Sales Policies for the World

except for Germany, Austria, Liechtenstein, USA, Canada,Mexico

valid from July 1st, 2022

A. General Provisions

§ 1 Definitions

1.1 Definition Consumer

Insofar as the customer engaging in this legal transaction is acting majorly in a function, where the customer is acting for a purpose which is attributable neither to his commercial nor his independent professional duties, the customer is considered a “consumer”.

1.2 Definition Business Person

If the customer is engaged in a commercial activity or a professional activity conducted on a self-employed basis at the time of concluding this contract, the customer is considered a “business person”.

§ 2 Scope

Business relations entered into between equinux and the Customer via the equinux online store shall be subject exclusively to the following Sales Policies of equinux. The Customer's terms and conditions shall not apply, save with the express written consent of equinux.

§ 3 Formation of contract

The Customer's order shall constitute a binding offer to equinux to conclude an agreement. The Customer shall be bound by such offer for five (5) working days. Upon receipt of the Customer's order by equinux, the latter shall send an email to the Customer confirming receipt of the order and specifying order details (Acknowledgement of order). Transmission of the Acknowledgement of order shall not constitute an agreement. Acceptance of the contractual offer by equinux will be confirmed by a separate Order Confirmation email.

§ 4 Performance date

equinux shall not be obliged to render performance until the payment has been received in full from the Customer.

§ 5 Set-off, retention

The Customer shall not be entitled to offset any counterclaims unless such amounts are established as legally valid or are acknowledged by equinux. The Customer shall not be authorized to exercise a right of retention unless a counterclaim is based on the same contractual relations.

§ 6 Applicable law

These Terms and Conditions of Trade shall be governed by German law with the exclusion of UN sales law and private international law.

§ 7 Privacy

Our Privacy Policy is in accord to German Privacy Law ("Bundesdatenschutzgesetz BDSG" and "Telemediengesetz TMG").

Customer agrees to the collection, treatment and use of its personal data for compliance of business purposes.

Customer’s email address is used for written information concerning orders and - if customer doesn't revoke - for customer maintenance, as well as for our newsletter. equinux won't pass personal customer data to third parties.

Customer has a right of adjustment, blocking and deletion of its personal data. Provided that legal or contractual custody obligations or other legal reasons are opposed, data is blocked.

Further details can be found in our Privacy Policy.

§ 8 Order processing

Payment and Order Information

All payments will be charged in Euros.

All orders from everywhere in the world will be processed by equinux AG.

Value Added Tax (VAT)

equinux AG is obliged to charge European VAT for all sales within the European Union, according to EU tax legislation. Companies within the EU can purchase VAT exempt by entering a valid EU VAT number. In case a VAT number is not provided during the checkout process, VAT will be applied. Purchases made via Amazon marketplaces within Europe are exempt, as all customers are considered to be consumers for the purpose of these purchases. A VAT refund in this case is not possible.

Import Duties

Depending on your location you may be required to pay additional import duties. Please consult your local authority for more information.

Consumer Information

We currently do not take part in alternative dispute resolutions procedures.
Nevertheless, we inform customers that the European Commission provides a platform for online dispute resolutions accessible at http://ec.europa.eu/consumers/odr/.

§ 9 License terms

Use of equinux-branded software including all Patches, Updates and Upgrades and all documentation delivered to Customer is based on the terms of the License Agreement in effect at the time of installation. In order to install the software, it is necessary to agree to the terms of the applicable license (EULA=End User License Agreement). Please be aware that your purchase is subject to the particular license that accompanies the software (EULA) and you must agree to the terms and conditions of that license when you install the software. Be certain to read the applicable license carefully before you install the software.

B. Service products

§ 10 Scope of Service

If the Customer purchases a service product, such as VPN Tracker 365, the Customer shall automatically receive new upgrades, updates and patches, which equinux publishes for this software within the purchased term for customers of this software. This does not, however, entail any obligation for equinux to develop and supply upgrades, updates or patches.

equinux shall, within the parameters of the license agreement, make new upgrades, updates and patches available for Customers to download from the equinux website. The information about available upgrades, updates or patches can be reviewed by the Customer on the equinux website.

§ 11 Fees

11.1 Payment due dates

1. The price for the service product is based on the equinux price list which is valid at the time the order is made.
2. The price must be paid in full and in advance by the Customer for the entire contractual term of the agreement before beginning to use the service product.
3. If the fee is not paid by the Customer when due, equinux shall be entitled to withdraw from the agreement.

