These terms and conditions shall apply exclusively to all services and deliveries, even if they are not expressly agreed again. These terms and conditions shall be deemed to have been accepted when the order is placed. A counter-confirmation of the contractual partner with reference to his terms and conditions of business or purchase is hereby expressly rejected. Deviations from the terms and conditions of robodocxs GmbH shall only be effective if they are confirmed in writing by robodocxs GmbH.
robodocxs GmbH transfers to the client - in accordance with the agreement on the rights of use - the necessary legal positions for the worldwide and temporally unlimited use of the work from the contract, as well as to the developed services, ideas, drafts, designs and scripts (programming, Java Script, PearlScript, etc.), provided that the services from the contract have been fully paid for by the client. These rights to all ideas, drafts and designs as well as scripts become the property of the client after full payment, but are only to be used according to the purpose listed in the contract. If these listed ideas or programs are used elsewhere or in/on any other medium not listed in the contract, royalties will be due per year. For the license fees, the customary fees according to the collective agreement for design services SDSt/AGD apply. These will be communicated to you upon request.
Passing on of rights of use. The transfer of the rights of use to third parties requires a written agreement.
Ideas, drafts, designs and scripts may not be changed either in the original or in reproduction without the express consent of robodocxs GmbH. Any imitation, even of individual parts, is not permitted. Non-compliance will result in the aforementioned license fees.
Suggestions of the client, his employees or other cooperation of the client or third parties have no influence on the amount of remuneration. They do not establish any joint copyright.
robodocxs GmbH is the owner of all copyrights to all services created by it. robodocxs GmbH is not obliged to release the original data. Should the client wish the data to be handed over, even if the contract is terminated, a fee shall be due between the parties.
robodocxs GmbH transfers to the client - in accordance with the agreement on the rights of use - the necessary legal positions for the worldwide and temporally unlimited use of the work from the contract, as well as to the developed services, ideas, drafts, designs and scripts (programming, Java Script, PearlScript, etc.), provided that the services from the contract have been fully paid for by the client. These rights to all ideas, drafts and designs as well as scripts become the property of the client after full payment, but are only to be used according to the purpose listed in the contract. If these listed ideas or programs are used elsewhere or in/on any other medium not listed in the contract, royalties will be due per year. For the license fees, the customary fees according to the collective agreement for design services SDSt/AGD apply. These will be communicated to you upon request.
30% of the order amount when the order is placed, 30% upon completion of the 3rd milestone (acceptance of communications equipment), 40% upon project completion.
All fees of robodocxs GmbH are subject to the currently valid value added tax.
Invoices are to be paid within seven days of receipt without further deductions.
Offsetting and assertion of rights of retention are excluded unless the counterclaim is undisputed and legally valid. Non-compliance with the terms of payment or circumstances that become known to robodocxs GmbH after the respective conclusion of the contract and that give rise to justified doubts about the customer's ability to pay shall result in the immediate maturity of all claims of robodocxs GmbH against the customer. In this case, robodocxs GmbH shall be entitled to withdraw from the contract and to demand compensation for the damages incurred. Unless the customer makes advance payments or provides sufficient securities.
Special services such as printing orders, image rights, photo shoots, photo and image research, editing / proofreading, exposure, fine scans or proofs etc. are not included in the agency fee. These special services will be provided without exception after consultation with the client, in the client's name and on the client's account. The client undertakes to grant corresponding power of attorney. All invoices will be checked by robodocxs GmbH, regularly summarized and sent to the client for direct payment.
Travel costs, courier costs and expenses for trips to be undertaken in connection with the order and agreed with the client are to be reimbursed by the client. Car journeys are charged at 0.32 Euro per kilometer. Travel by train or plane will be in classes agreed upon with the client.
The first correction is not invoiced. All other services (each additional correction, author's corrections, corrections after new briefing and corrections after already completed approval or acceptance etc.) are charged extra and according to time and effort. When calculating hourly rates, hours started are rounded up to the half hour (30 minutes).
