(The following GTC contain also legal information about your rights according to long-distance transaction law and about electronic business transactions.)
These General Terms & Conditions (GTC) apply to all deliveries and services related to emilQ DAILY® and its branch, function and customer-related solutions such as myDAILY®ENTERPRISE, myDAILY®CAMPUS, myDAILY®AUTOMOTOVE, myDAILY®4WIND, myDAILY®HRM and further derivates. emilQ DAILY® is a cloud-based SaaS platform and brand of the Institute for Innovation & Improvement GmbH & Co. KG. All rights reserved.
2. Contracting party
All contracts are accomplished with the service provider:
Institute for Innovation & Improvement GmbH & Co. KG
T: +49 89 8 99 88 4 – 84
F: +49 89 8 99 88 4 – 86
VAT-ID according to § 27a German Value Added Tax Act: DE 307506189
3. Conclusion of contract
3.1 The service descriptions and prices are considered as nonobligatory incl. VAT. Applicable are the service descriptions and prices at the point of time of conclusion of the contract. The presentation of products on our website and in the SaaS configurator is not a legally binding offer for the conclusion of a contract, but solely an invitation to order.
4. Cancellation right for users
4.1 As far as you are a real person and conclude contracts for delivery of goods or services for predominately private purposes, you are free to make us of the cancellation right for users described below.
4.2 If you are on the contrary an entrepreneur in the legal sense according to § 14 German Civil Code and act within commercial or independent activities, the cancellation right does not apply.
4.3 Cancellation policy
4.4 Expiration of cancellation rights
For contracts for digital content which is not supplied on a tangible medium, the right of withdrawal extinguishes, if the supplier has started the execution of the contract, after the user has particularly agreed that the contractor for the execution of the contract will begin before the end of the withdrawal period, and the user has confirmed, that he loses his right of withdrawal by its agreement with the beginning of the execution of the agreement. Should the contract be downloaded or streamed, the customer waives with execution of the download or streaming process before the end of the withdrawal period on the right of withdrawal.
4.5 Cancellation form
Prices described on the product pages, if not described differently, refer to one piece or one article. They are expressed in Euros, are the total price and include VAT as applicable, and any other price components, but in addition optional shipping costs.
6. Shipping costs
6.1 No shipping costs apply for the online delivery of goods or services e.g. like software provided via e-mail, download or online access (SaaS).
6.2 Klickandpay collects for payment by klickandpay (Mastercard/VISA), a processing fee of 2.45% + EUR 0.30 on the payment amount for Euro payments. This klickandpay handling fee can be passed on directly to our customers by being added to the total invoice amount.
6.3 Additional taxes, custom duties and fees
No additional taxes, duties or costs occure for deliveries to EU countries.
Deliveries to non-EU countries may be subject to additional duties and fees. See examples below:
Concerning import sales tax:
Specifically for Switzerland:
7. Delivery, data storage and backups
7.1 The delivery of our software products and services is regularely worldwide provided as SaaS (Software-as-aService).
7.2 Period of delivery
Online delivered products are usually available within 48 hours. Individually configured customer systems are excepted from this regulation and are provided according to agreement.
7.3 Data storage and backups
The SaaS data storage takes place in cooperation with one of the Institute's authorised hosting partners. Data backups take place according to the so-called Round Robin Schedule (daily, weekly and monthly).
8.1 As payment methods, we offer the use of the Internet payment service klikandpay, which includes the possibility of payment methods such as MasterCard and VISA. In addition, there is the possibility of payment of project, configuration and customisation services in accordance with the SEPA direct debit procedure. Software license fees are solely debited by SEPA direct debit procedure. In case of annual license subscriptions (15% discount compared to monthy subscriptions) this takes place in advance on the first working day of the particular 12-month-licence period (+/- five working days). In case of monthly license subscriptions the SEPA direct debit procedure takes place in advance on the first working day of the month (+/- five working days). In the case of project, consultancy or other services, there is also the option of payment on invoice within 7 days after reception. Other payment methods are not accepted. Project services with extend over a longer period of time are billed monthly according to expenditure. User-induced manual intervention in the automated payment process (recurring entries due to insufficient account coverage, etc.) will be charged with 15, - EUR plus any additional costs incurred by third parties (bank charges, etc.).
