CLM terms (rental and service agreements)
As of 29 October 2026
This translation is provided for information. Only the German version of these terms is legally binding.
§ 1 Scope
These General Terms and Conditions apply to all rental and service agreements between RW Smart Solution GmbH (“RW Smart Solution”) and its customers for the provision of the CLM software and related services. Conflicting terms of the customer apply only if RW Smart Solution has expressly agreed to them in writing.
§ 2 Conclusion of contract
Offers from RW Smart Solution are subject to change and do not constitute a binding declaration of intent. A contract is concluded only when the customer places an order in text form (in writing, by email or through the order form at rw-smart.de/clm) and RW Smart Solution confirms it.
§ 3 Scope of services and right of use
The subject of the contract is the provision of the CLM software for use under the agreed rental model. The customer acquires no ownership or licence rights in the software; for the term of the contract, the customer is granted a non-exclusive, non-transferable right of use. The right of use ends when the contractual relationship ends, and RW Smart Solution is entitled to block access to the software.
§ 4 Prices and payment terms
All prices are net, plus the statutory VAT applicable at the time. Invoices are payable in full without deduction within 14 days of invoicing. If the customer defaults on payment, RW Smart Solution is entitled to charge default interest of 8 percentage points above the applicable base rate of the European Central Bank; the right to claim further damages for default remains unaffected.
§ 5 Term and termination
The minimum term for rental licences is 12 months. The contract renews automatically for a further 12 months each time unless it is terminated with 3 months’ notice to the end of the current term. The right to terminate for good cause remains unaffected.
§ 6 Software service (SSV) and support
The support included in the SSV covers updates and upgrades and access to technical support by email and phone during regular business hours (Monday to Friday, 08:00 to 16:00); the scope of phone support depends on the package booked.
§ 7 Additional services
Services not covered by the SSV are charged by time spent and billed in 15-minute increments. For work outside regular business hours, the following surcharges apply to the agreed hourly rates: Monday to Friday (06:00 to 08:00 and 16:00 to 22:00) 25%, Saturday (08:00 to 18:00) 50%, Sundays and public holidays (08:00 to 18:00) 100%.
§ 8 Liability
RW Smart Solution is liable without limitation for intent and gross negligence and under the German Product Liability Act. For slight negligence, RW Smart Solution is liable only for breach of essential contractual obligations (cardinal obligations), limited to the foreseeable damage typical for the contract. Liability is otherwise excluded.
§ 9 Data protection
RW Smart Solution processes the customer’s personal data only to perform the contract and in accordance with the General Data Protection Regulation (GDPR). Further information is given in RW Smart Solution’s privacy policy.
§ 10 Final provisions
The law of the Federal Republic of Germany applies. Place of performance and place of jurisdiction is Berlin, to the extent permitted by law. Changes and additions to this contract must be made in writing; this also applies to waiving this written-form requirement. Should any provision of these terms be invalid, the validity of the remaining provisions is unaffected.