Terms and Conditions

Contractual Basis

IT Hoot, owner and provider of the HootCore, enters into agreements and provides services exclusively based on offers prepared by IT Hoot in text or written form, including the relevant service descriptions, price lists, and these General Terms and Conditions (GTC) included in the offer.

Amendment of Contractual Elements

IT Hoot reserves the right to modify service descriptions, price lists, and GTC at its reasonable discretion. These changes will be communicated to the customer in at least text form and will be considered accepted if the customer does not object within one month. The customer will be informed of this legal consequence in advance.

Form of Declarations

Declarations must be made in text form unless a stricter or less strict form is specified in individual cases. "Text form" as per these GTC means a legible declaration where the declarant is named, made on a durable medium. A durable medium allows the recipient to store the declaration in a way that it remains accessible for a suitable period and can reproduce the declaration unchanged.

Additional Agreements

Any additional agreement must be in text form to be valid, including any deviation from this text form requirement.

Contractual Elements of Customer

Even if IT Hoot is aware of the customer's specifications regarding service content, these will only become part of the agreement if IT Hoot incorporates them into the offer or expressly accepts them. Legal elements from the customer, such as GTC or contractual clauses, will only be effective if accepted by IT Hoot with an additional note (e.g., "GTC accepted"). Otherwise, IT Hoot expressly objects to their inclusion.

Procedure in Case of Contradictions

In case of contradictions between the offer, service description, price lists, special Terms & Conditions (e.g., PaaS T&C), and these GTC, the documents shall apply in the stated order. Special contractual elements take precedence over general contractual elements.

Procedure in Case of Ineffectiveness

If any provision of the agreement is invalid or unenforceable, in whole or in part, the validity and enforceability of the remaining provisions remain unaffected. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that closely matches the economic purpose intended by the parties.

Offer by IT Hoot

IT Hoot submits offers in both individualized and non-individualized forms, such as order forms, catalogues, or through its web shop.

No Agreement with Consumers

IT Hoot concludes agreements exclusively with business entities.

Acceptance by Customer

The agreement is concluded when IT Hoot receives the customer's declaration of acceptance within the acceptance period specified in the offer or, if no such period was specified, at a time when IT Hoot could reasonably expect to receive it under normal circumstances.

The acceptance must be made at least in text form.