General trading conditions of the company W-U-S
§ 1 contract conclusion
The offerer of the platform Ecomtuning is the company W-U-S. For contracts with W-U-S applies excluding these trading conditions. Dissenting regulations in the general trading conditions of the customer will be therefore expressly contradicted.
Offers of W-U-S in folders, notices etc. are non-binding and noncommittal - also regarding to the quotations -, as long as there does not take place an expressly binding warranty.
Verbal side agreements are ineffective. Amendments of the conditions, including this written form clause, must be in writing.
The observing of an attainment period depends on the timely self supply.
§ 2 capacity
W-U-S offers the following services: Position, adjustment and care of Websites, other graphic services are excluding for commercial customers
W-U-S render its services according to the desires and indications of the customer. Installation, instruction and training belong only to the obligations to perform of W-U-S, if this is agreed. W-U-S has only considered Amendment and expansion desires if it´s necessary for technical reasons, in order to achieve the contract purpose.
In the case of a essential amendment of the contractual obligations from W-U-S to the purpose of the adapting to the concerns of the customer W-U-S can bring the necessary additional expenses to account to the customer. This applies also to an extensive checkup, whether and on which conditions the amendment or expansion is feasible, as far as W-U-S has point it out in writing.
W-U-S is justified to partial deliveries.
§ 3 prices and payment
The list prices are valid at the time of the delivery. Fixed prices are only valid, if the price-fixing agreement contains in the individual case e.g. based on an offer neither a price increase possibility nor another time limit of the fixed price agreement.
The prices doesn´t include the legal value added tax. Forwarding expenses, installation, training and other incidental services are not included in the price, as far as no differently agreement was made.
Auxiliary services, which are not contained in the price list or the offer, have to reimbursed separately. This applies in particular for additional expenses due to
A) of the produce of dates in not digitalized form,
b) of necessary and reasonable services of third-party claims
C) of expenses for license management,
D) by order of given test, enquiry services and legal examinations as well as
e) outside of the business hours of rendered services.
If the customer is in delayed payment , then he has to count on default charges in the amount of 5% over the base rate. The default charges are incurred also without reminder, if the period of payment has overrun.
The customer have to count on the fact that the W-U-S impute payments first on older debts. If there are already costs of the prosecution arose - such as reminder costs, then W-U-S can first impute payments of the customer at these expense, then at the interest and finally on the main service.
W-U-S is justified to request for Web Design or programming services a advance payment amounting to the half of the complete order value.
§ 4 dates, periods and service obstacles
Delivery deadlines or - periods, which can be agreed upon binding or nonbinding, require the written form.
If the co-operation of the customer is necessary or agreed for the service of W-U-S, so extends the delivery time by the time, which the customer has not followed this obligation.
Delays on the bounce of....
A) Changes of the requirements of the customer,
b) insufficient premises in the application surrounding (hardware or software deficits), as far as W-U-S didn´t know or didn´t have to know about it,
C) Problems with products third party (e.g. Software of other EDP manufacturers),
the supply- or service date extends accordingly.
So far W-U-S can´t render their contractual services at due date or not at all, because of labor dispute, force majeure or other inevitable circumstances,occurs no unfavourable legal consequences for W-U-S.
If amendments or supplements are assigned by the customer, which doesn´t only have slight extent, then dates and periods, which orient themselves on the original object of agreement, lose their validity.
§ 5 acceptance
The customer will accept the services immediately from W-U-S in accordance with the check lists, which are submitted from W-U-S to its support, as soon as W-U-S communicates the acceptance removal.
The services of W-U-S are considered as accepted, if W-U-S has communicated the willingness of acceptance. With indication of the meaning, if the declaration of acceptance should remain undone.
A) and after that the customer not within one period, which allows him at the demanded careful examination to recognize substantial errors, at least after 20 working-days, which acceptance refuses declared or under indication from after forces to retailing lack,
b) or the customer the Website or parts of it without further examination for third accessible in the net places or W-U-S assigned, as far as the Nichtabnahme is not based on a substantial lack of the services furnished by W-U-S.
If the acceptance readiness is not communicated, then the time applies in place of the time of the report, at which the customer cheap-proves from the services knowledge to take would have had.
§ 6 obligation to cooperate
The customer will make necessary data available, above all pull-putting contents for the Websites time-fairly and in digital form.
As far as W-U-S leaves drafts and/or test versions under indication of an appropriate period for the examination on correctness and completeness to the customer, the drafts apply and/or test versions at the end of the term as accepts, as far as W-U-S does not preserve a request for correction.
The customer is responsible for sufficient resources and information in the context of his obligation to cooperate. It will provide for the availability of the necessary number of competent coworkers from technical and EDP-technical view and for sufficient computer capacities such as memory, processor service and interconnect capacitances.
If W-U-S considers this necessary, the customer makes a test environment available (hardware with actual software conditions, in particular the later operating conditions appropriate operating system and the appropriate server often commodity).
As well as errors or impairments of the functionality of the services of W-U-S like e.g. a Website appear, the customer W-U-S under indication by time and error specification as well as name and telecommunications data (telephone, E-Mail) of the announcing and competent coworker of it are informed immediately.
The customer is responsible for the troublefree enterprise of the installations to remote maintenance and - maintains, in particular sturdy data lines and - interfaces.
§ 7 rights to use
W-U-S grants a simple/exclusive/and (not) transferable right to use exclusive with exception of the Verwenderin to the customer. If W-U-S furnishes services for the organization of the Internet presence of the customer, then is the use purpose of the Website and/or of their components to a use the Internet limits. This right acquires the customer with complete payment of the services of W-U-S.
The customer is committed to information on requests to give W-U-S in writing over the range of the use.
