The client acknowledges that fulfilling his duty to cooperate is a fundamental prerequisite for the provision of services by Koverings and an essential service obligation of the client.To fulfill his duty to cooperate, the client employs sufficiently qualified employees. The client\u2019s employees will in particular inform Koverings, without being asked, of industry-typical or company-specific requirements and procedures, unless these are listed in the offer documents. The client must provide all technical or other documents and information that are necessary for Koverings to provide the service, even without being asked to do so, if necessary in the form specified by Koverings.The client will keep Koverings informed of all circumstances within its sphere that may have an impact on Koverings\u2019s contractual obligations, in particular on the agreed scope of services and schedules.If the client does not fulfill one of its obligations to cooperate properly or on time, the contractually agreed execution periods will be extended in accordance with the delay in fulfillment. If an actual lesser or greater impact on the execution periods is specifically proven or something else is agreed, the execution periods will be extended in accordance with the actual impact. Koverings is entitled to invoice additional costs caused by inadequate cooperation on the part of the client, in particular for extended provision of its own personnel or material resources, at the agreed rates.<\/span><\/p>\n[\/et_pb_text][et_pb_accordion module_class=”dct_faq_v2″ _builder_version=”4.27.4″ toggle_font=”Poppins||||||||” body_font=”Roboto||||||||” locked=”off” global_colors_info=”{}”][et_pb_accordion_item title=”Violation of industrial property rights” open=”on” _builder_version=”4.27.4″ text_orientation=”justified” global_colors_info=”{}”]<\/p>\n
\u200dKoverings guarantees that the \u201cwork results\/services provided\u201d do not infringe any industrial property rights of third parties when used in accordance with the contract. The client is released from third-party claims by Koverings, provided that the client immediately informs Koverings of such third-party claims of intellectual property rights and leaves the legal defense or settlement negotiations to Koverings. Koverings \u2013 Matthias D\u00fcnnweber Software (hereinafter \u201cKoverings\u201d) may use the client\u2019s company and brand as a reference for marketing purposes. \u200d \u200d Confidentiality<\/p>\n
The client and Koverings and their employees mutually undertake to treat as confidential all trade and business secrets as well as other confidential and sensitive documents and information of the other party that are obtained in connection with the fulfillment of the order and are expressly designated as confidential or are clearly not intended for third parties. Generally known information is excluded from the confidentiality obligation. Scope of services The scope of services includes only the items for deliverables specified in the written order confirmation or in the offer if additional deliverables are subsequently determined. Offer can be expanded by the customer at any time Acceptance and delay in acceptance<\/p>\n
\u200dThe basis for acceptance are the delivery items for deliverables specified in the written order confirmation.
With acceptance, the client recognizes the object of the order as essentially in accordance with the contract. If formal acceptance is not granted, the handover of the object of the order to the client, or at the latest the use of the object of the order by the client, automatically counts as acceptance.<\/p>\n
Deliverables are deemed to have been accepted if the client has not stated the reasons for refusing acceptance in writing within 14 working days after the end of the period agreed for the acceptance period, or if a deliverable is used productively for a period of more than 14 working days.If the client submits a list of defects preventing acceptance on time, Koverings will remedy these defects. Acceptance is deemed to have been granted as soon as Koverings has remedied the defects complained of or has proven that they are not defects. The software is deemed to have been accepted at the latest when the invoice is paid.With the acceptance of the deliverables, Koverings transfers the irrevocable, unrestricted and exclusive right to use the software, including the associated documentation, to the client. The client thus has the right in particular to reproduce the deliverables, to modify them and to combine them with other programs. The client\u2019s right to use the software includes the right to grant rights of use to third parties.<\/p>\n
If the client is in default of acceptance or culpably violates other obligations to cooperate, Koverings is entitled to demand compensation for the damage incurred, including any additional expenses. Further claims remain reserved.<\/p>\n
If the client is in default of acceptance, the risk of accidental loss or accidental deterioration of the service passes to the client at the time at which the client is in default of acceptance or payment.Deviations from the above acceptance conditions are only effective if Koverings confirms them in writing.<\/p>\n
Rescheduling<\/strong>
\u200dIf a date for the provision of services by Koverings cannot be met due to force majeure, illness, accident or other circumstances for which Koverings is not responsible, Koverings is entitled, excluding any liability for damages, to reschedule the services on a new date to be agreed. If the client does not attend an agreed date for the provision of services by Koverings, an alternative date will be agreed for the implementation of the planned activity. The client shall bear the agreed service fees if the cancellation is made by the client for reasons for which Koverings is not responsible, in accordance with the following regulation: if the cancellation occurs within the start to 7 working days before the planned date, 80% of the fees \u2013 if the cancellation occurs within 6 to 3 working days before the planned date, 90% of the fees \u2013 if the cancellation occurs up to 2 working days up to the project day and thereafter, 100% of the fees.\u00a0<\/p>\n[\/et_pb_accordion_item][\/et_pb_accordion][et_pb_text _builder_version=”4.27.4″ _module_preset=”default” text_font=”–et_global_body_font||||||||” text_letter_spacing=”1px” text_line_height=”1.8em” text_orientation=”justified” global_colors_info=”{}”]<\/p>\n
