Terms and Conditions

for the provision of services by Jan Bratzel, QSLBox powered by BratzelMedia, Frühlingstraße 30a, 76703 Kraichtal, Germany, e-mail: support@qslbox.com (hereinafter the "Contractor") to its customers (hereinafter the "Client")

1. General

1.1 These Terms and Conditions ("T&Cs") for the provision of services apply to all agreements concluded between the Client and the Contractor that incorporate these T&Cs.

1.2 The Contractor is entitled to engage subcontractors, in its own name and for its own account, to perform the required services, and such subcontractors may in turn engage further subcontractors. The Contractor remains the sole contracting party of the Client at all times. Subcontractors will not be engaged where it is apparent to the Contractor that doing so would be contrary to the legitimate interests of the Client.

1.3 Where, in addition to these T&Cs, further contractual documents or other terms and conditions in text or written form have become part of the contract, the provisions of such further contractual documents shall prevail over these T&Cs in the event of a conflict.

1.4 The Contractor does not recognize any terms and conditions used by the Client that deviate from these T&Cs, unless it has expressly agreed to them.

2. Subject Matter and Scope of Services

2.1 As an independent business operator, the Contractor provides the following services to the Client:

The Provider makes available "QSLArchiv," a web-based online platform for the digital archiving of QSL cards from amateur radio operation.

Users can create a personal user account and upload, store, manage, and view digital copies of QSL cards there (e.g., as image or PDF files).

The service includes, in particular, the provision of storage space, management functions for uploaded content, and additional functions such as search, filter, and statistics views. The available storage space may vary depending on the chosen plan.

The service is provided as an internet-based software solution ("Software as a Service"). No specific scope of functionality or uninterrupted availability is guaranteed.

Responsibility for uploaded content lies exclusively with the users. The Provider does not review or assume any content-related responsibility for stored data.

2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.

2.3 The Contractor shall perform the contractually owed services with the greatest possible care and diligence, in accordance with the latest state of the art, rules, and findings.

2.4 The Contractor is obliged to provide the contractually owed services. In carrying out its activities, however, it is not subject to any instructions regarding the manner, place, or time of performance. Nevertheless, in scheduling its working days and allocating its time on those days, the Contractor will do so in a manner that achieves optimal efficiency in its work and in realizing the subject matter of the contract. The Contractor's performance is provided only in consultation and coordination with the Client.

3. Client's Duties to Cooperate

It is the Client's responsibility to provide, completely and correctly, the information, data, and other content required for the performance of the service. The Contractor shall bear no responsibility whatsoever toward the Client for delays in performance caused by the Client's late or necessary cooperation or input; the provisions under the heading "Liability / Indemnification" remain unaffected.

4. Remuneration

4.1 Remuneration is agreed on an individual contractual basis.

4.2 Remuneration is payable after the services have been rendered. Where remuneration is calculated by time period, it is payable upon expiry of each individual time period (Section 614 of the German Civil Code, BGB). For time-and-materials billing, the Contractor is entitled, unless otherwise agreed, to invoice services rendered on a monthly basis.

4.3 After the services have been rendered, the Contractor shall issue an invoice to the Client by post or e-mail (e.g., as a PDF). Payment is due within 14 days of receipt of the invoice.

5. Liability / Indemnification

5.1 The Contractor is liable without limitation, on any legal basis, in cases of intent or gross negligence, in cases of intentional or negligent injury to life, body, or health, on the basis of an assumed guarantee (unless otherwise provided in that respect), or on the basis of mandatory statutory liability. If the Contractor negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies under the preceding sentence. Material contractual obligations are those obligations which the contract imposes on the Contractor according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper performance of the contract possible in the first place, and on the observance of which the Client may regularly rely. Beyond this, any liability of the Contractor is excluded. The foregoing liability provisions also apply with regard to the Contractor's liability for its vicarious agents and legal representatives.

5.2 The Client shall indemnify the Contractor against any third-party claims asserted against the Contractor as a result of the Client's breaches of these contractual terms or of applicable law.

6. Contract Term and Termination

6.1 The term of the contract and the notice periods for ordinary termination shall be agreed individually by the parties.

6.2 The right of either party to terminate for good cause without notice remains unaffected.

6.3 Upon termination of the contract, the Contractor shall, without undue delay and at the Client's choice, return or destroy all documents and other content provided to it. Any right of retention with respect to such items is excluded. Electronic data must be completely deleted. Excepted from this are documents and data subject to a longer statutory retention period, but only until the end of the respective retention period. Upon request, the Contractor shall confirm the deletion to the Client in writing.

7. Confidentiality and Data Protection

7.1 The Contractor shall treat all matters that come to its knowledge in connection with the assignment as strictly confidential. The Contractor undertakes to impose this confidentiality obligation on all employees and/or third parties who have access to the information relevant to the contract. The confidentiality obligation applies for an unlimited period, beyond the term of this contract.

7.2 The Contractor undertakes to comply with all applicable data protection provisions in carrying out the assignment, in particular the provisions of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

8. Final Provisions

8.1 The law of the Federal Republic of Germany shall apply, excluding the CISG.

8.2 Should any provision of these T&Cs be or become invalid, the validity of the remaining T&Cs shall not be affected.

8.3 The Client shall support the Contractor, to the extent necessary, in the performance of its contractual services through reasonable cooperation. In particular, the Client shall provide the Contractor with the information and data required to fulfill the assignment.

8.4 If the Client is a merchant, a legal entity under public law, or a special fund under public law, or does not have a general place of jurisdiction in Germany, the parties agree that the Contractor's place of business shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.

8.5 The Contractor is entitled to amend these T&Cs for objectively justified reasons (e.g., changes in case law, statutory provisions, market conditions, or business or corporate strategy), subject to a reasonable notice period. Existing customers will be notified of this by e-mail no later than two weeks before the amendment takes effect. If the existing customer does not object within the period specified in the notice of amendment, their consent to the amendment shall be deemed given. If they do object, the amendments shall not take effect; in this case, the Contractor is entitled to terminate the contract for extraordinary cause as of the date the amendment would have taken effect. The notice of the intended amendment will refer to the deadline and the consequences of an objection or the failure to object.

9. Information on Consumer Dispute Resolution

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Our e-mail address can be found in the heading of these T&Cs.