. In case of destruction of the documents, the user assures that the documents sent by him are only duplicates of the original data set and that the originals are in his possession. The obligation to back up data is the sole responsibility of the customer.
3. If the client has booked a return of the documents, fileee will return the documents to the client after processing. fileee will notify the client when documents are dispatched and the client will receive a tracking code to track the shipment.
4. Obvious transport damage when returning the documents must be claimed immediately with the responsible transport company. fileee is not liable for such transport damage if fileee can prove that the documents were undamaged when they were handed over to the transport company and fileee is also not guilty of negligence in the selection of the transport company.

§8 SPECIFICATIONS OF THE DOCUMENTS

1. The User shall ensure that the submitted documents comply with the specifications and sizes accepted by fileee.
2. The paper size of the documents should be within the range of A7 (74×105mm) to A3 (297×420 mm).
3. The documents must be sent to fileee loose or loosely bound (in a folder). The documents must not be firmly stapled, bound or stapled when sent to fileee.
4. If the documents sent to fileee do not comply with the specifications accepted by fileee and presented on the website, fileee may refuse to process them and withdraw from the contract.
5. Additionally booked services will be charged separately.

§9 COPYRIGHT AND OWNERSHIP

1. The User grants fileee simple rights of use to the submitted documents, in particular the rights to reproduce and to edit. The right to edit expires for each document submitted by the User as soon as the document has been posted in the User's fileee account after the scanning process. In all other respects, the provision of § 11 of the General Terms and Conditions of fileee shall apply.
2. The user assures that he/she owns all rights, including the rights to use, pass on and publish the delivered documents.
3. The user assumes sole liability for the infringement of third party property rights.
4. Should fileee be legally prosecuted for the infringement of third party rights, the User shall indemnify fileee against all claims, provided that the User is responsible for the infringement of third party rights.

§10 CONDITION / WARRANTY

1. All contractual partners, both fileee and the user, are aware and agree that it is not possible, given the state of the art, to always eliminate software and hardware errors in all application situations.
2. fileee endeavours to ensure a very good scan quality. However, minor colour deviations cannot be ruled out.
3. All documents are scanned at 300 dpi resolution.
4. A slight deviation of the scan result, also, for example, in comparison to previous orders, does not constitute a deviation from the contractually agreed quality.
5. Completion shall take the place of acceptance. Completion of the service occurs when the scanned documents are made available in the user's account. Deviations require a separate agreement.
6. In the event of defects, fileee shall first provide a warranty by means of subsequent performance. For this purpose, fileee may, at its discretion, provide the user with new, defect-free scans or remedy the defect. fileee has the right to make a reasonable number of attempts to remedy the defect within a reasonable period of time.
7. The right to assert withdrawal due to the existence of an insignificant defect that only insignificantly restricts the usability of the scans is excluded. The right to substitute performance according to § 637 BGB is excluded, provided that fileee is able and willing to remedy the defect.
8. In all other respects, the statutory provisions shall apply.

§11 LIABILITY

1. fileee shall be liable without limitation for such damages, including damages resulting from the defective performance, resulting from injury to life, limb and/or health and/or the breach of a warranty promise and/or caused by gross negligence or intent. In all other respects, fileee's liability is limited to the foreseeable damage typical of the contract.
2. fileee assumes no responsibility for the contents of User Documents submitted by Users or any other obligations arising from the User's domain.
3. Should the contents stored on the contractual server storage space contain legal violations, the User shall indemnify fileee against all claims resulting therefrom and shall bear the costs resulting therefrom. This also includes the costs for legal defence.
4. fileee is not liable for the correct functioning of infrastructures or transmission paths of the Internet that are not the responsibility of fileee or its vicarious agents.
5. Insurance exists for "insured shipping", which is reflected in the shipping form of registered mail. Liability is based on Deutsche Post guidelines: The maximum amount is limited to the following amount: Registered mail Einwurf up to 20 EUR (gross).

§12 FINAL PROVISIONS AND SEVERABILITY CLAUSE

1. These Terms and Conditions and all legal relationships between fileee and the User shall be governed by the laws of the Federal Republic of Germany. This does not apply if the customer, who is a consumer, would be deprived of further rights under the respective applicable legal system at the place of residence of the consumer as a result of this choice of law.
2. If individual clauses are invalid, the remaining clauses shall remain valid.
3. The contractual language is German.