These Terms and Conditions apply to all clients of NEYD based in the European Union and the rest of the world. Please read these terms carefully before using our services.
1. Scope and Application
1.1 These terms and conditions apply exclusively to entrepreneurs and legal entities as defined by applicable laws. Any terms and conditions of the Client that conflict with or deviate from our terms and conditions shall only be recognized if NEYD expressly agrees to their validity in writing.
1.2 These Terms and Conditions shall apply to all future transactions with the Client, insofar as they are legal transactions of a related nature.
1.3 Individual agreements made with the Client in specific cases, including collateral agreements, supplements, and amendments, shall take precedence over these Terms and Conditions. A written confirmation is decisive for the content of such agreements.
1.4 The contractual language is English.
2. Agreement and Contract Formation
2.1 Each service to be provided by NEYD under this Agreement shall be described and agreed in detail in a separate written contract ("Individual Agreement").
2.2 The presentation of services on our website does not constitute a legally binding offer to the Client.
2.3 The Individual Agreement is concluded by offer and acceptance between the parties and is documented in text form.
3. Services and Remuneration
3.1 NEYD offers various services and service packages which are presented on the Website. The services are based on the contents and prices applicable at the time of contract conclusion.
3.2 The remuneration is determined by the conditions presented for the services and service packages.
3.3 NEYD reserves the right to make changes to services and remuneration regarding future agreements. Changes to already booked services entitle the Client to a special right of termination with one month's notice.
4. Professional Services
For professional services in various domains, the Client shall commission NEYD according to the specific services outlined in the Individual Project Agreement. These may include consulting, development, design, or other professional services as detailed in the respective agreement.
5. Confidentiality
5.1 NEYD shall treat all information, including business and trade secrets, which it receives from the Client confidentially and in accordance with applicable laws, unless such information is in the public domain or intended for publication.
5.2 The Client undertakes to treat all information provided by NEYD confidentially. Such information may not be disclosed to third parties without prior written consent.
6. Payments
6.1 Payment for services shall be made based on the invoices raised by NEYD and be due within 5 business days.
6.2 All payments shall be made in the agreed currency.
6.3 Payments are made exclusively to the account shown in the invoice. Payment shall be made electronically without cash.
6.4 The paying party bears all bank charges applicable to the payment so that the receiving party receives the full invoiced amount.
6.5 All prices are net plus the applicable value added tax, if required.
7. Term and Termination
7.1 Unless otherwise specified in the Individual Agreement, services shall be concluded for an indefinite period of time.
7.2 The right to extraordinary termination for good cause remains unaffected.
8. References
The Client agrees in principle to be named as a reference in the communication of NEYD. This consent may be revoked at any time.
9. Warranty
9.1 NEYD warrants that services will be performed with due care and professional skill.
9.2 The warranty is limited to damages caused by intentional or grossly negligent breach of duties.
9.3 In all other respects, the statutory provisions shall apply to the warranty.
10. Limitation on Liability
10.1 The statutory provisions shall apply to the liability of NEYD towards the Client.
10.2 The liability of NEYD and its legal representatives and vicarious agents is limited to intent and gross negligence. This limitation of liability does not apply to damages resulting from injury to life, body, or health.
10.3 The Client shall indemnify NEYD against all claims arising from a breach of the Client's warranties and obligations arising from this contract.
11. Final Provisions
11.1 Verbal subsidiary agreements and other amendments to the contractual agreements require written confirmation to be effective. This also applies to the waiver of the written form requirement.
11.2 Should individual provisions of this agreement be or become legally invalid or unenforceable, the remaining provisions shall not be affected. In place of the legally invalid or unenforceable provision, the statutory provision shall apply.
11.3 The place of performance and exclusive place of jurisdiction for all disputes arising from this contract is the registered office of NEYD unless otherwise stated in the order confirmation.
