Phone
1.1 These Terms of Service (hereinafter: ToS) apply to all - including future - services of STP Informationstechnologie Schweiz AG International AG, Brauerstraße 12, 76135 Karlsruhe (hereinafter: STP Informationstechnologie Schweiz AG), which STP Informationstechnologie Schweiz AG provides on behalf of the customer
1.2 For all services of STP Informationstechnologie Schweiz AG and pre-contractual obligations between STP Informationstechnologie Schweiz AG and the customer, these ToS, the framework agreement including its attachments as well as individual contracts apply unless the contracting parties agree otherwise in writing. Other terms do not become part of the framework or individual agreements, even if STP does not expressly object to them in individual cases. The rule mentioned above applies, in particular, to customers' terms of purchase.
1.3 Regarding various contract documents (as per point 1.2), the following order of validity applies:1.4 Insofar as STP Informationstechnologie Schweiz AG provides the services of a third party to the customer per the contractual provisions, the third-party ToS shall additionally apply to these services, provided the customer was able to obtain reasonable knowledge thereof before concluding the contract.
these Terms of Service of STP Informationstechnologie Schweiz AG International AG;
an inquiry made by the customer's customer (due to, e.g., unknown functionality, set-up options, etc.) regarding the software licensed by the user;
processing user inquiries;
services of STP Informationstechnologie Schweiz AG after licensing the software, and in particular, support services for the use of the licensed software (bug and incident management) and serviceability as well as interim and main releases of the licensed software;
attorneys at law, notaries, patent attorneys, tax consultants or accountants under the German law, as well as professionals per the Law on the activity of European lawyers in Germany (EuRAG), as well as barristers and / or solicitors per the UK regulations, as well as attorneys and / or lawyers per the US regulations;
instructing users of the customer at the respective workplace;
User's Guide and Installation Instructivons for the Licensed Software;
start of operational use of the licensed software;
Services regarding licensed software, and, in particular, migration, installation, and configuration services;
all impairments and problems of the licensed software occurring in the operation of the licensed software, regardless of their cause, except for the Scheduled maintenance;
Client insolvency administrator, or a trustee appointed by a German bankruptcy court to conduct insolvency proceedings;
Adapting the licensed software to the user and/or the IT requirements by selecting appropriate software components and settings of the operating parameters;
all services provided by STP Informationstechnologie Schweiz AG under the framework agreement and the associated individual contracts;
STP Informationstechnologie Schweiz AG's standard software products, function-expanding modules (e.g., plug-ins, extensions, etc.) for STP Informationstechnologie Schweiz AG's standard software products, related documentation, any updates and upgrades of the items above, subject to the framework agreement, its facilities, and individual contracts with customers;
transfer of customers' legacy data from their previous system to the licensed software, as described in the respective framework agreement, including annexes and associated individual contracts;
license assigned to a specific or named user, granting the right to use the licensed software from any terminal on which the licensed software is installed (for clarity, each employee of the customer requires such a license);
a web-based system where the customer can report incidents or submit support requests;
a used version of the released license software;
Monday through Friday from 8:00 am to 6:00 pm GMT+1, except for national public holidays;
an update of the licensed software contains minor improvements (usability, ergonomics) and/or eliminates material defects within a particular release, representing a new version of the licensed software, usually identified by a change of the version number;
an upgrade extends the licensed software with new functions and stands for a new release, based on the previous version, and includes a technical and/or functional innovation, with the exception of any new standard software products or modules;
employees of customers and any other persons authorized to use the licensed software;
All information, whether written or oral, that (i) is inherently confidential or in need of secrecy, or (ii) the party to whom the information is transmitted is already considered confidential due to the circumstances surrounding the communication must recognize secrecy. Confidential information includes, in particular, service descriptions, documentation, prices and reports.
avoidance of a defect by a technical or organizational auxiliary construction.
3.1 STP Informationstechnologie Schweiz AG provides customers with the licensed software specified in individual contracts in object code. While the scope of services includes updates, it does not warrant them. The customer receives the documentation in German (or some other) language in electronic, printable form. The provisions of these terms and conditions apply to the documentation accordingly. The customer is not entitled to release the source code of the licensed software.
