Team Nifty - Bring all your business processes into one system [ Skip to content ](#main-content) [ Team Nifty ](https://team-nifty.com/en) [ Home ](https://team-nifty.com/en) [ Nuxbe ](https://team-nifty.com/en/nuxbe) [ Products & Services ](https://team-nifty.com/en/produkte) [ Customized Solutions ](https://team-nifty.com/en/customized-solutions) [ Web Development ](https://team-nifty.com/en/web-development) [ Contact ](https://team-nifty.com/en/kontakt) [ Free consultation ](https://team-nifty.com/en/kontakt) [ DE ](https://team-nifty.com/de/agb) [ ](tel:+4983193065560) [ Home ](https://team-nifty.com/en) [ Nuxbe ](https://team-nifty.com/en/nuxbe) [ Products & Services ](https://team-nifty.com/en/produkte) [ Customized Solutions ](https://team-nifty.com/en/customized-solutions) [ Web Development ](https://team-nifty.com/en/web-development) [ Contact ](https://team-nifty.com/en/kontakt) [ Free consultation ](https://team-nifty.com/en/kontakt) [ Deutsch (DE) ](https://team-nifty.com/de/agb) Terms and Conditions ==================== I. Scope -------- These Terms and Conditions apply to all contracts between Team Nifty GmbH (Salzstraße 11, 87435 Kempten) and their contractual partners. Services are exclusively provided to businesses according to § 14 BGB. Deviating regulations require written consent. II. Contract Formation, Changes ------------------------------- Contracts are formed through mutual confirmation of binding offers. Team Nifty only owes the agreed service, not a specific economic success. For websites, texts and images are only provided if expressly agreed. Service changes require text form agreement and may lead to adjusted compensation and shifted deadlines. If our service consists of providing software for use over the internet (ASP services) or storage space for data, websites or other content, our Special Terms and Conditions for Hosting and ASP (see below) apply additionally. III. Cooperation ---------------- Both parties appoint responsible contacts with decision-making authority. These are available at short notice on weekdays from 9 am to 6 pm. Team Nifty considers prerequisites available at the partner, insofar as these are agreed in writing. IV. Third Parties ----------------- Team Nifty may involve third parties at its proper discretion; responsibility remains unchanged. If third parties are involved at the customer's special request, Team Nifty is not liable for them or their services, except when expressly agreed and separately compensated. V. Obligations of the Contractual Partner ----------------------------------------- The contractual partner must: communicate all essential information in time; provide access data in time; provide templates whose use does not violate third-party rights; provide all necessary hardware and software as well as network access; check data for malware before submission; regularly back up data. Team Nifty's liability for data loss is limited to recovery costs with proper backup. VI. Acceptance -------------- The contractual partner must immediately check services and grant acceptance. Team Nifty may request interim acceptances. Acceptance is deemed granted if not refused with justification within 14 days or if the result is used. Minor defects do not prevent acceptance. Refusals require detailed description. Acceptances cannot be refused for aesthetic reasons, unless there is a deviation from written agreed results. VII. Deadlines -------------- Delivery deadlines are agreed according to anticipated service capacity and are subject to unforeseen circumstances (force majeure, government measures, sabotage, third-party fault not attributable). Such events extend deadlines accordingly. Binding delivery deadlines require text form agreement. Team Nifty only defaults through written reminder (except for fixed-date transactions). The contractual partner must set a reasonable grace period for delay damages. VIII. Services -------------- These regulations apply to web design, internet-based applications and software development. Team Nifty appoints a project manager, the customer a contact person. Team Nifty is not obligated to perform system analysis and relies on complete customer information. The customer must specify all requirements before contract conclusion. Detailing of requirements is done for separate compensation with customer support. Change requests must be communicated in text form. Further adjustments after layout approval are considered service changes. For web content, the process is: 1) concept proposal, 2) block layout, 3) final website. The customer checks block layouts and communicates change requests. Texts, images and content are provided by the customer, unless contractually provided by Team Nifty. Media materials are licensed exclusively for the respective website. Deviating use requires separate agreement. Source codes are only provided with express written agreement. IX. Warranty ------------ Guarantees in the legal sense only exist with written guarantee agreement using the term "guarantee". Defect claims are excluded for faulty customer orders, files or third-party services not attributable. Otherwise, defect claims are limited to