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Conditions générales d'utilisation du logiciel de planification des horaires

General terms and conditions of business


Status: 01.01.2024

§ 1 Scope, application of the General Terms and Conditions



(1) Rosterrocket SRL , Pustnicu 127c, 014042 Bucuresti, Romania, J40/23895/2023 (hereinafter " Rosterrocket ") offers its customers services in the field of personnel planning via www.rosterrocket.de and www.timetact.de (hereinafter "Internet platform"). After registering via the Internet platform, customers can subscribe to services offered by Rosterrocket in accordance with the applicable service packages.

(2) These Terms and Conditions apply to all services offered by Rosterrocket via this Internet platform.

(3) Terms and conditions on the part of the customer that conflict with or deviate from these terms and conditions are expressly not recognized unless Rosterrocket expressly agrees to their validity in writing. This also applies if the customer accepts an offer from Rosterrocket with reference to its own deviating contractual terms and conditions and Rosterrocket does not object to this. Even if Rosterrocket refers to a (possibly electronic) letter that contains or refers to the terms and conditions of the customer or a third party, this does not constitute consent to the validity of those terms and conditions. The inclusion of such terms and conditions of the customer is hereby objected to.


§ 2 Subject of the service, addressee

(1) The subject of the service offered by Rosterrocket are the functionalities of the Internet platform in the area of ​​personnel planning in their current version; depending on the platform version and the service packages subscribed to, these may include, for example, duty and shift planning, absence planning and time recording (collectively “contractual services”).

(2) Data backup is not part of the contractual services. The customer remains responsible at all times for the backup of data and content that he, his employees or other third parties acting on his behalf upload to the Internet platform or create there (hereinafter "customer data") and will download and back up these himself and regularly with the care of a prudent businessman. Rosterrocket provides the customer with the tools for downloading data collectively via the customer account, depending on the services booked. The customer will store the data backups in such a way that he can access them at any time and independently of the Internet platform. Rosterrocket is expressly not liable for the loss of the customer's data.


(3) Rosterrocket ’s services are aimed exclusively at entrepreneurs.

§ 3 Registration, conclusion of contract, storage of the contract text

(1) The prerequisite for concluding a contract for the use of the Internet platform (“User Agreement”) is registration by the customer. By registering, the customer guarantees that he is an entrepreneur and that he will register on the Internet platform in this capacity. A breach of the aforementioned guarantee entitles Rosterrocket, without prejudice to its other rights, to terminate the User Agreement with the customer without notice for good cause.

(2) The customer may only register through an authorized representative or an authorized representative body. Rosterrocket reserves the right to make the conclusion of a user agreement dependent on the submission of proof of authority to represent, without, however, being subject to any obligation to verify the identity and authority to represent the person acting on behalf of the customer.

(3) The registration process is carried out by the customer by filling out and submitting the registration form on the Internet platform. The data required for registration must be provided by the customer completely and truthfully. By clicking on the registration button, the customer submits an offer for the user agreement in accordance with the provisions of these General Terms and Conditions. The user agreement is concluded by acceptance of this offer by Rosterrocket in accordance with the following paragraph (4). The customer has no right to conclude the user agreement.

(4) The contract is accepted by registering on the internet platform. Rosterrocket does not store the contractual provisions for the customer.


§ 4 Customer account, subscription to service packages

(1) By registering the desired service package, the customer receives access to the Internet platform by providing a customer account. The service packages depend on the number of employees.

(2) If the customer would like to subscribe to a higher or lower service package, the customer can make this booking independently within his account under the settings. The subscription is concluded when Rosterrocket accepts this offer .

(3) Subscription to service packages is no longer possible as soon as one party has declared the termination of this user agreement.


§ 5 Contract term, termination

(1) The user agreement is concluded for an indefinite period. It exists independently of any subscriptions. The termination of one or all current subscriptions does not affect the existence of the user agreement.

(2) Either party may terminate this user agreement at any time in writing by email without giving reasons. The notice period is 4 weeks to the end of the month , but the contract ends at the earliest at the time of termination of the last subscribed service package. The customer can terminate his contract digitally in the customer account settings.

