DoooIT.de develops, sells and manages software in the field of construction documentation and defect management.
These terms and conditions govern the rights and obligations between DoooIT.de and customers of DoooIT.de. Customers of DoooIT.de are companies within the meaning of § 1 Abs 2 KSchG.
2.1 These terms and conditions govern the business relationship between DoooIT.de and customers of DoooIT.de, whether on a paid or unpaid basis (such as in the course of testing phases). DoooIT.de provides its services on the basis of these terms and conditions. The mere use of services by DoooIT.de by the customer causes the subject terms and conditions of such a business relationship are based.
2.2 In addition to these terms and conditions, the current price lists of DoooIT.de (available at www.DoooIT.de), as well as other possibly individually agreed contractual provisions in written form.
2.3 If the customer himself has terms and conditions, the customer confirms by using the services of DoooIT.de, that on the contractual relationship between DoooIT.de and the customer only these terms apply. Should the customer have their own terms and conditions, these deviating terms and conditions apply only if DoooIT.de expressly confirms this in writing.
2.4 Individual agreements must be in writing (signature). Informal statements by DoooIT.de (also by e-mail) are not binding.
2.5 DoooIT.de is entitled to unilaterally change these terms and conditions. The change will be communicated to the customer by e-mail at least two months before its entry into force. The customer is entitled to object in writing to the change within four weeks after receipt of the e-mail. The change is considered accepted and binding if the user has accepted the change or has not objected to it within the four-week period. DoooIT.de points in the notification e-mail separately to these legal consequences and the possibility of opposition.
3. Services of DoooIT.de
3.1 DoooIT.de provides the customer with a (possibly) multi-module system for construction documentation and defect management (hereinafter referred to as "product"). The customer benefits from the ongoing development of the product and, in return, acknowledges that temporary maintenance can occur as part of updates and upgrades.
3.2 DoooIT.de reserves the right to discontinue the product as well as all specifications of the product for technical or operational reasons. DoooIT.de will inform the customer at least two months before its entry into force, at least by e-mail.
3.3 DoooIT.de is only responsible for the services provided by DoooIT.de itself. If the customer a third party - for whatever reason - use (such a subscription requires in any case the previous written confirmation of DoooIT.de), the customer has no claims against DoooIT.de and DoooIT.de is indemnified and held harmless by the customer.
4. Obligations of the customer
4.1 The customer undertakes not to use any technical equipment, software or other data that could harm the system of DoooIT.de. The customer is not permitted to make changes to the product himself.
4.2 The customer must ensure that his employees and the third parties assigned to him carefully handle the product provided by DoooIT.de. The customer is liable to DoooIT.de for any damage caused willfully or negligently by the customer or its vicarious agents and companies.
4.3 The customer undertakes not to use products of DoooIT.de abusive, not to outsource to third parties, not to sell or otherwise not to act.
4.4 The customer must handle the products of DoooIT.de carefully and keep them in such a way that third parties do not have access to them. The customer is liable to DoooIT.de for all damages in case of violation of his duties.
4.5 Insofar as a block of the customer's products, which he obtains from DoooIT.de, takes place on the basis of events for which he is responsible, the customer shall, in addition to the costs incurred for this, continue to be liable for the costs incurred by him under the contract in relation to DoooIT.de.
4.6 The customer agrees to be named by DoooIT.de in the external appearance as a reference customer. It is stated that DoooIT.de coordinates the use of customer logos, project data, etc. with the customer prior to publication.
5.1 The customer undertakes to use the product provided by DoooIT.de only in accordance with these terms and conditions and not to use the provided service or storage space for the storage or dissemination of illegal content.
5.2 The customer undertakes to assume the sole responsibility for compliance with the legal requirements of DoooIT.de. The customer further undertakes not to use the contractual services in any way or to have them made use of by others, which leads to the impairment of third parties or for DoooIT.de is a safety or operationally hazardous. In any case, the customer will indemnify DoooIT.de from all third-party claims due to the breach of these obligations at the first request and in full and without damage.
5.3 The use of the Geo Tracking is under responsability of the user and is strongly advised to log out of the system after the working hours of each worker/user device has ended. With that the Geo tracking will be ended until the next login of the system.
6. Performance problems
6.1 DoooIT.de provides the product to the customer. DoooIT.de is not liable for disruptions of performance and direct or indirect damage caused to the customer. In particular, it can due to connection errors (like these are in the sphere of DoooIT.de or not) or even required maintenance by DoooIT.de come to performance problems.
