1. General, scope of application
1.1 Unless otherwise provided for in these Special Terms of Contract, the General Terms and Conditions of INNOVENT e.V. Jena shall apply.
1.2 In INNAP (INNovative User Projects), INNOVENT develops current, practice-oriented topics for participating companies with the aim of identifying the potential and suitability of techniques and methodological approaches for company specific questions. The project is financed exclusively by contributions from the participating companies (hereinafter referred to as participants or project participants).
1.3 Die Arbeiten sind grundsätzlich ergebnisoffen. INNOVENT verpflichtet sich zu engagierter Arbeit entsprechend den Regeln der wissenschaftlichen Sorgfalt; eine Haftung für die technische Realisierbarkeit der Projekte wird von INNOVENT nicht übernommen.
2. Conclusion of contract
2.1 The INNAP Special Terms and Conditions of Contract come into force with the legally binding signed application for participation in an INNAP project and end with the expiry of the agreed project duration, unless participation has been cancelled or otherwise terminated beforehand.
2.2 In the context of INNAP, individual agreements can also be concluded between INNOVENT and a project participant in which individual services are agreed upon.
2.3 If there is a large number of interested companies, it may be necessary to limit the number of participating companies in the interest of efficient project processing. In this case the companies will be given preference according to the time of receipt of their application.
3. Extraordinary termination
3.1 The regular termination of the participation in INNAP is excluded. The right of extraordinary termination remains unaffected.
3.2 INNOVENT may make the start of the project dependent on a minimum number of participants. If the number of participants is not reached, INNOVENT is entitled to cancel the project and to terminate the agreements made with INNAP.
3.3 INNOVENT is further entitled to terminate the contract if several project participants withdraw from the contract so that there is no financial basis left to achieve the agreed project services for the remaining participants or the circumstance occurs that the results show that the objectives of INNAP cannot be achieved or can only be achieved with disproportionate effort.
3.4 An extraordinary termination must be submitted to INNOVENT in written form. The important reasons must be explained. The participants will be informed immediately of the termination.
4. Provision of services/time of service
4.1 INNAP starts with the kick-off meeting and ends with the final meeting.
4.2 INNOVENT is committed to carrying out coordinated tasks and subtasks. The type and scope of tasks are initially determined by the project flyer and the project contents, scope of work and time schedules presented by INNOVENT at a kick-off meeting or jointly determined by the project participants, including all updates as the project progresses.
4.3 INNOVENT is entitled to change the work plan after consultation with the project participants, if new aspects arise during the course of the project that conflict with the planned work.
5. Additional company-specific services
5.1 For work on topics or research subjects that go beyond the agreed project framework or concern details that are only relevant to individual project participants (e.g. research into special
products or methods, company-specific test series), additional individual agreements are required. Such company-specific services provided within INNAP by INNOVENT cannot be offset against the project fee. Such work content and results will be treated confidentially by INNOVENT also towards the other project participants.
5.2 If company-specific additional work is incurred within INNAP that exceeds the agreed scope, INNOVENT may charge for this additional work in addition. In this case, the project participant concerned will receive a quotation in advance, indicating the additional costs.
6. Lateral entrants
6.1 Interested companies have the opportunity to participate in INNAP even after the start of the project, provided that capacities are available.
6.2 Companies that join after the project start also owe the full project contribution.
7.1 The project contribution is due with the invitation to the start event and is payable to INNOVENT by the day of the start event.
7.2 INNOVENT reserves the right to exclude companies from the start event if payment is not made by the agreed payment date.
8. Project results
8.1 INNOVENT commits itself to make the project results exclusively available to the project participants during the project period. INNOVENT reserves the right to allow third parties to use the results after the end of the project.
8.2 All work is currently documented by INNOVENT and the results will be made available exclusively to all project participants for the entire duration of the project. For this purpose, an appropriate data management with protected internet access and password protected data transfer is agreed upon.
8.3 The project participants are not allowed to transfer the data made available to them by INNOVENT to third parties or to allow third parties access to the project results.
9. Property rights
9.1 In the case of inventions that are jointly developed during the project, the respective participant and INNOVENT shall have equal rights.
9.2 INNOVENT guarantees not to apply for industrial property rights on inventions, ideas and contents that have been submitted to INNOVENT by participants.
9.3 INNOVENT may exercise intellectual property rights, in particular patents and trademarks as well as register a design pattern for its results, namely ideas, technical solutions and inventions that are worthy of protection, which have been researched and developed within INNAP.