1.Subject of the contract
1.1. The following terms and conditions apply to all legal transactions of Waldo IT, Inh. Zeljko Kovacevic, hereinafter referred to as “Waldo IT”, with their contractual partners, hereinafter referred to in short as “customer”. Any conditions of the customer deviating from these terms and conditions shall only be accepted by Waldo IT after separate and written acknowledgment.
1.2. All agreements between Waldo IT and the customer for the execution of an order must be agreed in writing. Changes, supplements and additional agreements must be made in writing in order to be effective.
1.3. These terms and conditions also apply to all future business relationships with the customer, even if they are not expressly agreed again.
1.4. Waldo IT provides services in the fields of IT programming, design, concept, planning, design and consulting, as well as other services upon request. The services to be provided arise from the joint development with Waldo IT.
2.Elements of the contract and changes to the contract
2.1. The basis for the work of Waldo IT and part of the contract, apart from the sales contract, is the briefing to be delivered by the customer to Waldo IT.
2.2. Any change and / or supplement to the contract and / or its components must be in writing. The customer has to bear the resulting additional costs.
2.3. Events of force majeure entitle Waldo IT to postpone the project commissioned by the customer by the duration of the hindrance and a reasonable start-up period. A claim for damages by the customer against Waldo IT does not result. This also applies if important dates and / or events for the customer can not be met and / or do not occur.
3.Copyright and usage rights
3.1. With the full payment of the agreedfee for the contractually agreed duration and in the contractually agreed scope, the customer acquires the rights of use for all work carried out by Waldo IT within the scope of this order. This transfer of rights of use shall apply insofar as a transfer is possible under German law and apply to the agreed use in the territory of the Federal Republic of Germany. Uses beyond this area require a written agreement within the scope of the order or a separate written sub-agreement. Rights of use for work that has not yet been paid upon termination of the contract remain subject to Waldo IT.
3.2. The services developed in the context of the order are protected as personal intellectual creations by the copyright law. This provision shall also be deemed to have been agreed if the amount of creation required by the Copyright Act has not been reached.
3.3. Waldo IT may sign the work developed by it in an appropriate and customary manner and publish the order for self-promotion. This signing and promotional use can be excluded by a separate agreement between Waldo IT and the customer.
3.4. The work of Waldo IT may not be changed without the express authorization neither by the customer or the customer commissioned third parties in the original nor in the reproduction. Any imitation, even of parts of the work, is inadmissible. In case of violation, Waldo IT is entitled to an additional fee of at least 2.5 times the originally agreed fee from the customer.
3.5. The transfer of granted rights of use to third parties and/ or multiple uses are, if not regulated in the initial order, subject to a fee and require the consent of Waldo IT.
3.6. Waldo IT is entitled to request information about the scope of use.
4.Remuneration
4.1. The remuneration agreed in the contract applies. Unless otherwise agreed by contract, payments are due within 14 days of invoicing without any deductions. If payment deadlines are exceeded, Waldo IT is entitled to a default interest of 10% above the base interest rate pursuant to §1 of the Discount Rate Transfer Law without further warning. The right to assert further damage remains unaffected by this provision. Reminder costs and the costs -also out of court -legal investments are for the account of the customer.
4.2. If the provision of the agreed services extends over a longer period of time or if several units are involved, Waldo IT can bill the customer for advance payments for the partial services already provided. These partial services do not have to be available in a form that can be used by the customer and may also be available as a pure working basis on the part of Waldo IT.
4.3. In the event of changes or abortions of orders, works and the like by the customer and / or if the conditions for the provision of services change, Waldo IT will be reimbursed for all costs incurred and Waldo IT will be released from any liabilities towards third parties.
4.4 Cancellation by the customer of the order is only possible up to 48 hours before the start of the order. Subsequently, Waldo IT will charge the customer the full price of the contractually agreed fee as a cancellation fee.
4.5. Objections to payroll accounting of Waldo IT shall be made immediately upon receipt of the invoice, but no later than 2 weeks after the date of the invoice or invoice date, without, however, affecting the due date. The omission of timely objections is considered approval.
5.Retention of title
5.1 Waldo IT retains ownership of the delivery items until full payment.
5.2. Designs and drawings are granted only usufructuary rights, but not property rights.
5.3. The originals must therefore be returned undamaged within a reasonable time unless otherwise agreed.
5.4. Waldo IT is under no obligation to deliver files, source files or layouts created on the computer to the customer. If the customer desires the publication of the computer data or source data, this must be agreed separately and remunerated. If Waldo IT has provided computer files to the customer, these may only be changed with the prior consent of Waldo IT.
6.Special services, incidental and travel expenses
6.1. Additional expenses based on the fact that the work exceeds the agreed upon time of the respective service will be regulated in a separate contract / service. The given time results from the product description.
6.2 Special services such as Proofreading of texts are carefully read to the best of our knowledge, reworking, changes to final artwork, preparatory requirements for order processing, pressure monitoring, etc. are charged separately according to the time required.
6.3. If more designs or designs are made on request of the customer, they will be invoiced separately. The number of designs will be recorded in the offer and requires a detailed briefing from the customer. As a rule, an offer includes 2-3 designs for advertising material and an advertising concept.
6.4. Expenses for additional technical costs, in particular special material, making of models, photos, interim photographs, reproductions, photosetting, printing, etc. are to be reimbursed by the customer.
6.5. Travel costs incurred in connection with the order will only be charged if agreed with the customer.
7.Additional services
7.1. Unforeseeable additional expenditure requires the mutual agreement and if necessary the Nachhonorierung, this also applies to overtime, which goes beyond the agreed time of the respective product.
8.Marking
8.1 Waldo IT is entitled to point out the originator of all work and all advertising measures without the customer being entitled to any compensation.
8.2 Waldo IT is entitled to point out the business relationship on its Internet websites with name and company logo.
9.Delivery times
9.1 The delivery obligations of Waldo IT are fulfilled as soon as the work and services have been handed over by Waldo IT. The risk of transmission (for example, damage, loss or delay), regardless of which medium is transmitted, is borne by the customer.
9.2. Delivery times and delivery dates are only binding if the customer has any obligation to cooperate, for example. Procurement of documents, releases, provision of information, creation of service catalogs / compulsory books has properly met and the dates of AU have been confirmed in writing.
9.3 A delay on the customer side makes it impossible to guarantee timely scheduling.