11.2 Price adjustments

1. equinux reserves the right to adjust the prices of subscription products from time to time (up or down). This may happen due to fluctuations in exchange rates, fee changes due for payment transactions, changes in the acquisition of Internet access-, Server- or Cloud services, changes in royalty rates from third parties, changes in operating costs, or changes in the nature of the service by enabling additional functionality or features.
2. In the case of a price adjustment, equinux will inform customers at least ten days prior to the renewal of the service contract. In this case, the customer is entitled to a special termination right according to §14.

§ 12 Contractual Term

The contractual agreement for the license, shall be concluded for the fixed contractual term of the period ordered by the Customer.

12.1 Service products without automatic renewal

Valid for products listed in Appendix 1, in the case that the option for automatic renewals was deactivated.

For such products, , the contractual agreement shall end automatically at the end of the period ordered by the Customer. In this case, no special termination is required. Unless the Customer activates automatic renewals for his plan according to §12.2, or customer manually renews his plan according to §13 prior to the end of the ordered period. No right exists to prematurely terminate the contract.

12.2 Service products with automatic renewal (subscriptions)

Valid for products listed in Appendix 1

1. Contracts for subscriptions will run for an indefinite period of time, unless otherwise explicitly specified, and commence with the formation of contract.
2. Terminations must be submitted in text form or alternatively using the appropriate account management interface, where text form shall be deemed sufficient. In order to be able to terminate a license, the customer must clearly state which license in which user account he wishes to terminate, ideally by supplying an order confirmation number.
3. The period of cancellation for all subscriptions amounts to one month before the end of the contractual period, unless other agreements were explicitly made on the order page. The applicable date is the date of receipt of the termination by equinux. If no timely termination is received, the subscription will automatically renew itself by the individually agreed contractual term.
4. The right for an extraordinary notice of termination for due cause according to legal regulations remains unaffected.

§ 13 Renewal

In the event that the Customer manually renews his service product without automatic renewal prior to the end of the ordered period, the ordered renewal period shall begin immediately and the customer will be credited for any duration remaining in the previous contract. If the customer has chosen “automatic” renewals, the contract will be renewed indefinitely until it is terminated according to §12.

The prices for the renewal of the services shall be based upon the equinux price list which is valid at the time that the Customer orders a renewal. The fee must be paid in full and in advance by the Customer for the entire renewal period before the renewal period begins. § 11 applies accordingly.

§ 14 Extraordinary termination rights

14.1 Extraordinary termination rights of subscriptions for consumers

If the customer is a consumer according to §1.1, he is entitled to the following extraordinary termination rights for subscriptions:

If a price increase amounts to more than 5% of the price which was valid prior to the increase of the price, the customer is entitled to terminate the contract to the extent of the product, which was affected by the price increase and – insofar the affected product is a requirement for another product – also to the extent of the other product within a period of 6 weeks after receipt of a notification about the increase, with effectiveness of the termination at the date where the price increase takes effect. In case the customer makes use of this extraordinary right of termination, the price increase will not take effect, and the contract will terminate prior to the next renewal. In case the customer does not terminate on or prior to the defined date, the contract will renew at the specified time with the new price.

equinux will specifically inform the customer about his extraordinary termination rights and the consequences of the untimely receipt of a termination in the process of informing the customer about the price increase.

14.2 Extraordinary termination rights of subscriptions for business persons

If the customer is a business person according to §1.2, he is entitled to the following extraordinary termination rights for subscriptions:

If a price increase exceeds a reasonable amount, the customer is entitled to terminate the contract to the extent of the product which was affected by the price increase and– insofar the affected product is a requirement for another product – also to the extent of the other product within a period of 6 weeks after receipt of a notification about the increase, with effectiveness of the termination at the date where the price increase takes effect. In case the customer makes use of this extraordinary right of termination, the price increase will not take effect, and the contract will terminate prior to the next renewal. In case the customer does not terminate on or prior to the due date, the contract will renew at the specified time with the new price.

equinux will specifically inform the customer about his extraordinary termination rights and the consequences of the untimely receipt of a termination in the process of informing the customer about the price increase.