Liability<\/strong><\/p>\nKoverings is only liable for damage caused by gross negligence or intent by Koverings, legal representatives or vicarious agents of Koverings. In the event of a breach of essential contractual obligations by Koverings, on the fulfillment of which the client can rely to a particular degree, Koverings is also liable in cases of simple negligence. Koverings is liable without limitation for damages resulting from injury to life, body and health that are based on a breach of duty for which Koverings, its legal representatives or vicarious agents are responsible. In the event of intent or gross negligence, Koverings is only liable to the extent of typically foreseeable damages. The same applies if Koverings is liable for simple negligence. Except in the case of intent or injury to life, body and health, liability for indirect damages, such as lost profits, missed savings and data loss, is excluded.<\/span>
<\/span><\/p>\nTo the extent that Koverings is liable, such liability is limited in total, except in the case of intent or injury to life, body or health, to the amount of the remuneration received by Koverings within the scope of the respective order.The above limitations of liability also apply to the benefit of Koverings employees and also apply in the case of pre-contractual or tortious liability.<\/span>
<\/span><\/p>\nIf the client intervenes in the work results delivered without the written consent of Koverings, Koverings\u2019s liability for any resulting damage shall be waived. Koverings reserves the right to claim damages.The burden of proof for proving that damage is not due to the client\u2019s intervention in the work results delivered rests with the client.<\/span><\/p>\nThe client\u2019s obligation to prevent and mitigate damage, particularly in the case of data or file loss, remains unaffected. The loss of data is not eligible for compensation unless backup copies have been made regularly at least once a day on separate data storage devices. <\/span><\/p>\nAll liability claims of the client against Koverings \u2013 with the exception of claims for injury to life, body and health as well as for intentional or grossly negligent breaches of duty \u2013 expire within one year after the claim arose and the client became aware of the circumstances justifying the claim against Koverings or should have become aware of them without gross negligence. <\/span><\/p>\nWarranty<\/strong><\/span><\/p>\nThe client will notify Koverings of any defects in writing and describe them in detail immediately, but no later than within 2 weeks of discovery. <\/span><\/p>\nIf the notification is not made or if the notification is not made within the specified limitation period, Koverings is released from liability for such obvious defects. Koverings reserves the right to remedy all deliverables created for the client. <\/span><\/p>\nInsignificant defects are recorded by Koverings during the warranty period and remedied in one step at the end of the warranty period. The number of attempts required for the subsequent performance to fail depends on the complexity of the work results to be created; in any case, this cannot be assumed if two unsuccessful attempts at subsequent performance are made. The client is not permitted to remedy the defect themselves with the involvement of third parties.<\/span><\/p>\n\u200dPrices and payment terms<\/strong><\/p>\nIf the remuneration stated in the offer is based on \u201cman-days\u201d, \u201cperson-days\u201d, \u201cperformance days\u201d or similar, these correspond to eight hours of time. Unless otherwise agreed, Koverings invoices services based on the applicable daily or hourly rates. <\/span><\/p>\nTravel costs and expenses as well as outlays incurred by Koverings for the provision of the contractually owed service will be invoiced additionally. Prices are net EURO, plus the applicable statutory VAT, without deductions, unless otherwise agreed. Invoices for the hours worked are issued on the last day of each month and are due for payment 14 days after receipt of the invoice. If an invoice has not been issued by the last day of each month, it can also be issued later. <\/span><\/p>\nIn case of doubt, invoices are deemed to have been received three working days after the invoice date. The client is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. Furthermore, the customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship. <\/span><\/p>\nKoverings is entitled to initially offset payments against the older liabilities of the customer if the customer does not make any provisions when making payments. <\/span><\/p>\nIf the customer has to pay interest and costs in addition to the main service, any service that is not sufficient to pay off the entire debt will first be offset against the costs, then against the interest and finally against the main service. <\/span><\/p>\nIf the customer specifies a different offset, Koverings can refuse to accept the service. All claims by Koverings become due immediately if the payment terms are not met or if Koverings becomes aware of circumstances that, in its reasonable commercial discretion, are likely to reduce the customer\u2019s creditworthiness. <\/span><\/p>\nKoverings is also entitled, without prejudice to further legal rights, to only carry out outstanding services against advance payment and to demand security or to withdraw from the contract after a reasonable grace period or to demand compensation instead of performance.<\/span><\/p>\n[\/et_pb_text][et_pb_accordion module_class=”dct_faq_v2″ _builder_version=”4.27.4″ toggle_font=”Poppins||||||||” body_font=”Roboto||||||||” locked=”off” global_colors_info=”{}”][et_pb_accordion_item title=”Cost rates” open=”on” _builder_version=”4.27.4″ text_orientation=”justified” global_colors_info=”{}”]<\/p>\n
