Terms And Condition

Terms & Conditions

A. Provider and applicability

  • A.1. CLapptech Technologies Inc, 568 Rogers Rd, 2nd floor. York, Ontario M6M1B6 Canada, shall be the service provider and contracting party with regard to the Customer.
  • A.2. These Terms and Conditions shall apply to the contract conclusion itself and to all contractual relationships between CLapptech Technologies Incand its customers, regardless of the type and scope of services in the context of current and future commercial relationships.
  • A.3. The Customer may only transfer its rights and obligations from this agreement to a third party with the prior written consent of CLapptech Technologies Inc.
  • A.4. The Terms and Conditions of CLapptech Technologies Incshall apply exclusively. We herewith object to any deviating or additional terms and conditions of the Customer; they shall only apply if CLapptech Technologies Incgives its written consent to the same.
  • A.5. Where individual clauses of these Terms and Conditions are invalid in whole or in part this shall not affect the effectiveness of the remaining clauses. The parties undertake to replace the invalid clause with another valid clause which comes as close as possible to the economic purpose of the original provision. The same shall apply to any gaps in provisions with regard to the contract purpose.

B. Offer of contract and subject of contract

  • B.1. The services provided by CLAPPTECH TECHNOLOGIES INC are addressed exclusively to natural persons or legal entities or partnerships with legal personality which, when entering into legal transactions, act in exercise of their trade, business or profession.
  • B.2. The subject of the contract is determined by these General Terms and Conditions, the Supplementary Terms, which shall take precedence within the body of provisions, and the provisions agreed in the Service Specification pertaining to the respective offer. Agreements which deviate from these provisions must be in writing.
  • B.3. Unless expressly stipulated otherwise in the offer, CLAPPTECH TECHNOLOGIES INC shall not be liable for any particular outcome to be achieved by its services.
  • B.4. Ancillary agreements and contract amendments are subject to the written consent of the executive management of CLAPPTECH TECHNOLOGIES INC; they shall not be valid in the absence of such written consent.
  • B.5. Unless expressly agreed otherwise in written form, CLAPPTECH TECHNOLOGIES INC may use the services of suitable third parties in the performance of its contractual obligations.

C. Contract conclusion and preconditions for service performance

  • C.1. The product options presented by CLAPPTECH TECHNOLOGIES INC on the CLAPPTECH TECHNOLOGIES INC websites constitute a non-binding offer to the Customer to use the CLAPPTECH TECHNOLOGIES INC software for a specific period of time against payment of a fee. The Customer may purchase licenses for one or more terminals (work stations). The Customer shall enter its contact and invoice details (company, contact person, email and invoice address) and its choice of products in the course of the ordering process. CLAPPTECH TECHNOLOGIES INC shall be entitled to accept the Customer’s offer within two working days by sending an order confirmation by email. Where no order confirmation is sent within this time period the Customer’s offer shall be deemed rejected and the Customer no longer be bound by its offer.
  • C.2. Where CLAPPTECH TECHNOLOGIES INC has provided the Customer with a written offer this shall be deemed accepted if the services offered therein have been approved without change by countersignature; transmission by way of telecommunications technology shall be deemed sufficient compliance with the requirement of written form in this regard.

D. Customer information: Storage of order details, usage instructions

  • D.1. CLAPPTECH TECHNOLOGIES INC stores the Customer’s order, including details on the contract concluded (e.g. type of product, price, etc.)
  • D.2. The Customer may at any time save the product description provided on our website for its own purposes, e.g. by taking a screenshot at the time of ordering or alternatively printing the entire page.
  • D.3. The Customer may access installation and usage instructions at any time at support@CLapptechTechnologies.com

E. Customer information: Correcting errors

  • E.1. Customers may correct their details online prior to placing an order by using the delete key. CLAPPTECH TECHNOLOGIES INC shall inform the Customer of further means of correcting details in the course of the order process.
  • E.2. The order process may be aborted completely at any time by closing the browser window prior to placing an order.

F. Availability and technical requirements

  • F.1. Subject to a different service level being expressly agreed, CLAPPTECH TECHNOLOGIES INC shall provide to the Customer use at the server-side point of delivery subject to the availability and quality values specified in the Service Specification. CLAPPTECH TECHNOLOGIES INC shall only be responsible for availability to the extent that any unavailability of the part of the network run by CLAPPTECH TECHNOLOGIES INC and/or the web or communications server of CLAPPTECH TECHNOLOGIES INC is due to a fault on CLAPPTECH TECHNOLOGIES INC’s part. CLAPPTECH TECHNOLOGIES INC shall not be responsible for the data connection between the Customer’s respective terminal or IT system and the server-side point of delivery operated by CLAPPTECH TECHNOLOGIES INC being established and maintained.
  • F.2. Regular maintenance measures are required to secure the availability of all services provided; CLAPPTECH TECHNOLOGIES INC may suspend service performance for defined periods of time in order to carry out such maintenance. CLAPPTECH TECHNOLOGIES INC shall announce the time and expected duration of maintenance works at least three working days in advance. Wherever possible CLAPPTECH TECHNOLOGIES INC shall take the Customer’s interests into account when planning maintenance works. These regular maintenance times do not constitute impaired availability in terms of the above.
  • F.3. Smooth running of the CLAPPTECH TECHNOLOGIES INC software depends on the hardware and software used by the user on mobile terminals, routers, data communication equipment, etc. meeting the technical minimum requirements applicable to use of the currently offered software version, which are available to the user in the current system requirements specification.
  • F.4. The Customer shall be exclusively responsible for the configuration of its IT system. CLAPPTECH TECHNOLOGIES INC offers a support service on the basis of a separate agreement, for a fee.
  • F.5. The Customer shall be responsible for creating a data connection between the terminals intended for use by the Customer and the data delivery point defined by CLAPPTECH TECHNOLOGIES INC. CLAPPTECH TECHNOLOGIES INC shall be entitled to newly define the data delivery point at any time if this is necessary to enable smooth use of the services by the Customer. The Customer shall create a connection to the newly defined point of delivery in this event.