6.2 The customer undertakes to assist DoooIT.de free of charge with the rectification of service disruptions. The customer will inform DoooIT.de about possible performance problems without delay so that a correction can be carried out as soon as possible.
6.3 The customer undertakes to take all necessary measures so that no impairment of the services of DoooIT.de occurs.
6.4 DoooIT.de can not rule out that data losses or other impairments occur in the course of synchronization processes, in particular due to impairments in the context of the customer's Internet connections. DoooIT.de is not liable for this, regardless of any possible fault on the part of DoooIT.de or one of its subcontractors.
7. Warranty and liability
7.1 DoooIT.de assumes no warranty and liability in case of failure of the product, regardless of the cause of the failure.
7.2 DoooIT.de is only liable for intent and gross negligence, for personal injury or even slight negligence.
7.3 DoooIT.de is not liable for damage to the customer's terminal equipment, third party damage or indirect damage such as loss of earnings or loss of profit. The warranty and liability for damages of the customer due to delay of projects as a result of not or insufficient performance of the products of DoooIT.de are expressly excluded. No liability of DoooIT.de is also given for missed savings, lost data, indirect and consequential damages as well as damages from claims of third parties. If a liability can not be excluded due to legal regulations, the liability for each damage-causing event is limited with EUR 5.000, -, compared to the whole of the victims with EUR 10.000, - limited. If the total damage is higher, the claims for compensation of the individual victims will be proportionately reduced.
7.4 DoooIT.de is not liable for damages and defects due to changes in the software, changes in the necessary system settings or application errors.
7.5 As far as and as long as obligations due to force majeure, such as war, terrorism, natural disasters, fire, strike, lockout, embargo, governmental intervention, loss of power supply, failure of means of transport, failure of telecommunications networks or data lines, on the products impacting changes in legislation after conclusion of the contract or other unavailability of products can not be timely or properly fulfilled, this does not constitute a breach of contract.
7.6 High-Risk Environment: The product may contain components which react negatively to errors or in which the errors contained are detected later and corrected in the course of the usual patches. The product has not been developed for this purpose and is not intended to be used in hazardous environments that require a fail - safe (fault tolerant) performance or in any other application where failure of the product directly results in death, personal injury, property damage or environmental damage Could have consequences.
7.7 The customer's devices and the internet connection are not subject of DoooIT.de. DoooIT.de is not liable for damages and deficiencies that are beyond their control (in particular disruptions of public communication networks, lack of system requirements, ...). Current system requirements for the use of DoooIT.de can be found at www.DoooIT.de.com.
8. Rights of use to software products and documents
8.1 Insofar as products are provided to the customer by DoooIT.de or the customer is permitted to use products within the scope of the services, the customer is entitled to the non-exclusive, non- transferable, non-sublicensable limited right to unilaterally derive from DoooIT.de the software products to use in unchanged form.
8.2 Software products of third parties provided to the customer by DoooIT.de shall primarily be subject to the provisions of this Point 8. the respective license terms of the manufacturer of these software products.
8.3 Unless a separate agreement is made, the customer will not be granted any further rights to software products. In particular, the customer does not acquire any rights whatsoever to the product, in particular any trademark, patent or other intellectual property rights.
8.4 All documents provided to the customer by DoooIT.de, in particular the documentation on software products, may neither be reproduced nor distributed in any form for consideration or free of charge.
9.1 The customer assures DoooIT.de to handle all trade secrets brought to its knowledge in connection with this contract and its execution as such and not to make them accessible to third parties, as far as these are not generally known, or to the recipient without any obligation of secrecy or have been disclosed to the recipient by a third party without a secrecy obligation, or have evidently been developed independently by the recipient, or are to be disclosed on the basis of a final decision by the public or judicial authority.
9.2 The subcontractors hired by DoooIT.de are not considered as third parties, insofar as they are subject to a confidentiality obligation corresponding to this point.
9.3 Violations of the confidentiality obligation lead to the fact that the customer is liable to DoooIT.de for all damage.
10. Duration and termination
10.1 Contracts are concluded between DoooIT.de and the customer - unless otherwise agreed - for an indefinite period. The customer waives any termination of the contract for the period as stated in the product descriptions or individual agreements.
10.2 Both DoooIT.de and the customer can terminate contracts that have been concluded for an indefinite period at the end of the invoiced period. The termination takes place via the DoooIT.de platform, by an authorized and used by the customer administrator.
