1. Contract agreement
1. a contract over achievements of deweblop comes off with the acceptance of the request of the client for conclusion of a contract through deweblop on basis of these trading conditions.
2. deweblop the contribution of the achievement for the client can make dependent on a pre-payment and/or an endorsement explanation of a bank at any time and/or require an appropriate advance.
3. Trading conditions of the client and/or a priority of special agreements of the following apply only, if these contained in the product description or into the contract were included in writing.
4. deweblop a change of the prices reserves itself with continuous obligations, which are announced with appropriate period.
5. As well as deweblop with stop of the work wished by the client used coworker not otherwise to employ, is obligated the client knows to recompense these waiting periods deweblop with 60% of the usual sentences.
2. Capacity
1. the range of the achievements of deweblop results either from current in each case the product description/price list with the contract conclusion. This can be requested with deweblop or be called up on electronic way for example via InterNet, or from other in writing laid down performance specifications.
2. deweblop it is open too to extend and improvements make achievements and is justified furthermore to change achievements and/or to redefine, as far as thereby no substantial achievement losses for the client are caused.
3. Price adjustments or substantial changes of achievement apply, as far as no contradiction takes place on the appropriate notification within 4 weeks, as if authorized.
4. As far as deweblop free services and achievements (complaisance services), can this furnishes at any time and without advance notice is adjusted.
5. deweblop, the execution of contractual is justified (through third part)Leistungen implement to let.
6. The prices for goods deliveries understand themselves including the usual packing.
3. Notice of the contract
1. with continuous obligations without minimum running time is subject to notice the contractual relation for both contracting parties with one period from 90 days to the quarter end.
2. With continuous obligations with minimum running time the tidy notice for both contracting parties is at the earliest possible for execution of the minimum running time. The notice must go toward to the notice receiver at least six weeks the day ago, on which it is to become effective.
3. The right of the contracting parties for the premature notice of the respective contractual relation for important reason remains unaffected.
4. deweblop the extraordinary notice can explain to the client, if this with paying of invoice amounts for two due monthly achievement lump sums or a substantial part of two monthly accounts in delay of payment is.
5. By the completion of the contractual relation over an achievement all remaining contractual relations between the contracting parties remain unaffected.
4. Terms of payment, goods deliveries
1. deweblop can calculations against the client to a calendar-moderately assignable time due place, which lies at least ten days after invoice date. It does not require a further reminder to the laches.
2. With continuous obligations are achievement-repay, beginning with the day of the achievement supply to pay for the remainder of the monthly proportionately. Afterwards are these repay monthly up to 1st of each monthly in advance to pay in each case, whereby the client is obligated to give at the request of deweblop this a debit authorization. Repay for parts of a calendar month for each day with 1/30 of the monthly payment are computed.
3. Other one repays is - without prejudice to an advance payment obligation - after contribution of the achievement to pay deweblop can however for the subsequent month the achievement repaying an additional expenditure impact in addition-compute, which depends on the previous month multi-arising (Heraufstufung). Decrease in consumption is charged regarding the subsequent calculation and the volume relay is down-gradated.
4. Objections against payment accounts of deweblop are immediately after calculation receipt, but at the latest however 6 weeks after account or invoice date, without thereby however the maturity is affected to raise. The omission of punctual objections is considered as permission.
5. Supplied commodity remains up to the complete payment of the purchase price property of deweblop; the pledge or transfer by way of security is inadmissible. Processing or reorganization takes place always for deweblop as manufacturers, however without obligation for deweblop. It expires (with)Eigentum of deweblop by connection or sale, then is considered as agreed upon that the requirements of the client - with connection proportional value-moderately -, resulting from it, ignore it on deweblop deweblop remain reserved, to cancel by explanation to the client the transfer. The danger goes with message of the stock availability or as soon as the commodity for dispatching the business premises of deweblop left, over deweblop is entitled to partial deliveries and part deliveries, if such is not evident to the client of interest.
5. Delay of payment
1. with delay of payment of the client is entitled deweblop to refuse the contribution of further achievements - if necessary also from other contracts - without prejudice to the obligation of the client to paying its liabilities.
2. With delay of payment is entitled deweblop in addition to compute from the time concerned at interest at a value of 5% over the LRG set of the European central bank as far as deweblop no higher or the client no smaller damage prove. For each not redeemed or gone back debit the client has deweblop the developed costs to the full extent to replace deweblop can without damage/expenditure statement a cost lump sum of EUR 7.50 require.
3. If the client comes for two following each other months with the payment repays and/or an insignificant part does not repay or in one period, which extends over more than two months, with the payment repay at amount, which achieves the monthly basic payment for two months, in delay, then deweblop the contractual relation without adherence to one period can quit.
4. In the case of the delay of payment with a not insignificant part of the invoice amount or the endangerment of the demand for payment of deweblop because of a degradation of financial circumstances of the client i.S.d.. 321 BGB is entitled deweblop to place all demands immediately due.
