The contents of this Web site, including but not limited to design and layout elements such as logos, graphics, sound or images, are the property of Procateo and protected by copyright laws. They may not be copied or imitated in whole or in part unless expressly permitted by Procateo.
Any material that is made available to download from Procateo's server is the copyrighted work of Procateo and/or its suppliers. Use of the material is subject to the Terms, Licenses and Notices (collectively, "Terms") delivered to you together with the material.
The material is made available for download exclusively for use in accordance with those Terms!
Any reproduction or redistribution of the material not in accordance with our Terms is expressly prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
Limitations on Data and Hyperlinks
Procateo will use reasonable efforts to include up-to-date and accurate information in this Web site, but makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the information provided. Procateo shall not be liable for any damages or injury resulting from your access to, or inability to access, this Web site, or from your reliance on any information provided at this Web site or at any Web site to which this Web site may post a hyperlink or reference.
Third Party Websites
SALES AND ORDER TERMS
All sales, supplies and services performed by Procateo KG ("Procateo" ) for you as customer ("Customer", or "you") are exclusively governed by the terms and conditions as laid out in these Sales And Delivery Terms ("Terms") if they are not altered through explicit agreement signed by both parties.
1. Offers And Quotations.
Any price quotations provided by Procateo to you shall be valid for the period stated in the quotation. If no time period is stated, then they shall be valid for 30 (thirty) days from the date of the offer.
2. Order Processing And Orders.
Orders are typically processed within 48 hours after receipt. Orders placed are not binding until accepted by Procateo, via email order confirmation or otherwise in writing.
Prices do not include charges for applicable taxes. Depending on your location Procateo may be obligated to collect taxes on the purchase price. All taxes shall be added to prices shown and you agree to pay same.
4. Charges And Payment Terms.
Invoices are due upon receipt of invoice and without deduction. Amounts are payable as specified on the invoice or the transaction document. You agree to pay accordingly, including any late payment fees like court and lawyers fees or administration costs. Any costs incurred because of delayed payment are charged to your account.
Deliveries in connection with our services will be delivered to you via Internet delivery at no cost for you. Title to the invoiced goods and licenses will only pass to you when full payment of the invoice is received by Procateo.
6. Supply And Services.
The conceptual formulation and description of task, documentation and target state shall be arranged in the written stipulations of the contractual parties. Where your collaboration is necessarily required you are obliged to support Procateo' efforts to fulfill its obligations.
7. Product License And Software Warranty.
Any reports, work or software ("material") delivered by Procateo to you or any material downloadable from Procateo' Web site is the copyrighted work of Procateo or one of its suppliers.
Any use of the material is subject to the related license terms and the material is made available to you exclusively for use in accordance with those terms.
8. Liability And Indemnification.
Procateo, its employees or its subcontractors, is liable for direct damages out of (deliberately or gross) negligence, limited to the equivalent value of the service provided. Any further liability is excluded.
Procateo accepts no liability for indirect and consequential damage or for any loss of profit or anticipated savings, or losses arising from delay of services, if no deadline has been agreed in writing, or from consulting not being related to the object of the agreement unless it has been especially agreed and recompensed.
Procateo shall not be liable for any failure of or delay in performance of orders or contracts directly or indirectly caused by fire, flood, accident, riot, war, labor trouble or strike, embargo, shortage of labor, material, fuel or power, lack of transportation, compliance with governmental requests, laws, orders, or regulations, damages due to force majeure, or any other causes beyond Procateo’s reasonable control.
Any claims for damages against Procateo shall be subject to the applicable statutory limitation periods.
The liability of Procateo exclusively pursues the paragraphs above. Any further claims not explicitly granted therein are excluded. Deviations thereof solely apply if after the applicable mandatory law the liability may not be excluded or limited.
Third party claims for damages cannot be forwarded against Procateo.
9. Title To Material. Non-Disclosure.
The material and all copies thereof are proprietary to Procateo or to one of its Suppliers and title thereto remains in Procateo and its suppliers, at all times. You agree that the material contains proprietary information, including trade secrets, know-how and confidential information (the “Confidential/ Proprietary Information”). Both Procateo and you understand and acknowledge that a confidential information has been developed or obtained by the investment of significant time, effort and expense, and that the confidential information is a valuable, special and unique asset and thus has to be protected from improper disclosure. Both parties agree to hold the confidential information in confidence during the term of any business relationship and for a period of five (5) years after termination of this business relationship and not to disclose it to any third person.
(a) You agree that - in conjunction with the business you have been doing with Procateo and in accordance with the law - your company and personal data will be saved and processed in the database of Procateo.
11. Miscellaneous Terms.
(a) These Terms are governed by the laws of Germany without regard to that or any other jurisdiction's choice of law rules. Place of jurisdiction is Wittlich, Germany. The parties agree that the United Nations Convention for the International Sale of Goods shall not apply in any way to the services contemplated herein.
(b) Waiver of any breach or failure to enforce any Section of these Terms shall not be deemed a waiver of any breach or right to enforce which may thereafter occur.
(c) All modifications or extensions of these Terms must be in writing signed by both parties.
(d) Any term herein found by a court of competent jurisdiction to be illegal or unenforceable shall be reformed automatically as necessary to cure the offending term, and the remainder that can be given effect shall be given effect.
(e) Customer agrees that these Terms are reasonable.
November 20, 2018