Terms of Use (TOS)

Terms of Use

General Terms & Conditions

1. General

The following terms of use (TOS) are to be considered a part of every agreement and are hereby accepted automatically for any contract (written or electronic) with the company Brainsap Development, Post address: Brainsap Development, Ringstraße 1, D-33378 Rheda-Wiedenbrück, Germany (hereinafter referred to as Brainsap Development). Differing TOS of our national and international contractors are not respected inside our TOS. Secondary agreements are only binding if they are confirmed in written form or by email. Verbal agreements are normally not-binding.

2. Services

All our services are independent and non-binding. All prices are before adding 19% VAT (Value Added Tax).

3. Request of Service

Service requests must be made in either a written format or by email. Assignments of customers will be approved by Brainsap Development in written format or by email. Internet orders through email or form sending are valid without your signature and will be binding upon the customer - your ip-address will serve as your signature. The customer must deliver required work materials such as logos, text and/or images in the agreed upon timeframe.

4. Payment

If not contracted differently, in writing, all invoices must be paid in full latest 14 days after receipt. When this payment period has passed, we may charge you 3% interest per month for the outstanding overdue amount. Claiming of other damages caused by your delay of payment is not excluded.

5. Reservation of Proprietary Rights

Delivered objects and all rights which are connected with these are reserved by us until full payment has been received.

6. Copyright

The copyright for any objects (websites, scripts, programs, images) created by Brainsap Development stays exclusively with Brainsap Development. Once full payment has been received by Brainsap Development, the customer will receive the rights of usage for the created objects. Unless specifically agreed upon in writing beforehand, duplication or usage of such objects in other electronic or printed publications, especially on other websites, is not allowed without the confirmation by Brainsap Development.

7. Delivery

Delivery dates or deadlines require an agreement. During such times as the customer is checking drafts, demos, test versions or other portions of the project, the delivery times are interrupted. The interruption will be in effect from the day of notification of us until the receiving of the customer's statement. If the customer requests changes of the originally requested work, the delivery date deadline will be extended accordingly. In the event that we require more time for the completion of the request, the customer is only able to apply federal right after a bonus period of at least two weeks.

8. Disclaimer

We do not assume any responsibility for the correctness of any kind of material supplied to us. We rely on the assumption that the customer has checked the materials in terms of correctness with care, prior to passing them to us.

9. Hand over Materials

We assume no responsibility for materials which are given to us such as storage media or other materials, which have not been reclaimed after one month.

10. Data Security

The customer shall hold us harmless for any 3rd party demands regarding data handed over to us. Any data passed to us should be copied beforehand, to avoid possible loss of data.

11. Validity

If any portion of the TOS or any other agreement with the customer is found to be invalid under federal law, that shall not affect the validity of the remainder of the TOS or other agreement(s). Furthermore, any such portion found to be invalid shall be replaced with a valid replacement by Brainsap Development.

Disclaimer

1. Corporate Veil

Content

The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information tis website provides. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. All offers found on this website are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without any announcement.

Uptime of the Website

The author of this website will always try to keep this service up without downtime. Unfortunately we can not fully prevent downtimes on our website. The author reserves the right to change or discontinue his services at any given time.

External Links

The author is not responsible for any external contents linked or referred to from his pages in any case - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from visiting those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any user-posted messages of discussion boards, guestbooks or mailinglists provided on his page.

No automatic contracting

By using this website you are not going into any kind of contract between user and our company. This leads to there is also no possiblity to claim the author of this website for any possible contracted needs which are not either written or in an electronic mail format.

2. Copyright

The author of this website intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object. The copyright for any material created by the author is strictly reserved. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement and will be punished by federal law.

However, linking to the authors website is always appreciated and does not require the agreement of the author.

3. Legal validity of this disclaimer

This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact. Appliance of federal law can only be based on the law of the companies country of residence - Germany.

4. Special terms of use

Whenever there are special terms of use for individual uses of this website which are differing from the before named paragraphs 1 to 4, there will good visible notice about it. In this case only the special terms of use of the given case is valid.

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