Terms and Conditions
Terms and Conditions of Use for the Makeo Plattform
Section A. General Part
§ 1 Preamble General Service Obligation
1.01 Makeo GmbH, Franklinstraße 7, 10587 Berlin, Germany (hereinafter: “Makeo”) develops and
distributes the project management platform (hereinafter: “Makeo Platform”). In addition, it
offers consulting and training services, especially in the areas of planning, control and
organization of processes in the project management of construction projects.
1.02 These Terms and Conditions of Use and Contract, in addition to a General Part (Section A)
access to the Makeo platform in the form of a SaaS solution. These Terms continue to govern the provision of support services (Section C) and counselling and training services (Section D).
§ 2 Scope
2.01 These terms and conditions of use are aimed exclusively at natural or legal persons or
partnerships with legal capacity as well as clients under public law who wish to use the software
and the other offers referred to under Section A.§ 1 in the exercise of their commercial or
independent professional activity (hereinafter: “customers”) and thus act as entrepreneurs
within the meaning of § 14 BGB.
2.02 Other terms and conditions of the customer shall not apply, even if Makeo does not separately
object to their validity. This shall also apply if the customer’s submission or acceptance of the
offer is made with reference to the overriding validity of its own general terms and conditions.
2.03 These terms and conditions of use, together with the applicable price and usage plan, the
documentation and the service description, specify, if necessary, the exclusively applicable
contractual terms and conditions in offers. Individual agreements made with the customer in
individual cases (including collateral agreements, additions and amendments) as well as the
order processing contract pursuant to Article 28 GDPR as a supplementary component of these
Terms of Use shall take precedence over these Terms of Use. Subject to proof to the contrary,
the content of such agreements shall be governed by a written contract or written confirmation
by Makeo.
2.04 In all other respects, the special provisions on contractual services in these terms and
conditions take precedence over the general provisions. Should deviating provisions from
those described here be made in the order processing contract, the former shall take
precedence.
§ 3 Confidentiality
3.01 The parties undertake to keep permanently secret, not to pass on to third parties, to record or
otherwise exploit all information about the other party that has become known or becomes
known to them in connection with this contract, which is marked as confidential or is
recognizable as business and trade secrets (hereinafter referred to as “confidential
information”) on the basis of other circumstances, unless the other party has expressly
consented to the disclosure or use.
3.02 All documents that are passed on to the customer as part of the consulting cooperation serve
exclusively to achieve the project objectives and can be used and reproduced in-house within
this framework. Disclosure to third parties is only permitted with the written consent of Makeo.
§ 4 Pilot Phase
4.01 The customer has the opportunity to test the software in advance in a pilot phase. The
applicable periods and the details of the requirements and scope can be found in our offer at
the time of completion of the pilot phase.
4.02 At the end of the pilot phase, the customer’s access to the Makeo platform expires.
4.03 If the customer wishes to continue the contractual relationship after the end of the pilot phase,
he must declare the continuation by order confirmation in good time before the end, otherwise
the contractual relationship ends automatically.
§ 5 Term of the Contract and Termination of the Contract
5.01 The fee-based contractual relationship begins with acceptance of the offer sent by us
(conclusion of contract).
5.02 Details on the term of the contract and the prices can be found in the offer.
5.03 The contract period is automatically extended. In the case of a tariff with monthly payment by
one month, unless the contract is terminated with one week’s notice before the end of the
current term. In the case of a tariff with annual payment by one year, unless the contract is
terminated with one month’s notice before the end of the current term.
5.04 Cancellations are made by e-mail to the following address: kündigung@makeo.com or cancel
by post.
5.05 The right of each contracting party to terminate the contract without notice for good cause
remains unaffected. Good cause shall be deemed to exist if, taking into account all
circumstances of the individual case and weighing the interests of both parties, the terminating
party cannot reasonably be expected to continue the contractual relationship until the agreed
termination or until the expiry of a notice period.
5.06 Good cause for one party exists in particular if the other party becomes insolvent or ceases its
business activities.
