yonesty app for organisation design, organisation development and organisation Intelligence
General Terms
1 Scope of application
These General Terms and Conditions (hereinafter
“GTC”) apply to all contracts concluded between
yonesty UG (haftungsbeschränkt) (hereinafter
“Provider”) and the customer. Deviating
conditions of the customer are not recognized,
unless the provider expressly agrees to their
validity in writing. 2 Subject matter of the contract
The Provider provides software products and
services which are made available to the
Customer for use. The exact description of the
products and services can be found in the
respective service descriptions on the website
or in the individualized offers. 3 Conclusion of contract
The contract is concluded when the customer
confirms the provider's offer by clicking on
the “Order with costs” button or by accepting
an individual offer in writing. 4 Prices and terms of payment
All prices are net prices plus the applicable
statutory VAT. Invoices are issued monthly in
advance. The customer is obliged to pay the
invoice amount within 14 days of receipt of the
invoice and no later than the first day of the
respective month of use without
deductions. 5 Rights and obligations of the customer
The customer receives a simple,
non-transferable right to use the software for
the term of the contract. The customer
undertakes to use the software only for the
contractually agreed purposes and not to grant
unauthorized third parties access. 6 Availability and liability
The Provider shall endeavor to ensure an annual
average availability of the software of 90%. In
the event of unavoidable technical faults, the
Provider shall only be liable within the scope
of the statutory provisions and only for intent
and gross negligence. 7 Data protection and confidentiality
The Provider undertakes to process the
Customer's personal data exclusively within the
framework of the statutory provisions. Further
details are set out in the privacy policy. Both
parties undertake to maintain confidentiality
with regard to all information disclosed within
the scope of the contract. 8 Contract term and termination
The contract is concluded for a minimum term of
6 months. It is automatically extended by a
further 6 months if it is not terminated in
writing with a notice period of 3 months to the
end of the respective term. 9 final provisions The law of the Federal Republic of Germany shall apply. The place of jurisdiction for all disputes arising from this contract is the registered office of the provider. Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.
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Rental Conditions for the
App
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1 Subject Matter of the Contract
The provider makes the yonesty App software
available to the customer for use in the
following operating models: Cloud, On-Premises
and Private Cloud. The exact scope of services
can be found in the respective service
description in the offer. 2 Rights of Use
The customer receives a non-exclusive,
non-transferable right to use the software for
the duration of the contract. Modifications,
copies or transfer of the software to third
parties are not permitted without the prior
written consent of the provider. 3 Availability andSupport
The provider guarantees an annual average
availability of the software of 95% in the
cloud model. For the on-premises model, the
customer is responsible for operational
reliability. Support services shall be provided
in accordance with the response times defined
in the offer.
4 Maintenance and
Updates
5 Data Protection and
Security
6 Contract Term and
Termination
7 Termination of the Contractual
Relationship After termination of the contractual relationship, the customer undertakes to delete all yonesty apps in the case of the on-premise operating model. |