(3) The right to extraordinary termination for good cause remains unaffected. In the event of extraordinary termination of this user agreement for good cause, all current subscriptions will also end with the termination of this user agreement.


§ 6 Prices and payment

(1) Prices for service packages are based on the conditions specified therein. Unless expressly agreed otherwise, the following applies:

a) Prices relating to services subscribed to during a specific period are due at the beginning of that period.
b) Relevant for compliance with payment times and deadlines is the crediting of the respective amount to the bank account specified by Rosterrocket .
c) Rosterrocket invoices must be paid without deduction within 2 (two) weeks.
d) All prices are net prices plus the applicable VAT at the time of payment.


§ 7 Availability of the Internet platform, place of performance

(1) The availability of the Internet platform is determined as follows:

a) Rosterrocket will carry out the necessary maintenance work on the Internet platform between 11:00 p.m. and 6:00 a.m. Central European Time ("Maintenance Windows"). During these maintenance windows, the platform may be temporarily unavailable in whole or in relation to some services on the Internet.
b) Rosterrocket makes the Internet platform available on the Internet with an availability of at least 99% per calendar quarter. The times of the maintenance windows are not included in the calculation of availability.
c) Rosterrocket may also restrict access to the Internet platform outside of maintenance windows if the security of the platform operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, software or stored data, so require.
d) Rosterrocket will notify the Customer of planned service work that affects availability and lasts longer than 10 (ten) minutes at least 4 (four) hours in advance by posting a notice in the Customer account.
(2) The transfer point for Rosterrocket ’s services is the interface between the servers on which the Internet platform is hosted and the Internet.


§ 8 Changes to services, updates

In the interests of all platform users, Rosterrocket always strives to improve the Internet platform and expand it in a meaningful way in order to continuously increase its benefits for its customers. Rosterrocket therefore expressly reserves the right to further develop the Internet platform during the term of the contract. As part of the further developments, Rosterrocket can , for example, change the appearance of the front end and modify, add and remove functionalities as well as adapt designs, input masks and other components of the front and back end (collectively "platform updates"). The customer has no right to platform updates, nor does he have any right to continue using a specific version of the Internet platform. The customer cannot derive any claims against Rosterrocket from platform updates carried out , provided that the functionalities booked by him are not eliminated or significantly restricted by platform updates and he does not suffer any unreasonable disadvantages as a result of using the platform.

§ 9 Obligations when using the customer account

(1) The customer is obliged to choose a secure access password for his customer account during registration. A secure password contains upper and lower case letters, as well as special characters and numeric characters.

(2) The customer must keep the access data to his customer account secret and protect it from access by unauthorized persons using state-of-the-art measures. If the customer becomes aware of improper access to his access data or customer account or if facts give rise to suspicion of this, he must inform Rosterrocket immediately.

(3) The customer is entitled to grant third parties (hereinafter referred to as "employees") access to their customer account in accordance with the service packages they have booked. The customer remains the sole contractual partner of Rosterrocket . A contractual relationship between the employees and Rosterrocket is not established.

(4) The customer is liable to Rosterrocket for the conduct of the employees to whom he grants access to his customer account. Violations of customer obligations under these terms and conditions by such employees are attributed to the customer. He is responsible to Rosterrocket for ensuring that these employees behave in accordance with the contract and do not violate these terms and conditions, laws and/or the rights of third parties in connection with the use of our contractual services. Violations of these provisions by employees are attributed to the customer; in these cases, the customer is the defendant of Rosterrocket .


§ 10 Customer data, rights of use

(1) Rosterrocket operates the Internet platform as a technology service provider within the framework of a software as a service offering. Rosterrocket will not exercise any influence on or check customer data or its creation, transmission and use and therefore considers such data and content to be third-party.

