+49 (0) 941 5848 4001 sales@ramgesoft.de

Legal terms and conditions

Headquarters Regensburg:
Ramge Software Distribution GmbH & Co. KG
In the business park A10
93059 Regensburg

Further location Billigheim / Ingenheim:
Ramge Software Distribution GmbH & Co. KG
Bergstr.7
76831 cheap home


District court Regensburg HRA 9358
Sales tax identification number: DE813939750
Tax ID / VAT ID: 24 / 200 / 0094 / 5

Personally liable partner: EAT Soft GmbH
Seat: Regensburg
District court Regensburg HRB 15280
Managing Director: Eva Toth, Andreas Toth


Limited partners:
Eva Toth (CEO & Marketing Director, HR)
Andreas Toth (CEO & Head of Technic)

Sparkasse Südliche Weinstrasse in Landau
Account number: 9803
Sort Code: 548 500 10
IBAN: DE41548500100000009803
Swift: SOLADES1SUW


General Terms and Conditions of Ramge Software Distribution GmbH & Co. KG

  1. Scope

1 These general terms and conditions of Ramge Software Distribution GmbH & Co. KG, in the business park A 10, 93059 Regensburg (hereinafter referred to as "RamgeSoft"), are the basis for all offers, contracts, deliveries and services that exist between RamgeSoft and its affiliates Customers in the range of services offered by RamgeSoft.

2 These general terms and conditions apply only to entrepreneurs in the sense of § 14 BGB.

3 At the latest with the acceptance of the offer, the countersigning of the contract, the access to the contract software, the acceptance of the achievement or the service provision of RamgeSoft these AGB apply as accepted by the customer.

4 Conflicting business or purchasing conditions of the customers are expressly contradicted. These are only recognized as far as their validity is expressly agreed in text form. Collateral agreements and additions to the contract are invalid, unless they have been confirmed in writing by RamgeSoft.

5 As far as in these terms and conditions of text form is mentioned, the form according to § 126b BGB meant (eg, fax or email), and can also be met by stricter form requirements (especially § 126 BGB writing). Is the written in the speech so the written form according to § 126 BGB meant.

6 For follow-up transactions with merchants and legal persons under public law, these general terms and conditions apply even if they are not explicitly and re-included in the contract in each case.

  1. Purchase of standard software

Insofar as the subject of the contract is the purchase of standard software (hereinafter "contract software"), the following provisions apply:

  • § 1 delivery of software and delivery delays

(1) If the sale of contractual software is agreed, RamgeSoft is the reseller or distributor of the contractual software. The subject of the contract is the sale of the current version of the contract software as a reseller or distributor of the manufacturer / licensor.

(2) RamgeSoft provides the customer with the contract software by providing the customer with access to the download area of ​​the manufacturer / licensor who provides the version of the contract software available at the time of the conclusion of the contract so that the customer can download the contract software independently can. In addition, in some cases, the sending of the access data and any necessary authorization key by the manufacturer or licensor or by RamgeSoft by email to the customer. The physical transfer of the software is replaced by the provision of access to the download area; In particular, the software is not transferred to the customer on a data medium (CD, DVD, USB stick, memory card, etc.).

(3) If the delivery is made by RamgeSoft, the delivery is subject to the correct and timely execution of the delivery by the manufacturer or licensor to RamgeSoft. RamgeSoft is not responsible for any resulting delays or cancellations unless it is responsible for them.

(4) Other services, in particular installation, customizing and modification of the contract software, or instruction, training and advice of the customer as well as the support and maintenance of the contract software, the delivery of new software versions (releases), updates or upgrades shall not be owed RamgeSoft, if not expressly agreed.

  • § 2 operating conditions, software versions and functionalities

(1) The manufacturer or licensor has defined certain conditions (conditions of use) for the use and operation of the contract software. The customer has to inform himself about the acquisition of the software and to comply with it.