5. The asserting of further requirements because of delay of payment remains reserving deweblop.
6. Secrecy, discretion, data security
1. the client becomes hereby in accordance with. 33 Abs. 1 of the Federal Law for Data Protection as well as. it informs 4 the Teledienst data security regulation of the fact that deweblop its company and address in machine-readable form and for tasks, which result from the contract process by machine.
2. deweblop commits ourselves, all your information and documents accessible in connection with the contract conclusion, which are called confidential, or after other circumstances clearly as business or trade secrets of the client recognizable are to keep secret and they - so far not to the reaching of the contract purpose required - neither note nor pass on or use.
3. deweblop it has by suitable contractual agreements with the employees and employees active for it and/or assigned guaranteed that also these omit each own utilization, passing on or unauthorized recording of such business and trade secrets.
4. Appropriate obligations meet the client regarding business and trade secrets of deweblop, this apply in particular also to the ideas and concepts brought during development phase/co-operation to the knowledge.
5. deweblop and the client guarantees that in particular their assigned for contract execution, and/or executing aides beyond managing regulation also the data secrecy protected.
7. Limitation of liability
1. Claims for damages from impossibility of the achievement, positive demand injury, being to blame for when contract conclusion and bad action are both opposite deweblop as well as in relation to their fulfilment and performing assistants impossible, as far as deliberate or roughly negligent acting is not present.
2. deweblop it is not responsible for the information neither for their completeness, conveyed over their services, correctness or topicality, still for the fact that they are free of rights third or the transmitter acts illegally, by conveying the information.
3. If a damage-causing event on transmission paths of a third carrier occurred, then surrenders deweblop all requirements resulting from it freely becoming to the client.
4. Achievement contribution and achievement delays due to higher force and due to events, deweblop the achievement substantially make more difficult or make impossible - to it belongs in particular strike, lockout, official arrangements, which loss of communications networks and gateways of other operators, disturbances within the range of the services of third Carriern, even if they occur at suppliers or subcontractors operators of Subknotenrechnern, authorized of deweblop or their subcontractor, subcontractors and/or with from deweblop - have deweblop also with obligatorily agreed upon periods and dates not to represent. These entitle deweblop, if necessary the achievement around the duration of the delay to postpone plus an appropriate starting time. Otherwise lies case impossibility forwards
5. if not different regulations in this trading conditions adhesion exclude, is it with damage, which by the demand deweblop services of the transmission and storage data, and with damage, which developed, because required storage or transmission did not take place from data through deweblop, for the height after on 2.500,00 EUR limited, as far as resolution or rough negligence is not present.
6. The adhesion for damage, which is caused by the employment of deweblop supplied or installed hard and software, is limited the height after on 2.500,00 EUR, as far as deliberate or roughly negligent acting is not present.
7. The client is well-known that due to maintenance -, restructuring or capacity at short notice and temporarily limited or to be available does not know other work on technical mechanisms, that deweblop is as far as possible endeavored, cannot this however not assure to accomplish such achievement restrictions in the time in which due to empirical values the achievement is not taken regularly strongly in requirement.
8. set-off -, reduction and retaining right, reimbursement
1. Against requirements of deweblop the client can up-count only on undisputed or validly determined requirements. To that clients is entitled the asserting of a right of lien only because of counterclaims from the present Treaty.
2. Lasts if a handicap, which is substantial, longer than two weeks on, the customer is entitled, the monthly repays starting from the time of the entrance of the handicap up to the next last date for giving notice to reduce accordingly. A substantial handicap is present, if the customer no more on the deweblop infrastructure and thus the services registered in the confirmation of order do not access any longer to use cannot the use of these services altogether is substantially difficult and/or the use of the individual services registered in the confirmation of order becomes impossible or comparable restrictions are present.
3. With losses of services because of one outside of the area of responsibility of deweblop lying disturbance no reimbursement takes place from repaying. In all other respects down-times are refunded only if deweblop or one of their fulfilment or performing assistants caused the error at least negligently and the down-time area over more than one working-day extends.
4. If the client states the fact that him did not compute achievements from him or third, for which he has to in-be entitled, caused is, then he must prove this.
9. Guarantee
1. In cases of guarantee deweblop the right has for rework. If this does not succeed within appropriate period and if it strikes also within a further appropriate respite, which the client set deweblop, wrongly, in accordance with condition of the trading conditions of deweblop the legal warranty laws are entitled to the client.
2. Guarantee-desire are deweblop regularly immediate, but always written and under indication of the closer circumstances of the occurrence of the complained of error, as well as the effects to communicate deweblop can make their rework actions dependent on being present managing conditions. The client is of deweblop if necessary provided forms for failure report used.
3. The guarantee period begins with (part)Abnahme, in other cases, as legally regulated. The guarantee period amounts to 6 months, as far as no other written agreement was met.