8.2 By selecting the payment through klickandpay, you will be redirected to the SSL encrypted klickandpay website. Here follow the prompts to make your payment by Mastercard or VISA. During the course of the payment of your order via klickandpay, you will be constantly informed by status messages. When using the Internet payment service klickandpay you initiate an immediate charge to your credit card account. The exact time of exposure of your account depends on both the internal processing time of the Internet payment service klickandpay, and the handling time of your bank or credit institution. We have no influence on either.
8.3 SaaS-related goods and services are delivered after full licence/service payment (value date of the payment amount to our account) through online access. Non-terminated Saas subscriptions (see also 13. Termination) are getting prolonged automatically for the same time as its booked duration (monthly or yearly).
8.4 Upgrades/Downgrades: Current SaaS subscription services/user licenses (web apps, SMART add-ons, number of users etc.) can be extended/upgraded at any time, according to the given user slots (10, 25, 50, 100, 250, 500...) in the myDAILY®CONFIGURATOR. In the case of monthly subscriptions, SaaS services can be reduced from the following month with a lead time of one full month. In the case of yearly subscriptions (15% discount compared to monthly subscriptions), SaaS services can be reduced from the following year (12-month service intervall) with a lead time of three full months to the end of the 12-month service/subscription intervall. User overdrafts enable flawless execution. The peak amount of addtional users per month is extra charged in the following month based on the currently contracted price per user plus an additional administration fee of 5 euros per invoice.
8.5 If you fall into arrears and you are a consumer according to § 13 German Civil Code, then you will be charged with an interest rate of 5 percentage points per annum above the base rate according to § 247 German Civil Code. If you fall into arrears and you are an entrepreneur in terms of § 14 German Civil Code, then you will be charged with an interest rate of 8 percentage points per annum above the base rate according to § 247 German Civil Code. In both cases we reserve the right to prove a bigger damage caused by delay and assert this.
8.6 Invoicing to entrepreneurs within the meaning of § 14 German Civil Code takes place by post at separate request. The customer who is a consumer in terms of § 13 German Civil Code declares that he agrees to electronic invoincing (e-mail). With electronic invoicing emilQ DAILY® will send the invoices in PDF format by e-mail to the e-mail address of the customer. Electronic invoices are considered as delivered by entering the inbox of the email address, regardless of the date on which the customer actually obtains such messages. The customer expressly agrees that no bills will be sent to him in writing. If the customer still requests an invoice by post, emilQ DAILY® is entitled to apply an extra fee of EUR 2,50.
8.7 A right to set off is available only if your claims are legally established in court or are undisputed or acknowledged in writing by us.
8.8 You can exercise a lien only if the claims are based on the same contractual relationship.
9. Reservation of title
The goods remain our property until full payment. Before transfer of ownership, a pledge, security transfer, processing or transformation is not allowed without our agreement.
The warranty is subject to legal regulations. During the warranty period of two years from delivery, you have the legal right to remedy (at your option: removal of defects or replacement) and - if the legal requirements are fulfilled - the legal rights to reduction or cancellation as well as damages.
11.1 emilQ DAILY® excludes any liability for slightly negligent breaches of duty, unless damages are affected from injury to life, limb or health or guarantees or claims under the Product Liability Act. This shall not affect the liability for breach of duties during the fulfillment of the execution of the contract and on whose compliance the customer may trust regularly (so-called contractual obligations or cardinal obligations). The described above liability relief also applies to breaches of statutory and agents of emilQ DAILY®.
12. Final conditions
12.1 These Terms and Conditions (GTC) and the respective contract cover the entire agreement. Verbal agreements outside these Terms and Conditions and the respective contract have not been met. Oral side agreements, amendments, supplements, promises, assurances / quality guarantees and the like have not been agreed. Any contractual arrangement or amendment must be in writing. This also applies to a waiver of the written form requirement.