14.3 Extraordinary termination by equinux

If any breach of the license terms by Licensee continues for more than ten (10) days after receipt of written notice of such breach by equinux, equinux may terminate this Agreement by written notice to Licensee, whereupon this Agreement and all rights granted to Licensee herein shall immediately cease. Breach of this Agreement includes, but is not limited to, the use of a user license by multiple users, the use of a user account for usage of the software by multiple team members or Licensee’s failure to pay any license fees when due.

§15 Termination

1. In case of a regular termination, the contract ends respectively on the in §12.2 defined date. In case of an extraordinary termination by equinux according to §14.3, the contract ends effective immediately.
2. With the termination of the contract for any reason, the usage rights granted by the license agreement lapse immediately and the customer is obligated to cease using the software.
3. Within thirty (30) days, the customer must confirm that the usage of the Software has ceased and all copies thereof have been destroyed.
4. In no case, even if the customer uninstalls or discontinues use before the end of the contract period, the customer can assert a right to a refund of the payments made.

§ 16 Management of subscriptions

The customer can manage his subscriptions in the appropriate account management interface listed in Appendix 1.

§ 17 Free Trial Subscription

Some paid subscriptions may offer a free trial before invoicing and charging your payment method. If you choose a trial, your payment method will be charged at the end of the free trial period.

You can cancel a free trial up to 24 hours before the end of the free trial period. If a free trial subscription is not canceled within this period, the free trial subscription will be transitioned into a paid subscription. From this time onward, the terms in §12 apply.

A free trial cannot be reactivated once it has been canceled.

C. Special Provisions for Consumers according to §1.1

§ 18 Right of Revocation for Long-Distance Sales Agreements

Insofar as the customer is a consumer according to §1.1, he shall be entitled to a right of revocation in accordance with §§ 312g Abs. 1, 355 BGB [German Civil Code].

If software which has been purchased via the equinux online store and supplied to the customer by way of download or the sending of a hard box with a data carrier is activated by the customer using the customer’s equinux ID or the activation code which has been issued to the customer by equinux, the right of revocation shall lapse in accordance with § 312g BGB (§ 312g Abs. 2 Nr. 6 BGB).

The right of revocation also lapses in the case of a service contract, when equinux has completed the services and equinux commenced the services, only after the customer has explicitly declared his acceptance and his acknowledgement that he will lose his right of revocation with complete contractual fulfillment by equinux (§ 356 Abs. 4 BGB).

The right of revocation also lapses in case of a contract of delivery of digital goods, not shipped on a physical medium when equinux has commenced the contractual fulfillments after the customer has explicitly declared his acceptance and his acknowledgement that he will lose his right of revocation with complete contractual fulfillment by equinux (§ 356 Abs. 5 BGB).

This means that all software purchases are final.

The customer shall bear the direct costs of the return of the goods, in the event that the right of revocation is exercised.

Right of Revocation (Long-Distance Sales Agreement for the Supplying of Goods)

You may revoke your contractual declaration within 14 days without being required to state reasons for doing so in text form.

The period amounts to fourteen days, starting on the day on which you or a third party known to you, excluding transportation companies, has taken property of the goods.

In order to execute your right of revocation, you must notify us (equinux AG,  Zeitpunkt Haus, Dr.-Johann-Heitzer-Str. 4, 85757 Karlsfeld/München, E-Mail: sales@equinux.de) with a clear statement of your intent to revoke (for example via a letter sent by post, Telefax or email). You may use the attached sample-revocation form, however this is not mandatory.

To ensure your right of revocation, you must notify us that you are executing your right of revocation before the end of the cooling-off period.

Consequences of the Revocation

In the event that a valid revocation is made, we will return all payments made by you, including shipping costs (with the exception of additional costs which were incurred by choosing a transportation mode other than the cheapest offered transportation), immediately and at the latest within fourteen days from the day of receipt of notice of your revocation. For this refund, we will use the same payment method, which you used for your original transaction, unless a superseding agreement with you is explicitly made. In no case will we charge you any handling fees for this refund. We can refuse the refund, until the goods have been returned to us, or you have proven to us that you have returned the goods, depending upon which occurs earlier.

You have to return the goods immediately and in any case no later than fourteen days after we have received your notice of revocation. This term is met, if you ship the goods within a period of fourteen days. You are responsible for the immediate costs for the return of the goods.