5.07 Good cause for Makeo shall also be deemed to exist if the customer fails to make due
payments despite a reminder and setting a grace period or, in particular, violates the following
contractual provisions on the use of the booked SaaS service.
5.08 Except in the case of insolvency or cessation of business, termination without notice
presupposes that the other party has been reminded in writing and/or requested to eliminate
the alleged reason for termination without notice within a reasonable period of time
5.09 Upon termination of the contractual relationship, Makeo will provide the customer with all data
in archived form (in common file formats such as PDF, MS Project, Excel, JSON, PNG) (B § 8).
The disclosure of the data takes place until the end of the contract by providing a download
link.
§ 6 Liability and Compensation
6.01 Makeo excludes liability for cases in which the reason for liability is based on slightly negligent
breaches of duty, unless damages resulting from injury to life, limb or health or guarantees are
affected or claims under the Product Liability Act are affected. Furthermore, liability for the
breach of obligations, the fulfillment of which is essential for the proper execution of the
contract and on the observance of which the customer may regularly rely, remains unaffected.
The limitation of liability also applies to breaches of duty by third parties, in particular vicarious
agents.
6.02 Makeo shall be liable for the loss of data if the damage is due to the fact that the customer has
culpably failed to fulfil its own obligation to back up data and therefore the data cannot be
restored with reasonable effort. Makeo shall only assume obligations to back up data for the
customer if this is expressly provided for in the service description on which the respective plan
is based.
§ 7 Remuneration
7.01 Remuneration agreed in accordance with these terms and conditions shall be paid monthly or
annually in advance during the agreed term of the contract. (Payments must be received by
Makeo no later than the third working day of the following month). Any discounts result from
the selected license period.
7.02 Necessary travel expenses are to be reimbursed separately. These include, in particular, costs
for travel to and from the workshop, accommodation costs if applicable, as well as other
expenses and ancillary costs incurred in connection with the workshops, such as additional
material costs. Travel time per employee will only be charged by separate agreement. Travel
time is the journey to and from the customer from the employee’s respective place of work.
7.03 All prices do not include any existing statutory taxes or comparable government levies.
§ 8 Additional Developments
8.01 Functional requirements that go beyond the functions described in the service description for
the selected plan (service description) and other additional functions and services can be
offered by Makeo together with the necessary documentation on request as additional
additional developments and extensions of the SaaS offering. Such additional developments
require a separate agreement in which at least the requirements/performance profile of the
function extension or additional function(s) are described, as well as the details for further
support and maintenance of the additional development are agreed. Unless otherwise
stipulated in the separate agreement, the customer shall not be granted any direct rights of
use or other ancillary copyright to the additional developments – beyond access as a SaaS
application for the agreed term of the contract. These remain at Makeo’s free disposal.
8.02 Additional developments are remunerated on a daily basis. All work/activities required for the
realization of the additional development from the time of commissioning to acceptance are
subject to remuneration. In particular, but not exclusively, these are the following activities:
(i) Consulting/support in the creation of a requirement/performance profile for the new
function or functional extension,
(ii) Visualization of the new features, for example in the form of so-called mockups or in some
other way,
(iii) Development of the feature, including required testing.
8.03 Proof of the work done is provided by the respective work package.
8.04 The development of the commissioned features takes place on systems from Makeo (test
environment). The customer provides the required test data or necessary information about his
own system environment. All work necessary with the additional development is carried out
remotely, unless an on-site presence at the customer’s premises is required.
8.05 The acceptance of the feature is carried out by the customer within 14 days after completion
and notification of acceptance readiness by Makeo in the test environment. If no express
acceptance takes place within the 14 days, the software shall be deemed to have been
accepted thereafter, unless it is subject to significant defects at this time.
