— Qumasys | Digital Marketing, Bali
Terms And Conditions
1 Contractual Agreement
1.1 A contract for services from Qumasys comes into effect when Qumasys accepts the client’s application for the conclusion of a contract on the basis of these terms and conditions.
1.2 The basis for the provision of the service is the payment for a specific service by the client, and not sending the completed subscription form for a specific offer.
1.3 Terms and conditions of the client and/or special agreements of the following shall only take precedence if they are contained in the product description or have been included in the contract in writing.
1.4 In the case of continuing obligations, Qumasys reserves the right to terminate an existing agreement with a reasonable period of notice.
1.5 Qumasys is not liable for delays or other damages if the reason for this is a lack of cooperation or a lack of information on the part of the client, his employees or other subcontractors commissioned by him.
2 Scope of Services
2.1 The scope of Qumasys’s services results
2.1.1 from the product description/price list current at the time the contract is concluded. This can be requested from Qumasys or accessed electronically, for example via the Internet, or
2.1.2 from other written service descriptions (custom option).
2.2 Qumasys is entitled to freely expand the services within the scope of what is customary in the trade, to make improvements and is also entitled to change or redefine services, provided that this does not result in any significant loss of performance for the client.
2.3 Price changes are deemed to have been approved if no objection is made to the corresponding notification within 4 weeks.
2.4 Insofar as Qumasys provides free services and benefits (complimentary services), these extend over a maximum period of one week.
2.5 Qumasys is entitled to have contractual (partial) services performed by third parties.
3 Termination of Contract
3.1 The contractual relationship can be terminated by both contractual partners at the end of a monthly period.
3.2 The termination must reach the recipient of the termination in good time, i.e. 5 calendar days before the end of a monthly period.
3.3 All other contractual relationships between the contracting parties remain unaffected by the termination of the contractual relationship for a service.
4 Payment terms
4.1 Recurring Services
4.1.1 Recurring services are billed monthly. Qumasys can make invoices to the client due at a time that can be determined according to the calendar, which is at least ten days after the invoice date. A further reminder to give notice of default is not required.
4.1.2 In the case of continuing obligations, service fees are to be paid in full for the rest of the month, beginning with the month in which the service is provided. Qumasys then has the option of terminating the contractual relationship.
4.2.1 Time and material based
18.104.22.168 If the agreed service is a project (or part of a project) that is calculated according to the expenses incurred (time and material), the service regulations under point 4.1 apply.
4.2.2. Fixed price
22.214.171.124 If the agreed service is a project with a calculated fixed price and based on a detailed specification, 50% of the agreed price is due as a down payment immediately after Qumasys has started the project activities. The final payment is due after the project has been commissioned (status: in production). With the final payment, the client declares the technical acceptance of the project. Subsequent change requests by the client that were not part of the underlying specification are associated with a renewed cost calculation and separate billing.
4.3 Objections to Qumasys’s payroll statements must be raised immediately upon receipt of the invoice, but no later than 4 weeks after the statement or invoice date, without affecting the due date. The omission of timely objections is considered approval.
5 Late payment
5.1 If the client is in arrears with payment, Qumasys is entitled to refuse the provision of further services – possibly also from other contracts – without prejudice to the client’s obligation to pay its payment obligations.
5.2 If the client has given a direct debit authorization, he undertakes to notify Qumasys of any change to his bank details immediately.
5.3 If the client is in arrears with the payment of the monthly payments for two consecutive months, Qumasys can terminate the contractual relationship without observing a notice period.
6 Secrecy, Confidentiality, Data Protection
6.1 The client is hereby informed in accordance with applicable data protection laws and guidelines that Qumasys processes the data it has transmitted in machine-readable form and for tasks arising from the contract by machine.
6.2 Qumasys undertakes to keep secret all information and documents accessible in connection with the conclusion of the contract that are designated as confidential or that are clearly recognizable as business or trade secrets of the client under other circumstances and these – unless necessary to achieve the purpose of the contract – not to be recorded, passed on or exploited.
