General Terms and Conditions
Version 07.11.2024
These Terms and Conditions, hereinafter referred to as the “Terms and Conditions”, describe how REVONEER GmbH (valid references: the “Website”, “we”, “us” or “our”) defines the terms and conditions when you visit www.revoneer.com (the “Website”), use our services or otherwise communicate with us regarding the Website (collectively, the “Services”). For purposes of these Terms, “you” and “your” refer to you as a user of the Services, whether you are a customer, website visitor, merchant or any other person whose information we have collected pursuant to the Privacy Policy.
Note: We ask for your understanding that we generally use the masculine form for the sake of simplicity, but of course this includes all genders.
Please read this policy carefully.
If you have any questions, suggestions or comments about REVONEER's General Terms and Conditions, please send an e-mail to info@revoneer.com.
Confidentiality
From the time of transmission of data, e.g. references, all information that REVONEER provides to USERS via the platform, by e-mail, verbally or in any other form is subject to confidentiality in accordance with § 4.
Confidentiality includes all information about PROJECTS and COOPERATION PARTNERS who work with REVONEER. No information may be passed on to third parties by USERS (including EMPLOYEES) or former USERS (including EMPLOYEES) without written permission from REVONEER. Any exceptions are marked as public, i.e. information that is accessible without a request. The confidentiality of REVONEER's internal processes also applies to COOPERATION PARTNERS.
Contractual relationship
The contractual relationship between REVONEER GmbH and the COOPERATION PARTNER, also referred to as the client, as well as any amendments or supplements thereto, are only effective if they are agreed in writing or text form. The waiver of all formal requirements also requires the written form.
The offers of REVONEER GmbH are, unless otherwise stated, subject to change and non-binding.
Data protection
Please read the data protection declaration, which also applies to the use of the REVONEER website and services and is binding. Further details on data protection are described in Section 5 (Transfer of image rights).
General Terms and Conditions (GTC)
§ 1 Scope of application
1. the General Terms and Conditions shall continue to apply to all present and future contracts between REVONEER GmbH as an engineering office and COOPERATION PARTNERS, also referred to as clients, in their capacity as entrepreneurs. Deviations from these conditions and in particular also conditions of the COOPERATION PARTNER shall only apply if they are expressly recognized and confirmed in writing by REVONEER GmbH.
2. verbal collateral agreements do not exist. Changes to these general terms and conditions must be made in writing.
3. we may update these terms and conditions from time to time, including to reflect changes in our practices or for other operational, legal or regulatory reasons. We will post the revised T&Cs on the Website, update the date in the “Last Updated” reference above and take any other steps required by law. When introducing the amended GTC, we are not obliged to explicitly inform you of the amendment, the objection period and the consequences of not raising an objection. The provisions in the current version apply each time a contract is concluded.
The contractual partner is REVONEER GmbH, Boschetsrieder Str. 69, 81379 Munich (hereinafter referred to as “service provider”, “we”, “us”).
Users of our website, offers and services, hereinafter referred to as USERS, may be interested parties, customers (companies or individuals, hereinafter also referred to as COOPERATION PARTNERS), applicants or other companies or natural persons.
4. by using the contact form provided by REVONEER on the website, registering for the NEWSLETTER or cooperating with REVONEER (valid for COOPERATION PARTNERS, interested parties or other CUSTOMERS of REVONEER GmbH), the individual parties agree to the GTC and take note of the information on the right of objection.
§ 2 Processing of a project
1. all data provided for the processing of the PROJECT must be handed over in full to REVONEER by the EMPLOYEE after completion of the respective PROJECT. All data on privately used computers and other digital or paper data relating to the completed PROJECT which have not been handed over to REVONEER (e.g. copies) must be destroyed.
2. the nature and scope of the agreed services for the COOPERATION PARTNER, also referred to as the client, result from the contract, power of attorney and these General Terms and Conditions.
3. the REVONEER GmbH will provide all services according to the state of the art and the written task. The content of the terms of reference, which are ultimately agreed by both contracting parties, shall be decisive.
4. upon request, REVONEER GmbH shall provide the COOPERATION PARTNER with information at any time on the status of the work, on expenses incurred or still to be expected and on the expected completion date.
5. the COOPERATION PARTNER names a project manager or contact person for the cooperation, who can make or bring about decisions that are recorded by him in writing. The project manager or contact person is available to REVONEER GmbH for necessary information and REVONEER GmbH will approach him immediately in case of questions.
6 REVONEER GmbH may call in other appropriately authorized persons to fulfill the contract and place orders with them and claim the costs incurred from the COOPERATION PARTNER, insofar as communicated in advance and recorded in writing. The COOPERATION PARTNER shall be given the opportunity to object to the assignment to a third party within 5 days.
7. the REVONEER-GmbH can implement tasks (unless otherwise expressly contractually agreed for a project / cooperation with a COOPERATION PARTNER) together with the development partner REVONEER India. In this regard, it is not necessary to explicitly inform COOPERATION PARTNERS. The other provisions of the GTC also apply to the implementation of (partial) work packages at REVONEER India.
