Legal Information (General Terms and Conditions)
1. ©2022 SOLVE4IT GmbH
BitDisk® and all associated brands, names, and logos are property of SOLVE4IT GmbH and are registered as brands in Germany and other countries, some of them worldwide, and/or are used as brands there. All other trademarks are property of their respective owner.
This document and any documents incorporated by reference herein, for example, all documents available on the SOLVE4IT website, are provided “as it is” and in the case of their availability. The relevant documents will be provided without explicit approvals, warranties or guarantees on the part of SOLVE4IT GmbH and its affiliated companies. SOLVE4IT GmbH assumes no responsibility for any typographical, technical or other inaccuracies as well as for mistakes and omissions therein.
The BitDisk technology is partly described here in bare outlines in order to protect property rights, confidential information and/or business secrets of SOLVE4IT GmbH and reserves the right to alter the information contained herein from time to time. However, SOLVE4IT GmbH is not obligated to notify users of such changes, updates, improvements or additions in due time or at all.
This documentation may contain references to information sources, hardware or software, products or services, including components and content such as copyrighted content and/or third-party websites (hereinafter referred to as “Third-party products and services”). SOLVE4IT GmbH has no influence on this matter and assumes no liability for third-party products and services. This applies, including but not limited to, to content, accuracy, compliance with copyright law,
compatibility, performance, reliability, legality, illegality, links or other aspects of third-party products and services. The inclusion of a reference to third-party products and services herein will in no respect imply a specific recommendation by SOLVE4IT GmbH of any
third-party products and services or the relevant third-party provider.
The same conditions as for BitDisk apply to all software products produced or offered by SOLVE4IT GmbH.
2. Further Legal Information
We are a medium-sized IT and software company with extensive business areas:
• Production of standard software
• Production of software according to the customer’s specifications
• Trading in hardware
• Trading in standard software
• Conception and creation of IT environments
• Server technologies
• Service and consulting in the entire IT sector
• and more
1. Basic Information
This legal information (= General Terms and Conditions) cannot cover the whole business scope. It is in our interest to collaborate with you, our customers (both in B2B and in B2C area) in order to work together as partners. This requires a few rules, which we would like to make known and explain to you here:
3.a. All the agreements with our company shall be executed in writing. You can therefore conclude legally binding agreements with us by fax, e-mail, but also by WhatsApp, etc. In the case of individual arrangements, especially custom-made products and large orders, we reserve the right to insist on their execution in writing (= with
signature).
3.b. All the agreements within the EU shall be governed by German law, and the exclusive jurisdiction is Cologne, as agreed by both parties. Insofar as the legislator prescribes a different regulation for private customers, this statutory regulation will apply.
3.c. European Sales Law as a form of contract will be accepted, only if it has been agreed in writing in advance.
3.d. Unless otherwise agreed and possible, Cologne is deemed to be the agreed place of performance.
3.e. The German Civil Code applies in the B2C area, as well as the Commercial Code in the B2B area in the most current revision, unless otherwise specified herein or agreed in individual cases.
1. Conclusion of the Contract
Orders may be made verbally, by e-mail or by fax. Your order made through a messaging service (WhatsApp, etc.) or your written order is a binding offer, which we will confirm in writing or will be accepted by implied action or delivery.
2. Customer Cooperation
5.a. The customer will provide SOLVE4IT GmbH Cologne with all information required to render the contractual services. Where appropriate, the customer will appoint a contact person to be in charge for providing binding information.
5.b. The customer shall provide the necessary hardware configuration with the appropriate operating system. Subsequent changes in the hardware and/or operating system functionality shall be borne by the customer.
5.c. Additional expenses related to works to be carried out as a result of incorrect information or information corrected at a future date shall be borne by the customer.
5.d. The customer ensures that competent and trained personnel are available at the time of product delivery.
5.e. Damage caused by improper operation shall be borne by the customer. In particular, consequential damage, damage caused by data loss, as well as possible financial losses are borne by the customer without exception.
5.f. If SOLVE4IT GmbH supplies the hardware or parts thereof, its configuration shall be discussed with the customer beforehand.
1. Scope of Use
SOLVE4IT GmbH, Cologne grants the customer the non-transferable and non-exclusive right to use the programmes and related documents provided by SOLVE4IT GmbH on their own. These programmes may neither be given to others nor copied for this purpose. In the case of violation, the customer shall be held fully liable for the resulting damage.
2. Pricing
7.1. The prices set forth in our current price list or the prices stated in our order confirmation apply. Adaptation programming performed at the request of the customer is subject to separate billing.
7.2. Necessary adjustments due to customer-specific requirements shall be performed at the expense of the customer; this also applies if these requirements only become known or obvious when the order is completed or after the conclusion of the contract.
7.3. Invoices shall be due without deduction upon receipt. In the event of default, SOLVE4IT GmbH has the right to interest on overdue payments in accordance with the relevant statutory provisions.