6.3 Qumasys has ensured through suitable contractual agreements with its employees and/or agents that they also refrain from any use, disclosure or unauthorized recording of such business and trade secrets.
6.4 Corresponding obligations apply to the client with regard to Qumasys’s business and trade secrets; this also applies in particular to the ideas and concepts brought to the attention of the development phase/collaboration.
6.5 The client agrees that personal data (inventory data) and other information relating to his usage behavior (connection data), such as the time, number and duration of the connections, access passwords, uploads and downloads, from Qumasys during the Stored for the duration of the contract insofar as this is necessary to fulfill the purpose of the contract. With the collection and storage, the client declares his consent. Qumasys also processes and uses the inventory data collected to advise its clients, for self-promotion and for market research for its own purposes and for the needs-based design of its services. The client can object to such use of his data. Qumasys will not forward this data to third parties without their consent. This does not apply insofar as the data is publicly accessible anyway or Qumasys is legally obliged to disclose such data to third parties, in particular criminal prosecution authorities, or insofar as internationally recognized technical standards provide for this and the client does not object.
7 Limitation of Liability
7.1 Claims for damages due to breaches of duty from contractual obligations and tort are excluded both against Qumasys and in relation to its vicarious agents, but only insofar as cardinal obligations are not affected and insofar as there is no intentional or grossly negligent action.
7.2 Qumasys is not liable for the information transmitted via its services, in particular not for its completeness, correctness or topicality, nor for the fact that it is free of third-party rights or that the sender is acting illegally by transmitting the information.
7.3 If a damage-causing event occurs on the transmission path of a third-party carrier, Qumasys assigns all claims resulting therefrom to the client, becoming free.
7.4 Delays in the provision of services and performance due to force majeure and due to events that make it significantly more difficult or impossible for Qumasys to provide the service Qumasys is not responsible for bindingly agreed deadlines and dates. These include in particular strikes, lockouts, official orders, the failure of communication networks and gateways of other operators, disruptions in the area of the services of third parties Carriers, even if they contact suppliers or subcontractors of Qumasys or their subcontractors, subcontractors or the operators of sub-node computers authorized by Qumasys. These entitle Qumasys, if necessary, to postpone the service for the duration of the delay plus a reasonable start-up time. Otherwise there is a case of impossibility.
7.5 Unless other provisions in these terms and conditions exclude liability, liability is excluded for damage caused by the use of Qumasys services through the transmission and storage of data, and for damage that arose because the required storage or transmission of data by Qumasys has not been made, the amount is limited to $750, unless there is intent or gross negligence.
7.6 Liability for damage caused by the use of services provided by Qumasys is limited to $750, unless intentional or grossly negligent action is involved.
7.7 The client is aware that due to maintenance, restructuring or other work on technical facilities, the scope of services may be temporarily limited or unavailable at short notice. As far as possible, Qumasys will endeavor, but cannot guarantee this, to implement such service restrictions at the time when, based on empirical values, the service is not regularly heavily used.
8 Exchange, Refund
8.1 Switching to another service is possible at any time. A reduction or reimbursement is not possible. This applies in particular when there are service failures due to a disruption that is outside Qumasys’s area of responsibility.
8.2 If a significant hindrance lasts longer than two weeks, the client is entitled to reduce the monthly fees accordingly from the time the hindrance occurs until the next termination date. A significant disability exists if
8.2.1 the client no longer receives any of the agreed services
8.2.2 the significant restriction or the provision of the agreed services arises without reasonable notification by Qumasys.
9.1 If there is a complaint from the client, Qumasys has the right to remedy the defect and/or to deliver a replacement.
9.2 Complaints must be reported to Qumasys immediately, at the latest within a period of one week from the provision of the service, but always in writing and with details of the circumstances and the effects. Otherwise the assertion is excluded.
