Terms Of Use

Scope of Application


These terms and conditions apply to the provision of and use of Real Time Appointment booking software, established at 12950 Dairy Ashford Rd, Sugar Land, TX 77478.

  • Real Time Appointment 's CUSTOMERS can be either consumers or entrepreneurs, who use the services for commercial or non-commercial purposes. An entrepreneur, on the other hand is any natural person or partnership with legal capacity that, when entering into a contract, acts in his commercial or self-employed professional capacity.
  • Differing terms and conditions of the Customer shall not be accepted unless Real Time Appointment expressly agrees to their validity in writing.

 

Subject Matter of Contract And Services

 

Real Time Appointment will provide the Customer with the following, different versions of the scheduling solution which include the rights to use the contract for the duration and individual proactive support services from Real Time Appointment. According to the Service Level agreement

The Service description describing the content and scope of the appointment booking system can be found in the current version. Real Time Appointment offers the Customer a complete application that allows him to monitor, evaluate, and manage his business transactions, as well as view booking overviews. Real Time Appointment reserves all rights to modify functions, modules, and components offered free of cost, to make new functions free of charges or to discontinue providing functions that are free of cost. Real Time Appointment will always respect the legitimate interests of the Customer.

 

Conclusion Of Contract

 

  • To use the online appointment booking system, you must create a user account. You will need to enter the company name, sector, country, first and last names, e-mail address, and password. For online appointment booking, the e-mail address and password is also used as Customer’s Login Data.
  • After completing the registration process to create a user account, Customer submits a request for a contract for the booking of an appointment online. If ordering Real Time Appointment products or versions that are subject to a charge, billing information will be required prior to placing an order. The customer will then see all order data on the order overview page. The Customer can review all details once again before submitting an order. They also have the option to change them (also via the Internet browser's "back" function) or cancel the order. The CUSTOMER submits an offer to end the contract in this instance by clicking the button "order subject for payment". 
  • Real Time Appointment accepts this offer by activating an account or providing the appropriate version or Real Time Appointment products. This is the only way to conclude the contract between customer and Real Time Appointment.  It does not have to accept the offer made by the Customer and therefore cannot conclude the contract. 
  • The details of the contract are saved at Real Time Appointment. They can be viewed through the customer's user account.

 

Rights And Duties

 

  • The customer will keep the login data necessary for access to the online appointment booking solution confidential and make it available only to authorized users. All actions taken by authorized users under his login data by the customer are his responsibility. If the login data is made available to unauthorized third parties, the customer must immediately notify Real Time Appointment. The customer is responsible for any actions taken by unauthorized third parties using his login data. 
  • Real Time Appointment will make the online appointment booking system, including the components available to the customer for his personal use as a technical infrastructure. Real Time Appointment does not have any influence over the details and design of the contractual relationship between customer & his appointment bookers. This includes the availability of appointments, details of service provided by the customer to his/her users, pricing or evaluations, and the content of the booking profile. The customer holds the sole responsibility for all content created using the online appointment booking solution, including the booking profile and the contractual agreement.
  • Online appointment booking does not comply with the principles for proper management and storage (GOBD) of books, records, and documents in electronic format. Customer is responsible to ensure that data are stored in compliance with all legal requirements.
  • Further, the customer agrees that the service descriptions and booking profile contents do not violate any third party rights or legal prohibitions (in particular name, personality, data protection, trademark rights). The customer also agrees to not offer any services through the online appointment booking system and to not use any content in his service description or booking profile.
    • Concerning sexual, pornographic, or other content that is harmful to minors?
    • Concern content that incites violence or glorifies violence?
    • Encourage or offer guidance regarding criminal offenses?
    • You may not violate any official or national law.
  • Real Time Appointment may terminate the contractual relationship at any time without notice, if the aforementioned obligations are violated, or block the Customer’s account temporarily. Real Time Appointment will give the CUSTOMER an opportunity to make comments.
  • The customer ensures Real Time Appointment from any claims of third parties that are valid against Real Time Appointment because of the violation of their rights. This includes, but is not limited to, copyrights and trademark rights as well as personal rights or other property rights. This applies to all claims made against Real Time Appointment from authorities or other entities due to violations of rights where the customer is liable.
  • The customer also agrees to reimburse Real Time Appointment for all expenses incurred by Real Time Appointment from third parties who have taken Real Time Appointment to court for a violation of their rights. This includes, but is not limited to reasonable legal defense costs. If the customer is not responsible for violating the rights of third party, he is not obligated to reimburse.
  • Customer must perform regular data backups.