12.2 Place of fulfillment for all obligations of the contractual relationship between the parties is the headquarters of the Institute for Innovation & Improvement GmbH & Co. KG, unless the parties agree otherwise or write statutory provisions for a different place of performance for the obligations of emiLQ DAILY®.
12.3 Place of jurisdiction for all claims arising from difficulties caused by the contractual relationships between the parties, in particular concerning the conclusion, the execution or the termination of the contract, - unless the parties are merchants, legal persons under public law or public law special funds - is the seat of the Institute for Innovation & Improvement GmbH & Co. KG. The Institute for innovation & Improvement GmbH & Co. KG, however, may alternatively sue the contractor at his general place of jurisdiction or any other permissible place of jurisdiction. This does not apply if mandatory legal provisions prescribe another place of jurisdiction.
12.4 For claims of any kind and no matter of direction, the law of the Federal Republic of Germany shall solely apply under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (known as CISG). This also applies to cross-border traffic. This does not apply if and insofar prescribe mandatory legal provisions applying other law.
12.5 Should any of these Terms and Conditions and / or the respective contract for factual or legal reasons be completely or partially invalid, that will not affect the effectiveness of the other provisions. Instead of the invalid provision, the relevant statutory provisions shall apply. The same applies if during the execution of the contract a gap requiring supplementation of these Conditions and / or the respective contract becomes apparent.
12.6 As far as the system provides specific offers, forms or content in other languages than German, it is always solely the text of the German version of contracts, offers or conditions applicable. The same counts for translation mistakes in other languages than german. It is solely the german version applicable.
13.1 The contractual services by SaaS subsciptions can be terminated as follows:
Annual subscriptions (15% discount): with a notice period of 3 months to the 12-month-intervall (counted from the start date of SaaS operations/subscription).
Monthly subscriptions: with a notice period of one month to the end of the following month.
If not terminated, the SaaS subscription automatically renews by additional 12 months in case of annual subscriptions and by one month in case of monthly subscriptions.
13.2 Customer data (master and transaction data) will be archived for a further 5 years in the case of termination. Alternatively, all data can be transferred on customer request by means of a data carrier and deleted by the supplier.
Further information for remote business and E-commerce
Technical steps for contract finalisation
Acceptance and corrections to input mistakes
If you have found the desired item, you can add it by clicking the button [Add to cart] in the shopping cart and schedule it for purchase. You can check/view the content of the shopping cart at any time by clicking the cart button or icon. The products in the shopping cart can be removed at any time by clicking the button [Empty cart] or content can be modified. If you want to buy the products in your cart, click the button [Checkout]. After selecting the products you will be asked to register and create an account and enter your data. The mandatory information includes your following data: company name, legal representative, first name, last name, address, email, VAT ID and the following user information: username, password. In this way, you can log on for future purchases and visits with your username and password, and may make orders without having to re-enter your data. After registering you will receive an email with an activation link. You need to click n the link to activate your account. Then you can continue or cancel your order. Do you want to process your order, the next step is to choose your desired method of paymnent. After the selection of a payment method, an order page with all listed data and items is displayed, where you can check your entries again. By clicking the button [Order now] you finilize the checkout process. Instead, you can cancel the checkout process or edit the order data. Throughout the checkout process, you will receive further information.
Realisation of contract
You make a binding offer if you have gone through the online checkout process by entering the required information and by clicking on "Order now". Once you have placed your order, we will send you an e-mail confirming receipt of your order and its details (order confirmation). This order confirmation does not constitute acceptance of your offer, but is only to inform you that your order has reached us. The purchase contract is concluded when we accept your order either by sending an order confirmation via e-mail or deliver the goods to you.
Data storage and access
The contractual languages are English and German. In order to enable international use, English has also been applied as main system language of emilQ DAILY® (myDAILY®ENTERPRISE and myDAILY®CAMPUS).
Information about the essential characteristics of goods or services
Information refering to the essential characteristics of the goods or services can be found on the product descriptions pages.
Expiration of validity of tenders
Information on the validity of limited offers can also be obtained on our website.
Revision: 01 February 2019