Terms & Conditions at Obtino
1 . General
General The following general terms and conditions of sale and delivery apply to all offers, order confirmations, sales, and deliveries made by Obtino (hereinafter referred to as OB). Together with offers, data processing agreements, order confirmations, and other written agreements issued by OB, these conditions constitute the entire agreement regarding OB’s sale and delivery of services and products to the Buyer. Changes and additions to the agreement are only valid if agreed upon in writing by OB and the Buyer.
2 . Offers, Orders, and Acceptance
Only written offers and agreements/minutes are binding. Offers are valid for 14 days from the date the offer is dated or issued, unless otherwise stated in the offer. A purchase is final when the Buyer has accepted the offer in writing. Afterward, the agreement cannot be canceled, changed, or postponed by the Buyer without written acceptance from OB, and then only upon payment of incurred costs. If the Buyer believes that the information in a received order confirmation or the terms of these sales and delivery conditions conflict with the agreed-upon contract, the Buyer must immediately notify OB in writing. The Buyer must designate one contact person (employed by the Buyer) responsible for the cooperation. If the contact person does not have the authority to approve offers, orders, and deliveries, it is the Buyer’s responsibility to designate a separate person (employed by the Buyer) with this authority. OB is not responsible for ensuring that the Buyer’s acceptance is made with the correct authority.
3 . Prices and Payment Terms
All prices are exclusive of VAT. Travel expenses in connection with the execution of the agreement are reimbursed by the Buyer at the rates set by the state at any given time unless otherwise agreed upon in writing. Expenses for purchasing software licenses or other necessary items directly related to the provision of the service are reimbursed by the customer at cost plus a handling fee of 10%, unless otherwise agreed upon in writing. Payment terms are 15 days net. For late payment, OB charges 2% per month commenced in interest. In case of non-payment despite reminders, OB is entitled to revoke the Buyer’s right to use the delivered product without notice. Unless otherwise agreed, payment for the delivery is made in two installments. 50% of the agreement price is paid by the Buyer upon acceptance of the agreement. The remaining 50% is paid when the agreed-upon is ready for the Buyer. (see definition of final delivery in §5 para. I). All invoiced Buyers who have accepted an offer confirm that OB may use the Buyer as a reference on OB’S website.
4 . Confidentiality
To the extent necessary to perform the services, the Buyer must grant OB access to personal data. The specific terms for the provision and handling of personal data are governed by the data processing agreement. All employees of OB are contractually bound by confidentiality, ensuring that non-publicly available information provided in connection with the Buyer’s project is not disclosed to third parties without written consent from the Buyer. The cooperation also obliges the Buyer not to disclose non-publicly available information about OB to third parties without written consent from OB.
5 . Delivery Time and Delivery
The final delivery of the Buyer’s product occurs upon one of the following events: 14 days after the product is launched 60 days after the Buyer’s trial period has begun 60 days without the Buyer’s response to OB’s inquiries Delivery takes place at the time agreed upon with the Buyer unless the reservation mentioned in point IV applies. If no delivery time has been agreed upon, delivery takes place when OB’s work is completed. The delivery date is only valid to the extent that the Buyer meets agreed-upon deliveries and is available to respond to clarifications. If a delay is due to the Buyer’s failure to deliver or be available, OB will inform about a new delivery date after the Buyer’s delivery is delivered or clarification is provided. It should be noted that a delivery date may be delayed more than double the delay for the Buyer’s delivery or clarification. If the agreed delivery date is exceeded by more than 60 days, the Buyer has the option to cancel the part of the agreement affected by the delay. This does not apply if there are hindrances attributable to the Buyer and OB has informed the Buyer about it. After the final delivery of the product, OB is no longer responsible for maintaining the delivered product unless otherwise agreed. After the final delivery of the product, OB is not liable for rectifying errors or deficiencies as part of the original delivery. Software requires maintenance, and functionalities may be affected by third-party updates or changes. The Buyer has 14 days after the product is launched to complain about errors, deviations, or deficiencies. After that, the product is considered finally delivered. For rectification of major errors, deviations, or deficiencies that OB is not reasonably responsible for or could have avoided, the Customer will be invoiced at the agreed hourly rate. If the Buyer could reasonably have informed OB of an error, deficiency, or deviation well in advance of a delivery, and the Buyer has not done so, and the lack of action affects the extent of the rectification, the Customer will be invoiced at the agreed hourly rate.
6 . Ownership
When the entire agreement is paid, all rights to the final product transfer to the Buyer unless otherwise agreed. OB has the right to reuse general parts of code and material created in connection with the service internally or for other customer projects. OB generally does not have the right to copy significant functionality for a directly competing product or service. The Buyer can request data, code, and material that the Buyer has rights to and that OB holds, upon written request to OB. It may take up to 30 days before delivery, as data, code, and material must be transferred in a reasonable and secure manner. OB is not obliged to retain data, code, and material after final delivery. The Buyer guarantees that all text, graphics, images, designs, trademarks, or other content transferred to OB use in the product is owned by the Buyer or that the Buyer has permission from the rightful owner to use it.
7 . Support
Support is provided via email and will be answered as soon as possible, ideally within 24 hours outside holiday periods. Unless otherwise agreed, the Buyer will be invoiced at the agreed hourly rate.
8 . Force Majeure
Unless OB has been able to avoid a consequence or has averted it, OB is not liable for full or partial delay or failure to fulfill the agreement as a result of force majeure, including war, rebellion, strike, lockout, blockade, seizure, fire, theft, unusual natural conditions , pandemic/epidemic or similar.
9 . Liability
OB ensures that the delivery is carried out in accordance with good IT practice, including using well-proven design methods, quality standards, programming languages, and program development tools. OB also ensures that the delivery is otherwise carried out in accordance with the agreed-upon. Additionally, OB guarantees that the delivery is performed to the best of its ability to meet the Buyer’s needs within the budget and timeframe understood and described in the offer. OB is not liable for errors or deficiencies resulting from incorrect or insufficient operation, accidental events, changes in third-party software and APIs, or similar circumstances. OB is not liable for loss of profit, loss of production, lost revenue, anticipated savings, loss or contamination of data, and indirect loss or consequential damages. Furthermore, OB does not have product liability beyond the rules of the Product Liability Act. OB is not liable for damages and losses resulting from technical errors, including breakdowns or lack of access to OB’s and OB’s suppliers’ servers, data damage due to communication problems in the technical systems, power supply failures, or telecommunication system failures. OB is not responsible for breakdowns or impacts on information on the website due to force majeure events including war, riots, strikes, lockouts, blockades, seizures, fire, theft, extraordinary natural conditions, pandemic/epidemic, or similar events. OB’s total liability to the Buyer is limited to an amount corresponding to the total nominal value of the contract. OB is not responsible for ensuring that the delivered product complies with legislation or standards unless otherwise agreed.
10 . Applicable Law and Jurisdiction
The agreement is subject to UAE law in all respects. Any dispute arising from the agreement shall be settled by a UAE court in the jurisdiction where OB is located.
