AGB
General Terms and Conditions (GTC) of TeeCam GmbH
As of: October 2021
1. Scope
(1) These General Terms and Conditions apply to all contracts, deliveries, and services of TeeCam GmbH, Markenstraße 20B, 45481 Mülheim an der Ruhr (hereinafter referred to as “TeeCam”) with entrepreneurs within the meaning of § 14 BGB (German Civil Code).
(2) Conflicting or deviating terms and conditions of the customer shall not be recognized unless TeeCam expressly agrees to their validity in writing.
(3) These GTC shall also apply to future transactions with the customer without express reference being made to them again.
2. Scope of services
(1) TeeCam provides services in the areas of 3D scanning, drone flights, digital documentation, software development, portal solutions, hosting, maintenance, and support.
(2) The type and scope of services are specified in the respective offer, contract, or service description.
(3) Partial services are permissible insofar as they are reasonable for the customer.
3. Customer's obligations to cooperate
(1) The customer must provide all information, access, and approvals necessary for the provision of services in a timely manner.
(2) Delays due to lack of cooperation shall extend the agreed service deadlines accordingly.
(3) The customer is responsible for ensuring that drone flights, scans, or recordings on their premises are legally permissible.
4. Rights of use / software / hosting
(1) The customer shall receive a simple, non-transferable right of use for the contractually agreed purpose for software solutions, portals, applications, or individual programming developed by TeeCam.
(2) The source code shall remain the property of TeeCam unless otherwise agreed in the contract.
(3) TeeCam operates or hosts portals and applications on its own or external servers. TeeCam guarantees reasonable availability, usually 98% on an annual average, excluding maintenance periods and force majeure.
(4) The customer is obliged to treat access data confidentially and to protect it from misuse.
5. Remuneration and terms of payment
(1) All prices are net plus statutory sales tax.
(2) Unless otherwise agreed, invoices are due within 14 days net of the invoice date.
(3) In the event of late payment, TeeCam is entitled to charge default interest at the statutory rate (§ 288 (2) BGB).
(4) TeeCam retains ownership of the delivered data, products, and rights of use until full payment has been received.
6. Warranty and liability
(1) Unless otherwise specified in these General Terms and Conditions, the statutory warranty provisions apply to defects.
(2) TeeCam shall be liable without limitation in cases of intent or gross negligence as well as in cases of injury to life, limb, or health.
(3) In cases of slight negligence, TeeCam shall only be liable for breaches of essential contractual obligations (cardinal obligations), limited to foreseeable damage typical for this type of contract.
(4) Liability for data loss shall only be assumed if the customer can prove that they have performed regular data backups.
(5) TeeCam shall not be liable for force majeure (e.g., natural disasters, power failures, network disruptions, pandemics, official orders).
7. Data protection and confidentiality
(1) TeeCam processes personal data exclusively within the framework of the legal provisions of the GDPR and the BDSG.
(2) The customer remains responsible within the meaning of the GDPR for their own data processed via TeeCam systems. Upon request, a separate data processing agreement (DPA) will be concluded.
(3) Both parties undertake not to disclose confidential information, trade secrets, and access data of third parties without authorization.
8. Copyrights and references
(1) All content, designs, scans, software solutions, and technical concepts are subject to TeeCam's copyright.
(2) TeeCam is entitled to use anonymized project data and screenshots for reference purposes, unless the customer expressly objects to this.
9. Term and termination of hosting and software contracts
(1) Unless otherwise agreed, hosting and maintenance contracts have a term of 12 months and are automatically extended for a further year if they are not terminated in writing with 3 months' notice to the end of the term.
(2) The right to extraordinary termination for good cause remains unaffected.
10. Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of jurisdiction and performance is Mülheim an der Ruhr.
(3) Amendments and additions to these General Terms and Conditions must be made in writing.
(4) Should individual provisions of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.