10. Area of jurisdiction and other general conditions
1. With all from the contractual relation indirectly or resulting in disputes exclusive area of jurisdiction is direct itself from the seat of deweblop resulting in court district deweblop is however also entitled at the seat of the client to be complained.
2. The client has deweblop within a monthly: - everyone by succession or other total right follow-up caused change in the person of the client, - at not-legally responsible commercial companies, inheriting communities, not-legally responsible associations, societies of civil right or client communities the Hinzutreten or separating persons to indicate - each change of the name of the client or the designation, under whom it is led in the operating documents of deweblop, as well as address changes.
3. Place of delivery is the seat of deweblop. Enamels are also considered as set, if they were accepted by the Adressatenmailserver. Coding or signature of the messages and data takes place only on express written agreement.
4. The transmission of rights and obligations from the present Treaty is permitted the client only with written agreement of deweblop.
5. In the range of application of the telecommunications customer protection regulation of them proceeds any compelling right of different phrased regulations of these regulations. Also the product liability law remains unaffected, just like manufacturer warranties.
6. deweblop becomes active in all rule only due to its general trading conditions. Already with first access to the network of deweblop and/or to use of the services of deweblop these conditions are considered as accepted. One contradicts to counter attestations of the user under reference to his business and/or purchasing conditions hereby. Agreements, which deviate from the points indicated here, require writing. If a regulation in these general trading conditions should be ineffective or become, then it has to be replaced to the sense of the regulation by appropriate valid regulation. All remaining regulations remain. This applies also to the case of a gap.
7. Valid are the offers of deweblop. Validly, are agreed upon power of the clients of (folder -) the product description deviations, then it has to prove this in the doubt.
8. The present Treaty is subject to German right, in particular UrhG, BGB and HGB. The application of the Viennese of UN convention over contracts over the international goods sales is impossible.
Supplementing regulations for software development and Design
I. Execution of the achievements, periods, changes
1. The execution of the respective achievements (performance phases) orients itself at the schedule set up for the realization of the project, otherwise after discretion of deweblop. Delays if necessary arising because of co-operation lacking of the client are to be brought by the periods for deweblop in departure. It recognizes deweblop that the technical fine specification is incorrectly, incompletely, objectively not executably or not clear, then deweblop this will communicate to the client immediately after knowledge. The client will provide for the correction and adjustment of the technical fine specification within appropriate period. Or because of their adjustment, the client recompenses delays or additional expenditure because of more unsatisfactory or in the absence of a fine specification deweblop on separately. Any dates or periods become void with not completely slight delays or additional expenditure by such deficits. The delays or additional expenditure can be due to analysis and working on expenditure regarding the fine specification as well as their adjustment and additional work, remachining and changes at the project and/or have this consequence.
2. To all achievements, which are later agreed upon, applies the current price list of deweblop or the the present Treaty taken as a basis deferment of payment /day rate, in the absence of such, the usual. For changes or auxiliary desires the client gives deweblop a formal test work order against payment deweblop can the work on the project in all other respects stop or interrupt, if the implementing coworkers are needed for the treatment of the test work order or in the case of the agreement over changes or auxiliary desire their execution the work on the project affect can and this makes possibly redundant deweblop to the client the inspection result and - in the case of the reasonableness - at the same time its conditions execution will communicate. The client will communicate immediately whether he accepts this offer. In the case of refusal it remains with the original capacity.
3. In the case escape the realization over the incorrect fine specification and/or distribution of a test work order possibly as firmly agreed upon dates or periods. As far as the execution of the changes has effects on the contractual obligations of the parties, the parties will plan a written adjustment of this regulation immediately, in particular the remuneration. If no such express agreement comes off, however the work wished by the customer is accomplished, is additional them during a fixed price agreement after. to recompense 612/632 BGB appropriately, which in the doubt it means that also in this case the usual sentences of deweblop are used.
4. Each of the performance phases (also sucked. Release by the client) decreases the client separately. This applies in particular with Milestones resulting from the project plan or comparable project sections deweblop is justified to make further work dependent on a partial acceptance. The acceptance is considered as tacitly effected, if (i.e. after an appropriate inspection validity period) one does not contradict to the achievements of the following performance phase in writing immediately. As far as individual lack are reprimanded, these are to be held in minutes and set if necessary deweblop immediately. Obvious lack, which were not taken up to minutes, cannot be made later by the client against deweblop any longer valid. By the reduction of a performance phase their result becomes the obligatory basis of the further achievements.
5. In principle the place of the achievement contribution depends on the seat of deweblop.
II. Concerning the sphere of deweblop
1. Data work/concept created which can be created concretely of deweblop, and/or and/or the software is based after its knowledge conditions on personally mental achievement result/compositions. A warranty for the novelty that, going beyond this explanation, the achievement underlying idea cannot be given.