10.3 An extraordinary termination by DoooIT.de with immediate effect - in this case the customer has no claims against DoooIT.de - is possible in particular under the following conditions:
10.3.1 The customer makes incomplete or incorrect information or does not provide the required evidence.
10.3.2 The customer is in default of payment in the amount of 14 days; a grace period is not required;
10.3.3 There is a reasonable suspicion that benefits are misused - even by third parties.
10.4 DoooIT.de is entitled to demand a security deposit (guarantee, guarantee, bank guarantee of an institute approved in the European Economic Area) from the customer, if a reason for termination exists, instead of canceling it immediately. Furthermore, DoooIT.de is entitled to demand advance payment, such as 6 months' advance payment by the customer, if there is a ground for termination stated in this point.
11.1 All proprietary, intellectual and industrial property rights in the Software (including, but not limited to, images, photographs, animations, video, audio, music, text and applets contained in the Software Product), the accompanying accompanying materials and any Copy of the software are on DoooIT.de or subcontractors of DoooIT.de. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software is licensed, not sold.
11.2 Use of the Client Software: The Client may only use the client software installed on the End User Devices in accordance with the terms of its contractual partner for this Service and only in connection with the relevant Services.
11.3 Use of the redistribution software: The customer may use the redistribution software only after express consent to the additional provisions of the manufacturer.
11.4 Backup copies: The customer may not make a backup copy of the software, with the exception of the copies which the customer may make in the context of the use of the redistribution software.
11.5 Customer shall not be entitled to reverse engineer, disassemble or disassemble the Software unless (and only to the extent) it expressly permits the applicable law notwithstanding this limitation.
11.6 Transfer Restrictions: Customer may not license, sublicense, lend, lease, or otherwise transfer the Software to any third party. The End User is not authorized to directly or indirectly transfer the Software or distribute it to third parties
11.7 The temporary assignment of subcontractor entrances according to the product description will be granted at best.
12. Information requirements
12.1 The customer shall notify DoooIT.de without delay of any changes in the address or other material information. If the customer has failed to do so, the declarations of DoooIT.de are considered as delivered even if the last communication options were delivered.
12.2 The customer accepts that DoooIT.de can also send legally meaningful declarations to the customer by e-mail, SMS or other electronic media (this also applies to invoices, which may be electronically signed in order to comply with the provisions of the sales tax law). Declarations are deemed to have been received as soon as the customer can retrieve or take note of them under normal circumstances.
12.3 Unregistered mail is deemed to have been received within 2 working days of the assignment.
13. Terms of payment and other financial terms
13.1 All amounts are (unless otherwise stated) exclusive of the currently applicable value added tax and other charges.
13.2 Basic charges are charged in advance for the respective accounting unit.
13.3 Payment claims are due in accordance with the terms and conditions of the payment provider Mollie (http://www.mollie.com/de) - unless otherwise stated.
13.4 The customer bears all bank charges and other expenses associated with the transfer.
13.5 For late payments, default interest of 10% p.A. of the outstanding amount, additional dunning fees. The necessary and appropriate costs incurred for the intervention of lawyers and debt collection agencies shall be borne by the customer.
13.6 A deduction of cash discount is excluded and will not be granted.
13.7 Customer payments are always credited to the oldest debt.
13.8 DoooIT.de is entitled to unilaterally raise the prices for its products unilaterally and will inform the customer about this in good time, but at least 1 month in advance.
13.9 Invoices shall be deemed accepted unless objections have been raised in writing within 3 months after invoicing and the customer does not take legal action within a further 2 months.
13.10 A set-off of the customer with claims against DoooIT.de is excluded. Also excluded is a right of retention of the customer.
14. Other provisions
14.1 If one or more provisions of these terms and conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. The ineffective or unenforceable provision shall be replaced by an analogous valid provision that comes closest to the economic purpose of the invalid or unenforceable clause.
14.2 The assertion of the reduction over half (laesio enormis) is excluded against DoooIT.de.
14.3 Any disposal by the customer of the rights or obligations arising from the contract requires the prior written consent of DoooIT.de. However, DoooIT.de is entitled to transfer contracts to a third party without the consent of the customer. In this case, these terms and conditions continue to apply to the contractual relationship, unless otherwise determined unilaterally by DoooIT.de.
14.4 DoooIT.de is entitled to use third parties in whole or in part to fulfill its obligations.
14.5 German law applies exclusively, even if the product is used abroad or if any other connection to foreign countries is made. Excluded are the referral norms provided by German law and the UN Sales Convention.
14.6 For any disputes, only the local jurisdiction of the relevant court Bottrop Stadt is agreed. The place of performance is also Bottrop City.