1. Scope of application
These General Terms & Conditions shall apply to all offers, orders, deliveries and services provided by Greenbone Networks GmbH (hereinafter referred to as Greenbone) under exclusion of any deviating terms and conditions of the contractual partner, unless the validity is confirmed in writing by Greenbone. The General Terms & Conditions shall be applicable only vis-à-vis entrepreneurs within the meaning of § 310 (1) of the German Civil Code (BGB).
2. Conclusion of contract
All offers made by Greenbone are subject to change and are non-binding, unless expressly agreed otherwise in writing. A contract shall only become effective upon the express agreement to execute the order. Any subsidiary agreements, changes, amendments, etc. shall require written confirmation by Greenbone.
3. Services, performance and time limit for performance
The agreements entered into and these General Terms & Conditions alone shall be applicable to the content and scope of the contractual obligation. The services rendered may deviate from the agreements entered into, provided that they meet or adhere to the defined requirements. Due dates shall be binding only if confirmed in writing. Greenbone shall assume no liability for delays in performance if caused by circumstances that impede the completion of services on schedule. The same shall apply in cases of force majeure, including, amongst other things, the breakdown of communications networks, servers, strike, power cuts, and so on. No liability shall be assumed either for a delay in performance if the customer fails to fulfil his duty to cooperate. If the customer defaults in accepting performance or if he culpably breaches any other duties to cooperate, Greenbone is entitled to request replacement of the losses it sustains, including any possible additional expenditure. The right to additional claims remains unaffected. Services shall be rendered within the framework of the technical possibilities at the time of concluding the contract.
To the extent agreed, Greenbone shall provide user support during normal business hours via e-mail within the scope of customer queries, which shall also be submitted exclusively by e-mail. The response time shall be one day. The response time for analysing and eliminating errors reported by customers shall be three working days. The rules on public holidays at the registered office of Greenbone shall apply. Greenbone shall provide customers with system updates via its website.
All services shall be based on the knowledge and experience of Greenbone and do not claim to be exclusive. Services shall be rendered on the basis of the information provided by the customer using the expert knowledge of Greenbone, and shall be based on the subjective professional judgement of the issues. The customer shall bear the risk of the objective correctness of consultancy services.
4. Cooperation of the customer
The customer shall assist in the rendering of services. He shall provide Greenbone with all the information and data required to execute the order in good time.
The customer shall take measures in the event that subjects of the contract do not work correctly in whole or in part, e.g. continuous data backup, regular verification of results, error diagnoses, and so on.
5. Payment and remuneration
Payments agreed upon shall be payable without deduction by the specified dates. Statutory regulations shall apply to default in payment and consequences of default. In addition, Greenbone shall be entitled to charge an administration fee of € 10.00 for each reminder. The enforcement of further damages shall remain unaffected. The customer shall only be entitled to retain payments or to set them off against any possible counterclaims insofar as these have been expressly recognised by Greenbone or declared final and conclusive.