3.2 STP Informationstechnologie Schweiz AG International AG warrants services that go beyond the provision of the licensed software and its maintenance (e.g., consulting, installation, commissioning, parameterization, customizing, migration, training, programming work or other individual project services) only if these constitute a part of individual contracts.
3.3 Product descriptions, illustrations, documentation, technical white papers, etc. are performance descriptions and do not constitute warranties, unless otherwise explicitly stated by the management of STP Informationstechnologie Schweiz AG International AG.
4.1 The customer is obliged to have the start-up services inspected without delay after notification of their termination by STP Informationstechnologie Schweiz AG per commercial law and to report known defects immediately in writing with a detailed description of errors.
4.2 STP Informationstechnologie Schweiz AG is entitled to a written declaration of acceptance by the customer within two (2) weeks from receipt of the message under para. 4.1. The customer may only refuse acceptance if the commissioning services are defective, and the defect is not merely insignificant.
4.3 Acceptance Scenarios & Process
1. Tacit acceptance: the approval of the start-up services carried out automatically after two (2) weeks from the start of regular operation (Go-Live) by the customer, unless the customer has previously informed STP Informationstechnologie Schweiz AG in writing about not insignificant defects; 2. Acceptance by declaration of the customer: explicit confirmation by a customer that ascertains to STP Informationstechnologie Schweiz AG that commissioning services have been rendered appropriately; 3. Acceptance with reservation: The customer determines minor deficiencies of the services, which, from the customer's point of view, permits acceptance only with reservations. The customer is obliged to list the identified gaps and communicate them to STP Informationstechnologie Schweiz AG. STP Informationstechnologie Schweiz AG then checks the customer-generated list of defects. After reviewing the list, a joint consultation will be conducted with the customer to determine the final points with appropriate deadlines for subsequent performance by STP Informationstechnologie Schweiz AG; 4. Refusal of acceptance: the customer refuses the acceptance of commissioning services due to significant defects. The customer is obliged to list the identified flaws in a corresponding list of defects and communicate them to STP Informationstechnologie Schweiz AG. After reviewing the list, STP Informationstechnologie Schweiz AG will have a consultation with the customer to find an appropriate solution.4.4 STP Informationstechnologie Schweiz AG may initially remedy any deficiencies, at its discretion, by, for example, eliminating the defect, providing work results that do not have the error, or by suggesting options that avoid the effects of the deficiency. In the case of a defect, customers must accept no less than three attempts at improvement. Customers are not entitled to remedy errors on their own, nor to eliminate flaws and demand compensation for their efforts.
4.5 The customer supports STP Informationstechnologie Schweiz AG in the analysis of defects and elimination of defects by:
5.1 STP Informationstechnologie Schweiz AG advises and assists the Customer in maintaining the operational readiness of the Licensed Software. For this purpose, STP Informationstechnologie Schweiz AG will analyze incidents occurring in connection with the licensed software and eliminate defects. The rectification of defects takes place at the option of STP Informationstechnologie Schweiz AG by free repair or replacement. The customer must grant STP Informationstechnologie Schweiz AG at least two attempts at improvement.
5.2 Save as otherwise provided in this Agreement, STP Informationstechnologie Schweiz AG may determine the exact incident analysis and resolution procedures at its reasonable discretion.
5.3 The services of the support of STP Informationstechnologie Schweiz AG include in particular:
a) Provision of service contacts for accepting incidents within the service hours.5.4 STP Informationstechnologie Schweiz AG is entitled to change the service contacts and to specify other points of contact and communication channels that are reasonable for the customer. STP Informationstechnologie Schweiz AG will notify the customer of such action at least two weeks in advance.
In case that customers use communication channels that aren't compliant with the contract terms, the terms and deadlines for reaction and/or repairing defects do not start to run.
5.5 Operating Services are provided during service hours.
5.6 The customer immediately reports STP Informationstechnologie Schweiz AG Incidents via the service contacts. The customer makes all reasonable efforts to identify, limit, and document the incident and its causes. The customer will provide this information (e.g., screenshots, written descriptions of flaws, etc.) to STP Informationstechnologie Schweiz AG for the analysis. The goal is to enable STP Informationstechnologie Schweiz AG to replicate and ultimately remedy errors.