\u200dThe basis for calculation is a 40-hour week, normal working hours 8.0 hours a day from Monday to Friday. The daily\/hourly rates agreed in the order confirmation apply to working and waiting times. (1 man-day = 8 hours). Travel times are changed separately.Waiting times: Period in which our employee is available to the client at the place of work, but is prevented from working in the client\u2019s interest through no fault of his own.<\/span><\/p>\nTravel times: <\/strong><\/p>\nPeriod that our employee needs to reach the place of work when traveling. Place of jurisdiction, applicable law. <\/span>The legal relationship between the parties is subject exclusively to the law of the Federal Republic of Germany. The exclusive place of jurisdiction is Munich. Severability Clause Should individual provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions of this contract. <\/span><\/p>\nThe parties undertake to replace invalid provisions with new provisions that comply with the provisions contained in the invalid provisions in a legally permissible manner. The same applies to regulatory gaps contained in the contract. <\/span><\/p>\nIn order to remedy the gap, the parties undertake to work in a manner that comes closest to what the parties would have determined according to the spirit and purpose of the contract if they had considered the point. Munich, as of August 2020, Koverings \u2013 Matthias D\u00fcnnweber Software<\/span><\/p>\n[\/et_pb_accordion_item][\/et_pb_accordion][\/et_pb_column][\/et_pb_row][et_pb_row _builder_version=”4.27.4″ _module_preset=”default”][et_pb_column _builder_version=”4.27.4″ _module_preset=”default” type=”4_4″][et_pb_code _builder_version=”4.27.4″ _module_preset=”default” hover_enabled=”0″ sticky_enabled=”0″]<\/p>\n
Scope of Application<\/h2>\n
These Terms & Conditions (\u201cT&C\u201d) govern all contractual relationships between Koverings GmbH, Julius-Brecht-Stra\u00dfe 4, 60320 Frankfurt am Main, and business clients regarding the provision of digital solutions, software platforms, professional services, data-driven services, and consulting for the construction and industrial sectors.<\/pee>These Terms and Conditions (T&C) apply exclusively; any conflicting or supplementary terms of the Client do not apply.<\/pee><\/p>\nServices Provided<\/h2>\n
Koverings GmbH provides:<\/pee>1. Digital platforms and SaaS solutions2. Data-driven services and analytics3. Workforce enablement tools4. Equipment visibility and operational efficiency solutions5. Project management support systems6. Consulting, implementation, and integration services<\/pee>The specific scope of services results from the respective contract, service order, proposal, or individual agreement.<\/pee><\/p>\nContract Conclusion<\/h2>\n
A contract is concluded when the Client accepts an offer from Koverings in writing or electronically. Verbal agreements require written confirmation.<\/pee><\/p>\nAvailability of Digital Services<\/h2>\n
4.1 Koverings strives to maintain high availability of its cloud-based services (hosted on AWS).<\/pee>4.2 No guarantee is provided for uninterrupted availability, especially in cases of:a) Necessary maintenanceb) Force majeurec) Third-party service outagesd) Network failures<\/pee><\/p>\nClient Obligations<\/h2>\n
The Client shall:a) Ensure accurate and lawful data inputb) Maintain confidentiality of access credentialsc) Use the software only for lawful business purposesd) Ensure internal compliance with occupational, data protection, and industry laws<\/pee><\/p>\nIntellectual Property Rights<\/h2>\n
All software, platforms, content, documentation, and materials provided by Koverings remain the exclusive intellectual property of Koverings GmbH.<\/pee>The Client receives a non-exclusive, non-transferable, limited license for the agreed term.<\/pee><\/p>\nData & Confidentiality<\/h2>\n
7.1 Koverings processes data in accordance with GDPR and its Privacy Policy.<\/pee>7.2 Confidential information exchanged during the collaboration shall be protected by both parties and not disclosed to third parties.<\/pee><\/p>\nWarranty<\/h2>\n
For software and services:a) Koverings provides commercially reasonable efforts to resolve defectsb) A defect exists when functionality deviates significantly from agreed specificationsc) No warranty applies for misuse, unsupported system environments, or unauthorized modifications<\/pee><\/p>\nDispute Resolution<\/h2>\n
Koverings GmbH is not obliged and not willing to participate in consumer arbitration under the VSBG.<\/pee><\/p>\nJurisdiction & Applicable Law<\/h2>\n
These T&C are governed by the laws of the Federal Republic of Germany.Place of performance and exclusive jurisdiction: Frankfurt am Main.<\/pee><\/p>\nChanges to These Terms<\/h2>\n
Koverings may update these T & Cs when necessary.Clients will be informed of changes; continued use of services constitutes acceptance.<\/pee>[\/et_pb_code][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"Terms and Conditions Home Terms and Conditions \u200dAll agreements and offers are based on the following general terms and conditions; they are recognized by placing an order or accepting the service. Deviating conditions of the contractual partner that are not expressly recognized in writing are deemed to be non-binding, even if they have not been […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"\r\n
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