General Terms and Conditions (GTC) of ACCELARI GmbH
1. Scope of Application
1.1. These General Terms and Conditions apply exclusively to entrepreneurs, legal entities under public law, or special funds under public law as defined in § 310 paragraph 1 of the German Civil Code (BGB).
Civil Code (BGB)
ACCELARI GmbH does not accept any conditions of the customer that are contrary to or deviate from our General Terms and Conditions, unless expressly agreed to in writing by ACCELARI GmbH.
1.2. These General Terms and Conditions shall also apply to all similar future transactions with the customer.
2. Data Collection
2.1. The Customer shall provide all data necessary for the submission of Working Statements to the Indian Patent and Trademark Office. ACCELARI GmbH will perform a plausibility check of the data submitted, without guaranteeing its accuracy. The submission of Working Statements will be carried out based on the data provided.
2.2. The Customer shall inform ACCELARI GmbH of any changes to the data relevant for accurate submission. ACCELARI GmbH will promptly update the respective system with the data provided by the Customer.
In the context of the "FREE" and "STARTUP" packages, ACCELARI GmbH grants the customer the right to access data stored by ACCELARI GmbH through their user profile, as well as to obtain information on the respective processing status of these data and to monitor them. Upon selecting the "ADVANCED" package, ACCELARI GmbH commits to proactively inform the customer about the inclusion of data into the system as well as about the current status of these data.
3. Fees and Payment
3.1. All fees incurred in connection with the services provided by ACCELARI GmbH are as per the current cost preview with the respective net prices.
3.2. ACCELARI GmbH is not liable for any changes to the fees. The content of http://console.workingstatement.com/ is private and confidential. Only parties who have placed an order with ACCELARI GmbH are permitted to access this site and its content. ACCELARI GmbH reserves all rights and remedies in full against any unauthorized access.
3.3. In the case of outstanding payments from the client, ACCELARI GmbH reserves the right to refuse the payment of annual fees.
4. Payment
4.1. Unless otherwise agreed, invoices are due within thirty days from the date of the invoice. The date of payment is decisive for compliance with the payment period.
4.2. If the customer is in default of payment, ACCELARI GmbH will charge interest at a rate of 8 percentage points above the base interest rate, subject to further claims. If the customer is a consumer within the meaning of § 13 BGB (German Civil Code), ACCELARI GmbH will charge interest at a rate of 5 percentage points above the base interest rate as per § 247 BGB.
4.3. If the customer ceases payments or if bankruptcy proceedings are initiated, the total claim of ACCELARI GmbH becomes immediately due.
ACCELARI GmbH reserves the right to offset with counterclaims.
5. Liability
5.1. ACCELARI GmbH shall be liable according to statutory provisions for intent and gross negligence. However, claims for damages are limited to foreseeable, contractually typical damages. The same scope of liability applies to the fault of vicarious agents or representatives of ACCELARI GmbH.
5.2. In the event of data loss, the customer is obliged to fully support ACCELARI GmbH in the recovery of the data managed by ACCELARI GmbH for the customer.
5.3. ACCELARI GmbH is not liable for disruptions in third-party databases (such as authorities, etc.) that occur through no fault of ACCELARI GmbH, nor for the completeness and accuracy of the entries registered therein.
6. Miscellaneous
6.1. The customer agrees that ACCELARI GmbH requires the processing of data for the execution of the agreed services. The data processing will be conducted in compliance with the Federal Data Protection Act (BDSG). ACCELARI GmbH may transfer this data to its agents if necessary for the proper fulfillment of the contract and customer care.
6.2. Customers may only offset claims against our claims or assert a right of retention if their own claims are either undisputed or have been legally confirmed by a court.
6.3. The parties agree to treat all documents confidentially and not to disclose them to third parties. This applies to the operational and trade secrets of the other party obtained in connection with the execution of this contract, especially the content of this contract as well as all commercial and technical information received by the parties through the business relationship established by this contract. This does not apply to information that is lawfully public knowledge, already known to the receiving party, or becomes known through third parties.
6.4. Munich is the place of jurisdiction if the customer is a merchant, a legal entity of public law, or a special fund under public law.
6.5. All contractual relationships between ACCELARI GmbH and the customer are governed by German law. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention of April 11, 1980) does not apply.
