Terms of Use (incl. Contract for Work)

Version 01.10.2017

 

This website is owned and operated by the company sb solutions Hendrik Schulte-Bahrenberg e.K.. Our office is located and officially registered in Sundernholz 29, 45134 Essen, Germany. Via our website wmexperts.online we provide consulting services by which our team delivers educational support with the objective to enable our customers to solve their SAP software related problems and requests on their own. Our service is focused on delivering knowledge rather than solving customers problems without directly involving them into the implementation process.

Within the following paragraphs we refer to our company by the terms “sb solutions”, “Contractor”, “we”, “us” or “our”. We will use the terms “user”, “Principal”, “you” or “member” which refer to any user or viewer of the site.

Your use of our site and our service constitutes your agreement to follow and be bound by the following Terms of Use (containing the Contract of Work), which – together with our Privacy Policy – govern the relationship between you and us. That also means by accessing our site and using our services, you also agree to the terms written in our Privacy Policy. Please do not use this site & service in case you do not agree with our Terms of Use or our Privacy Policy.

The content of these Terms of Use may be revised at any time. We will notify our active members via email 14 days prior to every change. By using this site after a change, you agree to be bound by all changes. The date (respectively current version) of this document is shown at the top of the page.

 

§ 1 Subject Matter of Contract

(1) The Principal mandates the Contractor with a consulting service related to SAP warehouse management products.

(2) Content and scope of the performance owed by the Contractor are described in the Solution-Concept which is attached to the request by the Contractor as a response to the Principal’s order.

(3) Once you create a request and approve our Solution-Concept (which is intended to solve your request/problem) you (as a company or as a trade conducting freelancer) conclude a contract with us. The following paragraphs describe the terms and conditions of this contract

(4) The Contractor has the right to engage subcontractors for the fulfillment of the contract.

§ 2 Remuneration

(1) For the provision of the consulting service the Contractor shall receive a fixed remuneration plus statutory V.A.T (V.A.T. may vary based on the principal’s billing address country). The amount for the remuneration is provided in € (Euro) as part of the Solution-Concept (which is attached to the request by the Contractor as a response to the Principal’s order).

(2) If the parties agree upon an additional performance which is not determined pursuant to § 1 para. 2, the Contractor is entitled to additional remuneration. This additional remuneration must be announced prior to the beginning of the exercise of the additional performance (and confirmed by the Principal by actively commenting or changing the request’s status).

§ 3 Delivery Dates

The Contractor shall observe the latest possible due date set by the Principal as part of the request. If a delay in delivery leads to damages or loss of profit, the Principal shall announce this in the request.

§ 4 Acceptance of the Completed Work

In case the service is delivered in compliance with the Solution-Concept, the acceptance of the completed work shall be accomplished by the Principal by actively changing the request’s status to ‘Approved’. This also means that the Principal is obliged to approve the request unless the solution is not in line with what has been agreed on in the Solution-Concept. The approval cannot be refused due to unessential deficiencies. Not approving the delivered service 14 days past handover is considered as the equivalent of approving the request actively.

§ 5 Payment

(1) The fixed remuneration pursuant to § 2 is due and payable on the day of the acceptance of the completed work pursuant to § 4.

(2) Invoices are due upon receipt without deduction. The payments by the Principal shall be performed within 14 days from the receipt of the invoice. Prerequisite for each payment is that the contract is duly performed. For every week of overdue payments, we charge a contractual penalty of 5 percentage points above European base rate from the total price.

3) For requests exceeding a price threshold of 5000€ a milestone payment of 50% is due and payable once the milestone has been reached. The content of the milestone (explaining what service is to be delivered in order to reach the milestone) is explained in the Solution-Concept (which is attached to the request by the Contractor as a response to the Principal’s order). The performance of each milestone is to be proven by the Contractor. The payments on account do not constitute acceptance of performance and are subject to the reservation of the complete and due performance of the contract.

