General basics / Scope
1.1 Our General Terms and Conditions (GTC) apply to all business transactions with our customers, hereinafter referred to as the “Client”. For all legal transactions between the client and CIMET Software d.o.o. (hereinafter referred to as “contractor”), these general terms and conditions apply exclusively. The version valid at the time the contract is concluded is decisive. The general terms and conditions are automatically recognized by the client when placing the order.
1.2 The terms and conditions apply for the duration of the business relationship. These general terms and conditions also apply to all future contractual relationships, even if they are not explicitly stated in additional contracts.
1.3 Conflicting general terms and conditions of the customer are invalid unless they are expressly recognized by the contractor in writing.
1.4 In the event that individual provisions of these general terms and conditions should be and/or become ineffective, this does not affect the effectiveness of the remaining provisions and the contracts concluded on the basis thereof. The ineffective is to be replaced by an effective provision that comes as close as possible to the meaning and economic purpose.
Object and content of the service
2.1 Cimet Software d.o.o. Services for the client in the areas of sales, support, services, back office, business consulting and provision of software solutions and the associated service.
2.2 Regulations deviating from these general terms and conditions must be in writing. The assumption of a guarantee for certain properties (condition) also requires the written confirmation by Cimet Software d.o.o. to be effective.
2.3 The contractor is entitled to have all or part of the tasks incumbent on him performed by third parties. Payment of the third party is made exclusively by the contractor himself. There is no direct contractual relationship of any kind between the third party and the client.
2.4 The client undertakes not to enter into any kind of business relationship with persons or companies that the contractor uses to fulfill his contractual obligations during or up to three years after the termination of this contractual relationship. The client will not commission these persons and companies with such or similar services that the contractor also offers.
2.5 Cimet Software d.o.o. assumes no responsibility for a specific result in connection with the services provided, unless expressly agreed otherwise.
Client’s duty of clarification / Declaration of completeness
3.1 The client ensures that the organizational framework is created in his company headquarters that enables the service to run smoothly and efficiently.
3.2 The client names the contractor a responsible, knowledgeable employee who can provide the information necessary for the implementation of this contract and can either make or make decisions.
Services of the client
4.1 In order to fulfill its services, Cimet Software d.o.o. regularly rely on the support of the client or access to his system and data. The client will therefore support the contractor to the extent necessary in the provision of the services. Customer support is a prerequisite for the timely provision of Cimet Software d.o.o. services. If this support is not provided to the required extent, any appointments made are no longer applicable and must be adjusted accordingly.
4.2 The customer’s support services are provided without additional calculation.
5.1 At the request of the client, the contractor undertakes to report to him on his work, that of his employees and, if applicable, also on the commissioned third parties, in accordance with the progress of work.
Changes in the scope of the order, delays in the workflow
6.1 If change requests of the client or other circumstances for which the client is responsible lead to increased expenditure, the contractor will inform the client immediately in writing. The contractor will charge these services at cost, unless otherwise agreed.
6.2 Each contractual partner is entitled to make written requests for changes to the agreed services during the term of this contract.
6.3 Written change requests from the client will be answered as soon as possible as to whether the changes can be made and what effects this has on the service to be provided, in particular on the possible schedule and the remuneration.
6.4 Insofar as the contractor makes requests for changes, the client is obliged to inform as soon as possible whether he agrees to the proposed changes. The contractor will continue to work on the basis of the concluded contract until the client notifies us.
6.5 If the contractually agreed services cannot be carried out due to delays on the part of the client, in particular information not necessary or not provided in time for the execution of the order, or other circumstances for which the client is responsible, the contractor will inform the client immediately in writing. The contractor will charge the services rendered up to that point, unless otherwise agreed.
7.1 All industrial property rights in connection with the services, in particular copyrights to services rendered, remain with the contractor. The client is granted those usage rights that are necessary for the contractual use of the services. If the client intends to grant third parties rights of use to the services provided, this requires the written consent of Cimet Software d.o.o.
7.2 The client’s violation of these provisions entitles the contractor to terminate the contractual relationship prematurely and to assert other legal claims, in particular for injunctive relief and/or compensation.
Guarantee with advice
8.1 The contractor carries out all work with great care and always relates to the individual situation and needs of the client. The contractor does not guarantee that the surveys and analyzes correctly and completely reflect the client’s situation with regard to the question of the consulting assignment.
8.2 Data provided by third parties or by the client will only be checked for plausibility. The conclusions and recommendations to be derived from investigations are made to the best of our knowledge and according to recognized rules of science and practice. The recommendations are presented in an understandable and comprehensible manner
8.3 Regardless of fault, the contractor is entitled and obliged to correct any known inaccuracies and defects in his performance. He will immediately inform the client of this. This claim of the client expires six months after the completion of the respective consulting service.
8.4 The customer must immediately assert the right to have any defects rectified in writing. Obvious defects are deemed to have been approved if they have not been notified in writing by the client within two weeks of the completion of the consulting services.
