These are the general terms and conditions of CloudRebels GmbH (hereinafter referred to as “Cloud Rebels”) with regard to the IT services and products offered by Cloud Rebels. The subject matter of this is to regulate the legal relationship between Cloud Rebels and the customer with regard to the commissioned IT services and products.
The Cloud Rebels offer is aimed exclusively at customers who are entrepreneurs within the meaning of § 14 BGB or legal entities, traders as well as self-employed or freelancers.
These General Terms and Conditions (GTC) apply exclusively to the contractual relationship. Conflicting or further customer conditions do not become part of the contract. They have no effect even if Cloud Rebels has not contradicted them in individual cases.
The general terms and conditions are supplemented by the currently valid product description. These documents are available here at any time and can be downloaded, saved and printed out by the customer.
Individual agreements between Cloud Rebels and the customer take precedence over these general terms and conditions in the area of the individually agreed contractual terms (see § 305b BGB) and are then supplemented by these general terms and conditions. The offer or the order documents and the invoice from Cloud Rebels are considered individual agreements that take precedence over these general terms and conditions. Individual agreements must be made in writing to be effective.
Cloud Rebels is entitled to increase the agreed prices after conclusion of the contract to the extent of price increases from third parties from whom Cloud Rebels receives necessary advance payments for the execution of the contract. The agreed prices also increase to the extent that they are caused by an increase in value added tax or statutory duties.
Changes to Cloud Rebels or to the functionalities and price contained therein will be notified to the customer in writing in good time before they come into force. The customer has the right to object to the notified changes. If the customer does not object to the changes in text form within four weeks of receipt of the notification of change, the changes become effective at the scheduled time and become part of the contract.
The customer is specifically informed of this consequence in the change notification. If the customer objects to the change to Cloud Rebels or its functionalities or its price, Cloud Rebels is entitled to cancel the contract with a notice period of one month. Cloud Rebels will exercise this right of termination within 4 weeks of the customer's objection.
The content and works on these pages created by the site operators are subject to German copyright law. Duplication, editing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this page are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is marked as such. Should you nevertheless become aware of a copyright infringement, please notify us accordingly. If we become aware of legal violations, we will remove such content immediately.
All Cloud Rebels offers are subject to change. An offer from Cloud Rebels is only binding if this is expressly stated in writing or text form. Unless otherwise stated, the offer with the calculated prices and services for Cloud Rebels is binding for a period of four weeks.
On the basis of Cloud Rebels' non-binding offer, the customer places a binding order for the service offered by Cloud Rebels.
Order confirmations are generally not advertised. However, if the order is completed by telephone, verbally, or online, a written confirmation letter from Cloud Rebels is required. All other oral agreements also require confirmation by Cloud Rebels in text form.
The contract is concluded implicitly with the provision of services by Cloud Rebels or upon receipt of an order confirmation in text form.
By placing an order, the customer assures that he is an entrepreneur within the meaning of § 14 BGB, a legal entity, trader or self-employed person or freelancer.
Cloud Rebels is entitled at any time at its own discretion to refuse orders or to withdraw from the contract without the customer incurring any claims for compensation if it turns out that the content or form of the service owed violates changed legal provisions.
Cloud Rebels is also entitled to withdraw from the contract if there are reasonable doubts about the customer's creditworthiness.
Part of the contract are the order documents, in particular the offer and any order confirmation issued by Cloud Rebels, as well as these general terms and conditions. Individual agreements must be made in writing to be effective.
The subject matter of the contract is Cloud Rebels' IT services and products, which are specified in more detail in the procurement documents.
The customer has to specify the task. The execution of the task is planned together on this basis.
It is the sole responsibility of Cloud Rebels to decide which employees are deployed to perform specific tasks. Both own employees and freelancers as well as other companies can be employed as part of the task fulfilment. Notwithstanding this, Cloud Rebels reserves the right to exchange employees at any time.
The employees employed to perform tasks are exclusively subject to the instructions of Cloud Rebels, regardless of whether the service is provided directly by the customer. Employees are not integrated into the customer's business. The customer can only send suggestions and tasks to the project manager or the Cloud Rebels account manager, but not directly to the individual employees.
The deadlines set out in the implementation and project plans are generally estimated times, unless the agreements reached between the parties show that deadlines have been set as binding.
If Cloud Rebels depends on the customer's cooperation or information and performance is delayed due to lack or delayed participation, or if performance is impeded by force majeure, such as war, riot, natural disasters or similar events such as strike, lockout, official intervention or other circumstances for which Cloud Rebels is not responsible, agreed deadlines will be extended by a reasonable period of time.