§ 8 Liability

Your use of any information from the site or services/suggestions/advices provided by our service desk (either as part of the requests or as part of written/spoken mail/chat/phone conversations) is at your own risk, for which we will not be liable and will not obtain any kind of warranty. Under no circumstance will sb solutions be liable for any loss or damage caused by your reliance on information obtained through the site or our service. This is also true for content, products or information from any other site for which we provide links allowing you to leave this site to access third-party material. sb solutions has no obligation to alter, update, or control the content on any of the linked sites. The solutions provided by our service desk, the blog-entries or any other content published on the site (or a linked site) may include inaccuracies or typographical errors. sb solutions specifically disclaims any liability for such inaccuracies or errors. That also means that we do not guarantee that the content on the site is complete, comprehensive and/or up-to-date. We do not commit ensuring to update the content on the site in case provided information is not accurate any more (e.g. due to changes on software/products of third parties).

This exclusion of liability does not apply to damages resulting from life threatening injury of the body or health, which have been caused by a willful or negligent breach of duty from us or a willful or negligent breach of duty of one of our legal representatives or assistants. It does also not apply to other damages, which have been caused by a willful or negligent breach of duty from us or a willful or grossly negligent breach of duty of one of our legal representatives or assistants.

§ 9 Confidentiality

The parties agree that all information disclosed between the parties in connection with performing this contract shall be treated confidentially. Details regarding data handling on the Contractor’s side can be found in the Privacy Policy.

§ 10 Intellectual Property

With respect to know-how, inventions and designs, that are individually developed for providing the requested consulting service, the Principal shall be entitled to all intellectual property rights and rights of use. Note that this is only true once the invoice has been completely settled by the Principal. Violations of intellectual property rights in this context rights will be subject to legal prosecution.

§ 11 Termination

The Principal is entitled to terminate the contract at any time before the completion of the work. In that case the Contractor is entitled to the agreed remuneration pursuant to § 2, whereas the amount of the saved expenses due to the termination of the contract as well as the amount of what the Contractor earns or maliciously refrains to earn by other use of his work force are to be deducted. Both parties have the right to terminate this contract for good cause.

§ 12 Miscellaneous

(1) This contract shall be governed by the laws of the Federal Republic of Germany (excluding the Convention on Contracts for the International Sale of Goods).

(2) Place of performance and exclusive place of jurisdiction for all disputes arising out of or in connection with the usage of our service or our website shall be the district courts located in Essen (NRW), Germany.

(3) The logos displayed on the site are sb solutions’ and other parties’ property. You are prohibited from using any marks without the written permission of sb solutions or such third party which may own the marks. The content located on the site which is not directly part of the solution provided to your request (including the Blog posts) is protected by copyright which means that you are prohibited from copying, distributing, displaying, publishing or selling any content available on or through the site for commercial or public purposes (note again that this does not refer to any solutions/documents provided to you via our service desk and approved by you for billing purpose).

If you believe that any content posted on the site infringes your own (or any other’s) copyrights, please notify us via email right away: contact@wmexperts.online

(4) We do not guarantee continuous, uninterrupted or secure access to our site and our service desk.

(5) The content of the pages of the site and any information are subject to change without notice. We will notify our users of any change related to the Terms of Use or Privacy Policy 14 days prior to the change being active.

(6) It is your exclusive obligation to maintain and control username and passwords for your membership account which also means that you are responsible for all activities (including misuse) that occur in connection with your username and password. In case of any unauthorized use of your username and password or any other breaches of security you agree to notify us immediately. We will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations. This exclusion of liability does not cover damages resulting from life threatening injury of the body or health, which have been caused by a willful or negligent breach of duty by us or a willful or negligent breach of duty by one of our legal representatives or assistants. It does also not cover other damages, which have been caused by a willful or grossly negligent breach of duty by us or a grossly willful or negligent breach of duty by one of our legal representatives or assistants.