Terms and Conditions
I. Application and scope
1. These terms and conditions govern the conclusion, content and execution of contracts between the customers (hereinafter referred to as Customer) and the Action4Value GmbH ( hereinafter referred to as A4V), for licensing and service of software and the provision of other services.
2. These terms and conditions are an integral part of all offers and contracts between the customer and A4V. Subsidiary agreements, amendments or additions to the terms will take effect only with the written confirmation of this act.
II. Conclusion of contract
1. The contract is concluded by signing a separate contract or offer a written acceptance.
2. Future modifications will entail extra costs. The customer shall bear this in accordance with the then applicable conditions for A4V.
III. Terms of payment
1. A4V bills for services/supplier from all contractual relationships are to be paid within 10 days of the invoice net without discount.
2. Until full payment of the purchase price, the products remain property of A4V and may not be pledged or assigned as security.
3. VAT and any other statutory levies and charges in addition, are each in the amount applicable and calculated with rates published at the time of billing.
4. Non compliance to the payment terms and after explicit reminder of default, A4V is entitled to 8% default interest and compensation for all dunning, collection, legal fees and court costs, and further damage.
1. The indication of delivery time and dates are generally non-binding for A4V. A delivery period begins with the confirmation of A4V, but never before clarification of all technical details. When special delivery is agreed upon, delivery time will be consulted with the customer by A4V.
1. As warranty period, tot he extend of permissible, any agreed period of 3 months from the date of first delivery or performance. Within this time, the customer may request removal of defect or replacement delivery, when the defect is contractor’s fault. Any liability from A4V when damages are as a result of delay.
2. When a deficiency or absence of the defective operation of an assured, mission-critical functionality is to be understood. Not the suitability of software for a particular application. It is the customer’s responsibility to check prior to conclusion of the contract, if the software acquired is suitable fort he intended use (for legal or other reasons).
3. Further claims of the customer, in particular damage claims of any kind, are excluded. BDNA and its employees accept no liability whatsoever for any direct or indirect or consequential damages, including damages for loss of profits or loss of data. The customer is required to ensure that all data sets of a software solution to be backed up and archived at regular intervals.
4. if limitation of liability is not permitted, the liability is limited in all cases to the purchase price.
1. The parties keep confidential all that are neither obvious nor generally accessible.
2. When in doubt, fact are confidential and there is a mutual obligation to consult..
3. This confidentiality obligation shall also apply before signing a contract and after termination of the contractual relationship.
1. The customer gives A4V permission to list the customers with its logo in A4V reference list. On request, A4V may put the customer on a pattern.
2. The place of jurisdiction for all disputes arising out of or in connection with this Agreement is Oldenburg (Germany).