(2) The version of the contractual software forming the subject matter of the contract as well as its functionalities result from the contract as well as from the product description of the manufacturer or licensor and the software manual available in electronic form. The descriptions contained therein or made by the distributor are based on statements of the manufacturer or licensor and serve to concretise the performance. However, they do not represent any guarantees or warranted characteristics. Statements made by RamgeSoft regarding product features of the software always refer exclusively to the current state of the software. RamgeSoft is not responsible for any extended or reduced functionality in later releases of the Software.

(3) The manufacturer reserves the right to change, extend or restrict the functionality of the contract software at any time, as well as to discontinue the production of the software as a whole. If a change occurs between the conclusion of the contract and delivery of the software and RamgeSoft is aware of this, RamgeSoft will inform the customer immediately. If the manufacturer discontinues the production of the contract software between conclusion of the contract and delivery, both parties are entitled to withdraw from the contract.

  • § 3 rights of use and property rights of third parties

(1) For the rights of use required for the use of the software, the acceptance of the license terms with the licensor by the customer is required, often in the form of a click-on license agreement. The same applies to EULAs of the manufacturer or licensor.

(2) The licensor is responsible for the observance of third-party property rights. In that regard, reference is made to the provision in the license terms.

(3) To the extent that the Licensor reserves the right to recall or modify the Software to prevent third party claims for alleged or demonstrable infringement of its intellectual property rights, RamgeSoft will promptly notify Customer of any recall or modification of the Software. In the event of a replacement of the software without replacement, the customer is entitled to withdraw from the contract. Claims for damages must be made by the customer directly to the licensor, claims for damages against RamgeSoft are excluded. Incidentally, the customer is obliged to use the modified version of the software provided by the manufacturer / licensor. Otherwise, the customer alone is responsible if third parties assert claims against the customer for infringement of their industrial property rights.

  • § 4 remuneration, terms of payment and retention of title

(1) The remuneration is agreed in a separate contract.

(2) At the latest with the procurement of the software, the customer will receive an invoice for the remuneration to be paid.

(3) RamgeSoft reserves the ownership of the agreement software until full payment of the purchase price.

(4) In addition, § 12 of these Terms applies.

  • § 5 warranty

(1) The parties agree that it is not possible to make software absolutely free of errors.

(2) Incidentally, § 13 of these Terms applies.

  • § 6 liability

(1) RamgeSoft is not liable for any infringement of third party intellectual property rights. Insofar, the customer is entitled to claims based on the license agreement against the licensor. In all other respects, RamgeSoft hereby assigns its claims to the customer for breach of third-party intellectual property rights against the Licensor.

(2) Furthermore, RamgeSoft is not liable for the applicability of the software or its usability for the purposes of the customer's business, lack of commercial success or lost profit.

(3) Incidentally, § 14 of these Terms applies.

III. Services

Insofar as the subject of the contract is the provision of services (eg consultancy, workshops and training), the following provisions apply:

  • § 7 benefits

(1) The nature of RamgeSoft's service to the customer and the customer's compensation are agreed in a separate contract.

(2) RamgeSoft is free to divide its working hours. However, it must coordinate with the customer for the purpose of cooperation between the parties and for meeting deadlines.

(3) RamgeSoft is entitled to reimbursement of any necessary expenses incurred in performing its business under this Agreement. Travel and accommodation costs are to be reimbursed by the customer to the usual extent (EUR, 0,35 per driven KM, or train 2 class, up to EUR 140, - per overnight stay in a 4 star hotel upon presentation of a receipt), if nothing other agreement between the parties.

  • § 8 contract duration and termination

(1) If the duration of employment is neither determined nor derived from the nature or purpose of the services, the contract will run indefinitely. In this case, the notice period is two months to the end of the month.

(2) The right to terminate without notice for cause remains unaffected.

(3) Any termination must be in writing.

  • § 9 rights to work results

(1) "Deliverables" are all works created by RamgeSoft's activities under this Agreement, including, but not limited to, documents, project outlines, presentations, and designs submitted to Customer in fulfillment of the Agreement.

(2) RamgeSoft grants the customer a simple right of use for the purely internal use in the customer's operation of the work results, which can be revoked at any time until full payment of the remuneration.