You must only compensate us for deterioration of the goods, if the deterioration is attributable to the goods being handled in a way that exceeds that of an examination that is required to determine the quality, features and functionality of the goods.

– End of the Right of Revocation  –

Right of Revocation (Long-Distance Sales Agreements for the Rendering of Services, or the delivery of digital content, which is not delivered on a physical media)

Right of Revocation

You may revoke your contractual declaration within 14 days without being required to state reasons for doing so in text form.

The period amounts to fourteen days, starting on the day on which you or a third party known to you, excluding transportation companies, has taken property of the goods.

In order to execute your right of revocation, you must notify us (equinux AG,  Zeitpunkt Haus, Dr.-Johann-Heitzer-Str. 4, 85757 Karlsfeld/München, E-Mail: sales@equinux.de) with a clear statement of your intent to revoke (for example via a letter sent by post, Telefax or email). You may use the attached sample-revocation form, however this is not mandatory.

To ensure your right of revocation, you must send us your notice of your execution of your right of revocation before the end of the cooling-off period.

Consequences of the Revocation

In the event that a valid revocation is made, we will return all payments made by you, including shipping costs (with the exception of additional costs which were incurred by choosing a transportation mode other than the cheapest offered transportation), immediately and at the latest within fourteen days from the day of receipt of your notice of your revocation. For this refund, we will use the same payment method used for the original transaction, unless a superseding agreement with you is explicitly made. In no case will we charge you any handling fees for this refund. We can refuse the refund, until we have received the return of the goods, or you have proven to us that you have returned the goods, depending upon which occurs earlier.

In case that you have requested that the services start during the revocation period, you are required to compensate with an amount equivalent to the portion of service provided up to the point at which the revocation was received in relation to the total sum of services agreed to in the contract.

– End of the Right of Revocation  –

Example form for your notice of revocation

„(If you wish to revoke your contract, please fill out this form and return it to us.)

• To: equinux AG,  Zeitpunkt Haus, Dr.-Johann-Heitzer-Str. 4, 85757 Karlsfeld/München, E-Mail: sales@equinux.de

• Hereby I/we (*) revocate the contract over the purchase of the following Goods/Services (*)

• Ordered on (*)/received on (*)

• Name of recipient

• Address of recipient

• Signature of recipient (only required for paper notices)

• Date

(*) Please delete where inapplicable.”

The Customer was also informed of the details of the right of revocation by right of revocation instructions which were separately submitted to him/her (before the conclusion of the contractual agreement).

Legal warranty rights apply to all goods in the equinux Online-Store.

D. Special Provisions for Business Persons (including resellers) according to §1.2

If a customer is a business person according to §1.2, the following provisions shall apply:

§ 19 Statutory Warranty

The statutory  warranty period shall amount to twelve (12) months from delivery of the goods to the Customer. If software purchased by the Customer is transmitted to the latter for downloading, the warranty period shall commence upon activating the licensed software for the first time by entering the equinux ID of the Customer or the activation code which has been issued to the Customer by equinux.

§ 20 Liability

Liability on the part of equinux for breaches of contractual obligations which are not primary obligations shall be excluded, insofar as such breaches result from slight negligence. Liability on the part of equinux for breaches of primary obligations based on slight negligence shall be limited to typical damage which is foreseeable at the time of concluding the contract.

§ 21 Delivery reservations

Delivery shall be subject to due and timely receipt of its own supplies by equinux, including preliminary products required for equinux products.

E. Other Agreements

§22 Audit

equinux may audit the use of the software by the customer, provided that equinux announces such an audit in writing or in text form 30 days in advance. The customer undertakes to assist with the audit and to support equinux to a reasonable extent and to grant sufficient access to information. In addition, the customer undertakes to pay any underpaid fees within 30 days of a written request by equinux. If payment is not made, equinux is entitled to extraordinarily terminate any technical support, the license agreement and this contract. The customer agrees that equinux is not responsible for any costs incurred by the customer in assisting with an audit.

§ 23 Place of jurisdiction

Insofar as the Customer is a business person, the Munich Courts shall have sole jurisdiction in the event of any disputes arising out of or in connection with business relations between the Customer and equinux. equinux shall however be entitled to take legal action against the Customer at its place of registration or place of business.

- End of the Sales policies -

Revised: July 1st, 2022

Appendix 1