8.06 Subsequently, the features are accessible via the customer’s access.
8.07 The provisions on warranty for defects (see SLA) apply accordingly to additional developments.
§ 9 Reservation of Right to Change
9.01 Makeo reserves the right to change or adapt provisions of these Terms of Use and/or
contractually owed services,
(i) if these have to be adapted to the applicable law, in particular in the event of a change in
the legal situation, developments in case law or if Makeo has to comply with a judicial or
official decision,
(ii) if technical or procedural changes that have no significant impact on the customer make a
change necessary,
(iii) if Makeo offers new or additional services that must be included in the Terms of Use and
this does not entail any disadvantages for the contractual relationship existing with the
customer, or
(iv) if the changes are only legally advantageous for the customer,
(v) if a price adjustment is necessary.
9.02 Changes will be communicated to the customer by e-mail. This notification of change shall
indicate the date on which the changes will take effect. If the customer does not object to the
changes within four (4) weeks of receipt of the notification, the changes shall apply in the cases
of 9.01(i) – 9.01(v) will be deemed to have been accepted by the Customer from that date,
unless a later date is specified in the notification. The customer will be informed separately of
the right of objection and the legal consequences of silence.
9.03 In the case of the § 9 Paragraph 9.01(v) the price adjustment will only take effect with the
customer’s consent. Price adjustments shall only be made with effect for the billing period
following the request. They will be announced in text form no later than 8 weeks before the
intended entry into force/start of the new billing period.
9.04 If the customer objects in the cases of § 9 Paragraph 9.01(i) – 9.01(v) the changes or if he does
not agree to the price adjustment in time, the contractual relationship ends at the time the
changes/price adjustment comes into force. Other rights of the customer regarding the
termination of the contractual relationship remain unaffected.
9.05 This reservation of amendment shall apply in the same way to changes to the order processing
contract as a binding supplement to these Terms of Use and Contract.
§ 10 Applicable Law, Place of Performance, Place of Jurisdiction
10.01 These terms and conditions shall be governed by German law to the exclusion of the UN
Convention on Contracts for the International Sale of Goods.
10.02 For disputes arising from these terms and conditions, the exclusive place of jurisdiction is the
registered office of Makeo in Berlin, Germany. However, Makeo is also entitled to assert claims
in court at the customer’s place of business. The above also applies if the customer does not
have a general place of jurisdiction in the Federal Republic of Germany. In all other respects,
the applicable statutory provisions shall apply to local and international jurisdiction.
§ 11 Subcontractors
11.01 Makeo is entitled to use subcontractors to fulfil individual obligations or its obligations as a
whole arising from the underlying contractual relationship.
§ 12 References
12.01 Makeo is entitled, to the appropriate and customary extent, to refer to the use of Makeo
products by the customer, which are based on a contractual relationship with Makeo, in
reference lists and to use them for external communication and, in particular, to publish them
on the website.
§ 13 Other Regulations
13.01 If these terms of use are also disclosed to the customer in another language, this is only done
for the convenience of understanding. The legal effects between the parties shall be governed
solely by the German version.
Section B. Provision as Software-as-a-Service (Cloud)
§ 1 Subject Matter
1.01 The provisions of this section apply to the provision and making available of the services
described in the valid plan and the associated service description as a SaaS solution. This
includes, in particular, access to the Makeo platform (hereinafter: “software”) via the Internet.
1.02 The software is made available in Makeo’s area of disposal (interface between the data center
and the Internet) for the agreed term of the contract. The customer is responsible for ensuring
that his systems are up to date, in particular in order not to generate any errors in
communication with the interface. Necessary adjustments to their own systems are made by
the customer or subordinate project participants themselves. Makeo provides timely
information about updates to the interfaces and the necessary adjustments to the customer’s
systems.
1.03 Further details on the services to be provided by Makeo, in particular on the scope of
performance and functions of the software or its technical and temporal availability, data
portability or the applicable service levels, can be found in the offer, the service description,
the service level agreement (SLA) and the booked plan.
1.04 Makeo can provide updated versions of the software. The customer will be informed about the
updated versions and any instructions for use by e-mail or within the software.
1.05 The terms of reference on which the contract is based as well as the current plans are attached
to the offer.
