Last updated: January 22, 2018
In addition to the applicable General Terms and Conditions of Use of VEONIO, the following provisions apply:
1. The Validity of the Provisions
VEONIO carries out all services exclusively on the basis of these terms and conditions and the terms and conditions stated on the website. This also applies to all future services. Deviating conditions require the written form and are valid only after written acknowledgment by VEONIO.
2. Contract Conclusion
Offers are always non-binding. Verbally agreed special conditions require a written agreement. The customer can accept offers by signing the contract by email with the electronic signature facilities provided by VEONIO or by a handwritten signature submitted by physical mail. All agreements are subject to the VEONIO order and delivery terms as well as terms and conditions of use.
Deadlines are to be stated or confirmed in writing. The contracting parties acknowledge the effectiveness and legal validity of continuous email correspondence.
4. The Obligation of an Order
For an order placed online, by order form or inquiry by email from the client to VEONIO, the customer is sent a confirmation by email. The content of the
confirmation has to be checked by the client and then signed. For this purpose, the customer can either select the electronic signature facilities provided by VEONIO for signing or print out the confirmation, then sign it in handwriting and, if necessary, stamp it with a company stamp before sending it to VEONIO by mail. With the electronic signature or dispatch of the written order confirmation by the client, the order becomes binding for the client, which means that for the provision of the agreed services, the price according to the offer has to be paid.
5. Order Procedure and Guarantee Agreement
Upon receipt of the written order confirmation from the customer, VEONIO shall commence work and render the agreed services within the pre-agreed timeframe. The edited texts or websites will be made available to the client for examination and acceptance. The client has the right to demand one-time modifications/improvements after inspecting the text processing or the first draft or may demand a second draft (in case of absolute failure of the first draft). Any additional change requests result in a billing of the extra costs incurred on an hourly basis subject to the current price list.
6. Handling of Change Requests
This offer is based on the information provided by the client. It cannot expressly be guaranteed that all information submitted has been correctly recorded or correctly understood by VEONIO. The offered services are therefore restricted to the services expressly agreed in the offer and fixed in writing. Should further services, which had not been transmitted or not correctly interpreted until the offer was made, become necessary during the course of the project, they would have to be charged separately and thus lead to additional costs.
7. Obligations and Liability of the Client
The client shows an active interest in a joint, rapid implementation of the project. The client, therefore, supports all VEONIO activities and provides information in a timely manner. The client is obliged to check the material possibly made available for graphic design on any copyright and copyright rights that may exist, and to obtain any necessary permissions for the use thereof. Any claims for copyright and copyright infringement shall be borne by the customer at the expense of the customer. Except for this are pictures and scripts, which VEONIO procured. Responsibility for any text content or other publications is borne by the customer alone. The customer shall indemnify VEONIO from all claims that third parties make due to a behavior for which the customer bears the responsibility or liability under the contract. The client shall bear the costs of any prosecution.
8. Maintenance, Updates, and Backup
VEONIO monitors the delivery of its services and the usability of the website(s) at appropriate intervals and will correct any malfunctions. As malfunctioning functionalities are considered problems such as bugs caused during the creation of the website, errors caused by updates, issues caused by the hosting provider. This does not include errors caused by the client and his / her users.
The remuneration for the services provided and the granting of the rights of use shall be based on the current price list or the fee(s) stated in the offer. Payment shall be made within the timeframe specified on the invoice. If a payment is not possible within the stipulated timeframe, the client shall immediately notify the contractor thereof.
