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Terms and Conditions

§ 1. Scope

The following conditions apply between jazzy-software S.L.U. (hereinafter referred to as contractor) and its client for all orders for consulting, planning, organizational and programming tasks and similar services, unless otherwise agreed in writing.

§ 2. Object

The subject of the contract is the agreed service (activity), which is carried out according to the principles of proper professional practice by the contractor or qualified employees of the contractor within the agreed period. The Contractor reserves the right to select a service employee.

§ 3. Scope of services

The task, the procedure and the type of working documents to be delivered are regulated in the written agreements of the contracting parties. Changes, additions or extensions to the task, the procedure and the type of working documents require a special written agreement.

§ 4. Special obligations of the contractor

The contractor is obliged to treat confidentially all information about company and business secrets as well as all access data made available to him by the client.

§ 5. Customer's obligation to cooperate

1. The client undertakes to support the work of the contractor. In particular, the client creates all the prerequisites in the area of u200bu200bhis operating sphere that are necessary for the proper execution of the order free of charge. These requirements include, among other things, that the client

i. provides the contractor with access to hosting, web server and CMS/shop backend to the extent necessary to carry out his work

ii. designates a contact person who is available to the contractor during the agreed working hours; the contact person is authorized to make declarations that are necessary as interim decisions within the framework of the continuation of the order

iii. provides the contractor with access to the information necessary for his work at any time and provides him with all the necessary documents in good time

iv. provides sufficient test data in the case of programming work.

2. The customer guarantees that the reports, organization charts, drafts, drawings, lists and calculations produced by the contractor as part of the order are only used for his own purposes. Insofar as copyrights have arisen in the work results of the contractor, they remain with the contractor.

§ 6. Force majeure

Events of force majeure that make the service significantly more difficult or impossible for the contractor entitle him to postpone the fulfillment of his obligations for the duration of the hindrance and a reasonable start-up time. Strikes, lockouts and similar circumstances that directly or indirectly affect the contractor are equivalent to force majeure.

§ 7. Default of acceptance

1. If the customer defaults in accepting the services or if the customer fails to cooperate or delays the cooperation required of him in accordance with § 5 or otherwise, the contractor may demand the agreed remuneration for the services not rendered as a result, without to be obliged to perform.

2. The contractor's claims for reimbursement of the additional expenses incurred remain unaffected.

§ 8. Duration of contract and termination

The contract ends at the end of the agreed time. However, it can be terminated in writing beforehand with a notice period of 8 weeks if this is required for operational reasons on the part of the client. In this case, the remuneration of the contractor is regulated as follows:

The full remuneration is to be paid for the services rendered by the contractor up to the end of the contract. For the services no longer to be provided as a result of the premature termination, the remuneration shall be waived to the extent that the contractor has saved expenses and/or has generated income through other use of the freed-up staff or has maliciously failed to generate such income.

§ 9.Duties of loyalty

Client and contractor commit to mutual loyalty. In particular, the client must refrain from hiring or employing employees or former employees of the contractor who have been active in connection with the execution of the order before the end of 12 months after the end of the cooperation.

§ 10. Fees, ancillary costs, due dates

1. The remuneration for the services of the contractor or his employees is to be calculated according to the times used by the contractor and his employees for their work, including travel times (time fees), unless otherwise specified in special cases.

2. The amount of the fee is based on the hourly rate of the contractor valid at the time the order is placed.

3. The hourly rate can be changed by the contractor, taking into account the underlying economic circumstances. The fee for the service provided by the contractor after a change in the hourly rate is based on the new hourly rate. The new hourly rate applies to all services rendered after 6 weeks of notification to the client.

4. The due dates are to be agreed separately. All invoices are to be paid immediately and without deduction.

5. Fees and other invoiced amounts (e.g. license costs, travel or other expenses, ancillary costs, etc.) are exclusive of IVA (VAT). The customer is not entitled to a right of offsetting or retention.

§ 11. Additional conditions for web hosting

1. The contractor is not responsible for the content of the websites he hosts.

2. The contractor is entitled to block or remove pages or web applications if they violate applicable law by content or function or are otherwise likely to disrupt proper server operation. In particular, this includes the distribution of so-called spam e-mails and - even unknowingly - the distribution of malware. The duty of payment for the agreed web hosting remains unaffected.

3. Fees for web hosting are generally due in advance for the agreed payment period.

4. Unless otherwise agreed in individual cases, a minimum contract term of one year applies to web hosting services, after which a web hosting contract can be terminated with a notice period of 6 weeks to the end of the quarter.

§ 12. Miscellaneous

1. If provisions of the General Terms and Conditions of Contract are ineffective, the remaining provisions remain unaffected. The parties undertake to replace the ineffective regulations with economically equivalent ones.

2. Changes and additions to the contract must be made in writing and must be expressly marked as such.

3. The place of jurisdiction for both parties is the place of business of the contractor.