Terms and Conditions of Use
Section 1: Parties Involved, Contract Subject Matter and Scope of Application
Quentn.com LLC is the owner and operator of the email marketing and sales CRM system "Quentn". The same system is offered to customers of Quentn.com LLC, primarily in return for payment for non-exclusive use within the scope of the respective enterprise-independent and autonomous email marketing. In addition to the email marketing system’s customers (users), Quentn.com LLC maintains business relationships with advertising partners, who in turn advertise the "Quentn" product via independent marketing channels. By using and/or advertising "Quentn", users and advertising partners declare their unrestricted and full agreement with Quentn.com LLC’s terms and conditions of use (T&Cs) which are amended from time to time and accept the same as the exclusive and decisive basis of business between them and Quentn.com LLC, insofar as this is legally permissible. Any business transactions with third parties concerning the email marketing and sales CRM system "Quentn", which have been explicitly approved in writing by Quentn.com LLC beforehand, shall not exempt you from the obligation to refer to Quentn.com LLC’s T&Cs. The T&Cs shall be referred to in an appropriate manner and at the proper place within the scope of online registration.
Section 2: Conclusion of the User Contract / Authorised Users
- The customer (user) submits a contract request to Quentn.com LLC when they register online. The customer shall be required to fill in all online registration fields fully and truthfully. Otherwise, the contract request shall be considered invalid. User contracts revealed to be based on false information shall be considered invalid and may be revoked by Quentn.com LLC at any time.
Emails shall only be sent to addressees who have given their consent (opt-in). Consent must meet the following requirements:
- Consent to the sending of advertising by email/newsletter must be given actively and separately. The addressee must either click/check a box or otherwise make a similarly clear declaration of consent. This declaration may not be part of other declarations (e.g., consent to the validity of T&Cs, general data protection clauses) and may only refer to email advertising.
- Unless consent is granted in writing or electronically, it shall require written confirmation to the address holder.
- When consent is obtained, it must be clearly stated that consent can be revoked at any time with future effect. The notice must also contain information on how, and to whom, the revocation can be made. The possibility of revocation must not be more complicated than obtaining consent. The revocation must be implemented within five working days at the latest.
- Contracts shall be exclusively concluded with fully legally competent private or legal persons. In the case of minors, a written declaration of consent from the legal representatives must be submitted to Quentn.com LLC.
- The non-exclusive licence agreement shall come into force upon acceptance of the contract by Quentn.com LLC and the sending of login details. Quentn.com LLC reserves the right to reject contract requests for technical, factual, personal, company-related, or other reasons. Furthermore, Quentn.com LLC reserves the right to exclude customers from use even after the conclusion of the licence agreement, provided there are reasons for this.
- Upon conclusion of the licence agreement, the customer (user) acquires the non-exclusive right to use the email marketing and sales CRM system "Quentn" for a limited period and in accordance with the tariff conditions.
- By way of exception, emails may also be sent to customers without an explicit opt-in (prior consent, section 2.2) under the following conditions:
- Existing customer relationship (existence of an exchange contract for consideration)
- Direct advertising for individual similar products or services
- Indication of the possibility of objection at any time (in the case of collection and any use of the email address), without incurring transmission costs other than those arising from the basic rates, and
- No objection is raised.
- It shall be prohibited to pass on the non-exclusive right of use and the user login details to third parties who are not employed by the direct contractual partner. Corresponding possible sub-relationships and transfers are to be requested in writing from Quentn.com LLC and are only permissible once written permission has been granted, if applicable.
Section 3: Service Interfaces and Responsibilities
- Quentn.com LLC grants the customer (user) access to the web-based email marketing and sales CRM system "Quentn" by providing them with their own login details. As a platform, "Quentn" provides the technical infrastructure for the design and automated dispatch of emails and is designed to be content-independent. The service of Quentn.com LLC is explicitly limited to delivery attempts; Quentn.com LLC cannot guarantee actual deliveries.
- The contents of corresponding emails are created exclusively by the customer (user). Quentn.com LLC shall assume no liability for the same content. However, the customer (user) is expressly advised that they must comply with applicable law when creating content and selecting recipients. Otherwise, Quentn.com LLC reserves the right to terminate the licence agreement with good reason and without notice.
Section 4: Content, Rules of Conduct and Other Principles
Stringent legal regulations shall apply to the generation, acquisition, and use of electronic personal and contact details in the Federal Republic of Germany and to a large extent also in other European and non-European countries. We refer to the relevant regulations of the German Telecommunications Act (TKG) and the Data Protection Directive for Electronic Communications of the European Community. Compliance with corresponding legal regulations is mandatory for the use of "Quentn". The customer (user) shall be obliged to obtain consent to receive email advertising and information when generating electronic contact details (email addresses and the like). The reference to the purpose and content of the corresponding emails while generating addresses must be clearly recognisable and unambiguous and must be confirmed separately by the future recipient. In the event of the purchase or transfer of address details by third parties such as commercial data record providers, the customer (user) shall ensure that the generated addresses have been generated similarly in accordance with the respective legal clauses of the customer's (user's) home country and that permission to receive corresponding emails has been obtained, insofar as the laws of the customer's (user's) home country require this.