§ 2 Seats
2.01 The granting of access and authorized use of active modules of the software via the Internet is
user-based according to a seat model for one month/one year in advance. The customer
orders a fixed monthly/annual seat contingent (seats) through the selected plan. If necessary,
the contingent can be extended independently by the customer under the further conditions of
this paragraph.
2.02 The booked seat contingent refers to the customer’s main users. Subordinate users (Section
B.§ 6), which are assigned to a project by the respective main users, do not require their own
seats, but only the main users.
2.03 A seat assignment is made automatically by the respective first (new) registration of a main user
to the system in the current month of use/year of use. The customer is responsible for
compliance with the pre-booked seats for each new registration. (Seat contingent)
2.04 If all seats of the subscription are taken, another seat is automatically added to the subscription
when a new user logs in.
2.05 If the specified seat quota is exceeded in the current billing period, each surplus seat/license
must be remunerated separately retroactively for the current billing period. The active seats in
the current billing period are automatically determined by makeo on an ongoing basis. At the
customer’s request, Makeo will provide a history of the active seats of the current billing
period.
2.06 The cost of the additional seats is based on the price list valid at the time of the exceedance.
The Customer may waive the additional payment obligation and the redetermination for the
following billing period (see paragraph 2.07) by permanently deleting a seat from its quota in
good time (before reaching the respective annual seat quota). Subsequent deletion is not
taken into account for the current billing period.
2.07 The seats active on the cut-off date of the end of the billing period are the basis for the
advance payments of the following billing period. Makeo shall inform the customer of the
established seats no later than 30 days after the end of a billing period.
§ 3 Scope of Use
3.01 Access to the software is granted to the customer for intended use for the agreed number of
main users and contract term via a customer account. Intended use also includes the sharing of
content by and with third parties. For this purpose, main users can create third-party
companies involved in specific projects as additional project participants in their account and
thus grant them access to their account and the features of the software within the scope of
their own contractual right of use (subordinate dependent project participants/users). The
possibility of access and the scope of use of these subordinate project participants is
determined by the rights of the customer or the main user.
3.02 The customer shall ensure and guarantee that subordinate users will only use the software
within the scope of these Terms of Use. The possibility of involving subordinate project
participants/users is a feature of the software and does not establish a contractual relationship
between the subordinate project participants/users and Makeo. These are vicarious agents of
the customer and receive access to the software from the customer in this function. Further
details on the possibility of use of the main user as well as the range of functions for the
subordinate project participants can be found in the service description.
3.03 Further rights of use to the software itself, in particular reproduction, sale and/or rental rights,
are not the subject of these terms and conditions and are not granted.
3.04 Makeo is entitled to take appropriate technical measures to protect against non-contractual
use.
§ 4 Remuneration
4.01 The customer undertakes to pay the agreed fee for access and, if applicable, support for the
booked or extended seat contingent. Details can be found in the offer or the price list, unless
otherwise stipulated here.
4.02 Makeo is entitled, in accordance with the current price list, to demand additional remuneration
for services provided by the customer due to breach of its obligations, in particular the
obligations under Section B.§ 4 or which the customer has additionally commissioned.
4.03 The price sheet negotiated in the course of the contract negotiations is made available to the
customer as an attachment and is the subject of this agreement.
§ 5 Obligations of the Customer
5.01 In order to access his user account, the customer will generate a username and password
himself, which are required for further use of the SaaS services. The customer is obliged to
keep the password secret and not to make it accessible to unauthorized third parties. Makeo
may issue password quality policies and enforce them in the form of access restrictions.
5.02 Subordinate project participants/users are set up by the customer. As part of the support
service and/or as part of a commissioned pilot project (Section A.§ 4 of this agreement) can
assist Makeo in setting it up.
5.03 The customer is the controller and sole authorized person to the processed data, including the
data entered into the software/database by subordinate project participants. Makeo processes
data only on behalf of the customer (see Section B.§ 10 Privacy). Without prejudice to Makeo’s
obligation to back up data (for details, see the description of the plan), the customer is obliged
to use the options provided for his own data backup.