G. Customer’s obligations

  • G.1. The services of CLAPPTECH TECHNOLOGIES INC may not be misused; in particular, no information or contents may be transmitted and/or temporarily stored on CLAPPTECH TECHNOLOGIES INC servers which are illegal or immoral, or the duplication, provision, publication or use of which breach applicable law, rights of third parties (e.g. copyrights, patents, trademark rights or data protection rights) or agreements with third parties. The Customer shall prevent the unauthorized access of third parties to protected data stores by taking appropriate measures. The Customer shall scan its data and information for viruses and other damaging components prior to submission and shall use a state-of-the-art anti-virus program for this purpose.
  • G.2. The Customer shall reimburse CLAPPTECH TECHNOLOGIES INC any costs incurred for checking its equipment following submission of a fault report if the checks show that the fault was not in CLAPPTECH TECHNOLOGIES INC’s equipment and this could have been recognized by the Customer if it had made a reasonable effort to find the fault.

H. Usage rights and software integration

  • H.1. The “CLapptech Technologies Inc” software provided to the Customer for use under the contract is protected by copyright. CLAPPTECH TECHNOLOGIES INC is exclusively entitled to the commercial exploitation of the software.
  • H.2. Upon contract conclusion, CLAPPTECH TECHNOLOGIES INC shall grant the Customer a non-exclusive usage right limited to the contract term pertaining to the applicable offer, to download the client software of CLAPPTECH TECHNOLOGIES INC.
  • H.3. Notwithstanding the possibility of unrestricted downloads in accordance with the Supplementary Terms “CLapptech Technologies IncFree“ the Customer shall not have the right to use the software beyond the use permitted under this agreement in any way or to allow third parties to use it or to make it accessible to third parties. Vicarious agents of the Customer who make use of the services without charge shall not be deemed third parties; this includes, for example, the Customer’s employees, freelancers within the scope of their assignment, etc. In particular, the Customer shall not be permitted to duplicate, edit, make publicly accessible or sell the software or parts thereof.

I. Remuneration and terms and conditions of payment

  • I.1. Unless otherwise agreed, remuneration shall be payable in accordance with the CLapptech Technologies Inc price list applicable at the point of contract conclusion. Objections to invoices for services performed by CLAPPTECH TECHNOLOGIES INC must be declared within four weeks of receipt of the invoice, in writing, to the address stated on the invoice. Following expiry of the above period the invoice shall be deemed approved by the Customer. CLAPPTECH TECHNOLOGIES INC shall draw the Customer’s attention to the significance of its conduct when sending the invoice.
  • I.2. Fees payable for the use of CLAPPTECH TECHNOLOGIES INC services shall be paid by means of the payment method agreed for the order. Unless otherwise specified herein, invoices shall be payable immediately without discount. Where no payment date has been agreed, default periods shall be determined by the statutory provisions. Remuneration and ancillary costs are stated strictly as net prices exclusive of the applicable statutory taxes and charges.

J Default

  • J.1. In the event of payment default on significant amounts, CLAPPTECH TECHNOLOGIES INC shall be entitled to suspend the services at the Customer’s expense.
  • J.2. Where monthly payments have been agreed with the Customer, the Customer shall remain under obligation to pay the monthly fees in the event of default. Where the Customer
  • J.2.1. defaults on the payment of fees, or a significant part thereof, for two consecutive months, or
  • J.2.2. defaults on the payment of fees to an extent equivalent to the basic monthly fees for two months in a continuous period of more than two months, CLAPPTECH TECHNOLOGIES INC may terminate the contractual relationship without notice.
  • J.3. CLAPPTECH TECHNOLOGIES INC reserves the right to assert further claims due to late payment.