Production monitoring by robodocxs GmbH for 5 special services mentioned (print monitoring, photo direction, etc.) shall only be carried out on the basis of special agreements. It will be invoiced on an hourly basis. When taking over production supervision, robodocxs GmbH shall be entitled to make the necessary decisions and give the corresponding instructions at its own discretion. robodocxs GmbH shall only be liable in the event of errors in the event of its own fault and in this case only in the event of intent and gross negligence. Compensation for damages exceeding the material value is excluded, unless the customer objects to this use.
The customer shall provide robodocxs GmbH with 10 perfect, unfolded samples of all reproduced work free of charge. robodocxs GmbH shall be entitled to use these samples for the purpose of self-advertising.
robodocxs GmbH is entitled, after written approval by the client, to publish the name of the client, the type and scope of the order as well as all performance results for the purpose of self-promotion on the Internet, in brochures, trade journals (Novum, Page, w&v, etc.), etc. and/or to use them as specimen copies for self-promotion.
robodocxs GmbH undertakes to carry out the order with the greatest possible care, in particular to handle the displays, films, layouts, etc. provided with care. robodocxs GmbH shall only be liable in the event of intent and gross negligence and in the event of culpable breach of material contractual obligations. In the event of culpable breach of material contractual obligations, robodocxs GmbH shall only be liable for reasonably foreseeable damage typical of the contract, unless robodocxs GmbH's executive bodies or vicarious agents have acted with intent or gross negligence. This exclusion or limitation of liability shall not apply in cases in which robodocxs GmbH is liable in accordance with mandatory statutory liability provisions, nor in cases of damage resulting from injury to life, limb or health.
The client undertakes to provide robodocxs GmbH with all information without delay, insofar as this information proves to be necessary for the fulfillment of the order. robodocxs GmbH shall be entitled to retain as its property empirical material (interviews, questionnaires with data, company data, etc.) and documents which are used for or not used for the fulfillment of the order and which are developed in the course of the fulfillment of the order or collected for the fulfillment of the order. Furthermore, robodocxs GmbH is not obligated, among other things for reasons of data protection law, to hand over this empirical material and the collected documents, which are used for or not used for the fulfillment of the order, to the client or to make them available to the client for inspection.
Within five working days after each meeting and prior agreement, robodocxs GmbH shall hand over a meeting protocol with all essential points that were discussed. This protocol shall be binding for both parties and with regard to the respective project, unless objections and complaints are made in writing within three working days after receipt of the protocol.
robodocxs GmbH shall not be liable for the admissibility under competition and trademark law, registrability as well as for the novelty of the work. Complaints of any kind whatsoever must be made in writing to robodocxs GmbH within 14 days after delivery of the work. Thereafter, the work shall be deemed to have been accepted without defects.
The client assures that he is authorized to use all documents provided to robodocxs GmbH. If, contrary to this assurance, the client is not entitled to use them, the client shall indemnify robodocxs GmbH against all claims for compensation by third parties. If the execution of the order is delayed for reasons for which the client is responsible, robodocxs GmbH shall be entitled to demand an appropriate increase in the remuneration and, in the case of intent and gross negligence, to claim for the damage incurred. In addition, robodocxs GmbH shall remain entitled to claim damages caused by delay.
With the release of drafts and final designs by the client, the client assumes responsibility for the technical and functional correctness of text, image and design. robodocxs GmbH shall not be liable for any drafts, texts and final designs approved or accepted by the client.
We reserve the right to make changes that prove to be technically necessary or appear advisable in the interest of better performance and are reasonable in consideration of the client's interests. Acceptance may not be refused on creative-artistic grounds. There is freedom of design within the scope of the order.
The invalidity of any of the above provisions shall not affect the validity of the remaining provisions and the remainder of the contract. Should one of the provisions of this contract be or become invalid in whole or in part, the contract shall be implemented in accordance with its meaning. The law of the Federal Republic of Germany shall apply. Place of performance and jurisdiction is Munich.
robodocxs GmbH will treat all business transactions and internal information that come to its knowledge as strictly confidential; this also applies to the time after the project has been completed. robodocxs GmbH advises the customer to the best of its knowledge and ability, performs the work assigned to it with care and in any case safeguards the interest of the customer.