5.04 The customer is obliged to check his data and information for viruses or other harmful
components before entering them and to use state-of-the-art virus protection programs for this
purpose.
5.05 The customer undertakes to use the software only in accordance with applicable law, in
particular with applicable laws, court decisions, official requirements or orders, as well as in
compliance with the rights of third parties and in accordance with these Terms of Use.
5.06 The customer undertakes to compensate Makeo for all damages resulting from noncompliance, in particular with the conditions specified in Section B.§ 5 and, in addition, to
indemnify Makeo against all claims of third parties, including the lawyer’s fees and court costs
incurred in this context, which third parties assert against Makeo due to the customer’s failure
to comply with these obligations.
§ 6 Subordinate Project Participants
6.01 The data contained in Section B.§ 5 The obligations described above apply accordingly to
subordinate project participants. The customer shall take appropriate organizational and/or
technical measures to ensure that subordinate project participants are aware of and comply
with these obligations.
§ 7 Troubleshooting, Availability, Maintenance, Liability for Initial Defects
7.01 Details on bug fixes, availability and maintenance can be found in the respective service
description/offer or service level agreements (SLA). In the event of a malfunction or a system side error message/malfunction, the ticket system provided must be used to notify Makeo.
7.02 In the event of an error message, the customer is obliged to describe the malfunction or
malfunction to Makeo as precisely and in detail as possible within the scope of what is
reasonable so that a quick response can be made. If the error messages or malfunctions
(malfunctions) are not reproducible or are not directly attributable to the software itself for any
reason other than significant functional impairment, but are based, for example, on changes in
its IT infrastructure or web services initiated by the customer, Makeo reserves the right to assert
the effort in accordance with the price list currently valid at the time of the error message.
7.03 Upon request, the customer shall provide suitable data of his own if this is necessary for the
reproducibility of the malfunction or malfunction.
7.04 The strict liability of Makeo due to defects that were already present at the time of the
conclusion of the contract is excluded.
§ 8 Suspension of the Account
8.01 In the event that services from the SaaS solution are used by unauthorized third parties using
the customer’s access data, the customer shall be liable for fees incurred as a result within the
scope of civil liability until receipt of the customer’s order to change the access data or the
notification of loss or theft, provided that the customer is at fault for the access of the
unauthorized third party.
8.02 Makeo is entitled to immediately block the account/storage space if there is a reasonable
suspicion that the stored data and/or the use of the software are unlawful and/or violate the
rights of third parties or if the customer is in default of payment. A reasonable suspicion of
illegality and/or infringement of rights exists in particular if courts, authorities and/or other third
parties inform Makeo thereof. Makeo must inform the customer immediately of the block and
the reason for it. The ban must be lifted as soon as the suspicion has been refuted.
§ 9 Deletion of the Account
9.01 After termination of the contractual relationship with the customer, Makeo deletes the
customer account and the data contained therein, usually according to the customer’s
specifications (see order processing contract). This also includes the data stored by subordinate
project participants. In the absence of appropriate specifications by the end of the contract,
Makeo shall request the customer to back up his data on his own systems within 21 days. The
data is provided in common data formats. The customer is solely responsible for the
distribution of the data to subordinate project participants and other account holders. The
request for backup is sent by e-mail to the address stored in the customer account. The
customer is responsible for the accuracy and accessibility of the communication data stored in
his customer account, including the e-mail address. After the deadline has expired without
reaction, the user account, including the data associated with it, will be permanently deleted,
unless this agreement is contrary to statutory retention obligations.
§ 10 Privacy
10.01 Insofar as Makeo has access to the customer’s personal data, it will act exclusively as a
processor for the customer. The question of the admissibility of the order processing is the sole
responsibility of the customer.
10.02 The Data Processing Agreement (DPA) required under Article 28 GDPR is a supplementary
component of these Terms of Use and Contract, which is hereby incorporated into the Terms
and Conditions of Contract. The DPA will be sent by e-mail/post with the contract.
