ToS - Terms of Service

and the client, which contains, among other things, the exact specification of the task, the remuneration and the time frame of the services to be provided. If a written contract is not drawn up, the following terms and conditions apply as agreed between the client and the contractor when the order is placed. This agreement thus replaces the written contract and forms the terms and conditions between the client and the contractor.

 

The term of the agreement on a scientific service begins with the receipt of payment of the first half of the agreed remuneration on the specified account of the contractor. The transfer of services to the client for the fulfillment of the tasks described will then take place by the agreed date. Deviations from the agreed time frame resulting from unforeseeable difficulties in providing the agreed scientific services when the agreement was concluded (e.g. further information requirements on the part of the contractor, illness of the contractor, renegotiations about additional services) do not affect the validity of the agreement.

 

The parties will treat all knowledge, documents, tasks, results and business transactions from the area of the other party that become known to them on the basis of this agreement or its implementation as confidential and will not make them available to third parties without the prior written consent of the other party. This obligation also applies for a period of five years after the end of the agreement. The obligation of confidential treatment does not apply to information that was already known to the receiving party before the conclusion of this agreement, as well as to information that was already evident at this point in time.

 

The obligation also does not apply to information of which the receiving party can prove that it received this information from a third party after the conclusion of this agreement without an obligation of confidentiality, provided that this third party did not obtain the information directly or indirectly from the notifying party as well as for information regarding which the receiving party can prove that the information in question became generally available after the conclusion of the agreement through no fault of its own. The contractor undertakes to surrender the documents provided to it immediately at the request of the customer, otherwise immediately after the completion of the order, without further request to the customer.

 

Rework / liability

The contractor will perform the agreed services with the necessary care. The client and the contractor agree that the contractor will meet these obligations if it takes the usual care, applying the state of the art and utilizing its own knowledge and experience. If necessary, the contractor will carry out any necessary subsequent improvement work, insofar as it is not disproportionate and does not go beyond the agreed subject matter of the agreement, up to six weeks after the delivery of the services and within the framework of the human and material resources available from the basic equipment of the contractor. The contractor is only liable for willful or grossly negligent actions. The amount of the contractor's liability for negligence is limited to the total remuneration to be paid. Liability for loss of production, business interruption and loss of profit as well as other consequential damage is excluded.

 

Work results

Upon payment of the agreed remuneration, the client acquires a non-exclusive, transferable, unlimited right of use in all types of use for the work results resulting from the performance of the contractually agreed services.

 

Termination

This agreement can only be terminated for good cause. In the event of termination, the result achieved must be returned to the client immediately. The contractor is careful to present a usable partial result. The total remuneration is to be paid proportionally according to the scope of the services already provided.

 

Other agreements

Should any provision of this agreement be or become ineffective or unenforceable, this shall not affect the validity of the rest of this agreement. In such a case, the client and the contractor undertake to replace the invalid or unenforceable provision with an effective or enforceable provision that corresponds as closely as possible to the spirit and purpose of the provision to be replaced; the same applies to any loopholes in this agreement. Changes and additions to this agreement must be made in writing. With the signing of this agreement, all prior agreements or arrangements between the parties concerning the content of this agreement lose their validity. Neither party is entitled to transfer rights or obligations from this agreement to third parties without the prior written consent of the other party. 

 

Linguistic differences

In the case of different content according to language or different interpretation of content and similar language differences, the content in Croatian is considered to be authentic and original. The content in Croatian is the primary language for all translations.

We apologize in advance for translation errors.

 

The place of jurisdiction is Landau an der Isar.