Terms and Conditions

1. ​Scope of Applicationn
All deliveries and services provided by Aponsi are subject exclusively to these Terms and Conditions.
Any deviating and/or supplementary agreements require the express consent of Aponsi in writing; this shall also apply to any waiver of the written form requirement. The parallel engagement of freelancers and partner companies within the scope of projects is permissible, provided that this does not impair the contractually agreed scope of services.
2. Delivery Times and Delay
Aponsi shall endeavour to meet agreed or stated delivery times.
If delivery times are exceeded by more than six weeks, the customer shall be entitled to set a grace period, indicating that acceptance of the purchased item will be refused upon expiry of such period. The grace period must be at least one month.
If no agreement on a new delivery date is reached after expiry of the grace period, the customer may withdraw from the contract in writing. In cases of slight negligence, liability for damages shall be limited to a maximum of 5% of the purchase price and shall only cover direct damages, excluding loss of profit or other indirect damages.
Any further claims by the customer, in particular claims for delivery, are excluded.

3. Transfer of Risk
The risk shall pass to the customer as soon as the goods have been handed over to the carrier and have left the warehouse.
This shall also apply if Aponsi has assumed the transport costs. Any complaints regarding transport damage must be asserted directly against the carrier within the applicable time limits.
For shipments sent by the customer to Aponsi, the customer shall bear all risks, in particular transport risk, until the goods arrive at VAKT® GmbH, Alte Poststrasse 1, 57629 Lochum, Germany.
4. Payment
All claims of Aponsi shall be due immediately and payable without deduction.
From the 30th day after the invoice date, Aponsi shall be entitled to charge default interest at a rate of 3% above the respective discount rate of the European Central Bank, unless Aponsi proves higher default interest or the purchaser proves a lower burden. Cheques shall only be accepted on account of payment.
Any associated charges shall be borne by the customer. Set-off shall only be permitted with undisputed or legally established claims.
The customer may only exercise a right of retention insofar as it arises from the same contractual relationship.
5. Complaints and Warranty
Complaints regarding scope of delivery, material defects, incorrect delivery and quantity deviations, insofar as they can be determined by reasonable inspection, must be asserted in writing without delay, but no later than one week after receipt of the goods. The warranty period shall be six months from receipt of the goods.
In the event of justified complaints, Aponsi shall deliver missing quantities and, at its discretion, exchange the goods, accept their return or grant a price reduction. If replacement delivery is also defective, the purchaser shall be entitled to rescission or reduction.
Warranty for devices is limited to rectification.
6. Retention of Title
The purchased item shall remain the property of VAKT® GmbH until all claims have been settled in full.
This shall also apply to subsequently arising claims, e.g. from repairs or other services. During the period of retention of title, the purchaser shall be entitled to possession and contractual use, provided that contractual obligations are met in due time. For computer programs, the purchaser shall generally be granted a simple, unlimited right of use as well as the right to create a backup copy, provided this does not conflict with licence terms. The customer is obliged to provide Aponsi with all information required for enforcement of rights.
7. Data Protection
Aponsi shall be entitled to collect, store and process the customer’s personal data required within the scope of the business relationship.
8. Severability Clause and Jurisdiction
The invalidity of individual provisions shall not affect the validity of the remaining provisions.
Any invalid provision shall be replaced by a provision that comes as close as possible to the economic intent of the invalid provision. Place of performance and jurisdiction for all contracts shall be Lochum, Germany. 

9. Engagement of Freelancers and Partners
9.1 Scope of Services  Freelancers and partners shall provide the agreed services in accordance with the project order, service description and agreed schedules. Any changes require written confirmation by Aponsi.
9.2 Monitoring: Aponsi shall monitor freelancers and partners based on agreed performance indicators (e.g. availability, time tracking, adherence to deadlines). Upon request, the customer shall receive reports on project progress.
9.3 Defects or Failure ​If the customer reports significant defects, delays or failures, Aponsi shall be informed without delay.
Aponsi shall, where possible, ensure replacement or remedial action within a reasonable period.
9.4 Liability for SLA Breaches ​Aponsi shall only be liable for damages caused intentionally or by gross negligence.
Liability for indirect damages, loss of profit or delays caused by freelancers or partners is excluded.
9.5​ Replacement Measures ​If a freelancer or partner permanently fails or does not perform in accordance with the contract, Aponsi may, at its discretion, provide a replacement or adjust the engagement accordingly.