Our GTC General Terms and Conditions

Terms of payment

All payments and prices are in addition to legally required value added tax calculated at the time of invoicing. Payment is due in 14 days, afterwards interest will be charged in accordance with German Civil Code (BGB). In case of continued unjustified non-payment, wegewerk will discontinue its service after prior notice, without effect on the validity of the contract.

Schedule of payment

In projects up to 5.000 EUR for one-time services, 50 % of the total payment is due upon confirmation of the order and 50% upon completion of services. In larger projects 30% is due at order confirmation, 50% upon provision of service and 20% upon acceptance of the provided performance. 
Ongoing support costs will be invoiced monthly, at the end of the month when they are incurred, ongoing technical services (e.g. Web-Hosting) will be charged on a quarterly basis in advance, external technical costs (e.g. fees for SSL-Certificates) will be invoiced on an annual basis. Maintenance services for the hard- and software are included in the monthly hosting fee to the agreed extent. Additional work, for which no support budget was agreed, will be invoiced at the end of the month when they are incurred and will be billed in increments of every started quarter of an hour, according to the currently valid price list. External services, commissioned by us, can be charged seperately, if we have to make payment in advance. These costs are due in full immediately. This also includes media services (e.g. cost of advertising placement), where we ask for prepayment of the media budget should it exceed 5000 EUR. On some projects, it may be possible to pay the media budget in installments according to the media plan.

Duration

Unless otherwise agreed in writing, all ongoing services will have a contract period of 12 months. The contract takes effect by acceptance of the offer and shall be automatically extended by another 12 months unless notifying the intention to terminate it in writing at least 3 months before expiration.

Traveling expenses

Expanses for traveling (2nd / Economy-Class) are not included in the offer and will be billed in to the customer. Additionaly, travel time is time lost for other work that will be instead be billed as work time on the customer's project. This is a percent of the productivity lost to traveling and is set to 50 percent for journeys by train and 100 percent by other modes of transport.

Warranty

For the period specified by law, we are liable for the functioning of the agreed upon requirements of the provided services. The liability period shall commence upon acceptance of the performance. Defects noted in the acceptance document or asserted before the expiration of the warranty period will be corrected by us free of additional charge. In case is is found that no deficiencies existed at the time of performance, we can charge our expenses to repair in accordance to the current remuneration rates. For programmes or software components not produced by wegewerk, that are not subject to any liability for defects, we can not accept liability for defects, even in cases where we made modifications to the software.

Removing defects

To remove defects we need your support. If a defect occurs, please give us specific information how, where and under what circumstances it is noticeable. If further information and documentation is needed, we kindly ask you to provide them immediately. Within our regular working hours we will begin with the work on a removal of the defect as quick as possible. If defects can not be eliminated quickly, we will provide an auxiliary solution. In the event that repeatedly attempts to rectify the defect should fail (two attempts), you can set a reasonable term for rectification and notify us that if defects are not fixed be a deadline, you will not accept the fix. Should we not be able to meet your deadline, you may then exercise your right to withdraw from the contract, reduce payment or demand compensation.

Ownership and right of use

With complete payment of the agreed contract amount, you acquire the non-exclusive, temporally and globally unrestricted right of use of the work product specifically created for you within the agreed terms. You will receive Logos and Corporate Design-Manuals created by us – unless otherwise indicated – with full and unrestricted rights of use. In case of using the CMS-Software ww.edit, TYPO3 or Drupal and components associated with these systems, you are subject to the provisions of the General Public License (GPL). The rights of use for other software components, not affiliated with ww.edit, including particular dialogue and infotainment functions, are – unless otherwise stated – non-exclusive and limited on the agreed purpose and for the period of contract.

Service provision

Services booked against and not exceeding the number of monthly support contract hours shall usually be performed within three working days from the time of order acknowledgement (our regular reaction time). In case of particularly urgent orders or emergencies wegewerk will strive for the fastest possible execution. On request, we also provide services outside the normal business hours. For these cases, we invoice a surcharge of 50 percent in the time from Monday to Friday between 6 p.m. and 8 a.m and 100 percent on Sundays and public holidays.

Coordination of contractual services

Please place support contract orders viaE-Mail to your agreed upon contact person. In urgent cases you can contact us by phone on +49-30-213087-0. If an extended availability was agreed upon, you can also reach us on mobile in case of emergency. If no support contract is agreed to, a contact form for work under warranty is available at support.wegewerk.com.

Obligations of the Client

For performance of the contractual services you must provide us with all needed information and materials in a timely manner, otherwise project timing will slip.

Liability

We pay compensation in case of intentional and grossly negligent acts. The amount of compensation claims in case of unintentional and not grossly negligent action is limited to the total contract amount. A liability for indirect and consequential damages, such as loss of profits and loss of production is excluded. The statutory liability under the Product Liability Act and for damages resulting from negligent injury to life, body or health remains unaffected.

Indemnity

You are responsible for the content on your website. Once you either begin editing the content, or accept the site from us, any liability for damages that may be asserted against us as owner or operator of the server because of content on the site will instead apply to you.

Reference

Confined by confidentiality requirements, we are allowed to use common projects as a reference in our self-marketing, including the clients name and logo, photos of products and some basic information on the project.

Final provisions

Changes and additions to the offer or changes to the terms of a contract shall be in writing. Should this contract or a part thereof be or become void or ineffective, the validity of the rest of the contract is unaffected. In such a case the contractual parties agree to replace the invalid clause by a valid clause, that comes closest to the meaning and purpose of the invalidated provision of the contract. In case of dispute, the contracting parties shall first attempt to reach an amicable settlement. If no amicable agreement is reached, the legal jurisdiction of the contract shall be Berlin.

Last updated: 2019-06-11