8 REVONEER is not responsible for the correctness of the documents and information provided to REVONEER by the COOPERATION PARTNER for the purpose of order fulfillment. An obligation to check exists only insofar as REVONEER GmbH is aware of concrete factual indications of the questionability of the transmitted data or documents and information.
9 REVONEER GmbH may, within the scope of its general obligations, make use of expert assistants in the preparation of the provision of services. Site inspections may be left to qualified employees if the results of the site inspection can be transmitted completely and beyond doubt, so that the assessment of the facts for REVONEER GmbH is possible without restrictions and its own responsibility is maintained.
10. furthermore, REVONEER GmbH is entitled, at the expense of the customer, to carry out the necessary travel, site and object inspections and the necessary investigations and tests, to make inquiries, to make inquiries, to take photos, videos and drawings without the special consent of the COOPERATION PARTNER being required. However, if costs are incurred in this context that are clearly no longer in reasonable proportion to the purpose and value of the expert opinion, REVONEER GmbH must obtain the prior consent of the COOPERATION PARTNER.
11. for order processing, the COOPERATION PARTNER must ensure that REVONEER GmbH is provided with all information and documents required for the proper execution of the order free of charge and in good time. Furthermore, REVONEER GmbH must be informed immediately of relevant circumstances as well as changes and new findings that may affect the project processing.
12. the COOPERATION PARTNER must authorize REVONEER GmbH (also possible verbally) or, if necessary, authorize it in a separate document to obtain the information necessary for the reimbursement of the service from parties involved, authorities or third parties or to inspect documents and carry out investigations.
13. the COOPERATING PARTNER may not issue any instructions to REVONEER GmbH and the third parties assigned by REVONEER to work on the project that could falsify the actual findings, technical conclusions, evaluations or the result. Nevertheless, REVONEER GmbH must reject any instructions or requests issued.
14. the COOPERATION PARTNER is obliged to check the results submitted by REVONEER GmbH within 4 weeks and to examine them for any deviations from the order volume and defects. Complaints must be made in writing to REVONEER GmbH within this examination period. After expiry of this period, the result of the service is considered accepted.
15. claims for defects shall lapse if a service is modified, improperly installed, maintained, repaired or used in conjunction with third-party products by the COOPERATION PARTNER or third parties, unless the COOPERATION PARTNER proves that these circumstances are not the cause of the defect.
16. if the examination of a notice of defect shows that there is no defect, the costs of the examination or rework will be charged to the COOPERATION PARTNER.
17. in the event of defects and deviations from the order volume, which are reported in good time, REVONEER GmbH is obliged to provide immediate rectification at its own expense. The rectification must be carried out within a period to be set by the COOPERATION PARTNER. If the rectification fails twice, the COOPERATION PARTNER is entitled to withdraw from the contract and / or to claim damages. The amount of damages owed by REVONEER GmbH is limited to three times the amount of the invoice portion directly affected by the rectification, but no more than the amount of the share capital of the GmbH. Liability for further damages, in particular for consequential damages exceeding this amount, is expressly excluded.
18. claims for rescission and price reduction are excluded. A claim for damages caused by delay cannot be asserted within the deadline to be set by the COOPERATION PARTNER in the event of a defect, see point 18.
19 REVONEER shall be liable for damages caused intentionally or by gross negligence. In the case of simple negligence, REVONEER shall only be liable for the typically occurring, foreseeable damage and for damage resulting from injury to life, body and health. The amount of damage, insofar as it is not related to injury to life, limb or health, is limited to twice the order amount in each individual case, unless an insurance policy of REVONEER or a third party used provides higher compensation. In this case, the compensation is limited to the insurance benefit. Any further liability is excluded. Liability for loss of profit is excluded.
20. claims for damages by the COOPERATION PARTNER shall expire at the latest two years after the time at which the COOPERATION PARTNER becomes aware of the damage or, irrespective of this knowledge, at the latest three years after the time of the damaging event.
21 Liability for the loss of stored data is excluded.
22. if the COOPERATION PARTNER is in default of payment to REVONEER, REVONEER GmbH is entitled, after setting a reasonable deadline, to withdraw from the contract or to terminate the contract and to claim the damages incurred (e.g. loss of profit, wasted working time).
§ 4 Confidentiality
1. confidentiality for USERS begins with the creation of a USER ACCOUNT (here explicitly e.g.: granting of access for EMPLOYEES). This means that even before a PROJECT is accepted, the information made available to the USER, which is not to be found on the publicly accessible REVONEER site, is subject to confidentiality. This also applies to written, verbal or otherwise accessible information and extends to the internal information of REVONEER as well as all data provided by COOPERATION PARTNERS.
2. all confidentiality provisions are an integral part of every contract or EMPLOYEE. Confidentiality shall also apply to USERS prior to the conclusion of a contract.
3. the confidentiality also applies to COOPERATION PARTNERS as soon as they enter into a legally valid contract with REVONEER.
4. confidentiality extends indefinitely.