5.7 Each Incident has a processing status according to the following table:
Status | Beschreibung | Bearbeitungs- |
Offen | Ein Incident ist geöffnet, ein Bearbeiter ist noch nicht zugeordnet. | |
In Bearbeitung | Ein Incident ist durch einen Bearbeiter aufgenommen und der Bearbeiter arbeitet an einer Lösung. | |
Warten auf Kundenrückmeldung | Bearbeitung gestoppt, da auf eine Rückantwort des Kunden gewartet wird, wenn der Kunde zur Lieferung von Informationen verpflichtet ist. | X |
Warten auf Rückmeldung vom Hersteller | Bearbeitung gestoppt, soweit die Lösung von Rückmeldung des Herstellers abhängt, da auf Rückantwort vom Hersteller gewartet wird. | X |
PPP/DEV | Incident wurde an die Produktentwicklung von STP weitergeleitet und wird dort bearbeitet. | |
CR aufgenommen | Incident wurde für die weitere Planung über eine mögliche Umsetzung in die Datenbank „Change Requests“ der Produktentwicklung von STP aufgenommen. | X |
Abgeschlossen | Der Incident ist geschlossen. | Ende der Incident-Bearbeitung |
5.8 Contractual partners have the following responsibilities and duties regarding support tasks:
V = Verantwortung, D = Durchführung, M = Mitwirkung, I = Information | Kunde | STP |
Annahme von Incidents | M | V/D |
Behebung von Incidents | I | V/D |
Priorisierung von Incidents | I | V/D |
Aktualisierung und Abschluss von Incidents | I | V/D |
Erteilung von Auskünften | M/I | V/D |
Information durch den STP Support über Status der Bearbeitung und Beendigung der Bearbeitung | I | V/D |
Bekannte Lösungen ermitteln | M | V/D |
5.9 The contractual nature of the licensed software results from the user manual. The contracting parties make it clear that technically incorrect programming of the licensed software does not constitute a material defect if it does not affect the functionality or the contractual use of the licensed software.
5.10 STP Informationstechnologie Schweiz AG is obliged to respond to incidents duly reported by customers within agreed reaction times. An email with a ticket number and classification of the incident, sent by STP Informationstechnologie Schweiz AG to the customer's pre-agreed email address, constitutes a response. STP Informationstechnologie Schweiz AG further removes defects by repair or replacement, at its discretion. STP Informationstechnologie Schweiz AG will confirm the receipt of customers' reports of an error within the following response times, describing the steps it plans to take to provide a remedy.
5.11 The final remedy of defects shall be made, at the discretion of STP Informationstechnologie Schweiz AG, by updating the current release status or by providing a new release status.
5.12 STP Informationstechnologie Schweiz AG also uses hotfixes. A hotfix contains only the correction of the defect without extending any functionalities. When carrying out hotfixes, STP Informationstechnologie Schweiz AG does not perform a complete system test due to the inherent urgency of situations where hotfixes are required. However, that does not absolve STP Informationstechnologie Schweiz AG of the duty to provide a functional system.
5.13 The following reaction times apply to incidents:
Kategorie |
Beschreibung |
Reaktionszeit |
Form der Mängelbeseitigung |
1 |
siehe Ziff. 5.17 |
6 Stunden |
in Hotfix oder nachhaltig spätestens in der nächsten neuen Version |
2 |
siehe Ziff. 5.17 |
24 Stunden |
in Hotfix oder der nächsten neuen Version |
3
|
siehe Ziff. 5.17 |
48 Stunden |
in einer neuen Version oder gesammelt in einem Patch |
5.14 The above mentioned times shall commence after the STP Informationstechnologie Schweiz AG AG support receives proper notification of the incident receipt of the appropriate information, and shall continue to run during service hours. STP Informationstechnologie Schweiz AG classifies and priorities incidents after receiving a ticket.
