1. Terms and Conditions
1.1 Offer Conditions
- The present General Terms and Conditions of Pocketweb apply exclusively to the services of Pocketweb.
- Conflicting general terms and conditions of the Customer are expressly not recognized.
- These General Terms and Conditions of Business are recognized by the Customer at the latest by placing the order or accepting the service.
- Insofar as software or consulting contracts of Pocketweb contain provisions that deviate from the following General Terms and Conditions, the individually offered or agreed contractual rules take precedence over these.
- Pocketweb is not liable for the economic success based on consulting services, recommended measures or use of the provided software.
- Pocketweb assumes that the software does not infringe on the industrial property rights of third parties and checks this carefully. In the event that a third party asserts against the Customer the infringement of industrial property rights with regard to the supplied Software, the Customer will not hold Pocketweb liable for this.
- Pocketweb is not liable for damage caused by negligence, consequential damage caused by defects, other indirect damage and loss of profit.
- This does not apply insofar as liability is mandatory by law, in particular in the case of injury to life, body or health. Pocketweb’s liability for damage to property caused intentionally or by gross negligence is limited to the damage typically foreseeable in transactions of this type.
- In the event of damage to data storage media, the obligation to pay compensation does not include the cost of recovering lost data and information.
- The customer undertakes to back up his data in advance prior to installations, repairs, hardware changes, etc. The customer shall not be liable for any further damages or expenses.
- Further claims for damages and reimbursement of expenses by the customer, regardless of the legal basis, in particular due to breach of duties arising from the contractual obligation and from tort, are excluded.
- If the customer is entitled to claims for damages according to this clause, these shall become statute-barred 12 months after the statutory commencement of the limitation period.
Pocketweb and the Customer shall treat as confidential with respect to third parties all information, business transactions and documents of which they become aware in connection with this Agreement and which are designated as confidential to them, unless they have already become generally known in some other way. This obligation shall remain in force even after termination of this contract.
1.1.4 Acceptance of programming services
The acceptance takes place actively by the customer.
If an acceptance version is provided, the customer has 14 days to identify errors or have them corrected.
Errors identified by the customer are classified as follows:
- Category 1: Errors that prevent the process. The software cannot be used. The error cannot be circumvented by organizational or other economically justifiable means.
- Category 2: Process-impeding errors. The use of the software is impaired, but can essentially take place. The error can be circumvented with organizational and other economically justifiable aids.
- Category 3: Other errors that do not have a significant impact on the functionality and usability of the software.
The customer will declare acceptance if no reproducible error of category 1 has occurred. Reproducible errors of categories 2 and 3 remaining after acceptance will be eliminated within the scope of the warranty if this is relevant.
If a category 1 error is remedied during the acceptance interval of 2 weeks, the acceptance period shall be interrupted thereby (e.g. if such an error is reported after one week and remedied after 4 days, the acceptance interval shall thereafter continue for only one week and shall not restart).
The client declares the acceptance immediately (in writing or by email), but at the latest within 14 days after receipt of the completion notification email. If he does not do so, the service shall be deemed to have been accepted unconditionally and free of defects upon expiry of the deadline.
With the acceptance, the Client declares to Pocketweb that the programming introduced by Pocketweb complies with the service description.
Use or presentation of the program (to customers/partners, at trade fairs, etc.) by the Customer is also deemed to be acceptance.
Partial acceptance is not permitted.
1.1.5 Warranty for programming services
- Pocketweb guarantees for a period of 12 months after handover that the programming/functionality carried out corresponds to the performance description.
- First of all, Pocketweb must be given the opportunity for subsequent performance within a reasonable period of time. If the subsequent performance fails, the Customer may assert the further statutory claims.
- Claims for defects do not exist if the program is not used in accordance with the applicable installation requirements or is not used in accordance with the applicable conditions of use.
- If the customer or third parties carry out improper modifications or repair work, there shall also be no claims for defects for these and the resulting consequences.
- Pocketweb reserves the right to use developed solutions and work results in the context of PR, marketing and sales or to use name, brand, logo and screenshots for this purpose.
- Pocketweb reserves the right to involve subcontractors/freelancers in the provision of services.
- If individual provisions of the contract are or become invalid in whole or in part, the rest of the contract remains valid. The same applies if there is a loophole in this contract. In place of a wholly or partially invalid provision or to fill the gap, an appropriate provision shall be made which – to the extent legally possible – comes as close as possible to what the parties would have intended if they had considered the invalidity or the gap.
- The place of jurisdiction is Berlin / Federal Republic of Germany.
- The law of the Federal Republic of Germany shall apply to this contract.
- Changes to this contract must be made in writing.