1. Scope I The following General Terms and Conditions of Delivery and Payment are only applicable for use in commercial transactions. They apply to all contractual relationships of LEADOPOGO (hereinafter "Company").
These Terms shall exclusively apply to all our offers, contracts, deliveries and other services (hereinafter “Products”) provided to our Clients. Offers made by the Company are subject to confirmation unless expressly agreed otherwise. The Terms shall be concluded before receipt by the Company of the invoice payment by the Client.
In this case, the conditions communicated to the Client shall apply. These Terms shall be accepted before invoice payment and delivery of the Products and then they will be considered valid. Ancillary agreements, amendments, and deviations from these terms and conditions must be agreed upon in writing.
2. Formation of contracts, documents & property rights I 2.1 Our offers are not binding. A contract shall only come into force upon our order confirmation in writing or text. Solely our order confirmation in writing or text form is relevant to the date, kind and quantity of the delivery. If the order is not confirmed by us in writing or text form the contract shall come into force upon performance of the order at the latest. Statements made orally or by phone by our representatives shall be legally binding only if confirmed in writing or text form.
2.2 We reserve all proprietary rights and copyrights to cost estimates, concepts, designs, drafts, drawings and other documents; these may be modified or made available to third parties only with our explicit approval. Drawings and other documents provided as part of an offer must be returned to us upon request at any time and in any event if the order is not placed with us.
3. Delivery I 3.1 Lead times are provided for information purposes only and shall be non-binding, unless it is explicitly agreed that the delivery date shall be fixed, i.e. it is put in writing that the customer has no further interest in the delivery after the agreed date. Confirmed delivery dates are subject to the correct, complete and timely receipt of supplies by us.
3.2 In the event of default by the Client, Company shall not be liable for the accidental destruction, loss or damage of the Product.
3.3 The Product by the Company is delivered when the Client signs this General Terms and Conditions of Delivery and Payment and pays the order or invoice.
4. Security I 4.1 Company retains ownership of the Product until full payment of the purchase price as well as all claims from the current business relations with the customer, including interest, reminder charges, debt collection costs, court costs and the like. 4.2 The Client cannot resell the delivered Products.
5. Distribution I 5.1 The Client can become the official Distributor of the Company Products upon the written agreement with the Company.
6. Purchase price I 6.1 The agreed prices are fixed and the order or invoice payment by the Company needs to be executed by the Client so that the Product of the Company is delivered. The purchase price shall be paid exclusively in the agreed currency. Any other ancillary cost is not included in the price and will be charged separately. Any fees, taxes, customs duties or other charges in connection with the delivery shall be borne by the customer.
6.2 Company may reduce or increase Product prices during the term of the contract. In the event of a price increase, the customer shall be entitled to withdraw from the contract by written declaration within three working days after receipt of the notification of the price increase. Deliveries made before receipt of the notice of withdrawal shall not be covered by the withdrawal.
6.3 Unless otherwise agreed, all payments shall be due in the full amount upon delivery or acceptance of the Product.
6.4 Company receives invoice payments for the Products via Blockchain or Bank transfer.
6.5 If the Client defaults on the payment of an invoice or if circumstances exist which raise doubts about the Client's creditworthiness (payment defaults, ongoing debt collection, bankruptcy proceedings, deferral proceedings, restructuring, mass redundancies, negative balance, strikes, etc.), Company shall be at liberty, optionally or also cumulatively, to make all outstanding services immediately due and payable and to suspend further Products or to provide them only on advance payment. Alternatively, the Company shall also be entitled to withdraw from all contracts not yet completely fulfilled and to claim compensation for the damage resulting from the default of the contract (positive or negative contractual interest).
6.6 In the event of default, the Client undertakes to reimburse us for any reminder and collection expenses incurred, including lawyers and court costs. In addition, any further damage, in particular also the damage resulting from the fact that correspondingly higher interest accrues on any credit accounts on our part as a result of non-payment, shall be compensated irrespective of fault.
6.7 Our invoices are due immediately and payable without a discount. Any discount has to be specifically agreed upon in writing.
6.8 The maximum time for paying the invoice per the offer is 10 working days. Otherwise, the offer becomes invalid and the Company will issue a new one.
7. Product inspection I 7.1 The Client shall inspect the Product immediately upon receipt.
7.2. Obvious Product defects shall be notified to the Company within five calendar days upon Product receipt. The notice of the Product defect needs to be delivered in written form by registered mail and must precisely describe the type and extent of the defect.
7.3 If defective Products are delivered, we shall be allowed to remedy the defect or to make a substitute delivery, unless this cannot reasonably be expected from the Client. In case we are unable to accomplish this, the Client may withdraw from the contract.
7.4 Any claims and costs regarding the subsequent performance, the recession of the contract, or damages because of defective Products are excluded.
8. Product installation, training and support
8.1 Product is installed by the Company.
8.2 The Company carries out training for seven days, one hour daily. After seven days, the Client gets training videos and 24/7 customer support and updates from the Company.
8.3 Support is provided by the Company 24/7 in WhatsApp. Support ensures that the Client understands how to generate leads with our software and that the software performance is running smoothly. The Client gets the latest updates, features, and business advice.
9. Warranty I 9.1 The Company guarantees the proper composition of the delivered Products and their suitability for the expressly guaranteed purpose. The guarantee is given at the time of transfer of the Product.
10. Confidentiality I 10.1 The Client and the Company will keep all mutual and separate commercial and technical data for business activities, which become strictly confidential, and will not disclose them to third parties. If this happens, termination of the Terms shall take effect.
11. Compliance I 11.1 The Client undertakes not to deal with or in any other way cooperate, either directly or indirectly, with any terrorist organizations or any other criminal organizations. If this happens, the Client undertakes to compensate for any loss or compensate the Company for court costs that result in the termination of the Terms.
12. Place of performance and jurisdiction, miscellaneous I 12.1 Disputes that may arise in connection with the application of this General Terms and Conditions of Delivery and Payment, which the contracting parties will not be able to resolve amicably are subject to the court in the country of registered business of the Company.
12.2. This General Terms and Conditions of Delivery and Payment is made in 2 (two) identical copies of which each party retains one copy. As a sign of acceptance of all rights and obligations hereunder General Terms and Conditions of Delivery and Payment, the contracting parties sign it in their own hands.