5.15 Defects are only those incidents that are caused by STP Informationstechnologie Schweiz AG's services and are therefore attributable to STP Informationstechnologie Schweiz AG. Such defects may include without limitation:
5.16 Any rights arising out of material defects shall be void if the customers make or have made changes to the licensed software without the consent of STP Informationstechnologie Schweiz AG. The rule mentioned above shall not apply if customers can prove that the changes have no unreasonable effects on STP Informationstechnologie Schweiz AG's analysis and elimination of material defects, or if the customer is entitled to make changes, and these have been carried out professionally and comprehensively documented.
5.17 Requirements for Incident Categories:
1. Requirements for Category 1: "Heavy Incident":5.18 To resolve an Incident, STP Informationstechnologie Schweiz AG will document the behavior of the system based on the Customer's information and attempt to reproduce the reported case. If it succeeds, STP Informationstechnologie Schweiz AG will consider the incident as established. If it fails, the support team will work together with the customer's responsible contact person to reproduce the behavior in the customer's system. As long as the error remains unreproduced, no incident is detected. If the flaw can only be reproduced in the system of the customer, the support will carry out all necessary steps for the analysis.
5.19 STP Informationstechnologie Schweiz AG may determine during the analysis that it is not responsible for the incident (e.g., due to defective hardware or side effects of additional software installed without STP Informationstechnologie Schweiz AG's approval). In such cases, STP Informationstechnologie Schweiz AG may ask the customer to bear the expenses incurred by processing the Incident at the STP Informationstechnologie Schweiz AG's then valid hourly rate.
5.20 STP Informationstechnologie Schweiz AG's performance obligations under operating services only apply to the licensed software in the latest version provided by STP Informationstechnologie Schweiz AG, with a transitional period of six months after delivery or the notification of the release of a new version. In particular, the reaction times do not apply if incidents materialized because the customer did not install the latest version within this period.
5.21 Any work by STP Informationstechnologie Schweiz AG on the licensed software requires the prior written, or, exceptionally, verbal consultation with the customer (e.g., in urgent situations). If a flaw in licensed software can be attributed due to planned maintenance, it will not count as an incident.
5.22 Customers can obtain user support also as a part of additional service. In such cases, any inquiries, classified as user questions, are subject to additional charges per STP Informationstechnologie Schweiz AG listed prices.
5.23 Further and/or different operating services may be listed in the individual contracts or framework agreements.
6.1 The Customer shall promptly inform STP Informationstechnologie Schweiz AG in writing of any alleged violation of third-party rights in connection with the Licensed Software and will otherwise provide reasonable assistance in defending such claims.
6.2 The customer authorizes STP Informationstechnologie Schweiz AG to conduct the dispute with the third-party on their own. The customer is not entitled to admit to the claims asserted by a third party without the prior written consent of STP Informationstechnologie Schweiz AG.
6.3 STP Informationstechnologie Schweiz AG shall not be liable for any infringement of third party rights arising out of any customers' improper use of the Service, use outside its intended purpose, or use in combination with any components not expressly recommended by STP Informationstechnologie Schweiz AG (such as hardware and software).
6.4 In the case of third party rights, STP Informationstechnologie Schweiz AG warrants to provide customers with a legally sound use of the licensed software, or other services that produce an equivalent result for customers, at STP Informationstechnologie Schweiz AG's discretion.
7.1 The customer remunerates STP Informationstechnologie Schweiz AG as agreed in their contract.
7.2 The agreed remuneration must be paid in advance.
7.3 STP Informationstechnologie Schweiz AG shall be entitled to increase the agreed recurring fee for the first time after the expiration of 12 (twelve) months after Go-Live by the rate of the increase of the harmonized consumer price index published by the Federal Statistical Office, plus 1.25%. If customers increase a number of STP Informationstechnologie Schweiz AG users, we will appropriate the price to the new number, pro rata, per the terms of the initial individual contract.
The following rules apply:
1. STP Informationstechnologie Schweiz AG announces to customers a price change three months in advance, in writing. If customers do not object in writing within 4 (four) weeks as of receipt of the announcement, the new price will become effective;
2. If the customer objects, STP Informationstechnologie Schweiz AG may terminate the contract prematurely with a notice period of 3 months, namely as of the date when the price change according to point 1) above would become effective;
3. As a part of the announcement referred to in point 1) above, STP Informationstechnologie Schweiz AG informs the customer about the period during which customers may object to the price change, as well as about the legal consequences of such objection.