K. Warranties

  • K.1. At the current state of technology, it is impossible to guarantee that data communication via the Internet or wireless will be completely safe, free of faults and/or available at all times. CLAPPTECH TECHNOLOGIES INC therefore does not guarantee the availability of its service at all times and shall not be liable for disappointed trust of the user in its faultless functioning.
  • K.2. Technical data, specifications and performance stipulations in public statements, in particular in advertising, do not constitute a warranty as to quality. The functionality of the software is in the first place determined by the contents of the applicable Service Specification and any supplementary agreements made. In other respects, the software must be suitable for the use presupposed under this agreement and otherwise be of the nature common to software of its kind.
  • K.3. The Customer shall be provided with the software in a suitable condition for use in accordance with the contract. The duty to maintain does not include adaptation of the software to changed conditions of use and technical and functional developments, such as changes in the IT environment, in particular changes of hardware or of the operating system, adaption to the scope of functions of competing products or creation of compatibility with new data formats.
  • K.4. No-fault liability for damages for defects present at the point of contract conclusion is excluded.
  • K.6. In the event of material defects in standard software supplied by third parties or performance by a third-party vicarious agent, CLAPPTECH TECHNOLOGIES INC shall be entitled, with the effect of releasing it from all liability, to assign claims against suppliers, the manufacturer or other third parties to the Customer for the purposes of rectification or replacement supply, unless this cannot reasonably be expected to be acceptable to the Customer. The above shall also apply where CLAPPTECH TECHNOLOGIES INC has adapted, configured or otherwise changed the software or hardware in accordance with the Customer’s requirements, unless the material defect has been caused by CLAPPTECH TECHNOLOGIES INC’s own performance.
  • K.7. The Customer shall inform CLAPPTECH TECHNOLOGIES INC of defects without undue delay. Warranty claims shall lapse after one year.

L. Liability

  • L.1. CLAPPTECH TECHNOLOGIES INC shall be liable without limitation for all resulting damage due to intent or gross negligence or the absence of a guaranteed property. CLAPPTECH TECHNOLOGIES INC shall be liable without limitation for ordinary negligence in the event of personal injury or death. In all other respects, CLAPPTECH TECHNOLOGIES INC shall be liable for ordinary negligence only where a duty is breached the performance of which is essential to the proper implementation of the agreement, the breach of which jeopardizes the purpose of the agreement, and on the performance of which the Customer may regularly rely (so-called cardinal duty). Liability for breach of a cardinal duty shall be limited to foreseeable damage typical of the type of agreement. This shall also apply to loss of profits and loss of expected savings. Liability for other remote consequential harm caused by a defect is excluded.

M. Data protection

  • M.1. The Customer consents to the collection, storage and processing of personal data, provided these data are required to create, define the substance of, or amend the contractual relationship (user data). These personal data shall be used exclusively for the purposes of contract implementation. In the absence of express consent or a statutory basis the Customer’s personal data shall not be disclosed to third parties who do not perform an active part in contract implementation. Following completed contract implementation the data shall be blocked to prevent further use. The data shall be deleted following expiry of the retention periods specified under tax and commercial provisions, unless the Customer has expressly consented to their further use.
  • M.2. CLAPPTECH TECHNOLOGIES INC shall, with reference to the respective CLAPPTECH TECHNOLOGIES INC Customer Identification Number, log the time a program is started and the time and duration of the pertaining session. (session protocol); these data are stored in a databank which is not connected to the databank containing the user data of the respective user. CLAPPTECH TECHNOLOGIES INC shall only log and/or store the contents of the respective data connection (session) on behalf of the Customer if this is part of the agreement, in accordance with the offer chosen by the Customer (session recording).

N. Support, updates and upgrades

  • N.1. CLAPPTECH TECHNOLOGIES INC shall provide the Customer with a support email address and a helpdesk phone number available on weekdays from 9 am to 12 pm and 1 pm to 5 pm with regard to its services. The hotline shall exclusively serve the purpose of providing support to the Customer during use of the CLAPPTECH TECHNOLOGIES INC services to be provided under this agreement.
  • N.2. The hotline is also available to other customers. Customer enquiries to the hotline are processed in the order in which they come in.
  • N.3. Any software updates will be announced online to all customers upon start of the client software and will be provided online; however, CLAPPTECH TECHNOLOGIES INC reserves the right to provide extensions to functionalities only to certain types of license (plan options).
  • N.4. Moreover, CLAPPTECH TECHNOLOGIES INC reserves the right at any time to deactivate outdated client software following an update. Any deactivation shall be announced online upon start of the client software with at least six weeks’ notice.

O. Amendments to the Terms and Conditions, Service Specifications and prices

  • O.1. Where CLAPPTECH TECHNOLOGIES INC intends to make changes to the General Terms and Conditions or Supplementary Terms, the Service Specification, or the prices, the changes shall – in the case of the services provided under the “Free” option – be notified online upon start of the client software at least six weeks prior to the time of their intended applicability and the Customer be required to give its express consent or declare its express objection.
  • 0.2. In all other cases, changes shall be notified to the Customer in writing at least six weeks prior to taking effect. Changes shall entitle the Customer to an extraordinary right of termination at the time of the changes coming into force. If no written notice of termination by the Customer is received within six weeks of issue of the notification of changes the changes shall become integral parts of the agreement upon coming into force. CLAPPTECH TECHNOLOGIES INC shall make express reference to this consequence in its notification of changes.

P. Contract term, termination and software removal

  • P.1. Unless expressly agreed otherwise, the following provisions shall apply with regard to contract terms and notice periods for termination: