GENERAL TERMS AND CONDITIONS
General Terms and Conditions of Business
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Our following General Terms and Conditions of Business apply to all contracts for the delivery of ready-made standard software, ancillary services and programming of individual software.
Terms and conditions or deviating counter-confirmation of the customer are not binding for us, even if they are not expressly contradicted. They require our express written acknowledgement to be legally effective. By placing the order, the customer accepts our General Terms and Conditions of Business, even if they are in conflict with the customer's General Terms and Conditions of Business.
Insofar as we confirm orders in writing, the content of such confirmation shall determine the contractual relationship and the scope of delivery in a legally binding manner. Subsidiary agreements and verbal declarations shall only become part of the contract if they are confirmed by us in writing in a separate letter of offer.
For a one-time license fee, the licensee receives the unlimited right to use the standard and individual software by the user named in the program order according to the following specifications: Single user license: Right to use the software on a single computer or on only one workstation in a network.
Network license: Right to use the software in a computer network with only one network server and the number of workstations that access the server's database simultaneously, as agreed in the individual contract.
All copyright and industrial property rights to the software remain with the manufacturer. Reproduction of the provided program is only permitted for internal use.
The delivery time begins with the date of order acceptance, provided that technical configuration or software specifications have been completely clarified.
Unforeseen events beyond our control will extend the delivery time appropriately. The delivery is effected by handing over or sending the goods.
Upon request of the licensee, a special program briefing will be carried out against separate remuneration according to hourly expenditure in accordance with our respectively valid hourly rate plus travel costs and travel expenses.
We are entitled to make partial deliveries and partial services, which can then also be invoiced separately. Shipping and installation costs are not covered by us. The planning of the installation is 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 as well as the applicable professional standards.
The licensee is advised that it is technically impossible to create software services that are absolutely free of errors. We therefore only guarantee the technical usability of the programs supplied by us for the specified program purpose.
Unless otherwise agreed in writing, we do not warrant that the standard software corresponds to the specific operational features of the licensee. We also cannot guarantee the computing times of individual program sequences, because the capacity of the data processing system and its degree of utilization is decisive in this respect.
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 case of non-delivery as well as for damages in the context of service work. The customer is in any case responsible for data backup and is obliged to carry this out in a technically suitable manner.
Information on all questions about data backup can be obtained from us in addition.
Unless a specific price has been agreed upon, the list price valid on the day the contract is concluded shall apply to standard software. For individual software, the contractually agreed price shall apply in any case.
License fees and other prices and remunerations are stated in EUR plus the applicable value added tax. All invoices are due immediately after the date of invoice without deduction.
The delivery of the goods is subject to retention of title according to § 455 BGB. The goods shall remain our property until full payment of all claims, including those arising in the future.
For merchants who do not belong to the tradesmen referred to in § 4 HGB, for legal entities under public law and for special funds under public law, the following additional regulations shall apply:
The place of performance and jurisdiction for all disputes arising from the business relationship, including proceedings relating to documents, bills of exchange and cheques and any actions for restitution, is Göppingen exclusively, unless another exclusive place of jurisdiction is prescribed by law. Incomplete or incorrect deliveries as well as recognizable defects of the delivery item must be reported to us in writing immediately after delivery. The notification must specify the defects complained of and provide all information necessary for their rectification.
By purchasing a product or service from Netensio, you may be eligible for our reference education and 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.
Should one of these provisions be or become invalid, the validity of the remaining provisions shall not be affected. Ineffective provisions will be replaced, if possible, by such provisions which largely achieve the intended economic purpose.