2. The adhesion of deweblop from the injury of contract-substantial obligations is limited with more easily negligence for indirect damage to an amount, which does not exceed the developed loss and escaped profit of the client, and which deweblop with conclusion of a contract with consideration of the circumstances, knew or would have had to know, and/or which would have had to foresee deweblop as possible consequence of the violation of contract. For the case of the achievement delay or of deweblop additional impossibility of the achievement which can be represented the requirement on payment of damages, being entitled, because of default it is limited for the client there that after the height only up to 50% of the total fee and for direct damage is responsible.
3. With an acceptance if lack were held, then deweblop these specified as in writing, otherwise in accordance with the general conditions to eliminate.
4. deweblop vacates the client starting from the time, starting from which the relevant performance calculations are completely settled of deweblop by the client and another was agreed upon so far not in writing - at its furnished achievement a simple, temporally and locally however unrestricted use and utilization license in. Over it going out use and utilization actions require the written agreement and/or permission of deweblop. If the development by programs (software) or data works and/or data bases is owed, the client receives only then unrestricted and exclusive the right of disposal and use for the entire result through deweblop of the accomplished achievements, if this is expressly agreed upon. The delivery of source code takes place likewise then only if this were expressly agreed upon. The right to use at one of deweblop developed or supplied achievement covers the use and the duplication for the internal use of the client. The client may in all other respects make the product accessible neither as a whole nor in parts third. The transfer or transmission of the rights to use may not take place without agreement of the contractors.
III. Concerning the sphere of the contractor
1. The client assures deweblop that you are free handed over materials to training into the data work and/or the software from patent rights third. Should be taken up deweblop however of third because of alleged patent right injury, the client exempts deweblop immediately due from any expenditures and (fortune -) damage. This applies in particular to any necessary costs (also fee advances) of an appropriate defense. The client will possibly make deweblop the documents and the information as well as necessary areas necessary for the completion of the work, personnel and devices available immediately. The contracting parties will obtain in individual cases agreement over it when and in which way these co-operation achievements of the client are to be furnished. Their extent depends in particular on the kind of deweblop to furnishing achievements. The client commits itself to the punctual supply of test datas, which are representative regarding extent, structure and arrangement for future application. The details regarding the exact development of the test datas and their extent still gives deweblop in the case of need, if the contracting parties do not specify this by agreement with one another. The client will in time make available, acquires the software necessary mechanisms which can be provided for the installation or the enterprise to that or deweblop for this to assign, in particular the necessary operating system, data base -, telecommunications and service of programs (Tools) in the current in each case and/or necessary version, as well as necessary other software. The client provides for the necessary rights to use. Also the care, in particular the actualization of such software, which the client makes available, is thing of the client.
2. The client will support deweblop with the malfunction detection and removal and insight into the documents will immediately grant, from which the closer circumstances of the occurrence lack result. The warranty claims of the client cannot be made valid of this any longer, if he accomplished changes at the software without previous written agreement or third let accomplish, it is, the client proves that these changes are not to make the guarantee work, in particular the analysis and removal work more difficult on the part of deweblop or only insignificantly and to be attributed the announced lack not to this change. If announced lack are not to be added deweblop, the client will recompense deweblop the expenditure of time and the resulted costs (in particular journeys to the usual sentences).
3. Because of unsatisfactory fine specification or because of their adjustment the client recompenses delays or additional expenditure deweblop on separately. For changes or auxiliary desires the client gives deweblop a formal test work order against payment. On on that a performance the client will immediately communicate provision width unit, accepts on he this offer. In the case of refusal it remains with the original capacity.
4. The right to use at achievement results can be transferred only with agreement of deweblop to third. The agreement can be given expressly or konkludent already in the performance specification, in which the execution of the respective project is agreed upon. It is agreed upon that of deweblop to third will transfer the right to use for an achievement can, must carry all copies the original copyright note as well as all other note concerning protection.
IV. Miscellaneous
1. As communication ways in particular also the conventional phone calls as well as the information transfer are considered via internet. For transparent, appropriate communication the parties want to communicate regularly over E-Mail. The parties code or mark electronic messages and data only on express written agreement. The archive data exchange between the parties takes place on the one hand either by means of file transfer minutes (ftp) or by hypertext transfer minutes (HTTP) and on the other hand via permanent memory (e.g. CD-ROM). As far as ISP of services by deweblop for execution communication and data exchange are taken up, apply the general trading conditions of deweblop to ISP services. The parties commit themselves to the mutual immediate introduction from measures to clarifying, as far as starting points become evident to any disturbances with the feed of E-Mail (e.g. sucked. ' bounce' messages).
2. If in connection with the contractual item (software development or execution of other projects) requirements are made valid concerning excludingness because of the injury by right, the client is held to inform deweblop immediately in writing. The client will make no substantial procedural acts without previous agreement of deweblop and will leave deweblop on demands the defense against such requirements, in particular the processing including a conclusion of a compromise.
Validity period for our contracts (conditions: starting from 1st of March 2000)
1. a contract over achievements of deweblop comes off with the acceptance of the request of the client for conclusion of a contract through deweblop on basis of these trading conditions.