10.03 The DPA is supplemented by the annex with the technical and organizational measures for the
protection of data security and data protection law and the overview of the subcontractors
involved in the provision of services.
Section C. SaaS Support Services
§ 1 Subject Matter
1.01 The Section C regulates the support services. These are divided into two areas:
(i) Technical Support: If errors occur in the program, the customer can contact Technical
Support.
(ii) Customer Success: If the customer has questions about the application of the platform and
the functionalities or questions about the methodological approach, implementation
practices, best practices, lean management or similar, he can contact Customer Success.
§ 2 Technical support in case of malfunction
2.01 Only the customer is entitled to make use of technical support by reporting to Makeo via the
ticket system provided. Unless otherwise agreed, subordinate project participants must submit
support requests via the customer. The report must specify the support case to such an extent
that the cause, nature and effects of it can be identified.
2.02 At the request of Makeo, the customer shall appoint a contact person either for potentially all
support requests or for the specific request in each case, who is sufficiently qualified and
authorized to answer inquiries or initiate necessary measures.
2.03 A malfunction or malfunction to be remedied by way of the support service shall only exist if its
cause lies in the software provided or made accessible by Makeo and the contractually
guaranteed system requirements and other obligations of the customer to cooperate have
been complied with.
2.04 The data contained in § 5 specified response times are subject to the fulfillment of all
obligations of the customer to cooperate necessary for the specific support request. If the
fulfillment of the support request depends on an action of the customer or if he culpably fails
to fulfill his obligations to cooperate, the response time shall be extended by the period until it
is carried out, provided that these remain necessary.
2.05 If it turns out that the customer is causing malfunctions or malfunctions due to incorrect
operation or improper interaction with the software or that he is otherwise responsible for
them, in particular because it is not a malfunction or malfunction to be remedied by means of
technical support services, the customer shall be liable for the consequences arising in this
respect. Makeo may demand a separate remuneration for all expenses related to such a
support request, in particular for the time spent on the determination, according to the hourly
rate agreed in the offer (plus statutory value added tax).
§ 3 Warranty
3.01 Makeo guarantees that the services provided within the scope of the service are not subject to
errors that cancel or reduce the value and suitability compared to the agreed scope of services.
Insignificant deviations are not taken into account.
3.02 If defects occur during contractual use, the customer is obliged to give Makeo the opportunity
to remedy them within a reasonable period of time. The customer must notify Makeo
immediately of the errors in a comprehensible form and stating the information useful for the
elimination of the error, usually via the ticket system provided. The customer shall support
Makeo in troubleshooting within the scope of what is reasonable. Makeo does not provide any
warranty for such defects, which are not reproducible at Makeo. Expenses incurred in this
context are to be remunerated separately.
3.03 If the causes of a malfunction or malfunction cannot be eliminated with reasonable effort,
Makeo will offer the solution in the form of a workaround (solution that enables the use of the
contractually owed functions regardless of a remedy).
3.04 If, despite repeated efforts, Makeo does not succeed in remedying the defect or circumventing
it in such a way that the software can be used in accordance with the product description, the
customer is entitled to demand a reduction in the agreed remuneration or to withdraw from
the contract or to claim damages in accordance with the statutory provisions.
§ 4 Defect classes
4.01 Critical defects: Conditions that significantly affect the main functionality of the product and
require immediate, round-the-clock, corrective action. This includes:
(i) Inoperability of the product (total or partial failure).
(ii) Reducing the capacity capability of the product so that expected loads cannot be handled.
(iii) Security hazard or risk of a security breach.
4.02 Main error: The product is usable, but there is a condition that significantly affects the
operation, maintenance or management of the product and requires immediate attention
during the predefined standard hours. This includes:
(i) Reducing the capacity of the product (but still able to cope with the expected load).
(ii) Loss of administrative or maintenance visibility of the device and/or diagnostic capability.
(iii) Repeated deterioration of an essential component or function.
(iv) Deterioration of the product’s ability to provide notifications in the event of malfunctions.