supplementary performance. The contractual partner reserves the right to reduction or withdrawal if supplementary performance fails. Defect claims expire within one year from transfer of risk (with exceptions for injury to life, body or health, intentional/gross negligence and fraudulent concealment). Team Nifty assures that service results are not encumbered with conflicting third-party rights to its knowledge. Team Nifty is not liable for service results not violating commercial property rights or competition law. Team Nifty is not obligated to check legality and is not liable for violations of competition, trademark, sign or copyright law. The contractual partner indemnifies Team Nifty from third-party claims for legal violations through customer changes, requests or provided templates. Warranty expires for changed service results, unless the contractual partner proves that the change is not causal for the defect. Team Nifty may demand compensation for defect examination, insofar as claims are unjustified. X. Other Liability ------------------ Team Nifty is liable for intent and gross negligence according to law. Otherwise, Team Nifty is only liable for violation of essential contractual obligations (cardinal obligations), injury to life/body/health or assumed guarantees. For slight negligent cardinal obligation violation, liability is limited to the typical, foreseeable damage, maximum to the total compensation of the contract. Profit compensation claims are excluded. These limitations also apply to representatives, organs, employees and vicarious agents of Team Nifty. Liability for restrictions of our services caused by reasons outside our sphere of influence (e.g. disruptions of third-party networks or the internet, attacks or unlawful measures by third parties, software disruptions not caused by us, hardware and software defects outside our sphere of influence) is excluded. XI. Usage Rights ---------------- Team Nifty grants usage rights required for the intended purpose. Without deviating written agreement, simple, non-exclusive use is considered settled. Further uses (other media, geographical areas, editing, deviating periods) require express additional rights grant. Transfer and sublicensing require written consent. All rights to intermediate results remain with Team Nifty, unless agreed otherwise. For unauthorized use, the contractual partner owes compensation. Rights grants are subject to the condition precedent of full payment. Team Nifty may use third-party license material (software, digital images). The contractual partner may only use this within agreed usage and indemnifies Team Nifty for unauthorized use. Team Nifty may use service results for self-promotion (especially internet, as reference) even with exclusive rights grant, naming the contractual partner. XII. Prices and Payment ----------------------- For cost-based billing, monthly billing is done by Team Nifty (unless agreed otherwise). Claims become due with invoicing and are payable within 10 days without deductions. In case of default, Team Nifty is entitled to suspend services. Team Nifty retains ownership of service results until full payment of all claims. Offsetting by the contractual partner is only permissible for recognized or legally established counterclaims. Right of retention only exists for counterclaims from the same contract. Without fixed payment dates, Team Nifty may demand reasonable advance payments and suspend services if payment is not made on time. For outstanding services, Team Nifty may subsequently demand advance payment if creditworthiness is jeopardized or the contractual partner defaults on other invoices. If a contract cannot be performed due to circumstances not attributable, the contractual partner owes 50% of the service compensation as cancellation fee, minus saved expenses. The contractual partner may prove lower damage; Team Nifty may prove higher damage. XIII. Confidentiality and Retention Obligations ----------------------------------------------- Team Nifty is obligated to maintain known business secrets of the contractual partner with commercial diligence, even after contract end. Without paid archiving agreement, Team Nifty is not obligated to retain and release created and stored data after contract termination. XIV. Final Provisions --------------------- German law applies excluding UN sales law. Invalid provisions do not affect the validity of others. Place of performance and jurisdiction against merchants and legal entities is Team Nifty's registered office. **Status: 02/22** Special Terms and Conditions for Hosting & ASP -------------------------------------------------- These provisions apply in addition to the General Terms and Conditions above for services provided by Team Nifty as an Application Service Provider (ASP) and in the area of hosting. They apply only to businesses, legal entities under public law and special funds under public law. ### I. Definitions A "Service" is any service in which Team Nifty operates software for the customer on hardware provided by Team Nifty or its partners (ASP) and/or provides the customer with storage space for websites or other content. The contract