1. scope of contract and validity
All orders and agreements shall only be legally binding if they are signed by the Contractor in writing and in the proper form and shall only be binding to the extent specified in the order confirmation. Purchasing conditions of the client are hereby excluded for the present legal transaction and the entire business relationship. Offers are always subject to change.
2. scope of services
The performance of the contractual services by the Contractor shall be carried out, unless otherwise agreed, at the Contractor’s discretion at the location of the computer system or at the Contractor’s business premises within the Contractor’s normal working hours. If, by way of exception and at the request of the Customer, the services are performed outside normal working hours, the additional costs shall be invoiced separately. The Contractor shall be responsible for selecting the employee to perform the contractual services and shall be entitled to call in third parties for this purpose.
The Contractor undertakes to perform the contractual software program in accordance with the scope of services of the respective attached and contractually agreed Subscription (Annex A).
3. services not covered by this contract
Unless otherwise explicitly stipulated in this Contract, the costs of travel, accommodation and travel time for the persons charged with the performance of the Service shall be borne by the Contractor. In the event of unauthorized use of services, the Contractor shall be entitled to charge the costs incurred to the Customer at the applicable cost rates.
Services that are caused by changes in the operating system, hardware and/or by changes in mutually program-dependent software programs and interfaces that are not the subject of the contract. Individual program adaptations and/or new programming. Program modifications due to changes in legal regulations, if they require a change in the program logic.
The Contractor shall be released from all obligations arising from the present contract if program changes in the software programs covered by the contract are carried out by authorized persons of the Customer or third parties without the prior consent of the Contractor, or if the software programs are not used in accordance with their intended purpose. The elimination of errors caused by the client or third parties. Loss or damage caused directly or indirectly by actions or omissions in the operation by the client or user.
Data conversions, recovery of data files and interface adjustments.
The prices quoted are ex place of performance. For services which can be rendered at the contractor’s business premises, but which, at the request of the client, can exceptionally be performed at the client’s business premises, the contractor shall be entitled to charge the client a fee.