In the Federal Republic of Germany, for example, the "double opt-in process" has proven itself in this context for online generation, which our national customers (users) are encouraged to use. For international customers, the respective national regulations of the sender's country and the recipient's country shall apply.
In cases of suspicion, the customer (user) shall be obliged to disclose the origin of the data to Quentn.com LLC upon request and prove compliance with corresponding specifications during data generation.
With reference to the aforementioned clauses, minimum requirements must also be met when designing the content of advertising emails. Our customers shall be obliged to ensure the following things when designing the emails:
- The sender of the email must be clearly identifiable and indicated by their full name, full address, a contact option and, in the case of companies, with additional company-related information that is usually provided.
- The advertising intention of the customer (user) must be clearly recognisable.
- The recipient of a corresponding email must be able to unsubscribe from the electronic mailing list immediately after receiving it via an unsubscribe link, without having to enter any user details separately.
- Other country-specific legal requirements.
The principal, i.e., the contractual partner of the sender of a business-like email, must be clearly identifiable. An easily recognisable legal notice must be included in every email sent, at the latest twelve months after the entry criteria come into force as full text. The legal notice must contain the following information:
- the name and address at which the consignor is established, in addition to, in the case of legal persons, the legal form, the commercial register, register of associations, register of partnerships, or register of cooperatives in which they are registered and the corresponding register number.
- Contact information in the form of at least a valid telephone number or electronic contact form and an email address; and
- a VAT identification number or a business identification number, if available. Further information requirements pursuant to national laws remain unaffected.
- The possibility of withdrawing permission to send emails must be pointed out in every email. It must always be possible for the recipient to unsubscribe from emails without knowledge of login details (e.g., username and password). Exceptions may be permitted in individual cases if different handling is necessary due to peculiarities of the service offered; cf. section 2.21 regarding “List help".
- In the header and subject line of the email, neither the sender nor the commercial nature of the message may be disguised or concealed. Concealment occurs when the header and subject line are intentionally designed in such a way that the recipient receives no information, or misleading information, about the actual identity of the sender or the commercial nature of the message before viewing the content of the communication.
- When using email addresses which the sender or their customers have acquired from third parties, the following shall apply: The sender or their customer must ensure that consent in the sense of these inclusion criteria has been granted before carrying out advertising activities. This consent must also explicitly refer to the sender or their customer.
- The sender of the email must be clearly identifiable and indicated with a full name, full address, a contact option and, in the case of companies, with additional company-related information that is usually provided.
- The advertising intention of the customer (user) must be clearly recognisable.
- The recipient of a corresponding email must be able to unsubscribe from the electronic mailing list immediately after receiving it via an unsubscribe link without having to enter any user details separately.
- Other country-specific legal requirements.
- Quentn.com LLC reserves the right to randomly check emails with regard to compliance with the relevant requirements. For documentation purposes, Quentn.com LLC is also entitled to store the IP addresses of the email senders.
- The prerequisite for the use of the email marketing and sales CRM system "Quentn" is the acceptance of a separate data protection declaration by the customer (user).
- The use of "Quentn" shall be expressly prohibited for emails for the following content:
- Pornographic content.
- Other content that contradicts the Youth Protection Act of the Federal Republic of Germany or the laws and regulations of the country of the email recipient.
- Content related to prohibited goods and services.
- Racist content, content glorifying violence, discriminatory content, or content inciting to criminal offences
- Content that violates or threatens to violate the rights of third parties (personal rights, right to informational self-determination, copyright, or other industrial property rights, etc.)
- Content from companies or persons who are, or could be, suspected of using unfair and dubious business practices.
- If in doubt about the legitimacy of your own content, we strongly recommend that you consult a lawyer.
- In the event of repeated failed deliveries to the same email address, Quentn.com LLC shall be entitled to delete the corresponding email address and list it accordingly. The same applies to individual complaints by the recipient of the email.
- The customer (user) shall ensure that the design and content of the emails are always, and in every respect, in compliance with the statutory clauses of the recipient's place of residence.
Section 5: Availability of the System/Service Provision/Liability
- The customer (user) is aware that the email marketing and sales CRM system "Quentn" requires regular maintenance and that spontaneous and unannounced outages are unavoidable. For this reason, a continuous and uninterrupted operation cannot be guaranteed. In the event of planned maintenance work, however, Quentn.com LLC shall endeavour to inform the customer (user) as far as possible within a reasonable period. However, there shall be no right to early information. Quentn.com LLC expressly accepts no liability for any loss of revenue in connection with Quentn" outages.
