Stand: August 2022
Samdock GmbH | Walter-Gropius-Strasse 17 | 80807 Munich
Online based CRM SaaS subscription service CRM
Administrator – means the user who is responsible for the administrator account. The first applicant/registered person at Samdock is also the administrator. Administrator rights are transferable to another registered person within the registered company account.
Administrator account – means the customer’s user account to which only the administrator has access. Through this account, the Administrator is able to use the Service according to the Customer’s order, configure it, add additional packages, create additional accounts for Users, terminate the Account according to the terms.
Provider – refers to Samdock GmbH
API – Application Programming Interface
APP – means the native mobile application (for new versions of Android and iOS) available in addition to the browser version of Samdock from Q2/2021, which must be downloaded separately by the User to his smartphone.
Basic Package – means the standard features licensed within the User Fee that Samdock’s Customer can use.
Service – Online based CRM SaaS subscription service.
Customer/Interested Party – means any natural or legal person, as well as anyone who orders Samdock and/or enters into an agreement in the name of or on behalf of such person. Any natural person must be at least 18 years of age
Customer Data – means all content, information and data – including personal data – relating to potential customers, business partners, clients and/or customers of Customer (not limiting) that is entered and uploaded by Customer into the Tool and/or App through use of the Service
Term – means the initial or extended term of the Subscription.
License and Right to Use – means the rights to access the Services as specified in the Contract.
SaaS – Software as a Service
User – means any user of the Customer
Website – means www.samdock.com
Additional Module – means the modules that can be added to the Basic Package; the calculation is made separately from the Basic Package depending on the additional booking by the Customer
Samdock provides a web-based software solution as a service (SaaS) under the product name “Samdock”. Samdock provides standard software that is subject to ongoing development. Samdock has the right to change its portfolio of offerings at any time. Furthermore, Samdock has the right to change and/or adapt the GTCs (General Terms and Conditions) to the circumstances at any time. Samdock will inform the customer about any kind of change by sending an e-mail to the administrator. If a change may adversely affect the legitimate interests of the Customer, so that the Customer can no longer be expected to continue the agreement, the Customer may terminate the affected service in writing with a notice period of 30 calendar days until the announced change takes effect.
Unless the Customer gives notice, the change shall take effect on the date specified and shall be deemed to be contractually agreed with the Customer. Customer enters into a SaaS contract by using the Services. Customers have access to the Service via the Internet with standard modern web browsers (recommendation: Google Chrome or Firefox) and SSL-secured access. The configuration of the customer’s IT system is not part of this contract. In addition, customers can integrate some third-party additional services via the API. The provision of SaaS services by Samdock is exclusively in accordance with the subscription model described herein.
Each potential customer is given the opportunity to test the offer free of charge for 14 days after registering at www.samdock.com or www.samdock.app. After registration, the potential customer receives access to the services with a limited range of functions. The customer can already decide during the test phase for a chargeable use with full functionality of the basic package of the services. For this purpose, the customer must book the service under the menu item “Setting” by providing his credit card data.
The test access locks automatically after the end of the test period. The customer data entered will be retained for 30 days in accordance with the data protection regulations and will then be automatically deleted. During this time, the customer can still switch to a paid full version at any time.
The prices stated at the time of the order, as shown on Samdock’s website, shall apply. The prices shown there are annual/monthly net prices in Euro and are exclusive of VAT at the applicable statutory rate, if applicable. The amount of the annual/monthly fee for the use of the software depends on the selected package size, i.e. on the number of users and the additional module(s).
The customer has the choice between monthly and annual billing. All payments are due in advance with the invoice.
In the case of monthly billing, the billing period begins on the day of the conclusion of a contract for the paid use of the software via the account and ends after 30 calendar days / 1 month. Payments for contracts for paid use of the Software with monthly billing shall be made by credit card monthly in advance. The credit card will be charged on the due date.
If payment is made by credit card, Samdock reserves the right to check the validity of the card, the debit limit, as well as the address details. Samdock is entitled to reject the entered credit card as a means of payment if there is an important reason for doing so. In case of monthly billing, an invoice will be sent to the customer by Samdock in electronic form via e-mail.
In the case of annual billing, the billing period begins on the day the account is activated and ends after one year. Payments for contracts for the paid use of the software with annual billing are made by credit card annually in advance. In the case of annual billing, the customer will be sent an invoice for 12 months in electronic form by e-mail. The credit card debit payment date is on the invoice date.
If the customer wishes to add further service packages and/or additional users to the licensed basic package, he can do so directly in the product at any time. Additionally purchased service packages and/or additional users cannot be reduced during an annual term.
Samdock reserves the right to increase the prices annually. In the event of a price increase, Samdock undertakes to notify existing customers at least one month before the expiry of the agreed minimum subscription period. This will be done by email to the administrator.
Invoices are sent electronically on a monthly / annual basis, depending on the booked term and any renewal. The SaaS fee is based on a monthly / annual payment, depending on the booked term. The subscription fee is always invoiced at the beginning of the respective term at the beginning of each contract month or contract year and is due for payment immediately without deduction.
