Starting at €19 EUR per user per month
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The link|that Cube is a CTI middleware which integrates all communication channels into your Sales & Service Cloud. It consists of flexible interfaces for all PBX/ ACD systems and can be used with the SF Classic, Console and Lightning Experience.
1. Scope of the contract and validity
All orders and agreements are only legally binding if they are drawn up by the contractor in writing and in accordance with the company. They are binding only on the extent specified in the order confirmation. Purchasing conditions of the customer are hereby excluded for the subject legal transaction and the entire business relationship. Offers are generally not binding.
2. Performance and testing
2.1. The subject of an order can be:
- Development of organizational concepts
- Global and detailed analyzes
- Creation of individual programs
- Delivery of library (standard) programs
- Acquisition of usage rights for software products
- Acquisition of user authorizations
- Participation in commissioning (changeover support)
- Telephone consultation
- Program maintenance
- Creation of program carriers
- Other services
2.2. The preparation of individual organizational concepts and programs is carried out according to the nature and scope of the binding information, documents and tools provided by the customer. This also includes practical test data as well as test possibilities to a sufficient extent, which is made available by the client in a timely manner, in normal working hours and at his own expense. If the customer is already working on the system made available for the test in real operation, the customer is responsible for securing the real data.
2.3. The basis for the creation of individual programs is the written description of the services, which the contractor draws up against the cost calculation on the basis of the documents and information provided to him or makes the client available. This service description is to be checked by the client for correctness and completeness and provided with his approval. Any subsequent change requests may lead to separate deadlines and price agreements.
2.4. Individually created software or program adaptations require a program acceptance for the affected program package at the latest four weeks from delivery by the customer. This is confirmed in a protocol by the customer. (Check for correctness and completeness on the basis of the service description accepted by the contractor by means of the test data provided in section 2.2). If the customer passes the period of four weeks without a program acceptance, the software delivered with the end date of the specified period is deemed accepted. When using the software in real-time operation by the client, the software is considered as accepted. Any defects, which are deviations from the written description of the service, shall be reported by the client to the contractor with sufficient documentation, who will endeavor to rectify the problem as quickly as possible. If there are significant deficiencies reported in writing, ie that the real operation can not be started or continued, a new inspection is necessary after rectification of the defect. The client is not entitled to reject the acceptance of software due to insignificant defects.
2.5. When ordering library (standard) programs, the client confirms with the order the knowledge of the scope of services of the ordered programs.
2.6. If, in the course of the work, the execution of the order according to the description of the service is actually or legally impossible, the contractor is obliged to notify the customer immediately. If the client does not change the description of the performance or creates the prerequisite that an execution is possible, the contractor may refuse to execute the order. If the impossibility of execution is the result of a failure by the client or a subsequent modification of the service description by the client, the contractor is entitled to withdraw from the order. The costs and expenses incurred up to then for the activity of the contractor as well as any dismantling costs shall be replaced by the client.
2.7. The transmission of program carriers, documentation and performance descriptions shall be at the expense and risk of the client. In addition, training and declarations requested by the client are invoiced separately. Insurances are only made at the request of the client.
3. Prices, taxes and fees
3.1. All prices are in Euro without VAT. They apply only to this order. The prices quoted are from the place of business of the contractor. The cost of program carriers (e.g., CD's, magnetic tapes, magnetic disks, floppy disks, streamer tapes, magnetic tape cassettes, etc.) as well as any contract fees will be billed separately.
3.2. In the case of library (standard) programs, the list prices valid on the day of delivery apply. For all other services (organizational consulting, programming, training, conversion assistance, telephone consultation, etc.), the workload is charged at the rates valid on the day of service. Deviations from the time required for the contract price, which is not the responsibility of the contractor, will be calculated on the basis of an actual charge.
3.3. The costs for travel, day and overnight allowances shall be invoiced separately to the client at the rates valid in each case. Travel times are considered working hours.
4. Delivery date
4.1. The contractor shall endeavor to comply as closely as possible with the agreed dates of fulfillment (completion).
4.2. The intended fulfillment dates can only be fulfilled if the customer completes all necessary work and documents on the dates specified by the contractor, in particular the service description accepted by him in accordance with point 2.3. And complies with its obligation to cooperate to the extent required. Delays in delivery and cost increases resulting from incorrect, incomplete or subsequently amended information and / or provided documents are not the responsibility of the contractor and can not lead to the contractor's delay. The client is responsible for the additional costs.
4.3. In the case of orders that comprise several units or programs, the contractor is entitled to carry out partial deliveries or to subdivide partial deliveries.
5.1. The invoices invoiced by the contractor, including value-added tax, shall be payable no later than 14 days after invoice receipt without any deduction and free of charge. In the case of partial invoices, the payment terms laid down for the overall contract shall be analogous.
5.2. In the case of orders comprising several units (for example, programs and / or trainings, implementations in partial steps), the contractor is entitled to take account after delivery of each individual unit or service.
