1. Acceptance of the General Terms and Conditions

A contract with Clevits is concluded exclusively on the basis of our following general terms and conditions. By placing the order, the client (customer) acknowledges this. The client's general terms and conditions that deviate from our terms and conditions are not valid and are expressly rejected.

​

2. Conclusion of contract

The customer can place the order verbally, by telephone, via the Internet, by letter or by email. In all cases, the contract is only concluded upon written acceptance by Aximpro. Acceptance by Clevits can take place within 2 weeks of placing the order. The customer remains bound for this period.

​

3. Subject of the contract

The subject matter of the contract is determined by the written confirmation of the order by Clevits. Later additions and changes must be made in writing. This also applies to any waiver of this written form requirement.

Binding appointments are only made in writing.

Compliance with Clevits' obligation always requires the timely, proper and complete fulfillment of the client's obligations within the framework of the existing business relationship.

​

4. Prices

The basis for the order is the prices agreed upon and confirmed by Clevits. If the service is to be provided by Clevits more than 4 months after the order was placed and if there are significant changes to the price-determining factors - license and personnel costs - on Clevits' part, Clevits is entitled to make a price adjustment in accordance with the increase in these factors. In the event of a change in the agreed price of more than 7%, the client has a special right of termination.

​

5. Payment Terms

Clevits is entitled to bill services provided on a monthly basis. The respective invoice amounts are due without deductions within 14 days of receipt of the invoice.

​

6. Late Payment

In the event of late payment, Clevits is entitled to demand default interest of 3% above the respective base interest rate of the European Central Bank (ECB). If higher damage caused by the delay can be proven, Clevits is entitled to claim this. The client is permitted to prove that Clevits did not suffer any damage at all or that the damage was significantly lower.

Clevits is not obliged to accept checks and bills of exchange. Accepted checks and bills of exchange are only considered payment once they have been cashed. The client is only entitled to offsetting and retention rights if his counterclaims have been legally established, are undisputed or have been recognized by Aximpro.

​

7. Liability

Claims by the client, in particular claims for damages including lost profits or other financial losses to the client, are excluded.

The above limitation of liability does not apply in cases where liability is mandatory, e.g. B. under the Product Liability Act, in cases of intent, gross negligence, for bodily harm, because of the assumption of a guarantee for the existence of a property or because of breach of essential contractual obligations.

In the event of a merely negligent breach of duty by Clevits or a vicarious agent, Clevits' liability is limited to the foreseeable damage that is typical for the contract.

To the extent that Aximpro's liability is excluded or limited, this also applies to the personal liability of Clevits' employees, representatives and vicarious agents.

​

8. Right of withdrawal for consumers in distance selling contracts

If the contract is concluded exclusively using so-called means of distance communication (e.g. by email or fax) and the client is a consumer, he has the right to revoke the registration/order in writing without giving reasons within 14 days of receiving the confirmation of acceptance.

After exercising the right of withdrawal, any payments made will be refunded. In order to meet the deadline, it is sufficient to prove that the cancellation has been sent in a timely manner to Clevits' address.

This right of cancellation expires as soon as Clevits has begun to provide the service as agreed during the 14-day period.

​

9. Data protection

Clevits will treat the data provided by the client confidentially and only use it in accordance with data protection regulations. By placing the order, the client agrees that his personal data will be stored to fulfill the purpose of the contract.

​

10. Place of jurisdiction, place of performance, choice of law

If the client is a registered merchant, Miesbach is agreed as the place of jurisdiction for all disputes arising from the contractual relationship. However, Clevits is entitled, in individual cases, to take legal action at the client's place of business or before any other competent court. The place of performance for service provision by Clevits and payment by the client is Clevits' registered office. The legal relationship between Clevits and the client is subject exclusively to German law, even if the client has its headquarters abroad or the service is provided entirely or partially abroad. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) in its current version is waived.

​

11. Severability clause

Should one of the above provisions be or become void or ineffective, the validity of the other provisions remains unaffected. Instead of the void or ineffective provisions, to the extent legally permissible, another appropriate regulation should apply that comes economically closest to what the contractual partners wanted or would have wanted if they had considered the ineffectiveness of the regulation.