  1. services

Insofar as the subject of the contract is the production of a work within the meaning of § 631 BGB, the following provisions apply:

  • § 10 benefits

(1) The work to be created by RamgeSoft and the compensation by the customer are agreed in a separate contract. The work services to be provided can also be specified in a specification.

(2) Unless otherwise agreed, 50% of the agreed remuneration shall become due upon conclusion of the contract. RamgeSoft may make the execution of the work dependent on the receipt of the due installment. The remainder of the remuneration will become due within 30 days after invoicing after the acceptance or the occurrence of the acceptance fiction has been declared.

(3) Incidentally, § 12 of these Terms applies.

  • § 11 acceptance

(1) If the work is produced according to the contract, acceptance by the customer will take place. After successful completion of the acceptance test, the customer must immediately declare the acceptance in writing. The acceptance test is considered to have been successfully carried out if the performance or partial performance meets the contractually stipulated requirements in all material respects.

(2) If Customer does not promptly declare acceptance, RamgeSoft may set a written deadline of one week to provide this statement. The acceptance shall be deemed to have taken place if the customer does not specify in writing the reasons for the refusal of acceptance within this period.

(3) The customer provides the prerequisites necessary for carrying out the acceptance test and described in the acceptance and test plan, in particular data, workstations, devices, etc.

(4) RamgeSoft is entitled to withhold services if the customer is in default of acceptance of services or partial services or payment of accepted services.

  1. Common rules
  • § 12 compensation, due date and terms of payment

1 All prices are net plus VAT at the applicable statutory rate.

2 RamgeSoft may, in its sole discretion, make the provision of services contingent upon payment in advance. RamgeSoft may in any case demand advance payment if the customer's location is not in Germany.

3 The customer pays, subject to a deviating individual contractual regulation, the services of RamgeSoft at the latest 30 days after invoicing.

4 Irrespective of the subject matter of the agreement, claims of RamgeSoft may be settled by bank transfer to RamgeSoft's business account, by payment via PayPal or credit card stating the respective order or invoice number or by handing over a check drawn on a domestic bank. Other payment methods, in particular bills of exchange, goods, credits or assignment of claims to third parties are not accepted. Any fees incurred for the chosen method of payment (eg credit card fees) are paid by the customer.

5 Decisive for a timely payment is the value date on the business account of RamgeSoft.

6 Default interest is due at the statutory rate. The right to assert further damages remains unaffected.

7 The customer can only set off claims that have been recognized by RamgeSoft or have been legally established.

8 Place of performance for RamgeSoft is, subject to a deviating individual contractual regulation, the place of business in Regensburg.

  • § 13 warranty and manufacturer's warranties

(1) The customer undertakes to lodge a complaint in writing in the form of a comprehensible description of the error symptoms, as far as possible proven by written records, hard copies or other documents illustrating the defects. The complaint should allow the reproduction of the error.

(2) In the case of obvious defects in the contract software, the customer is obliged to notify them in text form within 14 days after gaining access to the download area RamgeSoft. Hidden defects must be reported by the customer, who is also a merchant, to RamgeSoft immediately after discovery. If the customer has been granted a test period for testing the contract software, he must examine the contract software for obvious defects within this period. If the customer does not complain about these defects immediately or during the test period, the contract software is considered approved.

(3) With the exception of the cases in § 13 (2), the customer is entitled to the statutory warranty rights if the contract software is defective. The customer can request repair or replacement at his option. He has to grant RamgeSoft a reasonable period for subsequent performance. If the deadline is unsuccessful, the customer is entitled to further warranty rights.

(4) Warranty claims become time-barred within one year. The statute of limitations begins with providing access to the software or acceptance of the work.

(5) The warranty does not extend to defects, the cause of which is due to the customer, in particular application and operating errors, improper use, or force majeure.

(6) Manufacturers' warranties that go beyond the statutory warranty remain unaffected. The details can be found in the respective warranty certificates of the manufacturer.

  • § 14 Disclaimer

1 RamgeSoft is liable for intent and gross negligence. Furthermore, RamgeSoft shall be liable for the negligent breach of obligations whose fulfillment enables the proper execution of the contract in the first place, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the customer regularly trusts. In the latter case, however, RamgeSoft is not liable for unpredictable, non-contractual damage. RamgeSoft is not liable for slightly negligent breaches of other duties.

