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General terms and conditions

With your order you expressly accept knowledge and content of these GTC. Deviating and/or supplementary agreements require the explicit consent of the written agreement of Ingenieurbüro noesis GbR.

A. Contract conclusion and delivery

The contract is concluded after your order by our declaration of acceptance. Alternatively, also if you receive the software, or you have received the contractually agreed service is provided.

B. Payment

Invoices of Ingenieurbüro noesis GbR are due immediately unless other statements and are payable without any deduction. Without the need for a reminder, you are in default of payment 30 days after receipt of the invoice, if we have referred to this consequence in the invoice. We can inform you by reminder, however, already in default beforehand. The default interest for consumers are 5% and for entrepreneurs 8% above the base rate, if we have been granted a other reasons cannot demand higher interest. Cheques are only accepted on account of performance. Any bank charges will be borne by you. You can only order with undisputed or legally established claims. You can only assert your right of retention if it is based on the same contractual relationship. The delivered goods shall remain in our possession until the complete payment.

Running contractual relationships can be cancelled by Ingenieurbüro noesis GbR if invoices are not paid or not paid in full or in time.

C. Warranty, liability, data protection

(1) Unless otherwise stipulated in other general terms and conditions of Ingenieurbüro noesis GbR, but especially in the provision of services the following applies:
Ingenieurbüro noesis GbR

  • excludes liability for slightly negligent breaches of duty, provided that these do not concern duties essential to the contract, damage from injury to life, body or health or claims under the Product Liability Act which concern life or limb. The same applies to breaches of duty of the vicarious agents or the executive employees of Ingenieurbüro noesis GbR.
  • is not liable for the negligent breach of insignificant obligations.
  • is not liable for lost profits and other indirect damages.
  • shall not be liable for the recovery of data, unless the destruction of such data was caused by gross negligence or intent on the part of Ingenieurbüro noesis GbR and the customer has ensured that such data can be reconstructed with reasonable effort from data material provided in machine-readable form.

(2) You also have the obligation to back up the data once a day. The data backup must be carried out according to the current state of the art.

D. Rights of use for computer programs

Ingenieurbüro noesis GbR grants you the right to use the provided software for an indefinite period of time against payment. All rights of use not expressly granted remain with the author.

You are entitled to use the Contract Software on any compatible computer, provided that it is used on only one computer at a time (unless otherwise agreed) and you are in possession of the original Software. The Software is considered to be used on a computer when it is loaded into the random access memory (i.e. RAM) or installed on a fixed memory (such as a hard disk or other storage medium). They are also to make a backup copy of the software, if this is necessary for securing future use of the software should be necessary. For the rest the provisions of the copyright law with regard to the rights of use complementary application.

Without written permission of the engineering office noesis GbR you are not entitled to make copies of the documentation, the original software or the backup copy beyond the above permission; to rent or otherwise commercially use the software or documentation, if not expressly permitted, to sublicense or in a not expressly permitted way make it available to third parties or pass it on to third parties; to change, modify or adapt the software or documentation (this prohibition applies among other things also to the translation, modification and further use of the product in parts). The provisions of copyright law shall also apply here in addition.

E. Use of your data

Ingenieurbüro noesis GbR is entitled to collect, process and use your personal data required for the handling of the business relationship in accordance with the General Data Protection Regulation (GDPR) and Telemediengesetz. Your data will under no circumstances be passed on to third parties for advertising purposes.

F. Miscellaneous

The law of the Federal Republic of Germany shall apply. Place of jurisdiction for contracts with companies is Darmstadt. By publication of revised general terms and conditions, the terms stated here lose their validity.


Status: February 1st, 2020

Ingenieurbüro noesis GbR
Knut Lohse, Helmut Wohland
Beckerstraße 23
64289 Darmstadt
Germany

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