In such a case, Cloud Rebels will inform the customer of the circumstances of the obstacle and, after its termination, will immediately arrange a new appointment for the provision of services.
During the term of the contract and the associated use of Cloud Rebels' systems, the customer can suggest changes and adjustments at any time.
Cloud Rebels will respond to the customer's requests for changes and/or adjustments in writing with a declaration of appropriate feasibility and by preparing a corresponding offer.
With acceptance of the offer by the customer, a contract is concluded between the customer and Cloud Rebels with amended content in accordance with the offer. The remuneration for this is based on Cloud Rebels' current price list at that time.
Until the amended contract is concluded, all other work will continue to be carried out in accordance with the existing contracts. However, the customer is entitled to demand the complete or partial interruption of work. However, any resulting delays in performance or appointments are borne by the customer.
If an order from the client consists of several individual works that can be used independently of one another, the client must accept each individual work separately and immediately.
If market products are used as a basis or tool for the implementation of an order, functional limitations and errors caused by these products do not constitute a reason for refusing acceptance.
Customer concepts and specifications require written approval by Cloud Rebels. Cloud Rebels concepts and specifications must be accepted by the customer before execution. A written order based on the content of these preparations represents a defect-free and error-free acceptance.
The customer must check the result within 10 working days and report any defects or declare acceptance. The service is considered accepted if the client neither complains of defects nor declares acceptance within this period. Minor defects do not entitle the customer to refuse acceptance.
Cloud Rebels will report defects attributable to market products to the supplier for rectification, insofar as the repair is necessary to provide Cloud Rebels' services.
The customer is aware that the provision of the services included in Cloud Rebels and their quality may depend significantly on his participation. The customer is therefore obliged to support Cloud Rebels to the best of its ability in providing the agreed services, to create the conditions necessary for the proper execution of the order in its operational and risk sphere and, in addition, to fulfill the obligations imposed on it under this Section 7 in a timely and complete manner.
He is responsible for the timely, correct and complete provision of all information, documents and other work tools free of charge for Cloud Rebels in order to be able to provide the services offered. He is also responsible for contacting reports with special functions.
Proper data backup is the responsibility of the client.
If the customer does not sufficiently fulfill his obligation to cooperate in the agreed manner, he bears the resulting consequences, such as additional costs or delays, and reimburses Cloud Rebels for all resulting damage. During this period, Cloud Rebels is exempted from the obligations arising from the respective service contract and from these terms of service.
Contract data
The customer is obliged to provide all contract data requested upon conclusion of the contract completely and truthfully.
Furthermore, the customer must immediately inform Cloud Rebels in text form of all changes to the contract data and all significant circumstances necessary for the execution of the contract.
Legal issues
The customer must resolve all legal issues, in particular professional, competition, trademark, copyright, personality, data protection and naming issues, on their own initiative before placing the order.
Securing the access data provided
The customer is obliged to keep provided access data strictly confidential and to protect it from unauthorised access to the necessary extent. He will immediately inform Cloud Rebels as soon as he becomes aware that these login details have become known to unauthorised third parties.
The customer is not permitted to make the login details and/or the services based on access available to third parties for the purpose of use without prior agreement with Cloud Rebels.
Other cooperation obligations
To use Cloud Rebels' systems, the customer provides a suitable working environment (workstations, network) in accordance with Cloud Rebels' specifications.
The customer will participate free of charge in the execution of the order, in particular in the implementation and execution of work, e.g. by providing employees, work rooms, hardware and software, data and telecommunications equipment. It gives Cloud Rebels access to hardware and software directly and via remote data monitoring. He answers questions, reviews results, and immediately tests systems provided by Cloud Rebels. Errors or defects must be reported to Cloud Rebels immediately after they become known.
The customer names one or more contact persons and their communication data, under which the contact person (s) can be reached. The contact person (s) must be able to make the necessary decisions for the customer or to make them immediately. The contact person (s) ensure good cooperation with the contact person (usually project manager, account manager) from Cloud Rebels. For these activities, the customer's employees must be released from other activities to an appropriate extent.
The customer is obliged to use the services and systems provided by Cloud Rebels in accordance with the applicable legal provisions, any official orders and the contractual agreements made with Cloud Rebels.
Legal consequences of a breach of (cooperation) obligations
Reference is made to the customer's indemnification obligation or liability if Cloud Rebels is claimed by third parties in the event of a breach of (cooperation) obligations in accordance with Section 10 of these General Terms and Conditions for Cloud Rebels.