2 The above exclusions of liability do not apply to injury to life, limb and health. Liability under the Product Liability Act remains unaffected. Likewise, given guarantees remain unaffected by the disclaimers of § 14 (1).

(3) RamgeSoft is liable for the loss of data only up to the amount that would have accrued if the data were properly and regularly backed up.

(4) Further liability by RamgeSoft is excluded.

  • § 15 confidentiality

(1) "Confidential Information" means all information and documents of the other party that are identified as confidential or confidential in the circumstances, in particular information about operational procedures, business relationships and know-how.

(2) The parties agree to maintain secrecy about such confidential information. These obligations are not affected by termination of this contract. Both parties are obliged to return confidential information of the other party upon termination of this contract or to destroy it, if they have not been used properly.

(3) Excluded from this obligation are such confidential information,

(a) which were demonstrably already known to the recipient upon conclusion of the contract or subsequently disclosed by a third party, without prejudice to a confidentiality agreement, legal provisions or official orders;

(b) are publicly known at the time of the conclusion of the contract or subsequently made public, except in the event of breach of this Agreement;

(c) required to be disclosed by law or by order of a court or public authority. To the extent permitted and possible, the recipient required to disclose will inform the other party in advance and give them the opportunity to challenge the disclosure.

(4) This obligation does not apply to the handling of such confidential information as is required for compliance with commercial and tax obligations.

(5) The statutory provisions, in particular for the betrayal of business and trade secrets, remain unaffected.

  • § 16 final provisions

(1) RamgeSoft may use third parties as subcontractors for the provision of its services.

(2) Changes and additions to the contract must be made in writing. This also applies to the amendment and / or supplement of this clause.

(3) German law applies to this contract, excluding international private law and the UN Sales Convention. The contract language is German. If these GTC are also available in English, the German version of these GTC shall apply in the event of a dispute.

(4) Place of fulfillment for the obligations of these terms and conditions is Regensburg. The exclusive place of jurisdiction for all disputes arising from the contractual relationship is Regensburg, provided the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany.

(5) Should any provision of this agreement be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties shall endeavor to replace the ineffective provision with an appropriate, effective one that best meets the legal and commercial objective of the contract, otherwise the statutory provisions shall apply. This applies accordingly to any gaps in the contract.

Terms and Conditions Version 2.0

Regensburg, the 12.08.2016

General Terms and Conditions of Ramge Software Distribution GmbH & Co. KG

  1. Scope

1 These general terms and conditions of Ramge Software Distribution GmbH & Co. KG, in the business park A 10, 93059 Regensburg (hereinafter referred to as "RamgeSoft"), are the basis for all offers, contracts, deliveries and services that exist between RamgeSoft and its affiliates Customers in the range of services offered by RamgeSoft.

2 These general terms and conditions apply only to entrepreneurs in the sense of § 14 BGB.

3 At the latest with the acceptance of the offer, the countersigning of the contract, the access to the contract software, the acceptance of the achievement or the service provision of RamgeSoft these AGB apply as accepted by the customer.

4 Conflicting business or purchasing conditions of the customers are expressly contradicted. These are only recognized as far as their validity is expressly agreed in text form. Collateral agreements and additions to the contract are invalid, unless they have been confirmed in writing by RamgeSoft.

5 As far as in these terms and conditions of text form is mentioned, the form according to § 126b BGB meant (eg, fax or email), and can also be met by stricter form requirements (especially § 126 BGB writing). Is the written in the speech so the written form according to § 126 BGB meant.

6 For follow-up transactions with merchants and legal persons under public law, these general terms and conditions apply even if they are not explicitly and re-included in the contract in each case.

  1. Purchase of standard software

Insofar as the subject of the contract is the purchase of standard software (hereinafter "contract software"), the following provisions apply:

  • § 1 delivery of software and delivery delays

(1) If the sale of contractual software is agreed, RamgeSoft is the reseller or distributor of the contractual software. The subject of the contract is the sale of the current version of the contract software as a reseller or distributor of the manufacturer / licensor.

