Subject of the Contract
These general terms and conditions (GTC) apply to all services of webgilde GmbH (webgilde), and particularly to the offerings on https://webgilde.com (the website) and custom jobs.
Please carefully read through the GTC before using the website or any of our other offerings. By using the website or taking advantage of one of our other services, you are automatically indicating that you acknowledge the GTC.
Content made available by webgilde is subject to copyright and may not be copied or used without our explicit written consent. Excluded from this is the use of excerpts of the texts on this website, in the case that the content is relevant to the target medium and the source is appropriately indicated using a link placed close to the content.
Webgilde does not accept responsibility for external content on linked websites. Due to the abundance and ever-changing nature of content, it is not possible for us to regulate this external content.
Please contact us if, despite careful review, any of our content violates copyright, branding, or other laws. We will remove content involved after the complaint has been reviewed and acknowledged.
By using the comment function or publishing any other content on the website, you take full responsibility for this content. Some of the aspects this applies to includes, but is not limited to, the adherence to copyright and branding laws, the adherence to data protection regulations, and data security in relation to harmful software such as viruses or Trojan horses.
By providing your content, you are granting webgilde the unlimited right to process or use it.
Webgilde reserves the right to delete comments and other foreign content at any time without restriction.
Webgilde does not accept liability for editorial or freely accessible content or the damages arising from it. This includes explicitly free published software and source codes.
Liability for services and proprietary software relates to software that is explicitly created or provided or services with predefined goals. Direct damages to data and third party systems are excluded from liability with the exception of those damages arising from gross negligence. Liability is limited to the amount of the contract price.
The following conditions apply explicitly to contract work, and particularly programming work and other services.
The client is obligated to cooperate appropriately for the duration of the time spent in development. Cooperating appropriately includes the relinquishment of all data and information that are necessary for reaching the goal.
Both parties mutually agree to give notice in the case that problems should arise during the course of project execution and/or foreseeable delays should arise.
Notification of project completion sent by webgilde marks the beginning of a test phase. This will last one week for projects with duration of up to one month. For a longer duration, approval will be due after two weeks. The test phase will increase by the appropriate length of time if faults are discovered which require further tests.
During the test phase, the client will confirm acceptance of the project or reject it due to a proven deficiency. If no explicit feedback is received or if the client exceeds the test phase for reasons caused by the client, then acceptance of the project automatically counts as confirmed once the test phase is over.
Webgilde can charge change requests, the correction of small defects, or other support requests as a new project and as such can charge the agreed hourly rate.
After paying in full, the client may use and further develop the software covered by the contract in any form for the client’s own purposes and for any direct uses as desired. To this end, webgilde transfers the irrevocable, spatialy and temporally unlimited usage right to the developed source code for all modes of use known at that time.
Webgilde also maintains the right to use the created source code free of charge in other projects. Accordingly, webgilde may also use source codes from other projects in the client’s project.
The client may commission the production of documentation. This may include documentation in the source code, so that a programmer proficient in the applicable programming language may understand it within a reasonable amount of time. Additionally, webgilde may request that the documentation be presented in the form of a user handbook. An extra charge in addition to the original proposal price will apply for documentation, as long as it is not already explicitly contained as part of the proposal.
The services and offerings of webgilde will be compensated either through an hourly rate or flat rate. As long as nothing else has been indicated, the net price will be shown. If we are obligated to withhold value added tax, this will be added to the amount on the bill.
If nothing else has been agreed in writing, there is no time limit for projects done on an hourly basis. Cost estimates produced beforehand are not binding.
The client has the right to ask webgilde at any time about the hours already worked and the progress made.
Bills issued by wegilde must be paid within 14 days. Webgilde reserves the right to require prepayment in an appropriate amount. The client’s right to use the results openly starts after full payment has been received. After the payment deadline has passed, webgilde can require that all results, even those that have already been used, be returned at the cost of the client
After the payment deadline passes, overdue fines and interest on late payment may be due in accordance with legal regulations.
The client has the right to cancel the project at any time. For projects being billed on an hourly basis, the work hours accured up to the point of cancellation will the charged to the client. For flat rate offers, webgilde reserves the right to calculate the costs already incurred at the usual hourly rate.
In the case that the project is delayed for more than 4 weeks for reasons caused by the client, webgilde has the right to withdraw from the contract and immediately bill the client for the services provided up until that point. If a project does not have an explicitly defined duration, requests made to the client for cooperation count as the start of this period.
Confidentiality, Storage of Documents
The parties are obligated to handle all information and exchanged objective documents that they have received from the respective other parties directly or indirectly as part of the collaboration in a confidential manner. This obligation for confidentiality is valid for a duration of five years. It ends if the confidential information becomes common public knowledge or if the information is shared with the parties to the contract during the period of validity for the confidentiality agreement by a third party without the imposition of a confidentiality obligation.
The client may require that all documents are deleted by webgilde, if he releases them completely from liability. The webgilde reserves the right to permanently keep documents that facilitate a reconstruction of work done on the project. This applies particularly to communication with the client.
Place of Execution and Jurisdiction
As long as the applicable laws of the Federal Republic of Germany do not dictate otherwise, the place of execution and jurisdiction is the University and Hanseatic City of Greifswald.
Side agreements and changes to the contract are only valid when made in written form. This requirement for the written form may not be annulled or abolished orally nor implicitly.
In the case that a translation of the GTC exists, the German version will remain valid as the main version.
The partial or full invalidity of single conditions of this contract does not effect the validity of the remaining provisions.
Status: March 26th, 2014