General Terms and Conditions
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1. General
Our following general terms and conditions apply to all contracts for the delivery of prefabricated standard software, ancillary services and programming of individual software.
Terms and conditions or deviating counter-confirmations of the customer are not binding for us, even if they are not expressly contradicted. They require our express written acknowledgement in order to be legally effective. By placing the order, the customer accepts our General Terms and Conditions, even if they contradict the customer's General Terms and Conditions.
2. Offer and conclusion of contract
Insofar as orders are confirmed by us in writing, the content of such confirmation shall define the contractual relationship and the scope of delivery in a legally binding manner. Subsidiary agreements and oral declarations shall only become part of the contract if they are confirmed by us in writing by means of a separate letter of offer.
3. Terms of use
In return for a one-off licence fee, the licensee shall receive the unlimited right to use the standard and individual software by the user named in the programme order in accordance with the following specifications: Single-user licence: right to use on a single computer or on only one workstation in a network.
Network licence: Right to use in a computer network with only one network server and the number of workstations agreed in the individual contract which simultaneously access the data stock of the server.
4. Industrial property rights and copyrights
All copyrights and industrial property rights to the software shall remain with the manufacturer. Reproduction of the programme provided is only permitted for internal use.
5. Delivery time and delivery conditions
The delivery period shall commence on the date of acceptance of the order provided that the technical configuration or software specification has been fully clarified.
Unforeseen events beyond our control shall extend the delivery period appropriately. Delivery is effected by handing over or sending the goods.
At the request of the licensee, special programme instruction shall be provided against separate remuneration on an hourly basis in accordance with our hourly rate valid at the time plus travel costs and travel expenses.
We are entitled to make partial deliveries and render partial services, which may then also be invoiced separately. Shipping and installation costs shall not be borne by us. The planning of the installation shall be carried out in agreement with the customer.
The customer undertakes to have the installations necessary for operation carried out by a specialist at his own expense. The installations must comply with our tasks and the applicable technical standards.
6. Warranty
The licensee is advised that it is technically impossible to create software services absolutely free of errors. We therefore only guarantee the technical usability of the programmes supplied by us for the specified programme purpose.
We do not guarantee that the standard software corresponds to the special operational features of the licensee, unless otherwise agreed in writing. We also cannot guarantee the computing times of individual programme sequences, because in this respect the capacity of the data processing system and its degree of utilisation is decisive.
7. Liability and compensation
Claims for damages of any kind, i.e. for any legal reason whatsoever, are excluded unless we are guilty of intent or gross negligence. The exclusion of liability also extends to the loss of data and also applies to exceeding the delivery time or in the event of non-delivery as well as to damage within the scope of service work. The customer is in any case responsible for the data backup and is obliged to carry this out in a technically suitable manner.
Information on all questions concerning data protection can be obtained from us in addition.
8. Prices and terms of payment
Unless a specific price has been agreed, the list price valid on the day of conclusion of the contract shall apply to standard software. For individual software, the contractually agreed price shall apply in any case.
Licence fees and other prices and remunerations are stated in EUR plus the applicable value added tax. All invoices are due immediately after the invoice date without deduction.
9. Reservation of proprietary rights
The delivery of the goods is subject to retention of title according to § 455 BGB. The goods remain our property until full payment of all claims, including those arising in the future.
10. Special regulations
For merchants who do not belong to the tradesmen designated in § 4 of the German Commercial Code (HGB), for legal entities under public law and for special funds under public law, the following additional provisions shall apply:
Place of performance and place of jurisdiction for all disputes arising from the business relationship, including proceedings involving documents, bills of exchange and cheques, and possibly actions for restitution, shall be exclusively Göppingen, unless another exclusive place of jurisdiction is prescribed by law. Incomplete or incorrect deliveries as well as recognisable defects of the delivery item must be reported to us in writing immediately after delivery. The notification shall specify the defects complained of and provide all information necessary for their rectification.
11 Reference and brand use
By purchasing a product or making use of a service of the Netensio GmbH, you may be eligible for our reference and for case studies about our project work with you. In this case, you grant us the explicit right to use our project work and your company logo for illustration on our reference pages.
12. Final provisions
Should any of these provisions be or become invalid, this shall not affect the validity of the remaining provisions. Ineffective provisions shall, as far as possible, be replaced by provisions which largely achieve the intended economic purpose.