2. deweblop the contribution of the achievement for the client can make dependent on a pre-payment and/or an endorsement explanation of a bank at any time and/or require an appropriate advance.
3. Trading conditions of the client and/or a priority of special agreements of the following apply only, if these contained in the product description or into the contract were included in writing.
4. deweblop a change of the prices reserves itself with continuous obligations, which are announced with appropriate period.
5. As well as deweblop with stop of the work wished by the client used coworker not otherwise to employ, is obligated the client knows to recompense these waiting periods deweblop with 60% of the usual sentences.
2. Capacity
1. the range of the achievements of deweblop results either from current in each case the product description/price list with the contract conclusion. This can be requested with deweblop or be called up on electronic way for example via InterNet, or from other in writing laid down performance specifications.
2. deweblop it is open too to extend and improvements make achievements and is justified furthermore to change achievements and/or to redefine, as far as thereby no substantial achievement losses for the client are caused.
3. Price adjustments or substantial changes of achievement apply, as far as no contradiction takes place on the appropriate notification within 4 weeks, as if authorized.
4. As far as deweblop free services and achievements (complaisance services), can this furnishes at any time and without advance notice is adjusted.
5. deweblop, the execution of contractual is justified (through third part)Leistungen implement to let.
6. The prices for goods deliveries understand themselves including the usual packing.
3. Notice of the contract
1. with continuous obligations without minimum running time is subject to notice the contractual relation for both contracting parties with one period from 90 days to the quarter end.
2. With continuous obligations with minimum running time the tidy notice for both contracting parties is at the earliest possible for execution of the minimum running time. The notice must go toward to the notice receiver at least six weeks the day ago, on which it is to become effective.
3. The right of the contracting parties for the premature notice of the respective contractual relation for important reason remains unaffected.
4. deweblop the extraordinary notice can explain to the client, if this with paying of invoice amounts for two due monthly achievement lump sums or a substantial part of two monthly accounts in delay of payment is.
5. By the completion of the contractual relation over an achievement all remaining contractual relations between the contracting parties remain unaffected.
4. Terms of payment, goods deliveries
1. deweblop can calculations against the client to a calendar-moderately assignable time due place, which lies at least ten days after invoice date. It does not require a further reminder to the laches.
2. With continuous obligations are achievement-repay, beginning with the day of the achievement supply to pay for the remainder of the monthly proportionately. Afterwards are these repay monthly up to 1st of each monthly in advance to pay in each case, whereby the client is obligated to give at the request of deweblop this a debit authorization. Repay for parts of a calendar month for each day with 1/30 of the monthly payment are computed.
3. Other one repays is - without prejudice to an advance payment obligation - after contribution of the achievement to pay deweblop can however for the subsequent month the achievement repaying an additional expenditure impact in addition-compute, which depends on the previous month multi-arising (Heraufstufung). Decrease in consumption is charged regarding the subsequent calculation and the volume relay is down-gradated.
4. Objections against payment accounts of deweblop are immediately after calculation receipt, but at the latest however 6 weeks after account or invoice date, without thereby however the maturity is affected to raise. The omission of punctual objections is considered as permission.
5. Supplied commodity remains up to the complete payment of the purchase price property of deweblop; the pledge or transfer by way of security is inadmissible. Processing or reorganization takes place always for deweblop as manufacturers, however without obligation for deweblop. It expires (with)Eigentum of deweblop by connection or sale, then is considered as agreed upon that the requirements of the client - with connection proportional value-moderately -, resulting from it, ignore it on deweblop deweblop remain reserved, to cancel by explanation to the client the transfer. The danger goes with message of the stock availability or as soon as the commodity for dispatching the business premises of deweblop left, over deweblop is entitled to partial deliveries and part deliveries, if such is not evident to the client of interest.
5. Delay of payment
1. with delay of payment of the client is entitled deweblop to refuse the contribution of further achievements - if necessary also from other contracts - without prejudice to the obligation of the client to paying its liabilities.
2. With delay of payment is entitled deweblop in addition to compute from the time concerned at interest at a value of 5% over the LRG set of the European central bank as far as deweblop no higher or the client no smaller damage prove. For each not redeemed or gone back debit the client has deweblop the developed costs to the full extent to replace deweblop can without damage/expenditure statement a cost lump sum of EUR 7.50 require.
3. If the client comes for two following each other months with the payment repays and/or an insignificant part does not repay or in one period, which extends over more than two months, with the payment repay at amount, which achieves the monthly basic payment for two months, in delay, then deweblop the contractual relation without adherence to one period can quit.
4. In the case of the delay of payment with a not insignificant part of the invoice amount or the endangerment of the demand for payment of deweblop because of a degradation of financial circumstances of the client i.S.d.. 321 BGB is entitled deweblop to place all demands immediately due.