In addition, Cloud Rebels is not in default in fulfilling its performance obligations, provided that the customer's late or omitted fulfilment of an information, cooperation or other obligation on the part of the customer is (co-) the cause of this. In the event of delays in the provision of individual contractual services due to omission or delayed cooperation on the part of the customer, Cloud Rebels' claim for compensation and its due date remain unaffected.
The customer irrevocably grants Cloud Rebels the simple but transferable right of use of the content provided and the results resulting from the provision of services, insofar as this is necessary for the fulfilment of the contract. The transfer of rights includes the full granting of rights to all known and future types of use.
The customer agrees that Cloud Rebels may use the results or parts of the service provision for reference purposes for self-promotion.
Cloud Rebels is the exclusive owner and owner of the service, software, all graphics, logos, trademarks, and names used by Cloud Rebels in connection with the products.
In addition, by creating the service, Cloud Rebels becomes the owner of all intangible property rights, in particular copyrights, to the results, e.g. concepts, planning documents, specifications, developments, documentation, studies, inventions, user or maintenance manuals and other documentation.
The customer is free to make suggestions to Cloud Rebels to improve the service. However, by doing so, the customer acknowledges that all rights to the improvements and/or changes associated with such suggestions belong to Cloud Rebels and Cloud Rebels is not obliged to compensate the customer for such suggestions.
If the customer acquires copyrights to the results through his cooperation, he transfers to Cloud Rebels the exclusive right, unlimited in terms of space, time and content, to edit, exploit, market and otherwise use these results in any possible way.
If the results are eligible for protection, Cloud Rebels is entitled to register, maintain or drop the relevant intellectual property rights in any country at its own discretion and on its own behalf.
After full payment, the customer has a simple right to use the work results for his own purposes, limited in time and content to the duration of the contract period, to the extent planned, unless otherwise agreed.
By granting the user license, Cloud Rebels grants the customer a non-exclusive, non-transferable and revocable right, limited in time and content to the duration of the business relationship, to use the offered products under the conditions and purposes described in the offer or contract.
Any other and/or further use or exploitation is excluded. In this context, Cloud Rebels assures that it is the rights owner or licensee of all offered third-party programs and that it has been granted the corresponding usage rights to all third-party products required to provide the customer.
The customer indemnifies Cloud Rebels and Cloud Rebels' vicarious agents from all third-party claims that are asserted against Cloud Rebels or Cloud Rebels' vicarious agents due to the breach of one of the aforementioned obligations under Section 8 and Section 9. This also includes compensation for the resulting damage, including the costs of an appropriate legal defense.
Cloud Rebels guarantees that the subject matter of the contract has the functions specified in the service description during the term of the contract. Cloud Rebels guarantees that the work carried out will be carried out with the greatest possible care and to the best of its knowledge and belief. In this context, the customer will immediately notify Cloud Rebels of program errors, the need for changes and other circumstances that indicate the need for maintenance measures.
Errors reported by the customer will be resolved within a reasonable period of time. If it proves impossible to fix errors, Cloud Rebels will offer an alternative solution.
In particular, Cloud Rebels does not guarantee the uninterrupted availability of the service and the quality of the services.
Cloud Rebels has no influence on the transport of data over the Internet. Cloud Rebels therefore also does not guarantee that sent messages reach the recipient correctly.
In principle, a specific performance result or even a specific success is not due. If the provision of a specific service result is expressly agreed and Cloud Rebels is unable to provide the owed service result at the agreed time for whatever reason, Cloud Rebels is entitled to make up for the owed performance result.
If the customer refuses to check the reported defects, the customer is not entitled to make further warranty claims. If complained of defects can no longer be proven after a joint examination, the complaint and thus also the defect shall be deemed to have been remedied.
The warranty is excluded for defects/damage that occur after handover to the customer as a result of incorrect or negligent treatment by the customer or his vicarious agents/representatives, his failure to comply with Cloud Rebels' instructions or due to special external influences outside the area of responsibility of Cloud Rebels.
If the customer or a third party makes unagreed changes to programs or systems, the warranty for these and the resulting consequences is also excluded. Features are not guaranteed by Cloud Rebels.
In the event of a wholly or partially defective service for which Cloud Rebels or their partners are responsible, the customer is entitled to rectification from Cloud Rebels. If the repair has failed, the customer has the right either to demand a reasonable reduction in remuneration (reduction) or to withdraw from the contract. The repair is considered to have failed after the second unsuccessful attempt. Further claims by the customer are excluded.