8.1 Contract duration is stipulated in the framework agreement, or, in the case of renewals, in individual contracts. Termination without a good cause is not possible within an initial period, as stipulated by the agreements. If the Service is not terminated as of the end date of the current term, the contract will extend by one more year. The termination notice period is three months before the end of the current term.
8.2 The right to terminate for a good cause remains unaffected. STP Informationstechnologie Schweiz AG considers the following to be a good cause for termination:
1. the customer's payment is past due for over 2 (two) months; 2. the customer suspends payments, has applied for or opened the insolvency or similar legal proceedings, or refused to open them due to a lack of assets; 3. the customer violates their contract and does not stop the infringement within a reasonable period after a warning from STP Informationstechnologie Schweiz AG. Subject to Art. 8.2.1, STP Informationstechnologie Schweiz AG may not terminate the Services due to delay in payments before the customer has applied for or opened the insolvency or similar legal proceedings.8.3 When terminating the Service for a good cause, STP Informationstechnologie Schweiz AG is entitled to, at least, the contract remuneration which it would have received if the termination did not take place, less any expenses saved by STP Informationstechnologie Schweiz AG due to the termination. The rule mentioned above does not apply if the customer is not responsible for the infringement. In principle, STP Informationstechnologie Schweiz AG deducts 10% from the contract remuneration as mentioned above, considering them as saved expenses, while customers can argue and will have to prove that mentioned savings are higher than 10%.
8.4 Termination notice must be given in writing to be effective.
9.1 STP Informationstechnologie Schweiz AG is authorized to use subcontractors. The customer can refuse to grant this consent only for a good cause. Upon request, STP Informationstechnologie Schweiz AG will disclose its subcontractors.
9.2 STP Informationstechnologie Schweiz AG is entitled to use third-party services (e.g., suppliers). Insofar as orders are placed by the customer directly to the third party in this context, the terms of the contractual relationship with STP Informationstechnologie Schweiz AG shall apply mutatis mutandis in favor of the third party, unless otherwise agreed.
9.3 To the extent that STP Informationstechnologie Schweiz AG suppliers provide warranties to STP Informationstechnologie Schweiz AG customers, and to the extent that such assurances can help customers satisfy their claims, customers are obliged to attempt resolving their complaints amicably with suppliers first. The mentioned rule applies if STP Informationstechnologie Schweiz AG has notified the customer of such third-party warranties.
10.1 Partners and contractors agree to attempt to resolve any disputes arising from or in connection with framework or individual agreements, annexes, or addendums, amicably before resorting to any legal proceedings.
10.2 In the event of a dispute, the contact person of the party that asserts the argument shall inform the contact person of the other party in writing about their assessment. The information must contain all relevant facts, nature, and the extent of the argument. Consequently, the parties will discuss raised issues in good faith. The parties will attempt to find an amicable solution for a period of no less than 10 (ten) business days. If and as soon as the parties find a solution, the points of contact will document it in writing.
10.3 Conversely, if parties do not resolve a dispute per 10.2, parties may notify the management of the other party in writing and demand escalation. The management of both parties will attempt to resolve raised issues during a further period of 10 (ten) business. If they fail to resolve the dispute within this period, parties may declare their attempts at resolution unsuccessful.
11.1 If parties fail to resolve any disputes amicably, they agree to submit said disputes to the arbitration board of the German Association for Law and Informatik eV ("DGRI eV"). The arbitration board will provide a complete or a partial, provisional or definitive, resolution per the rules of conciliation in the version valid at the time of the initiation of the conciliation proceedings.
11.2 The limitation period for all claims arising from the circumstances of the case subject to conciliation shall be suspended from the date of the conciliation request until the end of the conciliation proceedings. § 203 BGB applies accordingly.
11.3 The parties make it clear that the prior initiation of a conciliation procedure is not a procedural requirement, regardless of whether it is a matter before the ordinary courts or the interim legal protection.
