for agreed IT services via the Application timeowl.io of tobias-sell.com
Timeowl.io Tobias Sell Helene-Engelbrecht Str. 21 38124 Braunschweig Germany
As of 10.01.2021
scope & general
These General Terms and Conditions (TOC) apply to the contractually agreed provision of of IT services via the application timeowl.io of tobias-sell.com (the “Company”) to the customer.
conclusion of contract
By selecting the appropriate service and confirming the selection using the order buttons within the application timeowl.io the customer makes a request to the company Offer to conclude a contract for the corresponding service.
The Company accepts the offer by means of an electronic confirmation message and the sending of contractual documents.
Further these terms and conditions apply. If the customer wishes additional services at a later date, this requires a separate agreement with separate invoicing of expenses.
provision of services
The services are generally provided by the company within the framework of a contract. They do not constitute services under a contract for work and services, unless a specific work expressly agreed. Unless otherwise agreed, the Company may provide the agreed services itself or may use third parties for this purpose.
The backup of data on the infrastructure provided by the Company is the sole responsibility of the Customer.
remuneration
The Customer shall pay the contractually agreed remuneration for the services provided by the Company in services provided by the Company in Euro.
All amounts are exclusive of value value added tax and any other duties and incidental expenses. Incidental costs are in particular insurances as well as costs for software and operating systems.
With the delivery of an invoice the customer will be granted a payment period of 14 days.
Payment shall be deemed to have been made when the full amount due has been credited to the account or credit card of the The payment shall be deemed to have been made when the entire amount due has been credited to the Company’s account or credit card and is freely available to the Company.
Offsetting against counterclaims is not permitted.
The Customer shall be in default without reminder in the event of late payment. The Company reserves the right to charge a default interest as well as reminder and collection costs on the invoice amount.
Warranty
The subject of the warranty are the respective contractually agreed IT services and the use of the respective contractually agreed applications of the Company.
Warranted characteristics in connection with the warranty are only those which have been designated as such in writing by the Company (“warranties” or “warranted characteristics”). Excluded here are functions expressly declared as “beta” or “experimental”.
The Company’s IT services and applications are developed with great care. Nevertheless, no absolute freedom from errors can be guaranteed.
Minor malfunctions or impairments are not covered by the warranty.
Furthermore, functional disturbances or impairments which are wholly or partially attributable to environmental conditions, incorrect operation, hardware defects, force majeure or similar are also not covered by the warranty.
Liability
The customer guarantees the correctness of the information provided by him in connection with the completion of the online form in the run-up to the conclusion of the contract. He shall be liable to the Company for any damage resulting directly or indirectly from incorrect information.
The company is only liable to the contracting party for direct damages from breach of contract, if these are due to gross negligence or intent
The company is not liable if the provision of the contractually agreed service is due to force majeure is temporarily interrupted, restricted in whole or in part or impossible.
Force majeure shall include in particular natural events of particular intensity, warlike events, riots, unforeseeable official Restrictions etc.
If the company does not fulfil its contractual obligations as a result the performance of the contract is suspended in accordance with the event that has occurred postponed.
information requirements
Subject to legal or contractual obligations of secrecy, a mutual Informing the parties when incidents occur that could be the other party in connection with the performance of the contract or for the contractual relationship are or may be of importance overall.
property rights
The Company remains the owner of all property rights, such as proprietary rights, copyright,, patent rights, trademark rights with respect to the assets, services, applications or software provided
secrecy and data protection
Both parties commit themselves, their employees, other auxiliary persons and third parties called in, to treat as strictly confidential all documents and information not generally known which they receive or learn in connection with the performance of contracts
The obligation to secrecy also exists after termination of the contractual relationship between the parties for an unlimited period of time.
Both parties undertake to comply with the applicable statutory provisions on data protection and to impose the corresponding obligations on their employees, auxiliary persons and third parties called in.
Personal data may only be processed for the purpose of fulfilling the contract. Reference is made to the company’s data protection declaration. The data protection declaration can be found in its current version can be accessed on our website https://timeowl.io/privacy
contract duration/termination
A contract for IT services or applications of the Company is concluded for an indefinite period of time. time, unless otherwise expressly agreed.
In the absence of other agreement by each party with a notice period of 30 days for the monthly payment of the The contract can be terminated within the application or in writing.
If an annual payment method of the IT service or application is chosen by the customer, the minimum contract period is One year.
In the event of premature termination of the aforementioned contract, the customer shall be liable in to pay the agreed annual amount in each case. The notice of termination must either be given within the application or in writing.
The right to extraordinary termination for important reasons is reserved at any time.
Any delay in payment shall be deemed an extraordinary reason for termination by the Company.
In this case, the Company may terminate the contract at any time without notice and inform the affected Disable or turn off applications and/or systems.
applicable law and place of jurisdiction
The contract is subject exclusively to German law. The place of jurisdiction is Braunschweig at the company’s headquarters.