General terms and conditions of as-tronic-web.de
§ 1 Validity of the General Terms and Conditions
(1) The following General Terms and Conditions (GTC) apply to all current and future deliveries and services to our customers in all contract sections. (2) The respective services and deliveries are agreed in independent contracts, to which these General Terms and Conditions add VAT. If ongoing services are owed, they must be paid at the time when they are due. The contracts must be in writing.
§ 2 Terms of payment
(1) All prices apply as contractually agreed. (2) The sales tax rate applicable at the time the service is provided or the legally valid requirement is fulfilled is decisive for all prices stated. (3) Subject to a three-month notice period, as-astronic-web.de is entitled to increase regularly due usage fees by notifying the customer in writing. In the event of an increase in fees of more than ten percent, the customer is entitled to ordinary termination in compliance with the notice periods. There must be at least twelve months between two increases. (4) Due date occurs on the agreed due date or upon delivery. Payments are to be made when due without deductions. (5)as-tronic-web.de is entitled to reject bills of exchange or checks. (6)as-tronic-web.de is entitled to assign its trade receivables and services for financing purposes. (7)Unless otherwise agreed, the invoice is due for payment within 7 days of the invoice date.
§ 4 Default in payment
(1) From the time the default occurs, as-tronic-web.de may charge interest in the amount of the interest rate charged by the commercial banks for open current account loans, but at least 4% above the respective discount rate of the Deutsche Bundesbank, plus the respective statutory sales tax. demand. Any interest accrued is due immediately. (2) If the customer defaults on a payment or if there are concrete indications of imminent insolvency of the customer, as-tronic-web.de is entitled to stop further work on all of the client’s orders. He can demand immediate advance payment of all claims, including bills of exchange and deferred amounts, or demand appropriate security.
§ 5 Retention of title
1) Services from this contract remain the property of as-tronic-web.de until all, including future, claims arising from this contract and the entire business relationship with the customer have been fulfilled. This retention of title also extends to program copies that are handed over on data media or transmitted online and also applies to all accompanying materials. If only usage rights to software have been granted, the above regulation applies accordingly to the data carriers handed over.
§ 6 Deliveries
(1) Dates and deadlines specified by as-tronic-web.de are non-binding unless expressly agreed otherwise. The delivery dates only apply to the extent that as-tronic-web.de itself is delivered correctly and on time. The dates and deadlines begin on the day of the order confirmation by as-tronic-web.de and, subject to all rights of as-tronic-web.de, are extended by the time in which the customer is in default of payment. Partial deliveries are permitted within the scope of the contractual relationship if acceptance does not involve disproportionate expenses for the customer, unless otherwise agreed in writing. (2) Even with bindingly agreed deadlines and dates, as-tronic-web.de is not responsible for delays in delivery and performance due to force majeure or events that make delivery significantly more difficult or impossible. These include labor disputes, operational disruptions, official orders, and material procurement difficulties, even if they occur at suppliers or among suppliers of as-tronic-web.de. As-tronic-web.de is then entitled to postpone the service or delivery for the duration of the hindrance plus a reasonable start-up period. In addition, as-tronic-web.de can withdraw from the contract in whole or in part due to the part of the service that has not yet been fulfilled.
§ 7 Warranty
(1) The contractual warranty is limited to 1 month from handover or from acceptance, if this was agreed. Warranty claims against as-tronic-web.de are only available to the direct customer and cannot be assigned.
§ 8 Liability
(1) As-tronic-web.de assumes liability limited to gross negligence and intent, delay, impossibility, initial inability and for the existence of guaranteed characteristics with regard to essential contractual obligations. Liability is limited to foreseeable damage. It also applies to vicarious agents. Any further liability is excluded. This also applies to consequential damage and data loss. (2) as-tronic-web.de is only liable for data reconstruction if the data has been backed up by the customer up to date and completely, i.e. daily. The reconstruction must be possible with reasonable effort. (3)as-tronic-web.de assumes no liability for downtimes during which the offer from as-tronic-web.de cannot be received via electronic networks for reasons beyond its control. (4) Liability and claims for damages are limited to the order value. (5) For repairs to used devices carried out by as-tronic-web.de, as-tronic-web.de is only liable for grossly negligent damage to the devices. as-tronic-web.de carries out repairs with the greatest possible care. Should defects still occur during the course of a repair, as-tronic-web.de assumes no liability for this, at least for used devices!
§ 9 Customer obligations
(1) The customer undertakes to treat all information about the hardware and software as well as pre-contractual and contractual correspondence confidentially throughout the entire period of use and even after its termination. The information should not be made accessible to third parties. The customer’s employees are obliged accordingly. (2) The hardware and software is protected by the customer from unauthorized access or access by third parties. This obligation applies to the customer or other contractual partners of the customer and extends to the entire company. (3) The customer creates all the requirements that are necessary for the proper implementation of the contractually agreed services from as-tronic-web.de. Target concepts, organizational concepts and suggestions as well as software must be formally accepted by the customer immediately upon delivery or creation. If the customer uses the hardware and software handed over to him or if four weeks have passed after handover of the hardware and software without any defects being reported, acceptance is deemed to have taken place. (4) Storage fee/uncollected products as-tronic-web.dem reserves the right to charge storage fees due to failure to pay for services or other failure to make payment after the due date, 60 days after the order was placed. as-tronic-web.de is entitled to treat as abandoned products that have been retained by as-tronic-web.de for longer than 3 months under the following conditions: (a) Expiry of the due date for payment of services. (b) Termination of the contract by the customer or failure to grant as-tronic-web.de the authority to provide the services in whole or in part or failure to pay transport or additional costs for returning the products to the customer. (c) Products that have generally not been collected by the customer after 3 months of storage. Abandoned products are sold or used and as-tronic-web.de proceeds with any proceeds generated from them at its own discretion.
§ 10 Data protection
(1) If personal data is processed by as-tronic-web.de as part of the activities (including data recovery), as-tronic-web.de will comply with applicable data protection law. Data is generally kept inaccessible to third parties. as-tronic-web.de maintains absolute confidentiality towards third parties. In addition, the necessary security measures are taken to ensure the necessary data protection. We store the secured data for 14 days and then permanently delete it using special software.
§ 11 Data security and data transfer
(1)The customer releases as-tronic-web.de from all claims regarding data provided. If the data is transmitted to as-tronic-web.de, in whatever form, the customer undertakes to secure the data. In the event of data loss, the customer undertakes to transmit the relevant data sets free of charge. It is expressly pointed out that a repair may result in data loss. Data, licenses, installed software, etc. must therefore be secured by the customer in advance! If requested, we can carry out a data backup for an additional charge.
§ 12 Contract term, termination
(1) The customer can only declare termination or withdrawal if as-tronic-web.de has exceeded the agreed and extended delivery and service obligation. Furthermore, a reasonable grace period set by the customer must have expired without success for termination or withdrawal. (2)If no express notice period was agreed in the contract, a notice period of three months to the end of the quarter applies.
§ 17 General contractual provisions
(1) No verbal additional agreements were made by the contracting parties. Subsequent additions or changes to the concluded agreements must be made in writing. A verbal waiver of the written form is excluded. (2) Should one or more provisions of these conditions or the additional conditions and agreements based on them be invalid, the validity of the remaining provisions should not be affected and an appropriate, permissible regulation should replace the invalid provisions or fill the gap, which the contracting parties wanted or would have wanted according to the meaning and purpose of the conditions if they had taken into account the invalidity or gap.
