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General Terms and Conditions for the use of ArmorPitch

 

  1. Scope of application

ArmorPitch provides a service for the creation, design and optimisation of presentations, documents and other products (“design service”). This service is offered through the websites www.armorpitch.com for example. The following General terms and Conditions (“GTC”) apply between ArmorPitch GmbH and you (“customer”, “you”) in the version valid at the time of placement of the order.

  1. Contractual parties and object of contract

The design service comprises the creation and/or redesign of electronic presentation documents and/or other documents according to the specifications of the customer. To this end, various product packages are available to the customer. The type and scope of the design adjustments and other redesign work, as well as the file format, is specified by the customer through the booking options on one of the ArmorPitch websites.
Subsequent changes to the order description require the express confirmation of the respective contractual partner in order to be effective.
The respective performance is considered to be provision of services, subject to other agreements. It shall be considered to be a work contract only if all contractual performance serves to achieve a concrete outcome. This sort of performance agreement must be explicitly established.
In addition, ArmorPitch owes the customer services corresponding to the average industry type and quality.

  1. Availability of the design service

ArmorPitch makes the design service available in the agreed quality during business hours. Business hours are Monday to Friday from 9 am to 6 pm CET, with the exception of the maintenance window and statutory holidays. Maintenance may be carried out daily in each case between 12 midnight and 6 am CET, and as and when maintenance work is urgently required to safeguard operations (“maintenance window”). During business hours, the design service is available to the customer to 98 per cent per month (“agreed quality”). ArmorPitch constantly endeavours to extend operation times.

  1. Order processing

ArmorPitch is free in how it carries out the agreed individual contracts in terms of time and place.
ArmorPitch is entitled to employ sub-contractors in order to fulfil its contractual duties.
ArmorPitch owes the customer services corresponding to the average industry type and quality. ArmorPitch is entitled to cancel or terminate any individual order with immediate effect.

  1. Conclusion of the contract / of the user relationship

By clicking on the “Order design” button, the customer submits an offer to conclude a contract with ArmorPitch in accordance with these GTC. The contract is first entered into through confirmation of the order or through the commencement of the actual implementation of the design services by ArmorPitch.
Only legal entities or commercial users may utilise the design service.

  1. Obligations of the customer and revisions

The customer is obligated to provide the content for the presentation documents via the ArmorPitch website in the file format specified there.
The customer is obligated to inspect delivered work results immediately and to declare acceptance within 14 days in writing or with the help of the ArmorPitch platform. If no declaration of acceptance is made, ArmorPitch’s performance is deemed to be accepted upon expiry of this acceptance period.
If acceptance fails, the customer shall provide ArmorPitch via the ArmorPitch website with a list of all defects impeding acceptance. ArmorPitch must then provide a defect-free and acceptable version of the respective performance/ respective service by a reasonable deadline. In the context of the inspection subsequent to this, only the recorded defects shall be inspected to the extent that their function can be inspected in isolation depending on the object.
The customer may not refuse acceptance on the basis of insignificant defects. However, this is dependent on the immediate elimination of the defect by ArmorPitch. These defects must be listed individually in the acceptance protocol.
The customer is entitled to a maximum of two revision cycles. Any further revision cycles will be billed at 25% of the respective value of the order.
Communication between the customer and ArmorPitch shall be exclusively via the communication channels specified on the ArmorPitch websites.

  1. Legal obligations to cooperate

The customer must ensure that the content provided by him is free from the rights of third parties and that its publication does not violate applicable law in any way. Such content and its sources as are recommended or suggested to the customer by ArmorPitch in regard to the fulfilment of its duties are also included in the contents provided.
Should a third party assert claims against ArmorPitch for the infringement of rights or other legal violations, ArmorPitch shall inform the customer immediately. In this case, the customer is entitled to assume the defence and shall indemnify ArmorPitch from all claims and damages.

  1. Scope of transferred rights of use

ArmorPitch transfers to the customer the rights of use to its work results (hereinafter referred to as “copyrightable services”) that are necessary for the respective purpose of the performance in the scope of use, for the duration and in the geographical scope of application pursuant to the order specification. Unless otherwise agreed, simple right of use is transferred in each case.
The rights of use to the copyrightable services are first transferred upon full payment for these by the customer.
ArmorPitch is entitled to name the customer as a reference with a summary of the results achieved, subject to any confidentiality obligations or agreements to the contrary.

  1. Remuneration

For the provision of the design service, ArmorPitch receives remuneration in accordance with the booking option selected by the customer on the website or an individual offer made by ArmorPitch. 50% of the remuneration is due upon placement of the order, and the remaining 50% is due upon completion of the project. For this purpose, ArmorPitch is entitled to automatically charge a method of payment registered by the customer (e.g. credit card, PayPal, SEPA direct debit mandate) and, where necessary, to authorise a reasonable additional amount for further services. Other methods of payment may be agreed in writing between the contractual parties.
Unless otherwise expressly arranged, all stated amounts are net amounts, i.e. are subject to statutory VAT.
If the contract is terminated prematurely, ArmorPitch is entitled to the remuneration corresponding to the services provided up to the termination of the contract.

  1. Liability

ArmorPitch, its legal representatives and vicarious agents are liable for (i) intent and gross negligence, (ii) injury to life, limb or health, (iii) maliciously concealed defects, and (iv), in the case of the assumption of a guarantee, in accordance with the statutory provisions.
In the case of slight negligence, ArmorPitch is only liable for the breach of essential contractual obligations, limited to foreseeable damages typical of the contract. Essential contractual obligations are those obligations whose fulfilment is a prerequisite for enabling the proper execution of the contract in the first place and on whose fulfilment the end user can normally rely.
Liability pursuant to the Product Liability Act unaffected.
Otherwise, liability by ArmorPitch is excluded.

  1. Data protection

We collect, process and use your personal data in accordance with the applicable data protection provisions. For details, see our privacy policy.

  1. Final provisions

Unless otherwise agreed, the customer can submit all statements to ArmorPitch by email or by post to ArmorPitch:

64, Wright Court,
Seattle -United States
Email: help@armorpitch.com

These GTC apply exclusively to the relationship between ArmorPitch and the customer for all design services carried out via the ArmorPitch website. The inclusion of general terms and conditions of the customer is expressly rejected.
Should individual provisions of these GTC be invalid, this does not affect the validity of the remaining provisions. The contractual parties shall endeavour to find a provision that comes closest to the legal and economic goal of the contract to replace the invalid provision.
The customer can only offset claims by ArmorPitch with undisputed or legally established counterclaims.
US law shall apply.

Version: April 2019

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