11.4 Without prejudice to 11.1, each party is entitled to apply for interim protective measures in case of infringement of third-party property rights or violation of data protection and confidentiality regulations.
12.1 Force Majeure are events that significantly impede or temporarily make impossible for parties to fulfill one or all of their contractual obligations, and which are outside of their scope of influence. Such events entitle parties to fulfill their commitments affected by force majeure in the subsequent period after the force majeure lapsed. The above mentioned period will be calculated by extending the force majeure duration and one reasonable notice period and will start to run as of the first business day after the force majeure stopped. The mentioned rule shall apply if the party affected by the force majeure informs the other party immediately of the event and its inability to temporarily comply with their contractual obligations. In particular, force majeure events could be a strike, lock-out, and other industrial actions that directly or indirectly affected the party.
13.1 All notifications and statements must be in writing and sent by post or courier to the address specified in agreements, or by email or fax to have legal effect as per these ToS. Parties may change their delivery address, email, or fax number, and must promptly notify the other party for the change to take effect.
13.2 STP Informationstechnologie Schweiz AG may update these terms of service from time to time and must announce any change to customers in writing. If customers do not object to said changes within one month following the receipt, it will be deemed that they agree with the updated terms. STP Informationstechnologie Schweiz AG will inform customers of the mentioned objection period, as well as of legal consequences of the (non-)objection.
13.3 Parties will treat any sensitive information as confidential. For example, confidential may be any business information known to them during the contract performance, including data that are subject to professional secrecy on the part of the customer. The mentioned rule also applies during events and webinars carried out by STP Informationstechnologie Schweiz AG.
13.4 Customer data required for the transaction are stored electronically per the Federal Data Protection Act (BDSG) of the Federal Republic of Germany.
14.1 Following rules apply in cases of software purchase, and these special provisions supersede all terms mentioned in paragraphs 1 to 13 of these ToS.
14.2 The customer may transfer the licensed software, in part or whole, to a third party under the following rules:
1. Any usage conditions and restrictions that apply to the customer will affect the transferee;15.1 Following rules apply in cases of software rental, and these special provisions supersede all terms mentioned in paragraphs 1 to 13 of these ToS.
15.2 The right of the customer to use the licensed software is limited to the term of the lease.
15.3 STP Informationstechnologie Schweiz AG is liable for any defects of the Licensed Software that are already present when they are made available as per the agreements and these ToS.
15.4 Upon termination of the Rental Agreement, customers must return the Licensed Software to STP Informationstechnologie Schweiz AG on the original media, including documentation. Customers must completely and permanently delete any copies of the licensed software provided by STP Informationstechnologie Schweiz AG. STP Informationstechnologie Schweiz AG may require customers to delete the licensed software and the documentation instead of the return. The above rules exclude archived copies and backups from the obligation to return and delete. The customer must confirm to STP Informationstechnologie Schweiz AG promptly, in writing, after deleting the files, and in any case no later than within 2 (two) weeks after the termination.
15.5 Any use of the Licensed Software after termination of the contract is prohibited.
16.1 Following rules apply in cases of adjustment of licensed software, and these special provisions supersede all terms mentioned in paragraphs 1 to 13 of these ToS.
16.2 STP Informationstechnologie Schweiz AG executes the contractually agreed adjustments of the Licensed Software. Agreements to adjust are only binding if made or confirmed by STP Informationstechnologie Schweiz AG in writing. Parties agree, however, that at the time of entering into the contract, not all technical, commercial and legal issues can be recorded and regulated. If during the term of the agreement further execution of the contract based on current conditions proves to be grossly inappropriate for either party, the other party is obliged to attempt to rebalance interests through negotiations in good faith.
16.3 The services are always provided at the STP Informationstechnologie Schweiz AG's offices. If expressly agreed, STP Informationstechnologie Schweiz AG can render the services at the customer site. In such cases, the customer will provide STP Informationstechnologie Schweiz AG employees with necessary work equipment (e.g., hardware and software, office infrastructure, means of communication, system access, and authorizations) free of charge.