5. The asserting of further requirements because of delay of payment remains reserving deweblop.
6. Secrecy, discretion, data security
1. the client becomes hereby in accordance with. 33 Abs. 1 of the Federal Law for Data Protection as well as. it informs 4 the Teledienst data security regulation of the fact that deweblop its company and address in machine-readable form and for tasks, which result from the contract process by machine.
2. deweblop commits ourselves, all your information and documents accessible in connection with the contract conclusion, which are called confidential, or after other circumstances clearly as business or trade secrets of the client recognizable are to keep secret and they - so far not to the reaching of the contract purpose required - neither note nor pass on or use.
3. deweblop it has by suitable contractual agreements with the employees and employees active for it and/or assigned guaranteed that also these omit each own utilization, passing on or unauthorized recording of such business and trade secrets.
4. Appropriate obligations meet the client regarding business and trade secrets of deweblop, this apply in particular also to the ideas and concepts brought during development phase/co-operation to the knowledge.
5. deweblop and the client guarantees that in particular their assigned for contract execution, and/or executing aides beyond managing regulation also the data secrecy protected.
7. Limitation of liability
1. Claims for damages from impossibility of the achievement, positive demand injury, being to blame for when contract conclusion and bad action are both opposite deweblop as well as in relation to their fulfilment and performing assistants impossible, as far as deliberate or roughly negligent acting is not present.
2. deweblop it is not responsible for the information neither for their completeness, conveyed over their services, correctness or topicality, still for the fact that they are free of rights third or the transmitter acts illegally, by conveying the information.
3. If a damage-causing event on transmission paths of a third carrier occurred, then surrenders deweblop all requirements resulting from it freely becoming to the client.
4. Achievement contribution and achievement delays due to higher force and due to events, deweblop the achievement substantially make more difficult or make impossible - to it belongs in particular strike, lockout, official arrangements, which loss of communications networks and gateways of other operators, disturbances within the range of the services of third Carriern, even if they occur at suppliers or subcontractors operators of Subknotenrechnern, authorized of deweblop or their subcontractor, subcontractors and/or with from deweblop - have deweblop also with obligatorily agreed upon periods and dates not to represent. These entitle deweblop, if necessary the achievement around the duration of the delay to postpone plus an appropriate starting time. Otherwise lies case impossibility forwards
5. if not different regulations in this trading conditions adhesion exclude, is it with damage, which by the demand deweblop services of the transmission and storage data, and with damage, which developed, because required storage or transmission did not take place from data through deweblop, for the height after on 2.500,00 EUR limited, as far as resolution or rough negligence is not present.
6. The adhesion for damage, which is caused by the employment of deweblop supplied or installed hard and software, is limited the height after on 2.500,00 EUR, as far as deliberate or roughly negligent acting is not present.
7. The client is well-known that due to maintenance -, restructuring or capacity at short notice and temporarily limited or to be available does not know other work on technical mechanisms, that deweblop is as far as possible endeavored, cannot this however not assure to accomplish such achievement restrictions in the time in which due to empirical values the achievement is not taken regularly strongly in requirement.
8. set-off -, reduction and retaining right, reimbursement
1. Against requirements of deweblop the client can up-count only on undisputed or validly determined requirements. To that clients is entitled the asserting of a right of lien only because of counterclaims from the present Treaty.
2. Lasts if a handicap, which is substantial, longer than two weeks on, the customer is entitled, the monthly repays starting from the time of the entrance of the handicap up to the next last date for giving notice to reduce accordingly. A substantial handicap is present, if the customer no more on the deweblop infrastructure and thus the services registered in the confirmation of order do not access any longer to use cannot the use of these services altogether is substantially difficult and/or the use of the individual services registered in the confirmation of order becomes impossible or comparable restrictions are present.
3. With losses of services because of one outside of the area of responsibility of deweblop lying disturbance no reimbursement takes place from repaying. In all other respects down-times are refunded only if deweblop or one of their fulfilment or performing assistants caused the error at least negligently and the down-time area over more than one working-day extends.
4. If the client states the fact that him did not compute achievements from him or third, for which he has to in-be entitled, caused is, then he must prove this.
9. Guarantee
1. In cases of guarantee deweblop the right has for rework. If this does not succeed within appropriate period and if it strikes also within a further appropriate respite, which the client set deweblop, wrongly, in accordance with condition of the trading conditions of deweblop the legal warranty laws are entitled to the client.
2. Guarantee-desire are deweblop regularly immediate, but always written and under indication of the closer circumstances of the occurrence of the complained of error, as well as the effects to communicate deweblop can make their rework actions dependent on being present managing conditions. The client is of deweblop if necessary provided forms for failure report used.
3. The guarantee period begins with (part)Abnahme, in other cases, as legally regulated. The guarantee period amounts to 6 months, as far as no other written agreement was met.
10. Area of jurisdiction and other general conditions
1. With all from the contractual relation indirectly or resulting in disputes exclusive area of jurisdiction is direct itself from the seat of deweblop resulting in court district deweblop is however also entitled at the seat of the client to be complained.
