General Terms and Conditions of Business
1. General
The following General Terms and Conditions (GTC) are part of every contract between Cubia AG and its contractual partners, hereinafter referred to as customers. Cubia AG provides its services exclusively on the basis of these General Terms and Conditions (GTC). Agreements that modify, extend or cancel these conditions are only valid if they are a change confirmed by us in writing. The invalidity of individual conditions does not affect the validity of the contract. Invalid provisions are to be replaced by regulations whose economic success corresponds as closely as possible to the intention of the invalid clause.
2. Order, Services of Cubia AG
a) Cubia AG’s services to the customer are usually specified in more detail in a separate contract.
b) Cubia AG undertakes to provide the services agreed to in the contract for the customer
in the agreed quality and on the agreed dates. A specific result, in particular the occurrence of any forecasts, is not owed.
c) If Cubia AG is unable to provide these agreed services due to reasons for which it is responsible, the customer is entitled to set a rectification period of at least 3 weeks.
d) Cubia AG can use expert third parties to fulfil its obligations to the customer. If it involves the processing of personal data on behalf of the customer, the use of third parties is dependent on the customer’s approval. The approval of third parties does not include services that are not considered to be responsible for the processing of transmitted data, e.g. telecommunications service providers.
3. Software, Internet Services
a) The customer is responsible for providing the technical requirements for using the Cubia Internet programs.
b) Training and basic instructions on the Cubia Internet programs require a separate agreement and, if subject to a fee, are to be paid for separately.
c) Cubia AG retains all copyright and industrial property rights to the software provided to the customer on the Internet. The customer’s right of use is usually limited in time or relates to the implementation of individual projects.
d) If the customer provides their own content (e.g. questionnaires) in the Cubia Internet programs for use in their own projects, this content remains the property of the customer and may not be used by Cubia AG without the customer’s consent.
4. Data Protection
a) Cubia AG has appointed a company data protection officer and complies with the rules of statutory data protection. All employees and vicarious agents who are entrusted with the processing of a contract with a customer are obliged in writing to maintain data confidentiality in accordance with the Federal Data Protection Act (new BDSG).
b) Cubia AG regularly saves all data from a customer project on electronic data storage devices.
c) The data is deleted as contractually agreed, on instruction or when knowledge of it is no longer required to fulfil the purpose for which it was stored. This does not apply to data that is subject to statutory retention periods. The periods specified by the legislature apply here.
5. Customer’s Obligation to Cooperate
a) The customer is solely responsible for the content and accuracy of the content he himself contributes to the customer projects and that is made available by Cubia AG.
b) The customer undertakes to treat evaluations made available to him as part of the provision of services by Cubia AG in accordance with the guidelines of statutory data protection and to ensure that these evaluations or parts thereof are only made accessible to third parties with whom a contractual agreement has been made in advance.
c) The customer undertakes to keep the access ID and password for access to the Cubia programs on the Internet safe from third parties. If there is reasonable grounds to suspect that an unauthorized third party has gained knowledge of them, the passwords must be changed immediately or their change must be arranged.
6. Liability
a) Cubia AG is liable for any damages for itself and its vicarious agents – regardless of the legal basis, including tort – only if Cubia AG or its vicarious agents culpably violate a contractual obligation (cardinal obligation) in a way that endangers the purpose of the contract or if the damage is due to intent or gross negligence on the part of Cubia AG or its vicarious agents.
b) In the event of technical malfunctions (e.g. failure of the server hardware, disruptions in the area of internet availability or data transmission on the internet), the liability regulation mentioned under lit. a) applies. However, in the event of technical malfunctions affecting third-party services (e.g. internet leased lines), Cubia AG undertakes to ensure, within the scope of its possibilities, that these malfunctions are remedied immediately.
c) In the event of malfunctions or errors in the software developed and/or provided by Cubia AG, the liability regulation mentioned under lit. a) applies.
d) If the culpable breach of a contractual obligation (cardinal obligation) is not grossly negligent or intentional, Cubia AG’s liability is limited to those typical risks that were reasonably foreseeable for Cubia AG at the time the contract was concluded. This limitation of liability also applies to the extent of the damage.
7. Force Majeure
Events of force majeure (war, unrest, natural disasters, etc.) that make Cubia AG’s performance significantly more difficult or impossible entitle Cubia AG to postpone the fulfillment of its obligations for the duration of the hindrance and for a reasonable start-up time. Strikes, lockouts and similar circumstances are equivalent to force majeure, provided they are unforeseeable, serious and not the fault of Cubia AG. Cubia AG will inform the customer if such a circumstance occurs.
8. Support
Cubia AG provides technical support for its internet-based services (customer projects) via email and telephone (hotline). This technical support is not a contractual obligation of Cubia AG. Rather, it is a voluntary service provided by Cubia AG as a favor, which it is willing to provide within the scope of its time and professional capabilities. Cubia AG endeavors to answer all inquiries within 48 hours. Exceptions apply, for example, in the case of illness or vacation absences. There is no legal entitlement to certain hotline services at certain times of the day or night or in a certain quality.
Technical support by:
E-Mail: support@cubia.com
Phone(Hotline): +49 (0)7531 / 94 235-0
9. Payment Terms for Contractually Agreed Services
a) All amounts stated do not include VAT.
b) Cubia AG usually invoices its customers after Cubia AG has provided all agreed services. However, if the services agreed by Cubia AG in customer projects exceed an amount of 10,000 euros, Cubia AG is entitled to invoice customers for partial services already provided. In the case of contracts (service and work contracts) with a scope of services by Cubia AG exceeding 100,000 euros, Cubia AG can invoice an advance payment of 25/100 of the total amount before any eligible services are provided.
c) If the customer has objections to invoiced claims, these must be raised in writing within 4 weeks of receipt of the invoice to the address specified on the invoice.
d) When Cubia AG invoices services provided, these become due for payment immediately, without deduction.
10. Contract Term
a) The contract term begins when the customer places an order with Cubia AG. This order can be made in written or oral form. Oral contracts must be confirmed in writing within 8 weeks of the start of the contract term.
b) The contract term for customer projects usually ends after the customer has confirmed all services provided by Cubia AG by paying the invoice amount.
11. Place of Jurisdiction and Place of Performance
The place of performance for all services is Konstanz. The place of jurisdiction is Konstanz if the client is a merchant, a legal entity under public law or a special fund under public law.
12. Final Provisions
All legal relationships between Cubia AG and the customer are subject exclusively to the law of the Federal Republic of Germany applicable to legal relationships between domestic parties.
Cubia AG
Status: 12. Oktober 2021