Terms and conditions
Please make sure that you have read our terms and conditions before signing up for a plan.
By ticking the “Accept” box in relation to the Terms and Conditions, you are legally bound by these Terms and Conditions. If you do not agree to these terms, you may not use the Service.
GS Software General Terms and Conditions
- You are the customer (“Customer”))
- GS Software House LLC operates under the name GS Software, the company (“Company”).
- The customer has a need for services; and
- The Company has an interest in performing such services for the Client; and
- The parties wish to determine the conditions under which these services will be provided to the customer.
- One development hour corresponds to 60 minutes
- A cycle is a defined number of days
- Planned hours are hours that are to be worked at least during a cycle.
- Limit hours are the maximum number of hours that can be logged during a cycle.
Both parties agree as follows:
Description of services
- The company offers services that are available within the framework of the selected plan for which the customer has registered. The plans are created individually based on the customer’s needs, but are usually based on target hours/cycles.
- The company will propose developers to the customer for a number of target hours/cycle based on their requirements and, after written acceptance by the customer, will make these available to the customer for the duration of the cycle. The company will ensure that the developer completes his target hours.
- The company will allocate the team resources agreed with the client to the client’s work tasks or projects.
- The working time is recorded with the online tool “Hubstaff”. After payment of the setup fee, the customer is given access to his assigned developers on Hubstaff. Hubstaff tracks the developers with screenshots, keystrokes, mouse movements and called resources.
- The recorded hours of a day are regarded as billable if “Hubstaff” reports an average activity > 60% for this day
The person registering for a timetable is the only person entitled to request changes or terminate the contract. If the customer wishes to authorise another person to do so, they must contact the company with their name and e-mail address and the company will add them to the approved list.
If the Customer no longer wishes this additional person(s) to have this authority, it is the Customer’s responsibility to inform the Company.
The Customer agrees to grant the Company a direct debit authorisation and authorises the Company to debit payments in accordance with the agreed payment cycle. The
The debit always takes place at the end of a cycle, 1 working day after receipt of the invoice – unless otherwise agreed in writing, the cycle applies as indicated on the Company’s website, which by default is 7 days first and 14 days for each cycle thereafter.
A cancellation can be made at any time, unused hours can be refunded. The contract ends at the end of the active cycle. The costs are chargeable and payable until the contract is cancelled by the customer or company.
The Company may increase prices at any time by giving at least month’s notice, provided that the increase does not exceed[10%] of the prices in force immediately before the increase.
Terms of payment/Cycle
- Setup costs must be paid immediately by direct debit or credit card.
- Recurring costs (cycle) must be paid by direct debit or credit card.
- Unless otherwise agreed, the first cycle is seven days and each cycle thereafter is fourteen days.
Tester and Project Manager
Tester and project manager additional services are limited to 20 minutes per target hour.
Included third-party services such as server costs are limited to a total of 0.5€ per billed debit hour. Costs incurred in addition will be charged to the customer.
Hourly billing / Hour transference
- The recorded hours of a day are regarded as billable if “Hubstaff” calculates an average activity > 60% for this day.
- It is the customer’s responsibility to allocate enough work to fill the agreed hourly and time frame budgets.
- Unused hours due to slow/missing communication or insufficient work allocation by the customer are carried over to the next cycle with a maximum total of 50% of a cycle time budget.
- If a developer is absent or cannot fulfill his target hours, 100% of the time is transferred. If a developer cannot work for more than five consecutive days, we offer a replacement.
- Unless otherwise agreed, limit hours are assumed to be 20% of the target hours.
- Used limit hours are offset against the following cycle. If the contract is terminated, the limit hours will be charged.
Suspension of service
The company has the right to stop providing services if payment is not received within  working days. If payment is still not received within  days, the Company has the right to delete the project from its servers so that it cannot be restored.
The customer is responsible for the provision of content. If no content or incorrect content is made available, this is not the responsibility of the company and will continue to be billed to the customer as agreed.
All provided contents must be property of the customer and may not violate copyrights.
The Customer shall indemnify the Company against all claims relating to any alleged infringement of copyright marks or designs.
All intellectual property rights for design work such as logo creation or business card creation are transferred to the client after completion and payment.
Registration of external services and APIs
Third-party services may be registered by the Company if they are deemed necessary. The Company will attempt to inform the customer in advance, but if it is deemed critical to continue the work, the Company may do so without express permission, as long as there are no immediate costs to the customer.
All domain names purchased by the Company for the Customer are the property of the Company and will remain the property of the Company even if the contract is terminated. The transfer of ownership to another supplier at the discretion of the customer is at the discretion of the Company.
Existing domain names & email addresses
In the event that the Customer already has a domain and/or email address that is then transferred to the Company for administration, the Company shall not be liable for any downtime or data loss during this process. This may include elements such as existing emails and contacts, existing calendar appointments and existing third-party websites. There is no guarantee that historical email will be available during migration. It is the customer’s responsibility to take the necessary precautions to ensure that a backup or archive is available once the transfer is complete.
Termination and Cancellation
- Installation costs are not refundable.
- Upfront costs are not refundable.
- The customer may terminate this contract at any time. The contract ends on the last day of the active cycle.
- The Company may terminate this Agreement at any time. The contract ends on the last day of the active cycle.
Limitation of liability
In no event shall the Company be liable for any special, indirect, incidental or consequential damages, loss of data, profits or revenues, cost of capital or downtime, or exemplary or punitive damages arising out of any claim or action, incidental or consequential damages, or any damages directly or indirectly related to the subject matter hereof, whether based on contract, tort, law, strict liability or otherwise, even if advised of the possibility of such damages.
- In this relationship, the company is the data processor and the customer is the data owner. The customer is responsible for GDPR and for ensuring that the processes are implemented correctly when required. For more information, see the ICO Guide to the General Data Protection Regulation.
- The company – the data processors will act only according to the documented instructions of a controller (the client).
- In order to implement its services, the company may use the services of
- Digital Ocean (digitalocean.com)
- Google Cloud API (cloud.google.com)
- Runcloud (runcloud.io)
- Amazon AWS (aws.amazon.com)
- Laravel Envoyer (envoyer.io)
- Deploybot (deploybot.com)
- Bitbucket (bitbucket.com)
- Github (github.com)
- Mailgun (mailgun.com)
- Mailtrap (mailtrap.io)
- Trello (trello.com)
- Jira (jira.com)
- to use. By using the service, the customer agrees to the way the respective service providers collect and use data. Details can be found in the data protection declarations of the respective providers.
The parties are independent and are not partners, principals and representatives or employers and employees, and the contract does not establish any joint venture, trust, trust company or other relationship between them except as expressly provided in the contract. Neither party shall be authorized to enter into any obligation on behalf of the other, nor shall it claim to be authorized.
The Company shall not be liable for any failure to perform this Agreement if such failure is due to causes beyond the reasonable control of such party, including, but not limited to, acts of terrorism, natural disasters, fire, storm, flood, earthquake, accident and persistent lack of energy. In the event of such delay, the delivery date or completion shall be extended by a reasonable period of time for the Company and the Customer. If the delay exceeds 60 days, Customer may terminate this Agreement immediately upon written notice to the Company.
The company may use the work results for advertising purposes without the prior consent of the customer. For example, but not limited to, on the portfolio site and or related social media accounts of GS Software House LLC, Klaus Gattringer and Grigory Shein.
Unless otherwise stated, time shall be decisive for a date or period specified in the Contract, only in relation to the Customer’s obligations.
If you have any questions or would like to discuss our terms and conditions further, please contact us.
GS Software House LLC
401 Ryland St STE 200 A
Reno NV 89502