General terms & conditions

Terms and Conditions of SoftCareHouse GmbH

Definitions

SoftCareHouse – the brand under which the software company providing services to its customers, registered by the address: SoftCareHouse GmbH, Kurfürstendamm 226, 10719 Berlin, Germany, registration number: HRB 267374, [email protected].

CUSTOMER – a business partner who uses SoftCareHouse services and wishes to establish a business relationship.

PARTIES – SoftCareHouse and the client.

§ 1 Scope

1. The subject matter of the business relationship and all future transactions between SofCareHouse and the customer shall be exclusively the following terms and conditions in the version in effect at the time the order is placed or the contract is concluded.
2. Individual terms and special arrangements are possible on the basis of a separate agreement drawn up in writing under pain of nullity.
3. Agreements made with the customer in individual cases (including side agreements, annexes and amendments to the contract) shall in any case take precedence over these terms and conditions.

§ 2 Scope of services provided

1. As part of its activities, SoftCareHouse provides the following services to its clients: Creation of online stores, websites and other web portals, web design, web programming, e-commerce consulting, optimization, custom web programming, responsive design and UX/UI, graphic design, layout and template development, redesign, project management, online marketing, programming of interfaces, plug-ins and extensions, systems integration and technical support for e-commerce.
2. The above services are performed during office hours, i.e. Monday through Friday from 9:00 a.m. to 5:00 p.m., unless otherwise agreed with the client.

§ 3 Offer and order

1. As part of its activities, SoftCareHouse may provide the client with a written, non-binding offer.
2. The offer is valid within 14 days of receipt.
3. The offer provides for 1 series of revisions, unless otherwise agreed with the customer.
4. Delivery time is calculated from the date of confirmation of the order. The date of confirmation is the date of receipt of the first installment / advance payment.
5. In order to accept the offer and award the order, the customer is required to sign the offer, stamp it with the company seal and send it back in scanned form to the same e-mail address.
6. Depending on the situation, in addition to the offer, other documents such as documentation, an order form or a contract may also be created and requested.
7. An order is considered accepted after a SoftCareHouse employee confirms receipt of a properly signed offer or other documents in writing, such as by email.
8. The offer covers only the items listed in the offer, which therefore constitute the subject of the order. Any further points beyond this offer do not constitute the subject of the order. They may be implemented as a change request for a separate fee.

§ 4 Acceptance

1. Acceptance of the work performed by SoftCareHouse or the project must take place within 7 days after SoftCareHouse has informed the customer in writing (e.g., by e-mail) that the work has been performed or the project has been completed.
2. If, for any reason, the Client is unable to accept the work or project within the indicated time, the Client should immediately notify SoftCareHouse.
3. A delay on the part of the Client in accepting the work or project shall not affect the provisions referred to in § 5.

§ 5 Payment

1. The Client shall pay SoftCareHouse monthly for the services rendered upon presentation of an invoice by the indicated date and without deductions.
2. Billing is based on the number of hours worked. The minimum billing unit is 30 minutes. Under a separate agreement, it is also possible to make a lump sum offer or submit a fixed price.
3. The invoice shall include VAT calculated on the basis of applicable tax regulations on the date of issue.
4. The invoice is issued at the end of the month and sent to the customer electronically to his e-mail address.
5. All other additional costs incurred, such as licenses, third-party applications, plug-ins, extensions, etc., must be paid by the customer.
6. The payment term of the invoice is 14 days.
7. If payment is not made by the customer within the deadline, SoftCareHouse may refuse to perform further work until payment is received.

§ 6 Warranty and liability

1. SoftCareHouse is not responsible for the content provided by the customer. In particular, SoftCareHouse is not obliged to check the content for possible legal violations. In the event that a third party makes a claim against SoftCareHouse for a possible violation of law resulting from such content on the website or other actions of the customer, the customer agrees to indemnify SoftCareHouse from any liability and reimburse SoftCareHouse for the costs resulting from the possible violation of law.
2. SoftCareHouse’s contractual liability is limited to willful misconduct and gross negligence. SoftCareHouse has an obligation to correct its own errors as soon as possible.
3. SoftCareHouse assumes no liability for the actions of the customer or third parties and any consequences resulting from their actions. The same applies to the functionality and side effects of solutions from third-party providers and in the event of force majeure.

§ 7 Confidentiality and data protection

1. Both parties agree not to use or disclose to third parties any trade and business secrets or confidential information learned about while working for the other party without the other party’s prior consent. The same applies to documents and information provided.
2. The confidentiality obligation also applies after the termination of the legal relationship for 1 year after the expiration of the contract.
3. SoftCareHouse may advertise the client’s project as a reference and publish it in its advertising materials.

§ 8 Termination

1. If either party terminates the contract or withdraws from the assignment for any reason, it may do so by giving one month’s notice to the end of the calendar month.
2. In such a case, referred to in § 8 para. 1, the customer must pay the costs of all work completed to date, as well as any additional costs (e.g., licensing or plugin costs) that have been incurred up to the time of termination or that can be expected to be incurred in connection with an earlier order that can no longer be canceled.
3. Notice of termination must be given in writing under penalty of nullity.

§ 9 Obligations of SoftCareHouse

1. SoftCareHouse undertakes to do the best possible job for the client based on its knowledge and experience.
2. SoftCareHouse will make every effort to ensure professional performance of all work for the client, as far as technically possible.
3. If a task cannot be completed for reasons beyond SoftCareHouse’s control, SoftCareHouse must inform the client as soon as SoftCareHouse becomes aware of the existence of such an obstacle.

§ 10 Obligations of the customer

1. The customer shall provide SoftCareHouse with all necessary access data and materials.
2. The customer may provide SoftCareHouse with various content and data that may be helpful in the performance of tasks. These contents and data are the sole responsibility of the customer. SoftCareHouse is not obliged to check whether the content provided by the customer corresponds to the purposes performed by the online store.
3. The customer must report all tasks or defects in writing by e-mail, unless otherwise agreed with the customer.

§ 11 Reservation of ownership

1. Delivered products and work results remain the property of SoftCareHouse until full payment is made by the customer.

§ 12 Usage rights

1. Upon full payment and satisfaction of all claims, SoftCareHouse grants the customer an unlimited local and temporary right of use.

§ 13 Final provisions

1. Any amendments or addenda to these terms and conditions or further contractual arrangements must be in writing under pain of nullity.
2. If individual provisions of these terms and conditions are invalid or become invalid due to circumstances occurring at a later date, this will not affect the validity of the remaining provisions of these terms and conditions. The invalid provision shall be replaced by a provision that is as close as possible to the will of the Parties expressed in these Regulations. The same shall apply to gaps in these Regulations.
3. The place of jurisdiction for all disputes shall be SoftCareHouse’s place of business.
4. The law of SoftCareHouse’s place of business shall apply to these Terms and Conditions.

Status on: 10.01.2024