| General terms and conditions
1. Scope
The following general terms and conditions apply exclusive and until the announcement
of new general terms and conditions. Alternativ general terms and conditions
on the part of any customer will not be part of the agreement also without formally
objection of SHAREWORK.
2. Services of SHAREWORK
SHAREWORK sells software licenses and/or software to professionel and private
customers. SHAREWORK provides services of different kinds as a bank service provider.
Also the SHAREWORK internet offering is liable to the general terms and conditions.
Not included are shop syndication solutions which are allocated in the internet
for a third party.
3. Term of contract and cancelation of software licenses
The license contracts accomplish with purchase of a software license or cross
signing. With the contract respectivly software the customer gains the authorization
from SHAREWORK to use the license not exclusive but in coverage of a separate
individual arrangement. However at the earliest of the first in the month following
the signing of the contract. If SHAREWORK accords licenses earlier so the legislation
relations between the contract partners defines about the general terms and
conditions.
SHAREWORK offers the customer licensing with a contract period of one year in
each case starting with the first of the month which follows the signingof the
contract.
The letter of cancelation has to be reiceved by counterparty before the start
of the cancelation period. The right to cancel extraordinary stays intact.
After receipt of written confirmation customers have the right to cancel the
contract within 30 days extraordinary and with immediate effect. Through this
customers get the possibility to test the software license. If customers do
not declare towards SHAREWORK the extraordinary cancelation within the time
limit the contract duration is basically 12 month with in each case annual automatically
extension.
4. Pricing, changes in prices and invoice conditions
The customer commit himself to prepay in due time for the attendance and the
allocated software / software license for example the arranged license charge
for three month respectivly six month.
SHAREWOK is entitled to raise the prising everytime with three month written
advanced notice. If the customer does not agree it is possible to cancel the
service extraordinary with a certified mail which has to arrive at the latest
two month before the intended increase of prizes. If the customer price index
of the Federal Statistical Office go up for employee households with middle
income in relation to the basic year 2001 more then 10 points compared to the
estate during inception of treaty or the last increase in price so SHAREWORK
changes prizes percentage accordant. Such a alteration in prices doesn’t
allows an advance termination of the contract.
All accounts has to be payed within seven days from date of invoice without
discount of the customer. If customer comes into delay SHAREWORK legitimated
to bill interest for delay to toe a interest loan of 4 four per cent over current
bank rate of the Deutsche Bundesbank. If SHAREWORK proves a higher damage caused
by delay so SHAREWORK is enabled to assert this.
Accumulate rights for the customer are only included if claims against SHAREWOK
are legally binding or beyond controversy. Deductions as a result of other reasons
are not allowed. All fixed prices in this agreement are quoted exclusive added
value tax and other taxes which may be levied on it.
5. Abnormal contract termination
SHAREWORK can cancel the service without notice anytime if the customer offend
against the general terms and conditions respectively the contract particularly
if the customer is behind schedule with payment of the accounts and if the breach
of agreement is remediable, SHAREWORK communicated this to the customer and
the facts of the case are not eliminated within seven days.
If SHAREWORK as a result of expiring contracts with third parties which could
no be renewed is not able to pass certain software or software license SHAREWORK
is allowed to cancel the contract or parts of the contract without discount
concerning the relevant software license which could not be delivered anymore.
The customer can not deduce rights or claim for damages herefrom. At a reduce
in parts of the attendance the rest of the contract stays intact. In this case
SHAREWORK is beholden to compensate the already paid benefit pro rata temporis
and accordant to the amount of the reduced license contract.
6. Responsibilities of the customer
The customer is responsible for the access to the software respectively software
license and the dedication anytime.
For customers it is explicit prohibited to give parts or the software or software
license to third parties. The customer commit himself to use the software or
software license only for himself. All software which is offered by SHAREWORK
is excluded from replacement particularly after opening the sealing.
The customer commit himself to use the software / software license only according
to agreement particular not to clone it. Additional apply the appointments of
§§ 69 a ff german copyright act.
7. Liability limitations
SHAREWORK declines all liabilities and responsibility for detriments, losings,
charges, expenses or commitments any kind (including indirect detriments or
consequential damage) which arise as a result or in coherence with the generate
attendance respectively the allocated software or software license. In particular
the commitment for detriments because of errors, lags, failure or inaccuracies
of the delivered software / software license.
Protuberance restriction of liability is not essential as far as the cause of
damage is intended or grossly negligent as well as warranted characteristics
are missing. If a basic liability of the agreement is careless injured so the
adhesion of SHAREWORK is defined on the foreseeable typical agreement.
The size of a claim for damages opposite to SHAREWORK is in every case subjected
stringent to legal rules and regulations and not higher than 25.564, 60 Euro.
8. Force Majeure
Both parties reserved to themselves the default respectively defective completion
of their terms of contract as a result of events which they do not have to represent
and which they did not knew while acting in good faith when the contract was
signed.
If such an incidence arrives the affected party is engaged to brief the counterparty
about the incident and the relevance for the fulfilment of the contract directly.
If the impossibility to accomplish the contract takes more than two month both
parties have the right to exit the contract without compensation and directly.
9. Other appointments
The abandonment of outstanding bills from the license contract to third parties
requires the written acceptance of SHAREWORK. SHAREWORK is always legitimated
to assigned rights and responsibilities of the license contract to third parties.
Modifications of the license contract and its affixes as well as all declarations
in coherence with this conditions and modifications of all contracts between Sharework and its contract partner in general must be done in written form. Written form means fax or letter. Should several appointments
of this conditions all or in part be effectless or will be effectless, or should
be a desideratum inside so the activity of the other appointments is not be
touched. Both parties commit to create a resolution for an effectless appointment
or to fill the desideratum which comes contently near to the volitional aim
of the effectless appointment or accounts what the parties would arrange if
they had considered the absentee point. Only german rights are adaptive on this
agreement.
AS COURT OF JURISDICTION THE PARTIES ARRANGE EXPLICIT HAMBURG.
|