Date: May - 1st 2013
1. Scope of Application
For business relationships between iGotMyApp and the buyer are exclusively valid the general standard terms conditions (GTC), in the version which was valid in the moment of order.
iGotMyApp will not accept any different conditions on the part of the ordering party except if iGotMyApp has expressly consented to their applicability in writing.
iGotMyApp is the trade name for :
Marc Mühlenbrink / Christian Otten GBR
iGotMyApp (selling and marketing)
Our GTC will remain valid, even if iGotMyApp has knowledge of contrary terms on the part of the customer or such as deviate from our GTC, effect service without reservation. The general terms & conditions are also valid for all future business connections between the Contracting Parties. iGotMyApp is entitled to transfer the rights and obligations arising from this contract to a third party entering into the contract iGotMyApp´s place. I case of taking over of the contracts the customer will be entitled to terminate the contract without notice.
2. Conclusion of Contract; Contract periode, Contract prolongation
The customer's order for the creation of an App constitutes an inquiry for a conclusion of contract with iGotMyApp. After receipt of the order by iGotMyApp the customer will receive a confirmation by mail which will confirm the order – under reproduction of all the details of the order. The order confirmation does not represent an acceptance of the offer for the customer. A contract comes into effect only if iGotMyApp confirms in writing, by e-mail, the order of the customer. For component parts (for example for special request) which are not listed in the order acceptance no contract is concluded.
iGotMyApp is entitled to accept the conclusion of a contract request from the Client within a period of 14 days. If there is no minimum contract period agreed the contract will last for 12 months. The contract will automatically extend by one further year if the cancellation of the contract has not been done timely and properly.
In case of duration of contracts under 12 month or in case of contracts concluded for an indefinite period, the contract parties are entitled to terminate the contract with a notice period of 4 weeks to the end of the month. This also applies if the contract has been extended for a certain time.
3. Right of withdrawal within 14 days, exclusion of the revocation rights, Cancellation advice
You may cancel your order within 14 days in writing (letter or E-mail) without stating any reasons. The period begins after receipt of this communication (oder: notice). In order to safeguard the revocation period it is sufficient to send your cancellation notice within the mentioned period.
The revocation must be sent to adress:
Or by mail to : email@example.com
Please take notice of the withdrawal consequences:
In the event of effective cancellation any mutually received benefits must be refunded and possible benefits derived (e.g. interest) have to be returned.
Please note the following special information:
Your right of withdrawal expires prematurely if the contract is fulfilled by both parties at the customer's explicit request, before the customer has exercised his right of withdrawal.
End of the Cancellation advice.
Exclusion of the return right
The revocation does not apply to distance contracts for the delivery of goods
- which are produced according to customer specifications or clearly tailored to personal needs.
- or which are not suitable due to their condition for a return, or spoil quickly, or whose expiration date has passed .
The right of cancellation does not apply to Long Distance Sales Contracts
- for consignments of audio or video recordings or of software if the delivered data medium has been unsealed by the customer.
- for the delivery of newspapers, periodicals, and magazines.
The App will be created according to customer requirements and uploaded by iGotMyApp – Katrin Rein – it will be available for you in the iTunes Store. iGotMyApp will load the App in the iTunes Store through our developer account. Afterward the customer will receive a link to the App in the AppStore. The service of iGotMyApp ends with the provision of the App. This is particularly important for claims arising copyright infringements. With the upload at iTunes Store, the provision at the AppStore and with the download possibility to a third party the customer compensate the entitlement to benefits.
iGotMyApp guarantees an accessibility of its servers to 99% in the annual mean. Excluded from this are periods of web server downtime due to technical or other problems not within the control of iGotMyApp (e.g. force majeure, fault of third parties, internet access disruptions by network provider). iGotMyApp further has the right to limit the access to the services if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of grave/serious disturbances of the network, the software or the stored data should require such actions.
The customer is not entitled to damages for defaults if Apple or iTunes close the account of iGotMyApp and the App of the customer without any blame or if Apple or iTunes terminate the contract without no blame of iGotMyApp or the Customer.
Unless otherwise agreed the customer is not entitled to a certain volume of data transfer per month. In the case of excessive use iGotMyApp reserves the right to a temporarily block of the user's account and to unblock it again after consulting the customer.
5. Duties of the customer
The customer guarantees iGotMyApp that all data submitted by him are correct and complete.
The customer is obliged to inform immediately iGotMyApp about any changes of the data indicated and to reconfirm, on request of iGotMyApp, the accuracy within 14 days from receipt.
The customer has to retrieve the messages stored by iGotMyApp in the admin area at regular intervals not exceeding four weeks.
The customer has the obligation to keep the obtained passwords secret and to inform immediately iGotMyApp as soon as he becomes aware that unauthorized third parties know these passwords.
Should third parties receive access to services offered by iGotMyApp through the abuse of these passwords, due to fault of the customer, the customer is liable to iGotMyApp for all user fees and damages.
6. Cancellation, Maturity and Payment, Delay
If iGotMyApp is in delay with any delivery, the customer has the right to cancel the contract only if iGotMyApp does not respect an adequate period of grace given by you. The extension of time must be in writing. The written form can be replaced by electronic form if the customer adds his name to the declaration and the digital document and the customer has to sign it with a qualified electronic signature according to the German Law for signature.
The grace period must be at least two weeks.
