1. GENERAL INFORMATION
For the business relationship between UNENO UG, owner Ioan – Alin Tepes, Spitterstr. 26, 99897 Tambach-Dietharz, Germany (hereinafter “Welt Concept”, “we” or “us”) and the customer (hereinafter referred to as “customer”), the following terms and conditions apply exclusively (hereinafter “GTC “) in the version valid at the time of the contact/order.
The applicability of the terms and conditions is agreed with the customer at the first contract. They also apply to all future transactions of the same kind, even if they are not expressly agreed again.
The term “products” as used herein refers to the services we offer, which primarily include licenses for the use of software, in particular, plugins, themes and templates, their extensions, hosting and servers, service, and support services.
3. OFFERS AND SERVICE DESCRIPTIONS
The presentation of the products in our brochures, on websites and incomparable advertising materials does not constitute a legally binding offer, but merely an invitation to place an order.
User training, documentation, instruction, installation, and maintenance are not part of our services unless otherwise stated and must be agreed separately.
Our services include, subject to express agreement, no legal review or legal advice (for example, trademark, copyright, data protection or competition law) and fulfillment of statutory information obligations of the customer.
Any statutory auditing obligations and obligations with regard to the use of the software must be observed by the customer. In particular, the customer is not exempted from convincing himself by his own examination of the suitability of the products for the purpose intended by him.
4. SERVICE AND SUPPORT
The customer can choose from our assortment the offered products without obligation.
We offer the possibility to order individual service and support services which customers can purchase together with our products or separately (eg installation or customization of software).
If the customer wishes to change the agreed services during the course of the contractor if the circumstances notified by the customer change after the submission of an offer or after the conclusion of the contract, without the change being our responsibility or our risk area, we shall submit an offer for the additional services. or reduced costs, unless a fee according to expenditure is agreed or the customer expressly waives a separate offer. Until the customer decides whether or not to accept the offer, we will pause work on the services affected by the offer, provided that the subsequent acceptance of the offer by the customer would result in additional expenses. Agreed delivery periods extend accordingly.
The customer is responsible for the content provided by him. The customer indemnifies us from all claims and damages that we suffer through legal violations that are attributable to the customer and that he is responsible for.
5. RIGHTS TO USE SOFTWARE
We grant the customer the rights of use for our products required for the respective contractual purpose. For this purpose, the customer receives a simple right of use and exploitation limited to the contractual purposes, which covers, in particular, the duplication, distribution and public availability. Excluded is the resale and redistribution of the products by the customer unless it has been expressly agreed or derives from the nature of the contract.
The customer is granted a right to process the product only as long as the processing right has been expressly agreed or is clear from the nature of the contract. The customer is only entitled to change the code form in which the software is delivered, in particular for the decompilation of software delivered in the object code, provided the legal requirements are met.
For products that build on other products, these change, expand or customize (for example, when custom templates or plug-ins) and in which an exclusive right of use should be agreed, any exclusive rights of the customer do not extend to the original products, but only as far as the modifications, expansions, and adaptations made by us for the customer are sufficient.
Copyright notices, serial numbers as well as other features serving the software identification may not be removed or changed by the software without our approval, respectively appropriate license. The same applies to the suppression of the screen display corresponding instructions.
The templates, source code, designs, raw data, files, and other work equipment created by us, which serve to provide the services owed under the contract, remain our property. If the customer wishes the release, this must be agreed separately and remunerated.
6. DELIVERY AND AVAILABILITY
As far as advance payment has been agreed, the service will take place after receipt of the invoice amount.
If the ordered product is not available because the product or its components are not provided to us by its suppliers through no fault of their own (eg in the case of errors in software necessary for the execution of a theme), we may withdraw from the contract. In this case, we will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, we will immediately reimburse the customer for any consideration already provided.
Customers are informed about delivery times and delivery restrictions on a separate information page or within the respective product description.
These regulations for acceptance apply only if they are based on a contract of work. The object of the acceptance is the contractually owed service.
The prerequisite for the acceptance is that we completely hand over the performance results to the customer and indicate that they are ready for acceptance. The handover of all performance results necessary for the acceptance represents a request for acceptance. After that, the customer has to start the acceptance within 7 days.
If the acceptance fails, the customer will provide us with a list of all defects preventing the acceptance. After the expiry of a reasonable period of time, we must provide a flawless and approvable version of the contractually agreed service. In the course of the subsequent test, only the recorded defects are examined, insofar as they can be the subject of an isolated examination in their function.
After successful examination, the customer must declare the acceptance of the work results within 7 days in writing (e-mail is sufficient). The preparation of the contractual services can be agreed in individual sections. We are entitled to request the customer to a partial or interim inspection if this is factually justified due to the matter, the scope or the timing of the service provision and reasonable for the customer.
The regulations for acceptance, warranty and remuneration apply to the respective subsections. This means in particular that change requests of the customer, which deviate from already accepted sections, are to be remunerated separately by this.
8. TERM OF CONTRACT AND TERMINATION
For contracts that are agreed as continuing obligations, the contract period corresponds to the agreed contract term. Unless the contract period is expressly agreed, nor is it specified in the pertinent special provisions in these terms and conditions, this is 12 months.
If the notice period is not expressly agreed, nor is it specified in the pertinent special provisions in these terms and conditions, this is two weeks to the end of the month.
If no timely notice is given, the term of the contract, subject to any other agreement, will automatically be extended by the same period after its expiry.
Each party may extraordinarily terminate the contracts underlying these terms and conditions for cause if one or more agreements have not been respected by the other party and after a written request for improvement, culpably fails to do so within the set and reasonable otherwise within one reasonable deadline. Extraordinary termination is also possible without prior request for improvement if a continuation of the contract cannot be expected of the terminating party taking into account all circumstances of the individual case and weighing the interests of both contracting parties.
After termination of the contractual relationship, we are no longer obliged to provide the contractual services. We may, subject to any agreed or statutory retention requirements, erase all customer data. The timely storage and backup of the data is, therefore, the responsibility of the customer.
9. RIGHT OF MODIFICATION
For new contracts, the current General Terms and Conditions shall apply in each case.
Welt Concept reserves the right to change these terms and conditions for current contracts. Such changes become effective if the customer does not object to the change within one month after receipt of a change notice in text form and Welt Concept has informed the customer in the change notice of the right of objection and the period applicable thereto.