{"id":590,"date":"2025-02-13T10:28:27","date_gmt":"2025-02-13T10:28:27","guid":{"rendered":"https:\/\/sapaddons.ingold-dev.com\/?page_id=590"},"modified":"2025-02-14T07:02:27","modified_gmt":"2025-02-14T07:02:27","slug":"dl-services","status":"publish","type":"page","link":"https:\/\/sapaddons.ingold-dev.com\/en\/dl-services\/","title":{"rendered":"DL – Services"},"content":{"rendered":"\t\t
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Bitkom\u2019s contractual terms for services<\/h1>

1.\u00a0 Subject matter of the contract<\/h2>

1.1\u00a0 The provider renders services as set forth in the conditions agreed under the contract and in the following, in exchange for the remuneration agreed contractually. The customer is responsible for project execution and success. The provider renders services in accordance with the principles of proper professional conduct.<\/p>

1.2\u00a0 The subject matter of the contract can comprise a one-time service which can also be rendered in parts, or can be established for the long-term.<\/p>

2.\u00a0 Service \u00a0implementation<\/h2>

2.1\u00a0 The\u00a0location\u00a0of\u00a0service\u00a0provision\u00a0is the provider\u2019s headquarters, unless agreed otherwise.<\/p>

2.2\u00a0 The provider renders services by way of suitable staff members. The customer has no claim to service provision by specific employees of the provider.<\/p>

2.3\u00a0 The provider defines the manner in which services are rendered, unless agreed otherwise.<\/p>

2.4\u00a0 The customer is not authorized to issue instructions to the provider\u2019s employees involved in rendering services.<\/p>

2.5\u00a0 If\u00a0the\u00a0provider\u00a0must\u00a0present\u00a0the\u00a0results\u00a0of service provision in writing, only the written presentation is definitive.<\/p>

3.\u00a0 Collaboration obligations<\/h2>

3.1\u00a0 The customer ensures that the contact person appointed by said customer supplies the provider with the documents, information and data needed for service provision completely, correctly, in a timely way and at no charge, unless the provider is liable for this. The customer furthermore ensures that these items are up- to-date. The provider may assume the completeness and accuracy of these documents, information and data, unless said provider recognizes or has to recognize that they are incomplete or inaccurate.<\/p>

3.2\u00a0 In this regard, the customer shall monitor service provision by the provider.<\/p>

4.\u00a0 Rights of use<\/h2>

4.1\u00a0 As regards the service results which the provider has supplied within the scope of the contract and transferred to the customer, the provider grants the customer a non-exclusive and non-transferable right to use these results in perpetuity for their own internal purposes within the contractually intended context, unless agreed otherwise.<\/p>

4.2\u00a0 Otherwise, all rights remain with the provider.<\/p><\/div>

4.3\u00a0 The provider can revoke the rights of use granted to the customer if they significantly breach the restrictions on use or other rules on preventing unauthorized use. The provider shall set a grace period of remedy for the customer beforehand. In case of recurrence and in special circumstances which justify immediate revocation, bearing in mind the interests of both sides, the provider can also declare revocation without setting a period of notice. After rights of use have been revoked, the customer shall confirm this to the provider in writing. The provider shall restore rights of use for the customer after they have submitted and warranted in writing that there are no more breaches of these rights of use, and previous breaches as well as their consequences have been eliminated.<\/p>

5.\u00a0 Duration<\/h2>

5.1\u00a0 If the contract has been concluded for an indefinite period of time, it can be terminated at the end of a calendar year with a 3-month period of notice. Termination is first possible on expiry of the calendar year following contract conclusion. An agreed minimum duration remains unaffected by this termination right.<\/p>

This does not apply if a different agreement has been reached.<\/p>

5.2\u00a0 The right to extraordinary termination for important reasons remains unaffected.<\/p>

5.3\u00a0 Withdrawal from the contract is excluded.<\/p>

6.\u00a0 Remuneration<\/h2>

6.1\u00a0 Unless agreed otherwise, the provider can increase remuneration no earlier than 12 months after contract conclusion, if the increased remuneration corresponds to the provider\u2019s current list prices. Further increases can follow no earlier than 12 months after a preceding increase has become effective. An increase becomes effective 3 months after announcement.<\/p>

The customer has a termination right if the remuneration rate increases by more than five percent. Within one month of receipt of notice, the customer can declare termination by the time the increase is to take effect.<\/p>

6.2\u00a0 Agreed proofs of expenditure are considered approved if the customer does not contradict them in writing and in detail within 21 days of receipt, and the provider has made reference to the approval concept in the proof of expenditure.<\/p>

6.3\u00a0 Travel costs and allowances as well as other expenditures are reimbursed in accordance with the provider\u2019s price lists, unless agreed otherwise.<\/p>

Travel time is not considered working time.<\/p><\/div>

6.4\u00a0 The provider can request remuneration for their efforts if additional expenditures are incurred due to the customer not having met their obligations in a proper way (also refer to item 3).<\/p>

7.\u00a0 Service disruptions<\/h2>

7.1\u00a0 If a service is not provided in compliance with the contract and the provider is responsible for this (service disruption), they are obliged to provide the service, in whole or in part, to the customer in compliance with the contract within a reasonable period and without additional costs, unless this is only possible with a disproportionate expenditure.<\/p>

This obligation of the provider exists only if the customer has objected to the service disruption in writing and without delay, but no later than by the end of two weeks after obtaining knowledge thereof, unless agreed otherwise.<\/p>

7.2 Item 6 of the document titled ‘AV Bitkom’ applies to any further claims for compensation of expenditure and damage.<\/p>

8.\u00a0 Validity of ‘AV Bitkom’<\/h2>

Bitkom’s general contractual terms (document titled ‘AV Bitkom’) apply additionally.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

Bitkom\u2019s contractual terms for services 1.\u00a0 Subject matter of the contract 1.1\u00a0 The provider renders services as set forth in the conditions agreed under the contract and in the following, in exchange for the remuneration agreed contractually. The customer is responsible for project execution and success. The provider renders services in accordance with the principles […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"template-cms.php","meta":{"inline_featured_image":false,"footnotes":""},"class_list":["post-590","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/sapaddons.ingold-dev.com\/en\/wp-json\/wp\/v2\/pages\/590","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/sapaddons.ingold-dev.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/sapaddons.ingold-dev.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/sapaddons.ingold-dev.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/sapaddons.ingold-dev.com\/en\/wp-json\/wp\/v2\/comments?post=590"}],"version-history":[{"count":11,"href":"https:\/\/sapaddons.ingold-dev.com\/en\/wp-json\/wp\/v2\/pages\/590\/revisions"}],"predecessor-version":[{"id":791,"href":"https:\/\/sapaddons.ingold-dev.com\/en\/wp-json\/wp\/v2\/pages\/590\/revisions\/791"}],"wp:attachment":[{"href":"https:\/\/sapaddons.ingold-dev.com\/en\/wp-json\/wp\/v2\/media?parent=590"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}