5.3. Compliance with the agreed payment dates constitutes an essential condition for the performance of the delivery or contract fulfillment by the contractor. Failure to comply with the agreed payments entitles the contractor to discontinue the ongoing work and to rescind the contract. All associated costs as well as loss of profit shall be borne by the customer. In the event of a delay in payment, interest on arrears will be charged at the bank's usual rate. In the event of non-compliance with two installments, the contractor shall be entitled to terminate the loss of the contract and to pay the agreed remedies.
5.4. The customer is not entitled to withhold payments due to incomplete total delivery, warranty or warranty claims or claims.
5.5. If the customer fails to provide his payment in accordance with the contract, the contractor shall pay interest or interest on arrears in the amount of 5% p.a. above the base rate. The contractor reserves the right to assert any higher damages that may have occurred.
6. Copyright and Use
6.1. All copyrights to the agreed services (programs, documentation, etc.) are attributable to the contractor or his licensors. The customer shall only be entitled to use the software after payment of the agreed remuneration exclusively for his own purposes, only for the hardware specified in the contract and to the extent of the number of licenses purchased for the concurrent use on several workstations. The present contract only provides for a usage permit. A distribution by the client is excluded according to the copyright law. The participation of the client in the production of the software does not confer any rights over the use defined in the present contract. Any breach of the copyrights of the contractor shall entail claims for damages, in which case full satisfaction shall be given.
6.2. The copying of copies for archive and data protection purposes is permitted to the client on the condition that the software does not contain an express prohibition of the licensor or third parties, and that all copyright and proprietary notices in these copies remain unchanged be transmitted.
6.3. If the disclosure of the interfaces is necessary for the production of interoperability of the software in question, the contractor is to commission the contractor to pay the costs. If the contractor fails to comply with this requirement and a decompilation according to the Copyright Act, the results shall only be used to establish interoperability. Abuse will result in damages.
7.1. In the event of the delivery of an agreed delivery time resulting from the sole fault or unlawful conduct of the contractor, the customer shall be entitled to withdraw from the relevant order by registered letter, even if the agreed performance is not provided in substantial parts within the reasonable period of grace not to blame.
7.2. Force majeure, work conflicts, natural catastrophes and transport locks as well as other circumstances beyond the control of the contractor release the contractor from the delivery obligation or allow him to re-establish the agreed delivery time.
7.3. Cancellations by the customer are only possible with the written consent of the contractor. If the contractor agrees to a cancellation, he has the right to charge a cancellation fee of 30% of the contract value of the entire project, which has not yet been billed, in addition to the services rendered and accrued costs.
8. Warranty, Maintenance, Modifications
8.1. Notification of defects is only valid if it concerns reproducible defects and if within 4 weeks after delivery of the agreed service or for individual software after program acceptance according to point 2.4. In writing. In the case of warranty, improvement shall take precedence over price reduction or conversion. In the case of justified complaints, the deficiencies will be remedied within a reasonable time, whereby the client allows the contractor to take all necessary measures to investigate and rectify the defects.
8.2. Corrections and additions, which are necessary until the delivery of the agreed service due to organizational and programming deficiencies, which are the responsibility of the contractor, are carried out free of charge by the contractor.
8.3. Costs for assistance, misdiagnosis and fault and fault rectification, which are to be repre- sented by the client as well as other corrections, changes and additions are carried out by the contractor for calculation. This also applies to the rectification of deficiencies, if program modifications, additions or other interventions have been made by the client itself or by a third party.
8.4. Furthermore, the contractor does not accept any abnormal operating conditions (in particular deviations from the installation and storage conditions) for errors, malfunctions or damage resulting from improper operation, modified operating system components, interfaces and parameters, use of unsuitable organizational devices and data media transport damage.
8.5. For programs that are subsequently altered by the customer's own programmers or third parties, no warranty is given by the contractor.
8.6. If the object of the order is to modify or supplement existing programs, the warranty refers to the amendment or amendment. The guarantee for the original program does not resurrect.
The contractor shall be liable for damages, as long as they are proven intentional or gross negligence, within the framework of the legal regulations. Liability for slight negligence is excluded. The replacement of consequential damages and property losses, unrealized savings, loss of interest and damages resulting from third-party claims against the contractor shall in all cases be excluded, to the extent permitted by law.
The contractual partners commit themselves to mutual loyalty. They will refrain from any recruitment or employment, even by third parties, by employees who have worked on the execution of the orders, to the other contract partner during the duration of the contract and 12 months after the termination of the contract. The contracting party violating the contract is obliged to pay flat-rate damages in the amount of one year's salary.
11. Data Protection, Secrecy
The contractor obliges his employees to comply with the provisions in accordance with the provisions of the data protection laws of the federal states or the regulations of the Federal Data Protection Act (BDSG).
Should individual provisions of this contract be or become invalid or ineffective, the remaining contents of this contract shall not be affected. The contract partners will cooperate in partnership to find a regulation that comes as close as possible to the invalid provisions.
13. Final provisions
Unless otherwise agreed, the legal provisions applicable between full-time merchants shall apply exclusively in accordance with German law, even if the order is executed abroad. In the case of possible disputes, only the local jurisdiction of the factually competent court for the place of business of the contractor is deemed to have been agreed upon. For the sale to consumers as defined by the Consumer Protection Act, the above provisions apply only to the extent that the Consumer Protection Act does not provide for other provisions.
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