(2) RamgeSoft provides the customer with the contract software by providing the customer with access to the download area of ​​the manufacturer / licensor who provides the version of the contract software available at the time of the conclusion of the contract so that the customer can download the contract software independently can. In addition, in some cases, the sending of the access data and any necessary authorization key by the manufacturer or licensor or by RamgeSoft by email to the customer. The physical transfer of the software is replaced by the provision of access to the download area; In particular, the software is not transferred to the customer on a data medium (CD, DVD, USB stick, memory card, etc.).

(3) If the delivery is made by RamgeSoft, the delivery is subject to the correct and timely execution of the delivery by the manufacturer or licensor to RamgeSoft. RamgeSoft is not responsible for any resulting delays or cancellations unless it is responsible for them.

(4) Other services, in particular installation, customizing and modification of the contract software, or instruction, training and advice of the customer as well as the support and maintenance of the contract software, the delivery of new software versions (releases), updates or upgrades shall not be owed RamgeSoft, if not expressly agreed.

  • § 2 operating conditions, software versions and functionalities

(1) The manufacturer or licensor has defined certain conditions (conditions of use) for the use and operation of the contract software. The customer has to inform himself about the acquisition of the software and to comply with it.

(2) The version of the contractual software forming the subject matter of the contract as well as its functionalities result from the contract as well as from the product description of the manufacturer or licensor and the software manual available in electronic form. The descriptions contained therein or made by the distributor are based on statements of the manufacturer or licensor and serve to concretise the performance. However, they do not represent any guarantees or warranted characteristics. Statements made by RamgeSoft regarding product features of the software always refer exclusively to the current state of the software. RamgeSoft is not responsible for any extended or reduced functionality in later releases of the Software.

(3) The manufacturer reserves the right to change, extend or restrict the functionality of the contract software at any time, as well as to discontinue the production of the software as a whole. If a change occurs between the conclusion of the contract and delivery of the software and RamgeSoft is aware of this, RamgeSoft will inform the customer immediately. If the manufacturer discontinues the production of the contract software between conclusion of the contract and delivery, both parties are entitled to withdraw from the contract.

  • § 3 rights of use and property rights of third parties

(1) For the rights of use required for the use of the software, the acceptance of the license terms with the licensor by the customer is required, often in the form of a click-on license agreement. The same applies to EULAs of the manufacturer or licensor.

(2) The licensor is responsible for the observance of third-party property rights. In that regard, reference is made to the provision in the license terms.

(3) To the extent that the Licensor reserves the right to recall or modify the Software to prevent third party claims for alleged or demonstrable infringement of its intellectual property rights, RamgeSoft will promptly notify Customer of any recall or modification of the Software. In the event of a replacement of the software without replacement, the customer is entitled to withdraw from the contract. Claims for damages must be made by the customer directly to the licensor, claims for damages against RamgeSoft are excluded. Incidentally, the customer is obliged to use the modified version of the software provided by the manufacturer / licensor. Otherwise, the customer alone is responsible if third parties assert claims against the customer for infringement of their industrial property rights.

  • § 4 remuneration, terms of payment and retention of title

(1) The remuneration is agreed in a separate contract.

(2) At the latest with the procurement of the software, the customer will receive an invoice for the remuneration to be paid.

(3) RamgeSoft reserves the ownership of the agreement software until full payment of the purchase price.

(4) In addition, § 12 of these Terms applies.

  • § 5 warranty

(1) The parties agree that it is not possible to make software absolutely free of errors.

(2) Incidentally, § 13 of these Terms applies.

  • § 6 liability

(1) RamgeSoft is not liable for any infringement of third party intellectual property rights. Insofar, the customer is entitled to claims based on the license agreement against the licensor. In all other respects, RamgeSoft hereby assigns its claims to the customer for breach of third-party intellectual property rights against the Licensor.

(2) Furthermore, RamgeSoft is not liable for the applicability of the software or its usability for the purposes of the customer's business, lack of commercial success or lost profit.

(3) Incidentally, § 14 of these Terms applies.