8.6 If the advisory order has been issued by an entrepreneur in the course of his trade, a legal entity under public law or a special fund under public law, the client can only request the cancellation of the advisory contract if the advisory service rendered due to failure of the improvement for him is of no interest. Point 9 of these General Terms and Conditions applies to claims for damages going beyond this
Liability / Compensation
9.1 The contractor is liable to the client for damage – except for personal injury – only in the event of gross negligence (intent or gross negligence). This also applies to damage caused by third parties brought in by the contractor. 8.2 Claims for damages by the client can only be asserted within six months of becoming aware of the damage and the damaging party, but at the latest within three years after the event causing the claim.
9.3 The client must provide evidence that the damage is due to the fault of the contractor.
9.4 If the contractor provides the work with the help of third parties and in this context warranty and/or liability claims arise against these third parties, the contractor assigns these claims to the client. In this case, the client will primarily adhere to these third parties.
9.5 The contractor takes the greatest care in the selection of the information sources used. No liability can be accepted for the correctness, completeness and timeliness of data used from third-party sources.
9.6 The contractor will endeavor to meet the deadlines communicated by him (e.g. transmission of the search results). The information is non-binding, however, since the contractor can only influence the deadlines to a limited extent. Something else only applies if the contractor expressly assures compliance with an appointment in writing.
9.7 The contractor’s performance periods can only be guide times or expected dates that are given to the best of our knowledge and belief.
9.8 Compliance with deadlines/dates for services, in any case, presupposes the timely receipt of all information, documents, necessary permits and releases to be provided by the client, which are necessary for the provision of services, by the client. If the client does not meet these requirements in good time, any deadlines will be extended accordingly.
9.9 The liability of the contractor is excluded for non-contractual damage. Liability for a single damage event is limited to twice the value of the consulting fee, maximum EUR 10,000. The sum of the claims for damages of all claimants, which results from a single, time-related, delimitable and, to that extent, uniform consulting service, is deemed to be a single damage event.
Confidentiality / Data protection
10.1 The contractor undertakes to maintain absolute secrecy about all business matters that come to his knowledge, in particular business and trade secrets, as well as any information that he receives about the type, scope of business and practical activity of the client.
10.2 Furthermore, the contractor undertakes to keep third parties confidential about the entire content of the work and all information and circumstances that have been received in connection with the creation of the work, in particular also about the client’s data. However, the contractor is permitted by the client to name the name of the client as a reference.
10.3 The contractor is released from the duty of confidentiality towards any assistants and deputies whom he uses. He has to keep confidentiality completely.
10.4 The duty of confidentiality extends indefinitely even beyond the end of this contractual relationship. There are exceptions in the case of statutory information requirements.
10.5 The contractor is entitled to process personal data entrusted to him within the scope of the purpose of the contractual relationship. The client guarantees the contractor that all necessary measures have been taken, in particular, those within the meaning of the Data Protection Act, such as declarations of consent from those affected.
Prices and terms of payment
11.1 The invoice is issued at the end of the month of the current month in which the service is provided.
11.2 Incurred cash expenses, expenses, travel expenses, etc. are to be reimbursed by the client against the contractor’s accounting.
11.3 All prices are expressed in EURO plus the applicable statutory value-added tax. Payment is made to the account of Cimet Software d.o.o. to what extent nothing else was agreed in Serbia.
11.4 The customer pays without deduction within 5 days of the invoice date at the latest.
11.5 The contractor is also entitled to send invoices to the client in electronic form. The client expressly consents to the sending of invoices in electronic form by the contractor.
11.6 The legal regulations apply to the occurrence of late payment and its consequences.
11.7 If Cimet Software d.o.o. Cimet Software d.o.o. is aware of circumstances after the conclusion of the contract that question the creditworthiness of the client. entitled to make their services depending on the advance payment of the agreed fees or a security deposit in the same amount.
11.8 Offsetting against claims that are not legally established or not recognized is excluded. The customer can only exercise a right of retention with regard to counterclaims from this contractual relationship.
Duration of the contract
12.1 This contract ends as formulated in the offer.
12.2 Regardless of this, the contract can be canceled at any time for important reasons from either side without observing a notice period. In particular, this is an important reason
– if a contractual partner violates essential contractual obligations or – if a contractual partner defaults on payment after the opening of insolvency proceedings – if there are legitimate concerns about the creditworthiness of a contractual partner over whom no insolvency proceedings have been opened and the latter does not make advance payments at the request of the contractor or before performance of the contractor provides suitable security.
13.1 The contracting parties confirm that they have given all information in the contract conscientiously and truthfully and undertake to mutually notify any changes immediately.
13.2 Changes to the contract and these terms and conditions must be made in writing; also a departure from this formal requirement. Verbal collateral agreements do not exist.
13.3 Substantial Austrian law is applicable to this contract, excluding the reference norms of private international law. The place of fulfillment is the place of business of the contractor. Unless otherwise stipulated by law, the exclusive jurisdiction of the court competent for 21000 Novi Sad applies to disputes as agreed.