5. information that must be treated confidentially is:
I. Internal company processes and circumstances
II. the business premises or project environment and the persons, materials, software and hardware located there
III. technical and commercial matters of REVONEER and COOPERATION PARTNERS
IV. PROJECTS and their conditions and details
V. CUSTOMERS of REVONEER
6. USERS are obliged to maintain confidentiality towards third parties about all order descriptions of PROJECTS as well as about the data made accessible for processing. This information must be protected from access by third parties and all information may only be used with regard to the provision of services to REVONEER.
7. if there is a breach of the confidentiality agreements on the part of a USER, REVONEER reserves the right to assert claims for injunctive relief and damages.
8. if access to existing computer systems and/or networks or data connections is granted to USERS as part of the processing of PROJECTS or for other reasons, all actions that could impair the function of these systems and/or cause them to become inoperable must be refrained from. Once the correspondingly agreed work has been completed (e.g. after the end of a PROJECT), the USER shall have no claim to access to the systems. If his authorization is not automatically withdrawn and he is aware of this, he must inform REVONEER immediately. All systems and programs provided may only be used for contractual work.
9. EMPLOYEES and commissioned third parties undertake to hand over and make available the results of their work at any time at REVONEER's request, but at the latest by the corresponding milestones or deadlines for interim results independently via the agreed data transfer (e.g. on a specified drive). Copyright-protected data and work results from an activity for REVONEER are the exclusive property of REVONEER. After the end of the agreed activity or completion of the corresponding PROJECT, the exclusive right of use is transferred to REVONEER. All possible copyrights are compensated with the remuneration paid.
10. furthermore, the EMPLOYER or commissioned third party assures that all services provided by him for REVONEER do not contain any illegal content or are criminally relevant in any form. No personal rights, copyrights or other property rights of third parties may be violated with the content provided. If REVONEER incurs costs because third parties justifiably assert claims based on content provided by the EMPLOYEE or authorized third parties, the corresponding EMPLOYEE or authorized third party is obliged to reimburse the costs. If he is not responsible for the infringement, this regulation does not apply. REVONEER reserves the right to check the services provided by EMPLOYEES or commissioned third parties, in particular for copyright infringements, as part of quality assurance measures, but is not obliged to check all data provided for illegal content. The latter is subject to the duty of care of the EMPLOYEES or commissioned third parties.
11. complete protection of data against access by third parties cannot be guaranteed. There is no deliberate disclosure of data. REVONEER points out that security gaps can occur during data transmission, e.g. by e-mail.
§ 5 Transfer of image rights
1. if image or video material is generated as part of REVONEER events, the USER agrees to the publication of this material by participating. REVONEER reserves the right to use this on flyers, posters, Facebook or other advertising and press products (in print publications or in electronic form). By participating in such events, USERS expressly agree to this and waive any fees or claims. REVONEER must clearly identify such an event as such. The naming of names, on the other hand, is only permitted with the express consent of the USERS.
(2) REVONEER undertakes not to use any video and image material in a manner that damages its reputation or for the purposes of unauthorized or punishable acts.
3. the image material shall not be used for resale. There are no restrictions in terms of time, space or content.
4. an objection to the use is possible for USERS in writing (e.g. by e-mail to info@revoneer.com). This must be done at least 24 hours before the official start of an event, otherwise consent to the use of the video and image material will be assumed.
§ 6 Liability for content and links
1. the contents of the REVONEER website and platform have been created with the utmost care. However, no guarantee is given for the correctness, topicality and completeness of the content. If REVONEER is informed of a concrete infringement of the law by content on the website, REVONEER undertakes to remove it immediately.
2. under certain circumstances, links to external websites of third-party providers may be contained on the REVONEER website and platform. The respective provider or operator is responsible for the content of the linked pages. Linked pages are checked for illegal content at the time of linking; the content is not checked further. If REVONEER is informed of illegal content on linked pages, the links will be removed immediately.
§ 7 Copyright
1. all content and works created by REVONEER on the REVONEER website and platform are subject to German copyright law. Reproduction, editing, distribution and utilization of the content is not permitted without the express consent of REVONEER. Downloads and copies of the site are only permitted for private, non-commercial use.
2. the copyrights of third parties are respected when creating the content. In particular, third-party content is marked as such. If copyright infringements are detected, REVONEER must be informed. REVONEER will delete the content immediately after becoming aware of such a copyright infringement.
§ 8 Choice of law & place of jurisdiction
1. contractual relationships between REVONEER and USERS as well as COOPERATION PARTNERS are based on the law of the Federal Republic of Germany. Excluded from this choice of law are all mandatory consumer protection regulations of the country in which the COOPERATION PARTNER states its usual place of residence.
2. for all disputes arising from the contractual relationship between USER and REVONEER as well as COOPERATION PARTNERS and REVONEER, the place of jurisdiction shall be the registered office of REVONEER.
Customer service
If you have any questions, complaints or claims, please contact us. You can reach us during the stated business hours using the contact details provided (see “Contact”).
Miscellaneous:
If one or more provisions of these GTC are invalid, the remainder of the contract shall remain valid. If the provisions are invalid, the content of the contract shall be governed by the statutory provisions.