4.03 Minor errors: Other problems of lesser severity than “critical” or “important” that have little or
no impact on the functioning of the system.
§ 5 Response
5.01 Critical errors: The service team undertakes to respond to critical errors within 4 hours of
receipt of the message during the predefined availability period and to take the necessary
actions to solve the problem.
5.02 Main error: The service team undertakes to respond to major errors within one working day
during the predefined availability period and to take the necessary measures.
5.03 Incidental errors: The service team undertakes to respond to incidental errors within one week
during the predefined availability period and to initiate the necessary measures.
§ 6 Escalation procedure
6.01 In the event of critical errors, the escalation is triggered immediately by contacting Dr. Felix
Enge to ensure that the necessary measures are taken, regardless of the time of day or day of
the week.
6.02 In the case of major failures, escalation is initiated if the issue is not resolved within the
specified time frame. Dr. Felix Enge will be contacted to discuss further measures.
§ 7 Monitoring and reporting
7.01 The service team continuously monitors the status of the errors and keeps the customer
informed about the progress of the bug fix.
7.02 Regular reports on defect classes and their occurrence are provided to the customer in
accordance with the agreed reporting schedule.
§ 8 Customer Success Support
8.01 Customer Success Support includes support for the use of the software, in particular support in
solving company-specific problems in connection with the platform, provided that the
customer’s users have previously received basic training on how to use the platform.
8.02 Makeo provides user support both by phone and by e-mail (support@makeo.com). User
Support does not replace the training of users in the use of the platform by Makeo.
8.03 Makeo provides user support exclusively during the support period. For customers of Makeo
GmbH, the support time is agreed on Monday to Friday, 9:00 a.m. – 5:00 p.m. (CET), except
for public holidays in the state of Berlin, Germany.
8.04 The “user support” is to be agreed separately between the parties and is remunerated
according to expenditure.
8.05 The following services are not covered:
(i) User support outside of support hours (8.03)
(ii) On-site service
Section D. Consulting/training services
§ 1 Subject matter of the service
1.01 In addition to the software, Makeo also offers consulting services, especially with the aim of
enabling project organizations to effectively plan and control project execution processes in
the construction industry.
1.02 The specific scope of services is specified in an offer/service description, which is the basis of
the contract and billing.
1.03 All services are billed according to daily rates or lump sums plus applicable statutory taxes and
any travel expenses incurred. The amount of the respective cost rates or lump sums results
from the offer.
§ 2 Contract
2.01 Offers made by us for consulting or training services remain valid for 28 days. If you accept this
within the period, the order will be processed in accordance with these contractual conditions.
Late notifications of acceptance of the offer may be accepted by Makeo. As a rule, Makeo will
confirm this in text form. In addition, an implied acceptance, for example by starting to execute
orders, is also possible. Upon request, Makeo will confirm the subsequent acceptance of the
offer, in any case in text form.
§ 3 Dates
3.01 Agreed appointments can be postponed or cancelled up to 14 days in advance. In the event of
a later cancellation/postponement, a cancellation fee of 50% of the contractually agreed fee
shall be due, unless the client proves that Makeo has suffered no or low damage as a result of
the failure. Makeo reserves the right to claim the damage actually incurred by Makeo instead of
the lump sum.
§ 4 Duties
4.01 Customers undertake to cooperate as follows:
(i) Appointing a project manager/contact person who is authorized to carry out all necessary
business activities
(ii) Required ongoing provision of information, if necessary
(iii) Provision of employees, premises, IT and telecommunications facilities
§ 5 Terms of payment
5.01 The services provided are invoiced monthly. Our invoices are payable within 14 days of receipt
strictly net. If the customer is more than four weeks in arrears with his payment, we are entitled
to interrupt the project without further notice until receipt of the overdue payment. We are not
responsible for any damage that may arise as a result. This also applies in the event of
insolvency (insolvency, etc.).
§ 6 Warranty
6.01 All warranty claims based on this Section D. shall become statute-barred 12 months after the
statutory commencement of the limitation period.
