The general terms and conditions of business (hereinafter referred to as “GTC”) of ARCS Solutions, India (hereinafter referred to as “ARCS Solutions”), shall apply exclusively. Any terms and conditions of the customer that contradict or deviate from these GTC shall not be recognized by ARCS Solutions unless ARCS Solutions should have explicitly consented to the validity thereof in writing.
The term 'ARCS Solutions' or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of the website.
If you continue to browse and use this website, you agree to comply with and are bound by the terms and conditions of use.
All invoices are to be paid as a rule within 7 calendar days upon receipt. ARCS Solutions shall issue monthly invoices retroactively, since nothing to the contrary has been agreed.
The customer may only cede rights from this contract to third parties upon the prior consent of ARCS Solutions.
ARCS Solutions shall be entitled to cede all duties imposed and all rights accrued from the contracts to third parties. ARCS Solutions shall ensure that the customer shall not suffer any disadvantages as a result thereof.
ARCS Solutions shall furthermore be entitled to deploy third parties for the fulfilment of all of obligations on its behalf. In this case ARCS Solutions shall continue to guarantee in its capacity as contractual partner the orderly fulfilment of its contractual obligations towards the customer and the customer shall accept the service performed as a service of ARCS Solutions.
ARCS Solutions reserves the proprietary rights to the contractual services until the remuneration owed has been paid in full and all claims resulting from the business relationship with the customer have been satisfied; in the case of payment by cheque or bill of exchange until these have been honored.
Upon the assertion of the reservation of proprietary rights by ARCS Solutions, the customer’s right to continue to use the software shall lapse. All software copies made by the customer must be either handed over or deleted.
In the event of the customer being economically unable to fulfil their obligations towards ARCS Solutions, ARCS Solutions may terminate with immediate effect existing exchange agreements with the customer by withdrawal and long-term commitments by cancellation, even if the customer should file an insolvency application.
The customer shall provide the ARCS Solutions with notice within a reasonable time of any threatening inability to pay in writing.
ARCS Solutions provides a warranty in the event of severe defects of the software.
To this end, ARCS Solutions, at its own discretion, provides the customer with a new software version free of charge or arranges a repair of the defects; a valid rectification of defects includes ARCS Solutions providing the customer with reasonable options to avoid the effects of the defect.
ARCS Solutions is entitled to perform a supplementary evaluation given the customer has paid a reasonable portion of the compensation. Should two subsequent performance evaluations fail, the customer is protected under statutory rights.
The customer’s right to claim damages is forfeited as soon as the customer has made changes or enhancements to the software or source code.
The entitlement of the customer to compensate or reimburse the expenditure incurred in vain shall, regardless of the legal nature of the claim, be oriented towards Section of these GTC.
Liability for data loss is restricted to the typical recovery costs that would have been incurred in the event of the regular making of safety copies in accordance with the degree of risk involved.
The customer shall not remove from the software any identifying marks, comments pursuant to protected rights or pointers to proprietary rights of ARCS Solutions software contained therein but shall, where appropriate, also include these in any copies made.
ARCS Solutions shall indemnify the customer from all claims of third parties resulting from the violation of protected rights to software developed by ARCS Solutions and handed over in its contractually agreed version. The precondition for the accrual of this liability is that the customer should not, either in writing or orally, issue any statements to the third party about the violation of protected rights and should neither recognize any rights or facts nor accept any liability. Furthermore, the customer must not have combined the software with software from any other source without the prior written consent of ARCS Solutions and under no circumstances have used the software contrary to its intended purpose.
ARCS Solutions shall be entitled to undertake on the customer’s premises at their own costs’ necessary software amendments based on protected rights claims asserted by third parties. The customer may not derive any contractual rights from this. The customer shall inform ARCS Solutions immediately and in writing should their attention be drawn to any violation of commercial protected rights and copyright caused by a product supplied by ARCS Solutions.
The customer or viewer shall be responsible for measures pursuant to IT-security.
In the case of cross-border deliveries or services the customer shall bear any customs dues, fees or other charges incurred. The customer shall handle statutory or governmental procedures in connection with cross-border deliveries or services on their own responsibility since nothing to the contrary shall have been explicitly agreed.
The data protection declaration is an integral part of GTC and may be retrieved from our internet site at any time.
All contracts shall require written order confirmation of ARCS Solutions. The requirement for this form may only be waived based on a written agreement.
No verbal side agreements have been concluded between the contractual parties. Subsequent supplements or amendments to these agreements shall be made in written form. Verbal waiving of written form is forbidden.
Order processing shall take place within ARCS Solutions via automated data processing. The customer agrees that their data shall be stored electronically and processed by ARCS Solutions.
In the event of the legal invalidity of individual stipulations contained herein, the remaining parts of this contract shall nonetheless remain binding. This should not apply the continue adherence to the contract constitute undue hardship for one or both parties.