III. Services

Insofar as the subject of the contract is the provision of services (eg consultancy, workshops and training), the following provisions apply:

  • § 7 benefits

(1) The nature of RamgeSoft's service to the customer and the customer's compensation are agreed in a separate contract.

(2) RamgeSoft is free to divide its working hours. However, it must coordinate with the customer for the purpose of cooperation between the parties and for meeting deadlines.

(3) RamgeSoft is entitled to reimbursement of any necessary expenses incurred in performing its business under this Agreement. Travel and accommodation costs are to be reimbursed by the customer to the usual extent (EUR, 0,35 per driven KM, or train 2 class, up to EUR 140, - per overnight stay in a 4 star hotel upon presentation of a receipt), if nothing other agreement between the parties.

  • § 8 contract duration and termination

(1) If the duration of employment is neither determined nor derived from the nature or purpose of the services, the contract will run indefinitely. In this case, the notice period is two months to the end of the month.

(2) The right to terminate without notice for cause remains unaffected.

(3) Any termination must be in writing.

  • § 9 rights to work results

(1) "Deliverables" are all works created by RamgeSoft's activities under this Agreement, including, but not limited to, documents, project outlines, presentations, and designs submitted to Customer in fulfillment of the Agreement.

(2) RamgeSoft grants the customer a simple right of use for the purely internal use in the customer's operation of the work results, which can be revoked at any time until full payment of the remuneration.

  1. services

Insofar as the subject of the contract is the production of a work within the meaning of § 631 BGB, the following provisions apply:

  • § 10 benefits

(1) The work to be created by RamgeSoft and the compensation by the customer are agreed in a separate contract. The work services to be provided can also be specified in a specification.

(2) Unless otherwise agreed, 50% of the agreed remuneration shall become due upon conclusion of the contract. RamgeSoft may make the execution of the work dependent on the receipt of the due installment. The remainder of the remuneration will become due within 30 days after invoicing after the acceptance or the occurrence of the acceptance fiction has been declared.

(3) Incidentally, § 12 of these Terms applies.

  • § 11 acceptance

(1) If the work is produced according to the contract, acceptance by the customer will take place. After successful completion of the acceptance test, the customer must immediately declare the acceptance in writing. The acceptance test is considered to have been successfully carried out if the performance or partial performance meets the contractually stipulated requirements in all material respects.

(2) If Customer does not promptly declare acceptance, RamgeSoft may set a written deadline of one week to provide this statement. The acceptance shall be deemed to have taken place if the customer does not specify in writing the reasons for the refusal of acceptance within this period.

(3) The customer provides the prerequisites necessary for carrying out the acceptance test and described in the acceptance and test plan, in particular data, workstations, devices, etc.

(4) RamgeSoft is entitled to withhold services if the customer is in default of acceptance of services or partial services or payment of accepted services.

  1. Common rules
  • § 12 compensation, due date and terms of payment

1 All prices are net plus VAT at the applicable statutory rate.

2 RamgeSoft may, in its sole discretion, make the provision of services contingent upon payment in advance. RamgeSoft may in any case demand advance payment if the customer's location is not in Germany.

3 The customer pays, subject to a deviating individual contractual regulation, the services of RamgeSoft at the latest 30 days after invoicing.

4 Irrespective of the subject matter of the agreement, claims of RamgeSoft may be settled by bank transfer to RamgeSoft's business account, by payment via PayPal or credit card stating the respective order or invoice number or by handing over a check drawn on a domestic bank. Other payment methods, in particular bills of exchange, goods, credits or assignment of claims to third parties are not accepted. Any fees incurred for the chosen method of payment (eg credit card fees) are paid by the customer.

5 Decisive for a timely payment is the value date on the business account of RamgeSoft.

6 Default interest is due at the statutory rate. The right to assert further damages remains unaffected.

7 The customer can only set off claims that have been recognized by RamgeSoft or have been legally established.

8 Place of performance for RamgeSoft is, subject to a deviating individual contractual regulation, the place of business in Regensburg.

