1. Scope of Application
These General Terms and Conditions (GTC) apply to all contracts concluded between Hyepr Labs (hereinafter “Provider” or “we”) and our clients (hereinafter “Client” or “you”) via our services and products offered at hyeprlabs.com. Deviating conditions of the Client shall not be recognized unless the Provider expressly agrees to their validity in writing.
2. Conclusion of Contract
The presentation of services on our website does not represent a legally binding offer, but rather a non-binding online catalog. The contract is concluded when we accept your offer (e.g., your inquiry or order) by email confirmation or by performing the service.
3. Services and Obligations to Cooperate
The scope of contractual services results from the service description of the offer or contract. The Client undertakes to provide all cooperative acts necessary for the provision of the service in full and in good time. Delays attributable to a lack of cooperation from the Client do not fall within our area of responsibility.
4. Remuneration and Terms of Payment
Unless otherwise agreed, all prices are quoted net plus the applicable statutory value-added tax. Invoices are due without deduction within 14 days of invoicing. If the Client defaults on payment, we reserve the right to retain our services until payment has been made in full.
5. Rights of Use and Copyright
We grant the Client the rights of use to our work results required for the contractually intended purpose (essentially a simple and non-transferable right). The granting of rights is always subject to the condition precedent of full payment of the agreed remuneration. Source codes and working files remain with us unless expressly agreed otherwise.
6. Limitation of Liability
We bear unlimited liability for intent and gross negligence as well as in the event of injury to life, body and health. In the case of slight negligence, we are only liable for the breach of an essential contractual obligation (cardinal duty), the fulfillment of which is essential for the proper execution of the contract. Liability for slight negligence is limited to typical, foreseeable damage. Any further liability for damages – irrespective of the legal nature of the asserted claim – is excluded.
7. Confidentiality
Both parties undertake to treat strictly confidentially all confidential information of the other party obtained within the framework of the cooperation, even after termination of the contract, and not to disclose it to third parties.
8. Final Provisions
The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is our registered office (Berlin), provided the Client is a merchant, a legal entity under public law, or a special fund under public law.
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.