10. Maturity of Remuneration, Acceptance
The customer shall immediately accept the service after VEONIO has delivered the service, declared the completion and/or a successful functional test has been carried out. The remuneration is due immediately after acceptance of the service rendered. A website/service is considered successfully delivered if the contractual service/website fulfills the requirements listed in the contract. VEONIO shall issue a corresponding invoice, which has to be paid without deduction within 15 days after the date of issue of the invoice.
a. The acceptance has to be carried out within a normal period (usually a maximum of one working week, i.e. 5 working days) and must not be refused for design and artistic reasons. Within the scope of the contract there is freedom of design. In the event that an acceptance has not been carried out by the client after a reminder by VEONIO even after a maximum of 10 working days after the design has been handed over, the design shall be considered as accepted and will be invoiced.
b. A non-acceptance of the complained correction or the second draft, in connection with an order withdrawal, does not release the client from his binding order, i.e., VEONIO retains the right to remuneration for work already begun / completed and the right to compensation for non-fulfilment.
c. In the event of a delay in payment longer than 30 days, VEONIO may charge a default interest of 8 percent above the respective base rate of the European Central Bank per annum or a minimum of 25 Euro, British Pound or US-Dollar, depending on the currency specified in the invoice. The assertion of a proven higher damage remains as unaffected as the entitlement of the client to prove a lower burden in individual cases.
11. Tutorials and Training
The required equipment (computer, Internet access, browser, Skype or Google Hangouts) must be made available by the client.
12. Terms of Payment
The agreed remuneration is payable without any deductions within 15 days after the date of issue of the invoice, in accordance with the current price list, individual written offers or special written agreements. The hourly rate of VEONIO is based on the current price list and is applicable for multi-user contracts, which go beyond the services owed by VEONIO in this contract. Any additional expenses incurred are to be borne by the customer. The prices are exclusive of the legally valid VAT, which is calculated according to the location of VEONIO.
13. Rights to Service(s) and Website(s)
The services rendered by VEONIO are limited to be exclusively used on the Internet. VEONIO hereby grants the client a non-exclusive right to use the provided image(s) and/or text material and/or website(s) provided for the duration of the contract. At the end of the contract, the client shall destroy or, if necessary, cancel any accesses, material and copies of the material, unless otherwise agreed in writing with VEONIO. At the request of VEONIO, the client shall confirm this in writing.
Contracts may only be terminated in writing at the earliest three months and no later than 30 days before the end of the term of the contract by letter or email. The date for the receipt of the cancellation applies, which must be confirmed immediately by VEONIO. If the client does not receive a confirmation of termination within 7 working days, it is the duty of the client to inquire at VEONIO after receipt of the termination. If the contract is not terminated or not terminated in time, the contract is automatically extended by 6 months.
15. Warranty and Defects
VEONIO undertakes everything to carry out the order with the greatest possible care. In the event of a defect or lacking performance, VEONIO commits itself to the contractually agreed services for free rework at its own option. In the case of failure of the improvement (e.g. in the case of impossibility), the customer cannot claim compensation for damages, except in the case of wilful intent or gross negligence, but only demand a reduction of the purchase price or in case of impossibility a cancellation of the purchase contract. We would like to point out that third-party programs (guestbooks, form-mailers etc.) used on the website can contain undetected security risks. VEONIO is not liable for damages caused by defects in third-party programs.
16. Limitations of Liability
All further claims, irrespective of the legal basis, are excluded, in particular to compensation for damages that are not caused by the performance itself, except in the case of intent or gross negligence. VEONIO shall only be liable in case of violation of ancillary or unauthorized acts in the event of intent or gross negligence.
The client agrees that VEONIO may use the graphics, websites, etc. provided to the client as a reference in their public galleries on the website or in other advertising media as proof of their work. A publication of the URL of the website of the client that has been provided by VEONIO is permitted. The client authorizes VEONIO to provide a link to its own website.
The conditions of use as defined on the VEONIO website are valid and can be found on http://www.veonio.com/terms-of-service
19. Place of Jurisdiction
Place of jurisdiction for all disputes arising from this contract is Valletta. The law of the Republic of Malta applies.
20. Final Provisions
Should any of these provisions be invalid, this shall not affect the validity of the remaining provisions. If possible, ineffective provisions shall be replaced by effective provisions, which largely achieve the intended economic purpose.