General Terms and Conditions of Locatech IT Solutions GmbH

Our services are listed in the order and include process analysis, consulting, project management, software development and related services. The scope of the services results from the service description in a price list and/or in the offer as well as from the information in the contract that refers to this. Locatech IT Solutions reserves the right to expand and change services and to make improvements. Locatech IT Solutions is also entitled to reduce the services. Insofar as Locatech IT Solutions provides services or performances free of charge, these can be discontinued at any time and without prior notice. A reduction, reimbursement or damage compensation claim does not result from this.

Requests for appointments must be confirmed by us. If we are in default with our services, the customer must set a reasonable grace period (corresponding to the scope of the work) in writing before he can withdraw from the contract. The period of grace begins with the receipt of the written notification. The deadline shall be extended by the time of disruptions due to force majeure or other unavoidable events.

If, after we are already in default, the customer sets us a reasonable grace period with a threat of refusal, the customer shall be entitled to withdraw from the contract if this grace period expires without result. Claims for damages due to
The customer is only entitled to compensation for non-performance in the amount of the foreseeable damage,
if the delay is due to intent or gross negligence or to a breach of a material contractual obligation.

The use of our software products and associated documentation is permitted exclusively through a software license issued by us, which comes about through the conclusion of a contract with us and a corresponding order confirmation. Our software products are partly based on licenses granted elsewhere. The use of the licensed software is limited to the contractually agreed system configuration.

You are not authorized to do so without written permission from Locatech IT Solutions GmbH,

• to make copies of the software beyond the above permission;
• to lease or sublicense the software or to make it available to third parties in a manner not expressly permitted or to pass it on to third parties;
• to continue to operate the full/test versions of the software after the end of the agreed term;
• change, modify or adapt the software (including translating or modifying it);
• to use a copy as installation software (system software) or to have it used by third parties.

   

• The provisions of copyright law according to German jurisdiction (Sections 53, 69a, 69g of the German Copyright Act (Urheberrechtsgesetz/UrhG)) apply here in addition.
  The customer shall only receive the unrestricted and exclusive right of use and disposal for the entire result of the work carried out by Locatech IT Solutions if this has been expressly agreed. Source codes shall also only be handed over if this has been expressly agreed.

  This also applies to trial versions with a limited period of use (usually 30 days from commissioning) as well as to trial versions with a limited range of functions.

Unless otherwise stated in our order confirmation, the fee is due for payment net (without deduction) immediately from the invoice date. Deduction of discount requires special written agreement. For projects with a duration of several months, partially completed work is also invoiced on a monthly basis. Discounts and rebates granted shall only apply if the corresponding invoice is paid on time.

Statutory VAT is not included in our prices. It will be shown separately on the invoice at the statutory rate on the day of invoicing.
Unless otherwise agreed, invoices are payable immediately after invoicing without deduction. If the customer participates in the direct debit procedure, a payment period of 14 calendar days applies. Delivered goods remain the property of Locatech IT Solutions until full payment has been made.

The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. Furthermore, he is authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
If the customer claims that fees charged to him for which he is liable were not caused by him or a third party, he must provide conclusive and legally verifiable evidence of this.

In the event of late payment by the customer, Locatech IT Solutions will charge a flat-rate reminder fee of EUR 20.00. In case of default of payment by the customer, Locatech IT Solutions is entitled to take appropriate measures to avoid further costs for Locatech IT Solutions or the customer. In this case, the customer remains obliged to pay the monthly fees. If the customer is in default of payment, Locatech IT Solutions is also entitled to charge interest at a rate of 3% above the discount rate of the Deutsche Bundesbank, unless Locatech IT Solutions can prove a higher interest charge. If the customer is in arrears with the payment of the fees or a not insignificant part of the fees for two consecutive months, Locatech IT Solutions is entitled to terminate the contractual relationship without notice.

Locatech IT Solutions reserves the right to assert further claims due to default of payment.

The contract term begins on the date stated in the order confirmation.
It shall be at least 12 months, unless otherwise agreed. Both parties are entitled to terminate the contract with a notice period of 3 months to the end of the respective contract year, unless otherwise agreed. The term is automatically extended without further notice.

If the order/contract provides for hourly quotas, these shall apply for the agreed invoicing period and shall expire at the end of this period, unless otherwise agreed.

Defects in our services must be reported immediately. In the event of complaints, we shall in any case have the right to rectify the defect within a reasonable period of grace. If the rectification of defects fails, the customer shall be entitled, at his discretion, to demand rescission of the contract (rescission) or a corresponding reduction of the remuneration (reduction). Further claims of the customer – regardless of the legal grounds – are excluded. In particular, we shall not be liable for loss of profit or other financial loss suffered by the customer. The customer must inspect the work handed over immediately. He must notify us of obvious defects within one week.

If the cause of the damage is based on intent or gross negligence or the breach of a material contractual obligation, we shall be liable in accordance with the statutory provisions. In the event of a breach of an essential contractual obligation, liability is limited to the damage typical of the contract.

Any further liability for damages – regardless of the legal nature of the asserted claim – is excluded.