Terms & Conditions
- 1 Validity
These general conditions apply to the business between the Qomtec AG and the clients, buyers and resellers of its products. All offers, orders and deliveries are subject to these terms and conditions. Possibly conflicting provisions in the terms of our customer are hereby rejected. Any deviations must be confirmed in writing. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions without prior notice. It is your responsibility to check our website periodically for changes in Terms & Conditions. Your continued use of our services following the posting of any changes to these Terms constitutes acceptance of those changes.
- 2 Offers and Delivery
Our offers are remaining free and are revocable at any time and will only be binding if they are confirmed in writing by a confirmation of the Qomtec AG, or an invoice or goods were brought to the delivery. All quoted delivery times and delivery dates are only approximate and not binding. An agreed delivery date shall be deemed met if the goods no later than one calendar day before the agreed date of arrival of a carrier were passed. Should be agreed upon delivery times due to force majeure, malfunction or delay in delivery cannot be met, the Qomtec AG is entitled to extend the delivery period for the disability period or, alternatively, to rescind the contract. The Qomtec AG is entitled to deliver before the agreed delivery date.
- 3 Shipping
All deliveries are made at the customer’s risk. The shipping carrier is being selected by the Qomtec AG. Shipping fees are listed in the order confirmation. All costs for packing, shipping documents and shipping at normal customary shipping and delivery costs are covered by this. Should or must the shipping be done by express delivery, courier or a similar service, to maintain a certain delivery date, the costs charged to the customer. Should or must supply to meet a specific, made by the client desired time of arrival by express mail, courier or similar service, are the costs incurred will be borne by the customer. Deliveries are made from Düsseldorf or an alternative storage location, defined by the Qomtec AG, if not otherwise agreed in writing with the customer. With the start of shipping all risk passes to the buyer, even if free delivery is agreed. This also applies to partial deliveries. The customer also bears the risk of accidental loss and accidental deterioration of the goods if he is in default of acceptance.
- 4 Prices and Payment
All prices are net prices in EURO. The VAT incurred in the destination country, the packaging and transportation costs, and any costs incurred for collection such as COD and bank charges will be added. Payments are considered as made, when the full invoice amount is credited to one of the nominated bank accounts of Qomtec AG. Qomtec’s subscriber software service begins as soon as your hardware is payed, properly installed and the first subscription payment is processed. Your contract will renew automatically. Payments for the software service are non-refundable. You’ll be charged the rate stated at the time of purchase, every month, until you cancel. Cancellations can be made any time to the end of a month by visiting your managing account page or by contacting support. The subscriber rate can be subject to change. Subscriber’s will be notified beforehand.
- 5 Default of Payment
In case of default, default interest at a rate of 4% above the rate of the Deutsche Bundesbank, however, at least 9%. If payment is not made within the prescribed period, even after a reminder for overdue payment, the payment, and all outstanding invoices the customer are due for immediate payment. We reserve the right to transfer the outstanding debt to a collection agency for collection. The additional costs thus incurred go to the expense of the customer. The assertion of further damages claims remains inviolate. If the AG Qomtec can demonstrate verifiable higher default damage, we will charge the customer for the incurred damages caused by default payment. Enters insolvency of a customer before delivery of an order, the Qomtec AG is entitled to withhold 25% of the agreed purchase price, but at least 50% of the deposit paid for at that time for the costs that have incurred. All delivered goods remain our property until full payment. The customer can offset counterclaims only with undisputed or legally determined requirements against invoices outstanding from this contract. The customer is only entitled to exercise a right of retention, if his counterclaim is based on the same contract.
- 6 Characteristics Assured
Unless otherwise agreed, the documents belonging to the offer (catalogs, website etc.) are only recommended performance specifications and are not considered a basis for guaranteed quality or properties; the same applies for information contained in flyers and advertisements. The software-provided functions are dependent on many factors, including network settings and individually provided bandwidth of internet connections of the customer’s clients. Functional limitations may therefore have different causes and require analysis by the Qomtec support. Temporarily not available functions do not constitute overall claims.
- 7 Server Availability
The Qomtec AG guarantees a very high reliability of the hosting cloud server that will run with as few and brief interruptions as possible. However, due to maintenance outages, cable faults, system crashes or similar events, server downtimes cannot completely be excluded. The Qomtec AG guarantees a 99% server uptime per year. Damage claims by the customer against the Qomtec AG for failure or malfunction of a server is only possible, if intent or negligence can be proven.
- 8 Software Limitations
No changes whatsoever are permitted to a portion or the entirety of the program’s source code by the customer. Violations against it will void the license. The software’s limitation to the overall number of participants is the sole decision of the Qomtec AG.
- 9 Liability for Defects
We reserve the right, to make minor modifications of the functionality, if they are unavoidable for technical reasons. These do not constitute a reason for overall claims. Complaints must be made within 8 days – in case of hidden defects immediately after the identification – made in writing to us. Defects in part of the delivery shall not entitle to reject the entire delivery. Any complaints do not justify withholding of payments. Rejected goods shall be made available for collection at the site of the original delivery available upon request. In the case of a justified complaint, we have the right to rectification. The customer is only entitled to demand a reduction, or rescind the contract (using the information contained in these terms and conditions of limitation of liability) to claim damages, unless a reasonable extension of time have failed, despite two failed attempts of rectifications.
- 10 General Limitation of Liability
Except as provided in subsequent sections otherwise provided, the customer claims for damages because of negligence or any other breach of a duty are excluded from the obligation. The foregoing indemnity shall not apply where we are liable by law, for example, (1) under the Product Liability Act, (2) for injury to life, limb or health caused by a negligent or willful breach of duty by us or our legal representatives or breach of any of our agents, (3) if damage was caused by intent or gross negligence by us or our legal representatives or breach of any of our agents, 4) if the customer rights due to a lack of a guarantee of quality or duration of a certain nature asserts, (5) we negligently breach a material contractual obligation. As far as we negligently breach a material contractual duty, our obligation to limited to the contract-typical, foreseeable damage, unless intent or gross negligence or our liability for injury to life, limb or health.
- 11 Prescription
All claims directed against us because of poor performance or any other breach of a duty arising from the obligation shall expire 12 months after the start of statutory warranty, unless the product liability laws or other laws stipulate to longer periods.
- 12 Copyright
The customer is solely liable for copyright infringement, if the execution of his contract affects rights of third parties. The Customer shall indemnify the Contractor against all claims of third parties for such infringements. Qomtec AG retains ownership and copyright and intellectual property rights to all technical documents, images, logos, designs and tender documents handed out to the customers, even if the customer has paid for it in whole or in part. It is prohibited to reproduce the products or technical documents, images, logos and offers without prior written approval of the Qomtec AG through the customer himself or by third parties.
- 13 Severabilityclause
If any provision of these terms and conditions in whole or in part, be or become invalid, or if they contain a loophole, the validity of the remaining provisions or parts of such provisions. In place of the invalid or missing articles, the respective statutory regulations become effective or, if not available, regulations which are in the sense of the invalid articles.
- 14 Court of Jurisdiction & Place of Fulfilment
Place of fulfilment and exclusive court of jurisdiction, as far as statutorily permitted, is Duesseldorf, Germany
Qomtec AG Duesseldorf, 2016 08 01