General Terms and Conditions
These terms govern the provision of the white-label appointment software TerminJet together with the related setup and support services by a digital agency in Germany. They apply to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
Scope and subject of the contract
Section 1 Scope
These terms apply to all contracts between Coding Partners GmbH, Graefestr. 11, 10967 Berlin, Germany (the "Provider") and its customers (the "Customer") regarding the use of the TerminJet software as well as setup, integration, advertising and optimization services. Conflicting or differing terms of the Customer do not become part of the contract unless the Provider expressly agrees to their application in writing. The offer is directed exclusively at entrepreneurs (Section 14 BGB), not at consumers.
Section 2 Subject of the contract
The Provider makes TerminJet available as web-based white-label appointment software and configures it for the Customer's workflows on the basis of industry-specific templates. Depending on the chosen package, the services include: configuration of the template, setup of the appointment logic (booking, rescheduling, cancelling, waitlist), integration into the Customer's website and, optionally, landing pages, tracking and Google Ads management. The specific scope of services follows from the respective offer or the chosen service description.
Section 3 Conclusion of the contract
The presentation of services on the website does not constitute a binding offer. The contract is concluded through acceptance of an individual offer from the Provider or through the Provider's order confirmation in text form. Preceding demos are non-binding and do not create any claim to conclusion of a contract.
Services, cooperation and availability
Section 4 Setup and provision
The Provider sets up the software using the agreed template and makes it available as Software-as-a-Service over the internet. The one-time setup fee covers configuration, adaptation of the terminology and rules, and the initial integration. The functional scope corresponds to the state described in the offer; the Provider is entitled to continue developing the software as long as the agreed purpose of the service is not materially impaired.
Section 5 Customer cooperation obligations
The Customer provides the information, content, access and approvals required for setup and operation in good time (for example appointment types, opening hours, website access, copy). The Customer is responsible for the lawfulness of the content it provides and for the data-protection-compliant collection of consent from its end customers. Delays caused by missing cooperation extend deadlines accordingly.
Section 6 Availability
The Provider targets an availability of the software of 99.0% as an annual average, measured at the hosting in German data centres. Announced maintenance windows and disruptions outside the Provider's control (in particular force majeure and outages of upstream providers) are excluded. Maintenance work is scheduled for low-usage times where possible and announced in advance where feasible.
Section 7 Rights of use
For the contract term, the Customer receives a simple, non-transferable right to use the software for its own business purposes. Passing it on to third parties, sublicensing or use beyond the agreed scope is not permitted without the Provider's consent. The brand, templates and software code remain with the Provider; the white-label right is limited to the visual presentation towards the Customer's end customers.
Pricing, term and responsibility
Section 8 Pricing and payment
The prices stated in the offer apply. The monthly fee is due in advance, the one-time setup fee upon conclusion of the contract. Example packages: Start, 89 EUR per month plus 490 EUR setup; Pro, 249 EUR per month plus 1,900 EUR setup. Multi-Location and Scale as well as add-ons (for example additional landing pages, Google Ads setup and management) are agreed separately. All prices are exclusive of statutory VAT. Payment method and payment term follow from the respective offer; otherwise the statutory default rules apply.
Section 9 Term and termination
The contract runs for 12 months and renews each time by 1 month unless it is terminated with a notice period of 1 month to the end of the term. The right to extraordinary termination for good cause remains unaffected. Terminations must be made in text form. After the contract ends, the Provider makes the data entered by the Customer available in a common format; the data is then deleted after the statutory retention periods have expired.
Section 10 Data processing and data protection
Insofar as the Provider processes personal data of the Customer's end customers on the Customer's behalf, the parties conclude a data processing agreement under Article 28 GDPR; in the event of conflict this takes precedence over these terms. The Customer remains the controller for this data. Hosting takes place at Hetzner Online GmbH in Germany; WhatsApp notifications via Meta's WhatsApp Business Platform are only sent with the consent of the data subject. Details are set out in the privacy policy.
Section 11 Warranty and liability
The Provider is liable without limitation in cases of intent and gross negligence as well as for damage arising from injury to life, body or health. In the case of simple negligence, the Provider is only liable for the breach of material contractual obligations (cardinal obligations) and limited to the foreseeable damage typical for this type of contract. Liability for lost profit or indirect damage is excluded to the extent permitted by law. Liability under the German Product Liability Act remains unaffected.
Section 12 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes is, insofar as the Customer is a merchant, a legal entity under public law or a special fund under public law, Berlin. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected. Amendments and additions require text form.
Frequently asked questions about the terms
Is there a minimum term?
Yes, the specific term follows from the offer and Section 9 of these terms. The placeholder must be replaced with the actually agreed term and notice period before publication. Extraordinary termination for good cause always remains possible.
What happens to our data after the contract ends?
The Provider makes the data you entered available in a common format and then deletes it once the statutory retention periods have expired. Details are set out in Section 9 and Section 10 as well as the data processing agreement.
Are individual customizations and landing pages included in the standard packages?
Setup, template customization and website integration are part of the packages. Google Ads setup and management, additional landing pages or individual templates are add-ons and are agreed separately under Section 8.
Do we conclude a data processing agreement?
Yes. As soon as we process personal data of your end customers on your behalf, we conclude a data processing agreement under Article 28 GDPR. You remain the controller; we act on your instructions.