is concluded upon Team Nifty's declaration of acceptance. Unless agreed otherwise, the contract runs for twelve months and renews for further twelve-month periods unless terminated in text form with a notice period of six months to the end of the respective term. ### II. Subject of Services The customer is not provided with any specific, physically separated storage space or dedicated hardware; however, Team Nifty keeps storage space and capacity available to the agreed extent. Team Nifty guarantees an average availability of the services of 97% per calendar year, unless agreed otherwise. Maintenance-related interruptions are announced with reasonable advance notice; urgent measures (e.g. critical security issues) may be carried out by Team Nifty immediately. Team Nifty may carry out maintenance windows of up to three hours twice per calendar month (announced at least one week in advance); maintenance windows do not count against the agreed availability. Team Nifty is not responsible for restrictions resulting from the websites or files hosted by the customer. Team Nifty may engage third parties to provide the services and may change the technologies used (servers, operating systems); the customer is informed of material changes in text form at least two weeks in advance. ### III. Independence If Team Nifty provides services in addition to the creation or adaptation of software or consulting services, these constitute separate contractual relationships. Withdrawal from or termination of the services does not affect the existence of the software or consulting contract. ### IV. Customer Obligations The customer is solely responsible for the data stored, published or processed via the services and for obtaining sufficient usage rights, and must not violate applicable law or third-party rights. In particular, the following are prohibited: distributing malware, covert or improper data collection, sending spam or chain letters, unsolicited advertising, the unlawful processing of third-party personal data, and the exploitation of third-party works in violation of intellectual property rights. The customer indemnifies Team Nifty against damages arising from legal violations for which the customer is responsible. Team Nifty is entitled to block or delete infringing content without prior notice and to block content until the factual and legal situation has been clarified. ### V. Scope of Use The customer may use the ASP services for its own business purposes to the agreed extent; subletting, other commercial exploitation and use contrary to the agreed purpose are prohibited. Excessive load on the servers must be avoided. The transfer of rights and obligations and use for or by third parties require Team Nifty's consent in text form. The services do not include data backup; the customer must back up its own data at appropriate intervals. In the event of data loss, liability is limited to the cost of recovery with proper backup. Termination of the services requires text form. Upon termination, Team Nifty may delete the data and will, upon request, provide it in a suitable format, provided the customer holds usage rights. Team Nifty is entitled to refuse the release of data as long as the customer is in default. ### VI. Data Protection Team Nifty processes personal data within the scope of the ASP services exclusively in accordance with the customer's instructions. Where required, the parties conclude a data processing agreement; a template is provided. For individual data processing agreements going beyond the statutory requirements, the customer reimburses the effort at an hourly rate of EUR 250.00 net, but at least EUR 250.00 net. ### VII. Prices and Payment The customer owes the agreed remuneration and bears the costs incurred on its side (e.g. for internet access). In the event of default, Team Nifty is entitled to block or interrupt the customer's content and the ASP services until all claims have been settled in full, and to switch the payment method to advance payment. ### VIII. Liability The liability provisions of the General Terms and Conditions above apply. **Status: 01/2022** ### Company Team Nifty With solutions for web applications and ERP systems as well as custom software development, Team Nifty helps companies systematize processes and reduce manual workflows. The result: structures in which data, processes and applications come together and you can steer your operations more clearly. ### Products - [ Nuxbe ](https://team-nifty.com/en/nuxbe) - [ Customized Solutions ](https://team-nifty.com/en/customized-solutions) - [ Web Development ](https://team-nifty.com/en/web-development) ### Contact - Address Team Nifty GmbH Salzstraße 11, 87435 Kempten, Germany - [ Phone +49 831 93065560 ](tel:+4983193065560) - [ Email info@team-nifty.com ](mailto:info@team-nifty.com) - [ Contact → ](https://team-nifty.com/en/kontakt) ### Legal - [ Imprint ](https://team-nifty.com/en/impressum) - [ Privacy Policy ](https://team-nifty.com/en/datenschutz) - [ Terms & Conditions ](https://team-nifty.com/en/agb) - [ Cookie Policy ](https://team-nifty.com/en/cookie-policy) - Cookie Settings © 2025 Team Nifty GmbH. All rights reserved.