 

Contract Terms and Right of Termination

 

  • The contracts for the use and maintenance of the online appointment booking system shall, except as otherwise agreed, be indefinitely binding. If the contracting parties agree to a minimum contract term (subscription), the notice period shall start at the relevant subscription. Termination shall therefore be possible at the earliest point at the time the term ends in the respective scope or service description. If the subscription is not terminated by the agreed term, the contract for contractual services will be extended for the remaining term of the preceding minimum term.
  • The customer may terminate any contract that provides for free access to the online appointment booking system and its components at any time, without notice.
  • The customer may terminate any contract that provides for free access to the online appointment booking system and its components at any time, without notice.
  • The parties have the right to terminate their contractual relationship for extraordinary reasons at any time, without prior notice. A reason for extraordinary termination is if continuation of the contractual relation beyond the expiry date of the notice period is unreasonable for either party. This takes into consideration all facts and interests of each party.
  • These are the most important reasons to Real Time Appointment. Grave violation of the customer’s contractual obligations. Impairment of Real Time Appointment's reputation and external appearance. Customer advertising and support for institutions or associations that are observed by youth protection or security authorities.
  • To be effective, notices of termination must include text.

 

Remuneration and Invoicing

 

  • The Subscription Description will determine the amount, due date, and billing details.
  • Real Time Appointment is not responsible for the execution of transactions or cancellations of customer.
  • All prices include the applicable statutory sales tax.

 

Right of Revocation

 

  • The consumer has the right to withdraw from the contract.
  • Revocation instructions contain details and examples of revocation forms.

 

Industrial Property Rights and Intellectual Property Rights

 

  • Real Time Appointment grants to the customer a non-exclusive, nontransferable, and non-sub licensable authorization to use the online booking system and the contractual components for the term of the contract, subject to payment of the agreed fees.
  • The customer places content in the service descriptions or booking profiles. Real Time Appointment in turn grants the customer a simple transferable, licensable, sub licensable and content wise unlimited use right for the duration on the contract for the online appointment scheduling solution and its components. 
  • The rights to use contents are granted subject to evaluation in a non-personal manner by Real Time Appointment. 
  • The customer declares that he has the legal authority to grant and dispose of all rights, and that the grant of these rights does not violate any rights of others, including personal rights or copyrighted right of third parties involved with the creation of the contents.

 

Warranties

  • Real Time Appointment accepts responsibility for any defects as per the applicable laws. It guarantees that the contractually agreed quality of the online appointment booking solution and its components will remain intact throughout the term of contract. Third parties cannot be in conflict with the contractual use. Real Time Appointment will remedy any material defects or defects of title in the online booking solution within a reasonable time.
  • Real Time Appointment cannot be held responsible for any defect or functional impairment caused by environmental conditions, improper operation or non-observance or violation of technical specifications or operating instructions. Customer’s rights due to defects are excluded. This includes if the customer fails to use the Online appointment booking solution and its components in a way that:
    • The elements were modified or made obsolete by third parties.
    • They were not in compliance with the technical specifications or requirements of Real Time Appointment.
  • Real Time Appointment is committed to improving and developing the online appointment booking system, but it is not required to do so. Real Time Appointment has no obligation to adapt the online appointment book solution and its components for any third-party provider's services or interfaces.

 

Liability

 

  • Real Time Appointment is liable for damages within the limits of liability for culpa contrahendo in case of intent and gross negligence.
  • For damages due to injury to life, body, or health
  • For damages arising out of the breach of an essential contractual obligation (obligation which is essential to the performance of the contract and which the contractual partner relies on regularly and may depend on); however, in this instance, liability is limited only to compensation for the foreseeable and usually occurring damage. The Subscription's value is the total amount of liability.
  • Real Time Appointmet's liability is exempted from any other circumstances. Real Time Appointment is liable to damages, for whatever legal reason, within the limits of liability for culpa contrahendo in cases intent and gross negligence.

 

Data Protection And Confidentiality

 

  • Both parties agree to keep confidential any information about the other party (including customers, business partners and employees). They will also undertake to only use the information for the purposes of fulfilling the subject matter.
  • Each party is responsible to comply with all applicable statutory provisions within its area of responsibility.
  • Additional information about the protection of personal data can be found on the Real Time Appointment site.

 

Marketing & Customer Communication

 

If the customer signs a contract with Real Time Appointment indicating that Real Time Appointment has the right to use that electronic mail address (email address) for direct marketing of similar goods or services. Customer can at any time object to electronic mail address (email address) being used without incurring additional costs beyond the transmission costs as per the basic tariffs.

 

Final Provisions

 

  • Real Time Appointment has the right to identify the customer in any publication and to use customer trademarks, names, and logos within this context, unless the customer objects in writing.
  • These terms and conditions of use shall be governed exclusively by the laws of the USA.
  • Consumers have the option to use alternative dispute resolution in the event of legal disputes.  Real Time Appointment is not required to participate in consumer arbitration proceedings.