Allgemeine Geschäftsbedingungen (AGB) der innobit ag 13. Dezember 2012
These terms and conditions govern the legal relationship between innobit ag, hereinafter referred to as innobit, and its customers and partners, hereinafter referred to as the customer. The last appropriately communicated version is decisive. These terms and conditions shall apply in addition to other concluded contractual agreements, in which the type, extent and duration of the services to be provided by innobit. Terms and conditions deviating from these shall be in writing.
2. Services provided by innobit
The services provided by innobit or third parties in a professional manner and carefully, using the knowledge and skills available to innobit and the usual professional standards. Innobit is responsible for careful selection, training, installation, professional operation, monitoring and control of the employees employed by it. If necessary, third parties may be consulted to perform the service. Third parties are obliged at least to the same care as their own employees, and innobit remains responsible to the customer.
3. Obligations of the customer
The customer undertakes to provide all necessary information and to create the organizational conditions necessary for the preparation of the service to be rendered. In particular, the customer must, in due time, draw attention to technical requirements as well as to the legal, official and other regulations at the place of destination insofar as they are necessary for the execution and use of the services.
Insofar as services are to be provided on the premises of the customer, the customer is responsible for granting access to rooms, systems and computer networks to innobit employees within the agreed scope.
If a formal acceptance of the deliverables or services has been agreed, the customer undertakes these within three calendar weeks after the delivery or the end of the service and provides a binding and definite list.
Insofar as innobit does not receive such a list within this period, the deliverables or service shall be deemed accepted without reservation.
4. Property, software use
Unless otherwise agreed in writing, the solved problem solutions, including source code (source code) and docu- mentation, remain the property of innobit. The customer shall have the non-exclusive and non-transferable rights to use the programs and the associated documentation. All goods, services and rights of use delivered by innobit or made available remain property of the innobit up to the complete payment.
The guarantee of innobit for the products delivered is determined in every respect according to the warranty provisions of the respective manufacturer or supplier. The sole duty of innobit is to assign any warranty claims against the manufacturer / supplier to the customer. The warranty claims not covered by the manufacturer / supplier as well as additional costs incurred by the customer will be charged to the customer. In the event of a faulty or faulty description of the error, the error search is carried out by innobit at the expense of the customer.