The invoice will be sent in electronic form to the electronic address and/or administrator provided by the Customer. The Customer is obliged to inform Samdock as soon as possible about any changes (e.g. other electronic address, changes of credit card data, addresses, etc.).
Unless otherwise expressly agreed, amounts due will be automatically collected in full by Samdock from the legitimized credit card on the invoice date. When processing payments, Samdock may use external payment platforms as service providers. All online payments are subject to the terms and conditions of the external operators of the respective payment platforms.
Samdock and the payment service providers comply with the legal requirements. Samdock has the right to use additional payment methods (e.g. direct debit, PayPal, etc.) at any time.
The Customer has the right to terminate the agreement for the use of Samdock at any time with the following notice periods:
In the case of an annual term, 60 calendar days before the end of the respective term; in the case of a monthly term, within the respective current month with notice to the end of the month.
The right to terminate the contract without notice for good cause remains unaffected for both parties. Such cause shall be deemed to exist in particular if:
Upon conclusion of the agreement, the customer is granted access to the product, which is provided as “Software as a Service (SaaS)”. Such license implies a non-exclusive and non-transferable right to use the Product. In this case, the provision of the administrator account is considered as delivery of the Product.
Within 48 hours after the delivery has been made, the Customer is obliged to inform Samdock of any complaints by contacting support or sending an email to [email protected]. If no complaints have been made within this 48-hour period, Samdock shall assume that the Customer has approved and accepted the delivery. The configuration of the Customer’s IT system is not part of this contract.
The customer receives with his registration the access to his administrator account and determines independently the initial password. The administrator account manages the entire access of the customer. With the help of the administrator account the customer has the possibility to create further users. The administrator(s) is/are solely responsible for the correct use and all activities of all users of Samdock. Each user account (including the administrator account) belongs to only one person at a time and may not be shared with any other person under any circumstances.
Samdock makes every effort to provide proper operation of the Services. However, as web-based software, numerous factors outside Samdock’s responsibility may cause interruptions or malfunctions for which Samdock cannot accept any liability. Nevertheless, if Customers discover any defects in the Platform, they must be reported to Samdock in writing at [email protected] or within the Product in the Help Center. Material defects will be repaired by Samdock within a reasonable period of time. If this is not possible, the Customer shall be refunded the pro-rata amount of the remuneration incurred in the respective month of the beginning of the malfunction, which the Customer has paid.
If it is determined that the Customer caused the malfunction through improper use (e.g. user error, use outside the intended use) or that it was caused by factors outside Samdock’s responsibility (e.g. network malfunctions, third-party interfaces and products, etc.), this shall not constitute a defect. In such a case, Samdock may refuse to remedy the fault or demand reasonable compensation for the expenses incurred.
Samdock is the licensor and owner of the various copyrights, proprietary rights and trademarks of Samdock or successor brands and advises that some components contain open source software that is subject to additional license terms, which are hereby incorporated as part of this License Agreement.
Therefore, the licenses granted to the customer imply only the right of use for a fee. Under no circumstances:
Custom projects and customizations to the Services remain the property of Samdock. Therefore, the customer may:
Samdock shall not be liable for any failure to perform its obligations if such failure is due to force majeure. Usual force majeure events include: Any circumstances which were unforeseeable and unavoidable at the time of the closing of the Agreement and which prevent Samdock from performing the Agreement or which make the performance of the Agreement more difficult, financially or otherwise, than it normally would have been (including, but not limited to, war; natural disasters; fire; seizure; delays by third parties or insolvency of third parties obligated by Samdock; shortage of personnel; strikes; organizational circumstances; threat of terrorism or terrorist acts; national/international pandemic).
The above-mentioned force majeure situations entitle Samdock to revise and/or suspend the Agreement by simple written notice to the Customer, without being obliged to pay any compensation. If the force majeure and/or hardship situation continues for more than two months, both partners are entitled to terminate the agreement extraordinarily.
The language of this contract is German. There are no legally valid translations into other languages. Samdock has the right at any time to publish the contract in other languages or to adapt it to local requirements for international marketing.
Any problems, questions or disputes concerning the validity, interpretation, enforcement, performance or termination of this Agreement shall be governed by and construed in accordance with German law (excluding conflict of laws or the Vienna Sales Convention UNCISG).
All disputes concerning the validity, interpretation, enforcement, performance or termination of this Agreement shall be subject to the exclusive jurisdiction of the ordinary courts in Munich – Germany.
If the customer needs support in technical or specific questions about the application, we refer to the help center located in the product with descriptions of individual functional areas. In addition, questions can be addressed directly to support via the help center. In addition, there is also the possibility of direct contact within the product in the help center.
If at any time Samdock and/or Customer fail or neglect to assert any rights under this Agreement or to enforce any provision hereof, such failure shall not be deemed a waiver of such rights or the ability to enforce any such provision.