2. The client has deweblop within a monthly: - everyone by succession or other total right follow-up caused change in the person of the client, - at not-legally responsible commercial companies, inheriting communities, not-legally responsible associations, societies of civil right or client communities the Hinzutreten or separating persons to indicate - each change of the name of the client or the designation, under whom it is led in the operating documents of deweblop, as well as address changes.
3. Place of delivery is the seat of deweblop. Enamels are also considered as set, if they were accepted by the Adressatenmailserver. Coding or signature of the messages and data takes place only on express written agreement.
4. The transmission of rights and obligations from the present Treaty is permitted the client only with written agreement of deweblop.
5. In the range of application of the telecommunications customer protection regulation of them proceeds any compelling right of different phrased regulations of these regulations. Also the product liability law remains unaffected, just like manufacturer warranties.
6. deweblop becomes active in all rule only due to its general trading conditions. Already with first access to the network of deweblop and/or to use of the services of deweblop these conditions are considered as accepted. One contradicts to counter attestations of the user under reference to his business and/or purchasing conditions hereby. Agreements, which deviate from the points indicated here, require writing. If a regulation in these general trading conditions should be ineffective or become, then it has to be replaced to the sense of the regulation by appropriate valid regulation. All remaining regulations remain. This applies also to the case of a gap.
7. Valid are the offers of deweblop. Validly, are agreed upon power of the clients of (folder -) the product description deviations, then it has to prove this in the doubt.
8. The present Treaty is subject to German right, in particular UrhG, BGB and HGB. The application of the Viennese of UN convention over contracts over the international goods sales is impossible.
Supplementing regulations for software development and Design
I. Execution of the achievements, periods, changes
1. The execution of the respective achievements (performance phases) orients itself at the schedule set up for the realization of the project, otherwise after discretion of deweblop. Delays if necessary arising because of co-operation lacking of the client are to be brought by the periods for deweblop in departure. It recognizes deweblop that the technical fine specification is incorrectly, incompletely, objectively not executably or not clear, then deweblop this will communicate to the client immediately after knowledge. The client will provide for the correction and adjustment of the technical fine specification within appropriate period. Or because of their adjustment, the client recompenses delays or additional expenditure because of more unsatisfactory or in the absence of a fine specification deweblop on separately. Any dates or periods become void with not completely slight delays or additional expenditure by such deficits. The delays or additional expenditure can be due to analysis and working on expenditure regarding the fine specification as well as their adjustment and additional work, remachining and changes at the project and/or have this consequence.
2. To all achievements, which are later agreed upon, applies the current price list of deweblop or the the present Treaty taken as a basis deferment of payment /day rate, in the absence of such, the usual. For changes or auxiliary desires the client gives deweblop a formal test work order against payment deweblop can the work on the project in all other respects stop or interrupt, if the implementing coworkers are needed for the treatment of the test work order or in the case of the agreement over changes or auxiliary desire their execution the work on the project affect can and this makes possibly redundant deweblop to the client the inspection result and - in the case of the reasonableness - at the same time its conditions execution will communicate. The client will communicate immediately whether he accepts this offer. In the case of refusal it remains with the original capacity.
3. In the case escape the realization over the incorrect fine specification and/or distribution of a test work order possibly as firmly agreed upon dates or periods. As far as the execution of the changes has effects on the contractual obligations of the parties, the parties will plan a written adjustment of this regulation immediately, in particular the remuneration. If no such express agreement comes off, however the work wished by the customer is accomplished, is additional them during a fixed price agreement after. to recompense 612/632 BGB appropriately, which in the doubt it means that also in this case the usual sentences of deweblop are used.
4. Each of the performance phases (also sucked. Release by the client) decreases the client separately. This applies in particular with Milestones resulting from the project plan or comparable project sections deweblop is justified to make further work dependent on a partial acceptance. The acceptance is considered as tacitly effected, if (i.e. after an appropriate inspection validity period) one does not contradict to the achievements of the following performance phase in writing immediately. As far as individual lack are reprimanded, these are to be held in minutes and set if necessary deweblop immediately. Obvious lack, which were not taken up to minutes, cannot be made later by the client against deweblop any longer valid. By the reduction of a performance phase their result becomes the obligatory basis of the further achievements.
5. In principle the place of the achievement contribution depends on the seat of deweblop.
II. Concerning the sphere of deweblop
1. Data work/concept created which can be created concretely of deweblop, and/or and/or the software is based after its knowledge conditions on personally mental achievement result/compositions. A warranty for the novelty that, going beyond this explanation, the achievement underlying idea cannot be given.