W-U-S assumes when using exhibitions of the customer these are not loaded with rights third or the customer has the right to use necessary for the order.
W-U-S can place the costs of strange license material to the customer by the presentation of the account of the licenser with a service premium of 15% in invoice.
The customer may use strange license material only in connection with and in the context of the Website. If W-U-S is taken up by the licenser, because the strange license material did not become accordingly related, then the customer W-U-S is responsible for substitution of the damage arising from it.
The customer is obligated to aproach W-U-S over each illegitimate use of the license material, which admits to him becomes to inform as well as against a violator of the commercial rights judicially or support W-U-S thereby.
The customer if injuries of rights to use become by the services of W-U-S e.g. by warnings third admit, then it will inform W-U-S immediately about it.
§ 8 copyright notices and reference proofs
The customer grants the right to W-U-S to merge the Logo of W-U-S and an imprint into the Websites of the customer and these with one another and the Website from W-U-S to left. The customer will invariably take over all Schutzvermerke such as copyright notes and other reservations of rights. This applies in particular also to the referring to the author, appropriate in the program code.
W-U-S reserves itself the right to use furnished services such as drafts and objects, even if they are based on customer exhibitions, for presentation purposes in particular the Website of the customer to a reference list for advertizing purposes to raise and appropriate left set.
§ 9 guarantee
Unsatisfactory supplies or services are repaired or exchanged by W-U-S within the guarantee period of 12 months, which begins with the date of the supply or acceptance, after appropriate report of the customer by W-U-S. W-U-S repairs the lack free of charge or puts to the customer free of charge corrected release stood (changed version, which does not contain the reprimanded lack any longer) at the disposal. Beyond that going expenditures are deducted after expenses
The customer will immediately convert the elimination of errors measures (the e.g. new releases of conditions to install) and the informing obligations (§ 6 exp. 4) to consider.
Under unfavorable circumstances repeated rework can be necessary. As lack inconsistencies of the drawn up Websiteelemente from the agreed upon organization and function mode are considered, as far as these inconsistencies impair the suitability for agreed upon use.
Requirements for lack do not insist, if the lack is only insignificant, thus in particular not substantially on the agreed upon use affect themselves.
If the NAK ago filling fails within a period set by the customer for NAK ago filling, then the customer can request the retrogressive making of the contract or the reduction of the purchase price.
Obvious lack, which are noticeable to an average customer easily, the customer of the W-U-S must within 10 working-days after the delivery by means of a E-Mail at W-U-S rügen. This E-Mail with a Rückmail confirmed .Mängel, which are not obvious, must with W-U-S within 10 working-days after recognizing be reprimanded. Otherwise requirements from these lack cannot be made valid. The lack, in particular the appeared error messages are after forces retailed to show (e.g. by error logs).
§ 10 liability
For defective titles and warranties W-U-S is responsible unrestrictedly. The liability after the product liability law remains unaffected.
For deliberate or roughly negligent obligation injuries W-U-S. this is responsible applies also to legal salesmen and executing aides of W-U-S.
For easy negligence W-U-S and their executing aide are responsible limited on the contract-typical, foreseeable damage.
The liability for overrun is limited by the typical re-establishment expenses. This is measured after the damage, that with would make reasonable safeguards (like e.g. Preparation of backup copies would have occurred).
W-U-S is not responsible for damage, on whose arising in the context of the present Treaty did not have to be counted. Atypical unforeseeable damage is not thus entered by the liability.
§ 11 obligation of the customer for data protection
The customer is obligated to protect itself against overrun appropriately. Since the new installation of software, in addition, the change bring the risk of an overrun to the installed software with itself, the customer is obligated, before new installation to meet or change of the installed software by a comprehensive data protection precaution against overrun.
§ 12 data security and secrecy
W-U-S stores in the context of the contract preparation and - data of the customer needed settlement (e.g. Address and bank account).
From the connection of a network with the Internet the possibility of the abusive use of data results. In particular the customer must protect sensitive data therefore by personal safeguards against unauthorized access.
Both contracting parties will treat confidentially marked information, which admits to them in the context of the contract to become, confidentially. Software documents concerned such as documentations and above all the SOURCE code are to be protected against unauthorized access.
W-U-S points out that it is not possible after the present state of the art, duplications are placed in particular from works by diagrams or other optical or acoustic organization funds, which on-line, to hinder.
§ 13 reports
So far the contracting parties by electronic post office (E-Mail) inform themselves, recognize them the unrestricted effectiveness of the in this way submitted declarations of intention in accordance with condition of the following provisions on.
The E-Mail must the names and the E-Mail address of the sender, whom time of the despatch (date and time) as well as a rendition of the name of the sender contain as deal of the message.
For unencrypted data submitted in the Internet a privacy is not ensured. Each contracting party puts when desired the other one a co-ordinated coding system as for example to PGP on its side at the disposal.
In the context of the managing provisions a E-Mail happened applies subject to a rebutting evidence as of the other partner coming.
The liability of the E-Mail and thus the text form applies to all declarations, which the usual conclusion of the contract brings with itself. The text form is impossible against it with a notice, in measures for the introduction or execution of arbitration, as well as declarations, which are requested deviating from a contracting party expressly from this agreement in written form.
§ 15 applicable right and place of delivery
The contracting parties agree upon the application of German right regarding all legal relations from this contractual relation. Also in transnational traffic German right under exclusion of the UN-Kaufrechts applies.
When place of delivery for all mutual services becomes from the contract Leipzig, if it were not agreed upon differently in writing between the contracting parties, fixed. As area of jurisdiction in this case Leipzig is specified.
§ 16 Salvatori clause
If a determination of these general trading conditions should be futile or become, then the other conditions remain in all other respects effective. The contracting parties will substitute the futile provision by such a effective, which comes the will of the contracting parties economically next.