16.4 The Customer must ensure that all requirements, information, and content provided by them are correct, complete, and comply with relevant statutory provisions (e.g., data protection law, competition law, copyright and trademark law, etc.). STP Informationstechnologie Schweiz AG assumes no responsibility for defects in contractual services, performance disruptions, and infringements based on specifications, information, or content mentioned above.
16.5 If the Customer violates obligations per 16.4, it will compensate STP Informationstechnologie Schweiz AG for all damages, expenses, and third-party claims unless it proves not responsible for the violation.
16.6 If STP Informationstechnologie Schweiz AG makes a protocol of mutual discussions and decisions, it will send it to the customer. If the customer does not object to the protocol in writing within 5 (five) business days after receipt, the contents of the protocol shall be deemed approved. STP Informationstechnologie Schweiz AG will notify the customer of this time limit and the legal consequences of their actions when sending the protocol.
16.7 The contractual nature of the licensed software adjustments arises from the specifications agreed by and between the customer and STP Informationstechnologie Schweiz AG.
16.8 The rules on commissioning services and operating services in paragraphs 4 and 5 apply accordingly.
16.9 The customer receives the same rights to the results of adjustments as it holds to the licensed software.
16.10 Parties can terminate the services in case of a breach, as long as the following conditions are met cumulatively:
• The violation of the contract is expressly objected to by the affected party. The concerned party requires the breaching party to stop the breach within a set deadline. Additionally, the affected party must assert that in case of the expiry of the set deadline without any remedy, it plans to terminate the agreement in part or whole;
• The set deadline for remedying the breach must be reasonable and appropriate. A period shorter than two weeks is reasonable and proper only in cases of high urgency. In case of severe violation, complete lack of performance, or under the other legal requirements (§ 323 Abs. 2 BGB) the deadline requirement can be waived;
• The affected party can terminate the agreement in part or whole only within three weeks after the expiry of the set deadline, where the breaching party provided no remedy. The period does not run during ongoing negotiations between the parties.
16.11 Parties can only terminate the services due to a delay in contract performance by the other party if the other party is solely or predominantly responsible for the delay. The rule mentioned above shall not apply if the other party delayed the performance due to circumstances that render the agreement unbalanced and unreasonable.
16.12 Parties can terminate the services as per § 649 BGB. In case of such termination, the other party will compensate STP Informationstechnologie Schweiz AG for rendered services. Additionally, the other party will pay STP Informationstechnologie Schweiz AG for services that would have otherwise been rendered, barring termination, in the amount of 10% of the outstanding remuneration. The customer reserves the right to prove that STP Informationstechnologie Schweiz AG's share per § 649 BGB is lower than the quota mentioned herein.
16.13 All statements in connection with the termination of services must be in writing to be valid.
16.14 Unless otherwise agreed, STP Informationstechnologie Schweiz AG receives compensation based on expenses. Daily rates include 8 hours per day. Operating times of less or more than 8 hours are charged pro-rata.
16.15 Expenses in offers from STP Informationstechnologie Schweiz AG or other contractual agreements are non-binding estimates. The final basis of the remuneration is only the undertaken work effort unless the parties have expressly agreed otherwise in writing.
16.16 The customer must additionally reimburse STP Informationstechnologie Schweiz AG travel expenses and travel times according to the contractual agreements.
6.17 Customers can settle their payments to STP Informationstechnologie Schweiz AG monthly. If parties agreed a fixed price, and unless stipulated otherwise, 40% of the remuneration is due immediately upon the conclusion of the contract and 40% after when providing specific contract commitments. Outstanding 20% is due after the project has been accepted and otherwise completed. The parties may agree on different payment plans in individual cases.
In order to make visiting our website attractive and to enable the use of certain functions, we and certain third parties use cookies. A cookie is stored permanently via the comfort setting in order to reload your preference setting on your next visit and to optimize the user experience conveniently for you through usage behavior (Google Analytics) and certain third parties (social media, videos via YouTube). For this purpose, information is partially passed on to service providers who may be located in a third country and do not have a comparable level of data protection. If you refuse optional cookies, only the cookies necessary to provide the services will be used. Details on cookies can be found in the cookie management and general cookie information in the Privacy Policy. You can change or revoke your selection at any time by clicking on "Manage cookies" at the bottom of the page.