  • § 13 warranty and manufacturer's warranties

(1) The customer undertakes to lodge a complaint in writing in the form of a comprehensible description of the error symptoms, as far as possible proven by written records, hard copies or other documents illustrating the defects. The complaint should allow the reproduction of the error.

(2) In the case of obvious defects in the contract software, the customer is obliged to notify them in text form within 14 days after gaining access to the download area RamgeSoft. Hidden defects must be reported by the customer, who is also a merchant, to RamgeSoft immediately after discovery. If the customer has been granted a test period for testing the contract software, he must examine the contract software for obvious defects within this period. If the customer does not complain about these defects immediately or during the test period, the contract software is considered approved.

(3) With the exception of the cases in § 13 (2), the customer is entitled to the statutory warranty rights if the contract software is defective. The customer can request repair or replacement at his option. He has to grant RamgeSoft a reasonable period for subsequent performance. If the deadline is unsuccessful, the customer is entitled to further warranty rights.

(4) Warranty claims become time-barred within one year. The statute of limitations begins with providing access to the software or acceptance of the work.

(5) The warranty does not extend to defects, the cause of which is due to the customer, in particular application and operating errors, improper use, or force majeure.

(6) Manufacturers' warranties that go beyond the statutory warranty remain unaffected. The details can be found in the respective warranty certificates of the manufacturer.

  • § 14 Disclaimer

1 RamgeSoft is liable for intent and gross negligence. Furthermore, RamgeSoft shall be liable for the negligent breach of obligations whose fulfillment enables the proper execution of the contract in the first place, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the customer regularly trusts. In the latter case, however, RamgeSoft is not liable for unpredictable, non-contractual damage. RamgeSoft is not liable for slightly negligent breaches of other duties.

2 The above exclusions of liability do not apply to injury to life, limb and health. Liability under the Product Liability Act remains unaffected. Likewise, given guarantees remain unaffected by the disclaimers of § 14 (1).

(3) RamgeSoft is liable for the loss of data only up to the amount that would have accrued if the data were properly and regularly backed up.

(4) Further liability by RamgeSoft is excluded.

  • § 15 confidentiality

(1) "Confidential Information" means all information and documents of the other party that are identified as confidential or confidential in the circumstances, in particular information about operational procedures, business relationships and know-how.

(2) The parties agree to maintain secrecy about such confidential information. These obligations are not affected by termination of this contract. Both parties are obliged to return confidential information of the other party upon termination of this contract or to destroy it, if they have not been used properly.

(3) Excluded from this obligation are such confidential information,

(a) which were demonstrably already known to the recipient upon conclusion of the contract or subsequently disclosed by a third party, without prejudice to a confidentiality agreement, legal provisions or official orders;

(b) are publicly known at the time of the conclusion of the contract or subsequently made public, except in the event of breach of this Agreement;

(c) required to be disclosed by law or by order of a court or public authority. To the extent permitted and possible, the recipient required to disclose will inform the other party in advance and give them the opportunity to challenge the disclosure.

(4) This obligation does not apply to the handling of such confidential information as is required for compliance with commercial and tax obligations.

(5) The statutory provisions, in particular for the betrayal of business and trade secrets, remain unaffected.

  • § 16 final provisions

(1) RamgeSoft may use third parties as subcontractors for the provision of its services.

(2) Changes and additions to the contract must be made in writing. This also applies to the amendment and / or supplement of this clause.

(3) German law applies to this contract, excluding international private law and the UN Sales Convention. The contract language is German. If these GTC are also available in English, the German version of these GTC shall apply in the event of a dispute.

(4) Place of fulfillment for the obligations of these terms and conditions is Regensburg. The exclusive place of jurisdiction for all disputes arising from the contractual relationship is Regensburg, provided the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany.

(5) Should any provision of this agreement be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties shall endeavor to replace the ineffective provision with an appropriate, effective one that best meets the legal and commercial objective of the contract, otherwise the statutory provisions shall apply. This applies accordingly to any gaps in the contract.

Terms and Conditions Version 2.0

Regensburg, the 12.08.2016

Contact

sales@ramgesoft.de

support@ramgesoft.de

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0049 - 941 - 58484022
0049 - 941 - 58484039

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