7.4. In the case of default, SOLVE4IT GmbH will set the customer a reasonable grace period for payment, without prejudice to other rights. Once the grace period has expired, SOLVE4IT GmbH is entitled to withdraw from the contract and demand compensation.
1. Transfer of Risk, Acceptance
a. Hardware and other goods. The risk will be transferred to the customer when the goods are delivered to the customer or their representative. In the case of delivery by a forwarding agent, transport law applies. Such transfer of risk falls within the agreed delivery clause. In case of doubt, the clause “ex works”, and “freight collect” applies.
The goods are deemed to have been accepted when the delivery note is signed.
b. Time-Limited Licences for Software
We prefer to license our standard software, which is frequently used, for a limited period. We make this software available for download on one of our servers or our website and send the licence key upon receipt of your payment. Download and activation are up to the customer. Minor upgrades due to subsequent changes in the environment shall be provided as a courtesy arrangement under our conditions, if we consider it reasonable. In the case of major adjustments due to legal changes or other alterations for which SOLVE4ITGmbH is not responsible, the company makes a corresponding upgrade offer. In principle, even with time-limited licensing, SOLVE4IT GmbH only owes the version of the software provided upon delivery (transfer of risk). A transfer of updates is therefore not an obligation, it requires the conclusion of a separate agreement or special retrieval. The programmes are deemed to have been accepted 4 weeks after licensing (communication of the licence number).
c. Software for Purchase
Standard software with an unlimited licence, i.e., for purchase, will be offered only after executing an appropriate agreement.
The programmes are deemed to have been accepted 4 weeks after licensing (communication of the licence number).
d. Special software for the customer
Special adaptations for the customer are subject to a separate agreement.
The programmes are deemed to have been accepted 4 weeks after licensing (communication of the licence number).
1. Delivery
a) The delivery period begins with the dispatch of the order confirmation.
b) Failure to provide the documents, approvals, clearances, etc. to be produced by the customer and failure to make an agreed advance payment(s) will result in the delivery deadlines reasonably postponed
, at least by the period of such delay.
c) If SOLVE4IT GmbH fails to meet the delivery deadlines, the customer may demand compensation for delay if they can prove economic damage.
d) The compensation for delay is limited to 0.5% of the respective order value per completed week, and 15% of the respective order value at most. If there are several partial orders, only the value of the partial order concerned is to be applied.
e) Further compensation claims by the customer are excluded in all cases of delayed performance or non-performance. This does not apply in the case of proven intent or gross negligence.
1. Warranties, Guarantees and Exclusions
a) Warranty: conforming to law, as a supplier/seller, we are obliged to deliver goods (hardware and software) free of defects. If there is a defect at the time of risk transfer, we will endeavour to remedy this defect. If such supplementary performance fails, you may withdraw from the sales agreement within the statutory time limits (regularly 1 year in the B2B area). As a customer, you are obliged to notify us of any defects no later than two weeks after acceptance of the goods.
b) Guarantee: We guarantee that our programs will run for the entire licence period. This guarantee does not apply to changes introduced to the hardware and the operating system after the transfer of risk or initial installation. As a customer, you are obliged to inform us of any defects immediately after becoming aware of them.
c) We assume no liability for financial losses and consequential damages under any circumstances. However, we expressly point out that incorrect usage of our software can cause considerable consequential damage as well as financial damage, in particular, through data loss. The customer bears responsibility for the careful handling of the customer’s data, programmes and hardware.
d) Even with state-of-the-art technologies, errors and issues in complex software systems cannot always be ruled out.
1. Liability
We are not liable for consequential damages and financial losses. The right to compensation is, in any case, limited to the value of the goods.
2. Retention of Title
We reserve our title to goods (hardware and software) that have not been paid for in full. In the event of seizures or other interferences by third parties, the customer must inform SOLVE4IT GmbH immediately and refer to our property rights for their creditors.
3. On-Site Service, Charges and Travel Expenses
Our current price list applies, and we will be happy to send it to you upon request. Our employees and all companies working on our behalf are required to have their services acknowledged on site.
4. Third-Party Products
The use of third-party products is solely within the range of responsibility of the customer.
5. Severability Clause
These General Terms and Conditions, or General Legal Principles of SOLVE4IT GmbH for the cooperation with our house, SOLVE4IT GmbH in Cologne, are to be seen as a supplement or restriction to
applicable legal provisions, in particular to those stated in the Commercial Code and the Civil Code. It is not a closed contract, but some kind of fixation of our conditions on how we would like to work together with you permanently and fairly, and these provisions arise out of the awareness and knowledge of our own business processes. Should any provision of these 16 clauses be deemed or become deemed invalid or void, the validity of the remaining clauses shall not be affected. In order to substitute this invalid/void provision, the parties shall make a provision that comes as close as possible to the purpose intended by the initial one.