If a Customer defaults on his payment, iGotMyApp is entitled to charge interest on arrears of 5 percentage points above the European Central Bank base interest announced. iGotMyApp specifically reserve the right to claim further losses caused by delay remains. Such a case has to be presented by iGotMyApp. The customer is at liberty to show that it incurred much lower claim to use damages.
If a third party makes a claim against iGotMyApp for existing or alleged infringement, iGotMyApp is authorized to put the App of the customer into care of the registrars and to lock the corresponding presence or to remove the app from the Appstore.
This does not affect the right of either party to terminate without notice. An important reason for iGotMyApp exists in particular if the customer :
is in delay of payment for more than 21 days does culpable violation of essential contractual obligations despite warning within an appropriate period of time has not modified the App in such a way that they meet the legal and contractual requirements. Infringements of a third parties are excluded.
The customer has the right of extraordinary cancellation in case of possible price increases with a notice period of 2 weeks at the point in time of the price adjustment.
Every termination needs to be in written form in order to take effect.
In case of a premature cancellation no reimbursement will be made, unless the notice of cancellation has been caused by iGotMyApp. This is also true for separable individual performances of the order.
In case that iGotMyApp is not able to upload the App of the customer in accordance with the provisions of iTunes, iGotMyApp is entitled to terminate extraordinarily the contract relating to these services with a 14 days period of notice to the month's end.
The cancellation period is 4 weeks to the end of each (Minimum) running time.
If the term of contractual relationship is undetermined, booth parties can terminate the contract by giving 30 days' notice to the end of the month.
All prices are net prices exclusive of the German VAT.
The prices are fixed prices.
iGotMyApp will add 19% of the value as tax (VAT). Exception are companies who are member of the European Community and owner of an sales tax identification number. This number will be controlled by iGotMyApp. iGotMyApp is entitled to adjust the prices maximum once at beginning of one accounting period. A price increase needs the approval of the costumer. The approval is given if the customer does not object to the price increase within 4 weeks after receipt of the notice of change.
In the notification of change, iGotMyApp commits to inform The costumer about the consequences of a defaulted disagreement. The customer has to pay the hosting charges and other fees in advance. The invoice will be placed in the admin area of the customer where it can be called up, but it will also be send by e-mail. Should the customer wish to receive an invoice by post, iGotMyApp is entitled to charge EUR 1.55 per letter (for EU, or corrisponding rate for all other countries).
For changing prices, charges or their components (e.g. an increase in VAT) during the billing period, will occur a separate invoice for the performance period from the beginning of the billing period till the time of change; and for the performance period from beginning of the time of change until the end of the billing period.
The customers payment has to be transferred on our bank account. Payments for (data) space rent and other regular maturing Packages are to be paid in advance for the period as specified in the contract. Changed prices and fees will be communicated by post or by mail 4 weeks before coming into effect. After filling in the contract confirmation from both parties iGotMyApp will load the App in the test area of the Appstore so the customer can control the App. iGotMyApp can upload it by publishing one iPhone-ID of the customer. In addition, the customer must independently enter data in the admin area of iGotMyApp and be able to do a full test of functionality of his App.
After the control of the customer comes the fee for setting up the iPhone app and the administration area with 100% of the total.
After a review of the apps by the customer and remittance of the amount, iGotMyApp will put/make the App available in the iTunes Store.
If the customer receive a software or tangible (oder: physical) objects for testing from iGotMyApp, these will remain property of iGotMyApp. The obtained App also remains property of iGotMyApp. After termination of the contract the customer has no right to delivery of the App (no source codes) on a data carrier ( CD or DVD) or by electronic transfer (e-mail).
9. Resonsibility for defects / liability
If the purchased item is defective, will be apply the legal provisions. The cession of these claims by the customer is excluded.
iGotMyApp is liable without limitations if the cause of the damage or loss is due to intent or gross negligence.
Furthermore iGotMyApp is liable for the negligent breach of essential duties, the breach which would endanger the contractual purpose or for violation of duties which enable the realization of the contract according to the rules and adherence to which you rely .
In this case iGotMyApp is only responsible for the foreseeable, contract specific typical damage. iGotMyApp is not liable for minor negligent breaches to obligations referred of others as in the above mentioned cases. The limitation of liability mentioned above does not apply in the event of death or injury of body or health, defect after assumption of a guarantee for the quality of the product, and in the event of maliciously concealed defects. Liability according to the product liability law remains unaffected.
As far as the liability of iGotMyApp is excluded or restricted, this also applies to the personal liability of employees, representatives and agents.
The liability of iGotMyApp for damages due to assured characteristics in cases of personal injury as well as obligatory legal instructions will remain unaffected.
In the scope of the telecommunications customer protection law (Telekommunikationskunden- schutzverordnung (TKV)) the liability regulation of § 7 paragraph 2 TKV remain unaffected.
iGotMyApp is not liable for consequential damages resulting after acceptance of the project through the use of the offered provision of services.
Complaints of any kind must be asserted in writing to iGotMyApp within 14 days after delivery of the work. After this deadline iGotMyApp can demand acceptance in writing for the work. The Customer assumes the responsibility for verification of the legal admissibility in words and pictures published on www and for submitted contents or parts of it for publication through iGotMyApp. In case of no verification, the customer is solely liable by what he published on the Internet or be injured iGotMyApp to publish data transferred rights, including copyrights of third parties. The customer must release iGotMyApp from any demands of third parties arising from such infringements (of rights). The customer exempt iGotMyApp especially from particularly claims from third-parties, if the result is that contents from the customer, to which he allows access through the App were added or been made accessible through the App for a third party.