10 Place of Jurisdiction and other General Conditions
10.1 For all disputes arising directly or indirectly from the contractual relationship, including checks and bills of exchange, the sole place of jurisdiction is the court district resulting from Qumasys registered office. However, Qumasys is also entitled to sue at the client’s registered office.
10.2 The client has to inform Qumasys within one month:
10.2.1 any change in the person of the client caused by inheritance or other universal succession,
10.2.2 in the case of non-incorporated commercial companies, communities of heirs, non-incorporated associations, partnerships under civil law or communities of clients, the addition or departure of persons,
10.2.3 any change in the name of the client or the designation under which he is listed in Qumasys ‘s operating documents,
10.2.4 and to indicate changes of address.
10.3 The place of fulfillment is Qumasys’s registered office. E-mails are considered delivered when they have been accepted by the addressee mail server. Messages and data are only encrypted or signed if expressly agreed in writing.
10.4 The client is only permitted to transfer rights and obligations from this contract with the written consent of Qumasys.
10.5 Within the scope of the Telecommunications Customer Protection Ordinance, any mandatory law takes precedence over any other provisions of these provisions. The Product Liability Act also remains unaffected, as do manufacturer guarantees.
10.6 As a rule, Qumasys only acts on the basis of its general terms and conditions. These conditions are deemed to have been accepted the first time you access the Qumasys network or use Qumasys’s services. Counter-confirmations by the user with reference to their terms and conditions of business or purchase are hereby contradicted. Agreements that deviate from the points specified here must be in writing.
10.7 The Qumasys offers apply. If the client asserts that deviations from official sources have been agreed, he must prove this in case of doubt.
Supplementary regulations for client-specific requirements and change requests to existing services (customization):
11 Performance of Services, Deadlines, Changes
11.1 The performance of the respective services (service phases) is based on the schedule set up for the realization of the project, otherwise at Qumasys’s discretion.
11.2 If Qumasys recognizes that the detailed technical specification is incorrect, incomplete, objectively not executable or not clear, Qumasys will inform the client of this immediately after becoming aware of it. The client will ensure that the detailed technical specifications are corrected and adjusted within a reasonable period of time. Delays or additional expenses due to defective or lacking detailed specifications or due to their adaptation shall be remunerated by the client to Qumasys separately. Any deadlines become invalid in the case of not entirely minor delays or additional work due to such deficits. The delays or the additional effort can be caused by analysis and processing effort with regard to the fine specification and its adjustment as well as additional work, rework and changes to the project itself or have this consequence.
11.3 All chargable services that are subsequently agreed are negotiated individually.
11.4 The client gives Qumasys a formal test order for changes or additional requests. Depending on the scope, the creation may be charged.
11.5 Qumasys will inform the client of the test result and – in the case of reasonableness – at the same time its conditions for implementation. The client will inform immediately whether he accepts this offer. In the event of rejection, the original scope of services remains.
11.6 If the detailed specification is found to be incorrect or a test order is placed, any fixed dates or deadlines that have been agreed may not apply.
11.7 Each of the service phases (also known as approval by the client) is accepted separately by the client. This applies in particular to milestones resulting from the project plan or comparable project sections. Qumasys is entitled to make further work dependent on partial acceptance.
11.8 Acceptance shall be deemed to have taken place tacitly if the services of the subsequent service phase are not objected to in writing immediately (i.e. after a reasonable inspection period). If individual complaints are found, Qumasys must be informed immediately in writing. If this does not happen, complaints can no longer be asserted later.
11.9 By accepting a service phase (i. e. project milestone), its result becomes the binding basis for further services.
12.1 In particular, the conventional telephone channels and the transmission of information via the Internet are considered communication channels. For transparent, expedient communication, the parties want to communicate regularly via e-mail. The parties only encrypt or sign electronic messages and data if expressly agreed in writing.
12.2 The exchange of archive data between the parties takes place via an agreed exchange medium.
12.3 The parties undertake to initiate mutual clarification measures immediately if there are any starting points for any disruptions in the delivery of e-mails.