2. The adhesion of deweblop from the injury of contract-substantial obligations is limited with more easily negligence for indirect damage to an amount, which does not exceed the developed loss and escaped profit of the client, and which deweblop with conclusion of a contract with consideration of the circumstances, knew or would have had to know, and/or which would have had to foresee deweblop as possible consequence of the violation of contract. For the case of the achievement delay or of deweblop additional impossibility of the achievement which can be represented the requirement on payment of damages, being entitled, because of default it is limited for the client there that after the height only up to 50% of the total fee and for direct damage is responsible.
3. With an acceptance if lack were held, then deweblop these specified as in writing, otherwise in accordance with the general conditions to eliminate.
4. deweblop vacates the client starting from the time, starting from which the relevant performance calculations are completely settled of deweblop by the client and another was agreed upon so far not in writing - at its furnished achievement a simple, temporally and locally however unrestricted use and utilization license in. Over it going out use and utilization actions require the written agreement and/or permission of deweblop. If the development by programs (software) or data works and/or data bases is owed, the client receives only then unrestricted and exclusive the right of disposal and use for the entire result through deweblop of the accomplished achievements, if this is expressly agreed upon. The delivery of source code takes place likewise then only if this were expressly agreed upon. The right to use at one of deweblop developed or supplied achievement covers the use and the duplication for the internal use of the client. The client may in all other respects make the product accessible neither as a whole nor in parts third. The transfer or transmission of the rights to use may not take place without agreement of the contractors.
III. Concerning the sphere of the contractor
1. The client assures deweblop that you are free handed over materials to training into the data work and/or the software from patent rights third. Should be taken up deweblop however of third because of alleged patent right injury, the client exempts deweblop immediately due from any expenditures and (fortune -) damage. This applies in particular to any necessary costs (also fee advances) of an appropriate defense. The client will possibly make deweblop the documents and the information as well as necessary areas necessary for the completion of the work, personnel and devices available immediately. The contracting parties will obtain in individual cases agreement over it when and in which way these co-operation achievements of the client are to be furnished. Their extent depends in particular on the kind of deweblop to furnishing achievements. The client commits itself to the punctual supply of test datas, which are representative regarding extent, structure and arrangement for future application. The details regarding the exact development of the test datas and their extent still gives deweblop in the case of need, if the contracting parties do not specify this by agreement with one another. The client will in time make available, acquires the software necessary mechanisms which can be provided for the installation or the enterprise to that or deweblop for this to assign, in particular the necessary operating system, data base -, telecommunications and service of programs (Tools) in the current in each case and/or necessary version, as well as necessary other software. The client provides for the necessary rights to use. Also the care, in particular the actualization of such software, which the client makes available, is thing of the client.
2. The client will support deweblop with the malfunction detection and removal and insight into the documents will immediately grant, from which the closer circumstances of the occurrence lack result. The warranty claims of the client cannot be made valid of this any longer, if he accomplished changes at the software without previous written agreement or third let accomplish, it is, the client proves that these changes are not to make the guarantee work, in particular the analysis and removal work more difficult on the part of deweblop or only insignificantly and to be attributed the announced lack not to this change. If announced lack are not to be added deweblop, the client will recompense deweblop the expenditure of time and the resulted costs (in particular journeys to the usual sentences).
3. Because of unsatisfactory fine specification or because of their adjustment the client recompenses delays or additional expenditure deweblop on separately. For changes or auxiliary desires the client gives deweblop a formal test work order against payment. On on that a performance the client will immediately communicate provision width unit, accepts on he this offer. In the case of refusal it remains with the original capacity.
4. The right to use at achievement results can be transferred only with agreement of deweblop to third. The agreement can be given expressly or konkludent already in the performance specification, in which the execution of the respective project is agreed upon. It is agreed upon that of deweblop to third will transfer the right to use for an achievement can, must carry all copies the original copyright note as well as all other note concerning protection.
IV. Miscellaneous
1. As communication ways in particular also the conventional phone calls as well as the information transfer are considered via internet. For transparent, appropriate communication the parties want to communicate regularly over E-Mail. The parties code or mark electronic messages and data only on express written agreement. The archive data exchange between the parties takes place on the one hand either by means of file transfer minutes (ftp) or by hypertext transfer minutes (HTTP) and on the other hand via permanent memory (e.g. CD-ROM). As far as ISP of services by deweblop for execution communication and data exchange are taken up, apply the general trading conditions of deweblop to ISP services. The parties commit themselves to the mutual immediate introduction from measures to clarifying, as far as starting points become evident to any disturbances with the feed of E-Mail (e.g. sucked. ' bounce' messages).
2. If in connection with the contractual item (software development or execution of other projects) requirements are made valid concerning excludingness because of the injury by right, the client is held to inform deweblop immediately in writing. The client will make no substantial procedural acts without previous agreement of deweblop and will leave deweblop on demands the defense against such requirements, in particular the processing including a conclusion of a compromise.
Validity period for our contracts (conditions: starting from 1st of March 2000)
Dipl.-Inf. (FH) Jörg Lingott
CEO / Founder
+49.160.7969094
Jörg Lingott bei XING
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