General Terms and Conditions – Apollo IT
Article 1 – Definitions
1.1 Apollo IT: the company providing IT services and products, located at Im Kirschengarten 19, 54294 Trier Germany, registered with the Belgium Chamber of Commerce under number BE0740.919.751.
1.2 Client: any individual or legal entity making use of the services or products of Apollo IT.
1.3 Agreement: the contract between Apollo IT and the Client concerning the delivery of services or products.
1.4 Services: all activities performed by Apollo IT, including software development, hardware supply, installation, maintenance, and consultancy.
Article 2 – Applicability
2.1 These general terms and conditions apply to all offers, quotations, agreements, and other legal relationships between Apollo IT and the Client.
2.2 Deviations from these terms are only binding if agreed upon in writing.
Article 3 – Offers and Agreements
3.1 All offers from Apollo IT are non-binding and valid for 30 days unless otherwise stated.
3.2 The agreement is concluded after written confirmation of the offer by the Client or by the actual execution of the assignment by Apollo IT.
Article 4 – Execution of Services
4.1 Apollo IT will execute the agreement to the best of its knowledge and abilities, in accordance with the standards of good craftsmanship.
4.2 Apollo IT has the right to have certain tasks performed by third parties if necessary for the proper execution of the assignment.
Article 5 – Fees and Payment
5.1 The fees for the services are specified in the offer or agreement. All amounts are exclusive of VAT unless otherwise indicated.
5.2 Payments must be made within 14 days of the invoice date unless otherwise agreed.
5.3 If payment is not made on time, the Client will owe statutory interest and any collection costs incurred.
Article 6 – Delivery and Ownership
6.1 Delivery times are indicative and not strict deadlines. Exceeding a delivery time does not entitle the Client to compensation or cancellation.
6.2 Delivered products remain the property of Apollo IT until full payment has been received.
Article 7 – Warranties and Liability
7.1 Apollo IT guarantees that the delivered products and services comply with the agreement.
7.2 Apollo IT is not liable for indirect damages, including consequential damages, lost profits, or missed savings.
7.3 Apollo IT's liability is limited to the amount paid under its liability insurance policy, or, in the absence thereof, to the amount paid for the agreement.
Article 8 – Intellectual Property
8.1 All intellectual property rights related to the delivered services and products are owned by Apollo IT unless otherwise agreed in writing.
8.2 The Client is not permitted to copy, modify, or disclose any materials without prior written consent from Apollo IT.
Article 9 – Force Majeure
9.1 Apollo IT is not liable for delays or failure to meet obligations due to force majeure, including network failures, natural disasters, pandemics, or government actions.
Article 10 – Privacy Policy
10.1 Apollo IT processes personal data in accordance with applicable privacy laws, including the General Data Protection Regulation (GDPR).
10.2 The collected data is used solely for executing the agreement and maintaining client relationships.
10.3 Personal data will not be shared with third parties unless necessary for the execution of services or required by law.
10.4 Clients have the right to access, correct, or delete their personal data. Requests can be submitted via it@apolloholding.eu.
Article 11 – IT Security Disclaimer
11.1 Apollo IT takes reasonable and appropriate measures to ensure IT security during the implementation and management of Odoo databases. This includes configuring security settings, access protection, and adhering to best practices in data security.
11.2 Despite these measures, Apollo IT cannot guarantee that the Odoo database and associated systems will always be fully secure against cyberattacks, hacks, malware, or other security incidents.
11.3 The Client is responsible for:
- Timely updates and maintenance of the system after implementation unless otherwise agreed in writing.
- Configuring and managing user permissions and passwords.
- Ensuring a secure network environment, including firewall settings and antivirus software.
11.4 Apollo IT is not liable for damages resulting from:
- Improper use of the Odoo database or failure to adhere to recommended security procedures by the Client or third parties.
- Security incidents arising from vulnerabilities in third-party software or infrastructure not managed by Apollo IT.
- Data breaches caused by actions or negligence of the Client, such as sharing login credentials with unauthorized individuals.
11.5 Apollo IT offers, if agreed upon, additional services such as monitoring, backup management, or security audits. These services are subject to separate agreements and are not included in the standard implementation of the Odoo database.
11.6 To ensure the continuity of the Odoo database and data security, the Client is advised to enter into a maintenance agreement with Apollo IT or another qualified IT service provider.
Article 12 – Termination of the Agreement
12.1 Either party may terminate the agreement if the other party significantly fails to meet its obligations and does not resolve this within 14 days of a written notice of default.
Article 13 – Disputes and Applicable Law
13.1 These general terms and conditions and agreements are governed by Dutch law.
13.2 Disputes will preferably be resolved through mutual consultation. If this is not possible, disputes will be submitted to the competent court in the location of Apollo IT's registered office.
Apollo IT
Im Kirschengarten 19, 54294 Trier, Germany
+49 172 451 9882
it@apolloholding.eu