Cloud Rebels is liable in accordance with legal provisions for damage to life, body and health based on a culpable breach of duty by Cloud Rebels, Cloud Rebels' legal representatives, employees or vicarious agents, as well as for damage covered by liability under the Product Liability Act.
Unforeseeable events, such as force majeure, strikes, official measures, failures of transmission channels or other disruptions for which Cloud Rebels is not responsible, release Cloud Rebels from its performance and warranty obligations. Cloud Rebels' liability is also completely excluded in such a case.
Cloud Rebels is not liable for materials, content and services provided by the customer (e.g. employees provided, work rooms, hardware and software, data and telecommunications equipment) that the customer provides to us in order to execute the contract or that he publishes or distributes via the components of Cloud Rebels.
Cloud Rebels' liability for other damages not covered by the above clauses is excluded, irrespective of the legal basis, to the extent permitted by law, unless Cloud Rebels is responsible for intent or gross negligence. In addition, liability in the event of slight negligence is not excluded if Cloud Rebels is accused of breaching such an obligation, the fulfilment of which enables the proper execution of the contract in the first place (so-called cardinal obligation). In the latter case, liability is limited to foreseeable damage typical of the contract, but not more than the sum of the annual contract value.
All claims by the customer against Cloud Rebels expire within one year from the start of the statutory limitation period. This does not apply to the statute of limitations for claims based on an intentional or grossly negligent breach of duty.
Insofar as Cloud Rebels' liability is limited or excluded, this also applies to their service providers, legal representatives, employees or other vicarious agents.
The remuneration is generally based on Cloud Rebels' current price list, unless otherwise contractually agreed. The price list is subject to change without notice.
Except in the case of a sales tax exemption, all prices are exclusive of the respective statutory sales tax. Cloud Rebels is entitled to charge for partial services if this is reasonable for the customer. Payments must be made with the payment term stated on the invoice/partial invoice. No discount is granted. Starting 30 days after the due date, Cloud Rebels can charge interest at the respective statutory default interest rate.
Services are generally billed by Cloud Rebels after they have been provided. The services are billed once a month. Exceptions require a separate agreement. Cloud Rebels can demand advance payments if the term of work and services exceeds 1 month. The amount of the advance payment depends on the degree of completion.
In the case of billing based on expenditure, this is carried out upon presentation of the usual records of activity at Cloud Rebels. Travel time, travel expenses and accommodation costs are charged by Cloud Rebels depending on the place of business of the employee.
Cost increases for licenses and maintenance services provided and invoiced by third parties as part of the provision of services between Cloud Rebels and the customer will be passed on by Cloud Rebels to the customer unchanged.
Cloud Rebels reserves the right to charge reminder costs for reminders issued (in non-commercial transactions only after the 2nd reminder). No later than 30 days after the due date, Cloud Rebels can charge interest at the applicable statutory default interest rate.
Order agents, third-party service providers and other third parties are generally not entitled to accept payments on behalf of Cloud Rebels. In the event of debt collection or cash payment by Cloud Rebels, the advance payment or cash payment must be made immediately upon placement of the order. Payments made to the Cloud Rebels representative will be accepted once properly received.
In the event of objectively justified doubts about the customer's solvency, even during the term of the contract, Cloud Rebels is entitled to make the further provision of services dependent on the payment of outstanding invoice amounts.
The customer is only entitled to offset and/or withhold if the counterclaims have been legally established or are undisputed.
The contractual partners will keep trade and trade secrets of the other contractual partner, which they have become aware of as part of the business relationship, confidentially even after the business relationship has ended.
The customer may only make contractual items available to employees and third parties insofar as this is necessary to exercise the right of use granted to him; otherwise, he must keep all contractual items secret. He will inform all persons to whom he grants access to contractual items about Cloud Rebels' rights to the contractual objects and the obligation to maintain secrecy.
Personal data is only processed in accordance with applicable data protection law, in particular the GDPR and the BDSG. The parties agree to conclude an order processing contract in accordance with Article 28 GDPR or to conclude a joint responsibility contract under Article 26 GDPR, if this is necessary.
The place of fulfilment and jurisdiction for both parties is the registered office of Cloud Rebels, unless otherwise required by law.
The law of the Federal Republic of Germany applies to all legal relationships arising from the use of the services, excluding the provisions on private international law and the UN sales law.
CloudRebels GmbH
Krummer Luchweg 29a
14612 Falkensee
Phone: +49 3322/43 23 992
Commercial register: Berlin HRB 36461
VAT -ID No: DE 351312704
Managing Director: Jan Schmidt & Sebastian Hohensee