Terms of Service

 

Terms of Service

 

§ 1 Scope

1. The following general terms and conditions apply exclusively to the business relationship between BotsWork and the customer in the version valid at the time the order is placed.

2. BotsWork does not recognize deviating conditions of the customer, unless BotsWork had previously expressly agreed to their validity in writing.

3. Special agreements and side agreements are only valid if they are expressly confirmed by BotsWork in writing.

 

§ 2 Conclusion of contract

1. All BotWork offers are subject to change.

2. A contract is only concluded with an order confirmation or delivery by BotWork.

 

§ 3 Delivery time and partial delivery

1. Information on the delivery date is non-binding on the part of BotsWork, unless a specific delivery date has been expressly agreed in writing.

2. In the event of delays in delivery or performance due to circumstances that were not known to BotsWork at the time the contract was concluded or for which BotsWork was not responsible (such as force majeure, industrial action and fire, etc.), the delivery period is extended by the duration of the prevention. BotsWork immediately informs the customer about the prevention. Each contracting party has the right to withdraw from the contract after 12 weeks of inability. In this case, services that have already been received as well as benefits that have been used must be returned immediately.

3. A liability to pay compensation for delivery delays or service delays that are not the fault of BotsWork or for which we are not responsible is excluded.

4. BotsWork is entitled to partial services. Partial services may be invoiced to the customer immediately.

 

§ 4 Warranty

If the delivered item is defective, the customer is entitled to the statutory warranty rights. In the event of subsequent performance, BotsWork is entitled to choose to remedy the defect or to deliver a replacement.

 

§ 5 Terms of payment, prices, late payment

1. Invoices are payable immediately without deduction. Payments must be made free of charge to one of the BotsWork accounts specified on the invoice.

2. All prices are in euros including the applicable statutory sales tax. Delivery and shipping costs are not incurred. Outside the EU, additional customs fees may apply.

3. If the customer defaults on payment, BotsWork is entitled to charge default interest on the open invoice amount to consumers in the amount of 5 percentage points above the respective base rate, against entrepreneurs in the amount of 8 percentage points above the base rate. BotsWork charges reminder fees of € 5.00 per reminder. If BotsWork has suffered greater damage caused by delay, BotsWork is entitled to assert this. The customer is free to provide evidence to the contrary.

 

§ 6 Retention of title and terms of use BotsWork software

1. BotsWork retains ownership of the delivered software until full payment of the purchase price, all additional costs and any additional claims.

2. The customer is not authorized to pass the software on to third parties or to sell it. Something else applies only with the prior express written consent of BotsWork.

3. The transfer of the licensed software is only permitted within the company and only insofar as there is no use beyond the license.

4. If the customer passes BotsWork software or data on to third parties without authorization, he is personally and fully liable for any costs and damage caused by these third parties.

5. All intellectual property rights of the BotsWork solutions and all content provided by BotsWork remain the sole property of BotsWork.

 

§ 7 Liability and Limitations of Liability

1. BotsWork is not liable to the customer for damages. This also applies, for example, to damage such as failure of the automation software, loss of processed data or documents or incorrect processing of data. This rule does not apply if BotsWork caused the damage intentionally or through gross negligence.

2. The customer expressly accepts and agrees to the regulation that BotsWork cannot be held liable for any software and services offered by BotsWork. This applies to both direct damage and any kind of consequential damage or loss of profit.

3. As far as the liability of BotsWork is excluded, this also applies to the liability of employees, representatives or vicarious agents of BotsWork.

4. If BotsWork violates an essential contractual obligation through gross negligence, the obligation to compensate for property damage is limited to the typically occurring and foreseeable damage. The customer is free to prove higher damage.

5. In any case, the maximum total liability of BotsWork is strictly limited to the total fees paid by the customer in the project concerned.

6. If the customer violates the provisions of this agreement, BotsWork is entitled to block any BotsWork software that has already been activated and to block the customer account in the BotsWork online portal.

7. If the customer does not remedy the violations concerned within seven (7) days after this measure (see 6.), BotsWork has the unrestricted right to terminate the contract with immediate effect and without further notice. In such a case, customer data that may be held by BotsWork will be deleted and any money that has already paid will not be refunded by BotsWork. In such a case, the customer also has no claim to compensation.

8. BotsWork reserves the right at any time to assign all or part of the rights and obligations that are the subject of the contract to third parties in any form or to subcontract them.

9. The customer allows BotsWork, his company name and the information on the area where BotsWork products were used to be used for commercial purposes.

 

§ 8 Use of content from BotsWork online services

1. All contents of the BotsWork online services are protected by copyright. No part of the retrievable content may be reproduced, printed, translated, further processed in digital form, transferred to archives or made accessible to third parties under a third-party URL without the express prior written consent of BotsWork. Storage in retrieval systems and by search engines is only permitted to the extent that only an index is formed, but the content is retrieved in each individual case by referring via link to the original URL on the respective BotsWork server. It´s not permitted to make content your own by displaying it within a “frameset” and other methods of reproduction that leave the reader in the dark about the origin of the content or obscure it, or change the original form of presentation.

2. Content approved for use is explicitly marked as such. The respective terms of use must be observed.

3. A contractual penalty is payable for the unauthorized use of copyrighted material. It is in minimum 1000 euro.  

 

§ 9 BotsWork community

1. Membership in the BotsWork community is valid indefinitely.

2. Membership can be terminated by either side at any time without giving a reason.

3. Membership is free of charge for BotsWork customers until further notice.

4. Membership gives customers access to exclusive BotsWork content and data.

5. The transfer of the provided access data is only permitted within the company and only to the extent that the access data is not used at the same time. If the customer passes on his access data to third parties without authorization, he is personally and fully liable for any costs and damage caused by these third parties.

6. BotsWork is entitled to change, add to or remove data from the community at any time.

 

§ 10 Applicable law, place of performance, place of jurisdiction

1. The law of the Federal Republic of Germany applies, excluding international sales law.

2. Place of performance for all claims between BotsWork and the customer is Bamberg.

3. In the event that the customer is a merchant within the meaning of the Commercial Code, Bamberg is determined as the exclusive local place of jurisdiction.

 

§ 11 Online dispute resolution

At http://ec.europa.eu/consumers/odr/, the European Commission provides a platform for online dispute resolution (according to Art. 14 Para. 1 ODR regulation). Consumers have the option to use this platform to resolve their disputes.

 

§ 12 Written form clause

Changes and additions to the provisions contained in these general terms and conditions must be in writing in order to be effective. This also applies to the requirement of the written form.

 

§ 13 Severability clause

1. Should one or more provisions of these general terms and conditions be ineffective, this does not affect the effectiveness of the remaining provisions.

2. In the event that one of the clauses is ineffective, the parties undertake to agree a clause that is legally permissible and comes as close as possible to the economic purpose sought with the ineffective, void or incomplete clause.

 

Last change: 01.03.2020