- The customers (users) of Quentn.com LLC are solely responsible for the content of emails sent and the legality of email deliveries. Quentn.com LLC expressly does not carry out a broad-based check of address details and content.
- The contractual services of Quentn.com LLC are limited solely to the provision and uninterrupted use of the email marketing and sales CRM system "Quentn" and corresponding delivery attempts via the system. Quentn.com LLC accepts no liability for non-delivery, delays or incomplete or unusable emails.
- The customer (user) shall be required to store the data transmitted by "Quentn" or stored within the system outside the email marketing and sales CRM system. Quentn.com LLC expressly accepts no liability for any loss of data, for example because of malfunctions.
- We are liable to the customers (users) in the following cases:
- in the event of malice as well as gross negligence on the part of our management or executives
- in the event of culpable breach of essential contractual obligations, in the case of simple negligence limited to the damage reasonably foreseeable under the contract
- in the event of culpable injury to life, limb, or health
- if we are liable under the Product Liability Act for personal injury or property damage to privately used objects in the event of defects in the delivery item.
- or in the event of failure to comply with guarantee promises as well as fraudulently concealed defects.
- Further claims against Quentn.com LLC other than those mentioned above are excluded. We are also not liable for the suitability of the user's technology and infrastructure.
Section 6: Handling Data
- Quentn.com LLC protects the customer's (user’s) details from unauthorised third-party access by means of appropriate technical and procedural measures.
- Quentn.com LLC reserves the right to make saved data available to its own contractors as required, but only in accordance with a previously contractually secured data protection agreement between Quentn.com LLC and the corresponding contractor.
- Quentn.com LLC shall carry out data backups at regular intervals. The customer's (user's) obligation to save and maintain its own data records outside the email marketing and sales CRM system remains unaffected by this.
- Quentn.com LLC is prohibited from copying, passing on, or using the personal details of customers (users) without authorisation.
- After expiry of the user agreement, e.g., through termination, the customer (user) has the right to request that Quentn.com LLC delete all data relating to the customer. Quentn.com LLC shall comply with the request at short notice.
Section 7: Termination of the User Agreement
- The customer (user) may terminate the user contract in emailing with a notice period of 5 working days to the end of the respective payment period.
- Quentn.com LLC reserves the right to terminate user contracts for technical, factual, personal, or company-related or other reasons.
- Termination without good reason: In compliance with the principle of proportionality, Quentn.com LLC reserves the right to terminate the user agreement without notice and to block the customer's (user's) access in the event of violations by the customer (user) against the T&Cs as amended from time to time or for other serious reasons.
Section 8: User Fees
User fees can be found in the current tariff overview of Quentn.com LLC in the respective version and are recognised as fixed prices. The tariff overview for our Enterprise Accounts is available on request. Net amounts are listed in EUR. Quentn.com LLC expressly reserves the right to adjust tariffs. Individual rate requests, for example in the case of usage quotas for large companies, should be sent directly to Quentn.com LLC. Please use our contact form for this purpose. Quentn.com LLC reserves the right to upgrade the tariff appointed to the customer to a higher tariff if the permitted number of contacts is exceeded.
Section 9: Terms of Payment
- The user fee is payable subsequently, due immediately and without deduction after invoicing. All payments shall only be deemed to have been made when Quentn.com LLC can dispose of the payments without reservation.
- In the event of a delay in payment, Quentn.com LLC shall be entitled to postpone the fulfilment of its contractual obligations and to block access to the email marketing and sales CRM system until receipt of the overdue payments. Should a chargeback occur, we shall charge the customer the chargeback fees incurred by us to the amount of €8.60 each, in addition to the licence fee.
- When exceeding agreed payment dates, we charge interest at a rate of 5 percentage points p.a. above the applicable base rate of the European Central Bank.
- If you are in arrears with payments due and do not make payment despite a grace period being set, or if you otherwise seriously breach the contract, we shall be entitled to withdraw from the contract and demand compensation for damages.
Section 10: Jurisdiction and General Clauses
- The area of jurisdiction is Potsdam. However, Quentn.com LLC shall be entitled to assert its own claims at the customer’s (user’s) general place of jurisdiction.
- Under this contract, you may only assign rights to third parties with our prior written consent.
- Upon first request the customer (user) shall indemnify Quentn.com LLC in full against any claims, for example because of, or in connection with, emails sent by the customer (user) with infringing content.
- German law shall apply to these T&Cs.
Section 11: Annulment Clause
- If any clause of these T&Cs proves to be invalid or unenforceable, the remaining clauses shall not be affected thereby.
- In such a case, the contracting parties shall be obliged to replace the invalid clause in accordance with the spirit of this contract by mutual agreement with another clause by which the intended purpose of the contract can be achieved in a legally permissible manner, insofar as this is possible.
- The same applies if the necessary regulation of some points in the T&Cs has been overlooked.