(2) In order to enable Rosterrocket to provide the contractual services, the customer grants Rosterrocket the spatially unlimited and non-exclusive right to store, reproduce and make publicly available customer data that is protected by copyright for the period of validity of the user agreement and any retention obligations of Rosterrocket , including the right to sublicense, insofar as this is necessary for the fulfillment of Rosterrocket 's contractual obligations .

(3) The customer is obliged

a) to upload and create only such data on the Internet platform that does not violate legal requirements and the rights of third parties,
b) to ensure that the uploading of data and the granting of rights of use pursuant to paragraph (2) and the use of the Internet platform by him do not violate legal requirements or the rights of third parties.
(4) The internet platform is expressly not intended for the storage and administration of special categories of personal data within the meaning of Art. 9 GDPR. The customer undertakes not to store or process any such data on the internet platform. If the customer violates the aforementioned obligation and suffers damage (e.g. due to data loss, transmission, changes or consequences of actions that violate data protection law), Rosterrocket shall not be liable for this.


§ 11 Data protection

Rosterrocket strictly adheres to the provisions of the applicable data protection law. The customer is responsible for personal data that the customer collects, processes or uses.

§ 12 Subcontractors, assignment of rights and obligations

(1) Rosterrocket is entitled to transfer its performance obligations under the user agreement to third parties or to engage subcontractors and to transfer claims against the customer to third parties. Rosterrocket remains responsible to the customer for the provision of services in accordance with the contract.

(2) Any transfer of rights and obligations arising from this contract by the customer to third parties is only permitted with the prior express consent of Rosterrocket .


§ 13 Set-off

The customer is only entitled to a right of set-off if his counterclaims have been legally established by a court or are undisputed.

§ 14 General limitation of liability

Rosterrocket shall be liable, regardless of the legal basis, exclusively in accordance with the following provisions.

(1) Rosterrocket is only liable for intent and gross negligence. Rosterrocket is not liable for minor negligence.

(2) The limitation of Rosterrocket ’s liability shall not apply in the event of injury to life, body and/or health and in the event of liability under the Product Liability Act.

(3) Rosterrocket is not liable for events of force majeure that make the contractual services impossible or that only significantly complicate or temporarily hinder the proper execution of the contract. Force majeure includes all circumstances that are independent of the will and influence of the contracting parties, such as terrorist attacks, embargoes, confiscations, natural disasters, strikes, decisions by authorities or other serious and unforeseeable circumstances for which the contracting parties are not responsible. A circumstance is only considered force majeure if it occurred after the conclusion of the contract.

(4) Furthermore, Rosterrocket shall not be liable for disruptions and loss of quality of data transmission on the Internet for which Rosterrocket is not responsible and which make it difficult or impossible to use functions of the Internet platform or services accessible via it.

(5) To the extent that Rosterrocket ’s liability is excluded or limited, this shall also apply to the liability of Rosterrocket’s employees, other staff, representatives and vicarious agents .


§ 15 Amendment of these Terms and Conditions

Rosterrocket reserves the right to change these Terms and Conditions without giving reasons and in compliance with the following procedure: The amended Terms and Conditions will be sent to the customer, indicating the respective changes, to the email address provided during registration. If the customer does not object within 2 (two) weeks of receiving the aforementioned email, his consent to the respective changes is deemed to have been given.

§ 16 Final provisions

(1) The contract language is German; all declarations and communication shall be in German. The parties shall ensure that their contact persons are fluent in German.

(2) The User Agreement and all contracts concluded between Rosterrocket and its customers shall be governed by Romanian law.

(3) To the extent permitted by law, the courts with jurisdiction for all disputes arising from or in connection with the contractual cooperation between the parties shall be the courts in Bucharest, Romania, having jurisdiction at the registered office of Rosterrocket .

(4) Should individual provisions of these General Terms and Conditions or of contracts or agreements concluded between the parties be invalid or unenforceable in whole or in part, or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall remain unaffected. Instead, the parties shall work towards agreeing on a replacement provision which comes closest to the invalid or unenforceable provision in a legally permissible and economic manner. The above provisions shall apply accordingly in the event that provisions prove to be incomplete.

 

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