General terms and conditions of business
1. Scope and definitions
1.1.
For the business relationship between Sven Schaller, Karlsbader Straße 2, 68799 Reilingen (hereinafter referred to as
“PROVIDER”) and the CUSTOMER (hereinafter referred to as “CUSTOMER”, together also referred to as “the
Parties”) for contracts for the provision of (consulting) services, these
General Terms and Conditions.
1.2.
Contradictory, deviating or supplementary general terms and conditions of the CUSTOMER will not be
Part of the contract, unless the PROVIDER expressly agrees to their validity. These General Terms and Conditions
Terms and Conditions shall also apply if the PROVIDER is aware of conflicting or
General Terms and Conditions deviating from the CUSTOMER's terms and conditions, the CUSTOMER carries out services without reservation.
1.3.
The version of the General Terms and Conditions valid before the services are used shall be decisive.
PROVIDER's terms and conditions.
1.4.
These Terms and Conditions also apply to all future service relationships between the PROVIDER and the CUSTOMER (in
connection with the service offered), without there being an explicit inclusion
requirement.
1.5.
If the generic masculine is used in the following provisions, this applies only
purely for the sake of simplicity, without any value judgment being attached.
2. Subject of the service
2.1.
The specific scope of services always results from the individual offer of the PROVIDER and the
relevant individual agreement between PROVIDER and CUSTOMER.
2.2.
The content of the services is usually agreed upon in advance (in writing, by telephone
and/or by electronic communication). Irrespective of this, the final decision regarding the
conceptual and design implementation of the services by the PROVIDER.
2.3.
The legal review of ideas, concepts or other work results, in particular with regard to their
Legal admissibility under copyright, competition or trademark law provisions is only
Subject of the services, if this has been expressly agreed in writing and the CUSTOMER has
covers any costs incurred.
2.4.
If the subject of the order is a work contract, the CUSTOMER has the contractual service
within 7 days as contractually agreed (acceptance). If the CUSTOMER does not declare within this
deadline for conformity to the contract, the service shall be deemed to be in accordance with the contract (fictitious acceptance).
2.5.
Deadlines for service provision promised by the PROVIDER are, unless explicitly stated in writing
agreed, are not binding and are always subject to sufficient cooperation by the
Customers.
2.6.
The services of the PROVIDER are always provided on the basis of the technical standards known and common at the time of conclusion of the contract.
Status. Should, after conclusion of the contract, due to new and/or updated software versions of
If adjustments (“relaunches” or “updates”) are required by third parties (or similar), these are, unless
explicitly agreed within the framework of an update and maintenance contract, from the provider's range of services in advance
expressly not included.
2.7.
The PROVIDER is entitled to engage third parties as auxiliary persons to fulfil individual or all contractual obligations
and/or subcontractors (external service providers).
3. Conclusion of contract
3.1. The contract between the PROVIDER and the CUSTOMER can be concluded by telephone, in writing or in text form
take place.
4. Customer’s obligations
4.1 The CUSTOMER undertakes to provide the necessary cooperation obligations required to fulfil the
contractual main performance obligations are necessary and for the fulfilment of which he has been provided by the PROVIDER
In case of a breach of this obligation by the CUSTOMER, the PROVIDER shall be released from its
Exempt from obligation to perform.
4.2 The CUSTOMER is responsible for all content provided by him and must ensure that
that the contents are not encumbered by the rights of third parties and do not violate applicable law (in particular copyright,
competition, trademark, criminal, youth protection, data protection or similar laws). The PROVIDER is not responsible for
Review of the contents is mandatory.
5. External costs
5.1. External costs are all material and operating costs, fees, insurance, licenses and fees that
the PROVIDER pays to third parties within the scope of the contractual services for the customer. External costs, if applicable, plus
Handling fee, which the PROVIDER passes on to the CUSTOMER.
6. Remuneration
6.1.
The services of the PROVIDER are based on the terms and conditions applicable at the time of conclusion of the contract.
The remuneration shown in the service description and/or price list shall be paid unless an agreement between the
The remuneration agreed upon individually between the parties is owed. All prices are subject to VAT.
German statutory sales tax.
6.2.
Whether and to what extent correction loops are included in a flat-rate fee, as well as the possible number
The number of correction loops is defined in the offer. Further changes are subject to a fee; the PROVIDER will
make an offer regarding any additional changes.
6.3.
Additional costs for which the CUSTOMER is responsible or which arise due to unforeseen circumstances shall be borne by
The CUSTOMER shall be liable in full. This includes, but is not limited to, additional costs due to
modified or additional services at the CUSTOMER's request. The PROVIDER shall provide these additional
Costs will be invoiced to the CUSTOMER subsequently and separately based on the actual costs incurred.
6.4.
The CUSTOMER’s obligation to pay remains in force in cases where the service is provided for reasons not covered by the
PROVIDER cannot be carried out for reasons attributable to him.
7. Payment methods / deposit
7.1.
By placing an order, the CUSTOMER is, unless otherwise agreed (e.g. monthly or
payment in installments), is obliged to pay a deposit of 50% of the agreed remuneration. The remaining payment in the amount of
of 50% plus any additional costs is due after service has been provided.
7.2.
Payments are due immediately upon invoicing and, unless otherwise agreed, must be made within 14 days.
7.3.
Payment is only possible by invoice.
8. Liability for damages
8.1.
The PROVIDER is liable, regardless of the legal basis, within the framework of the statutory provisions only according to
Subject to the following regulations.
8.2.
The PROVIDER is liable without limitation for damages resulting from injury to life, body or health,
which are based on intent or negligence on the part of the PROVIDER or one of its legal representatives or vicarious agents
In addition, the PROVIDER is liable for damages resulting from intent or gross negligence on the part of the PROVIDER
or one of its legal representatives or vicarious agents as well as for damages due to the
Non-compliance with a guarantee or assured property given by the PROVIDER or due to fraudulent
concealed defects.
9. Contract term
9.1.
The contract is for the term agreed in the individual contractual agreement (initial term)
closed. Early termination is excluded.
9.2.
If the agreed service represents a continuing obligation (e.g. the maintenance and update packages),
The initial term is 12 months. The contract term is extended, unless explicitly agreed otherwise,
for the agreed initial term, if they are not cancelled 3 months before the end of the initial term or the respective
Contract extension is terminated by one party in writing (email is sufficient).
10. Delay
10.1.
Any deadlines for the provision of services by the PROVIDER shall in any case not begin before the agreed
The down payment of the remuneration has been paid by the CUSTOMER and all necessary
The CUSTOMER’s cooperation has been comprehensively provided.
10.2.
If the CUSTOMER is in arrears with payments due, the PROVIDER reserves the right to withhold further services until
not to carry out the payment due.
10.3.
The PROVIDER is entitled to terminate the contract if there is an important reason according to § 626 I BGB and
to discontinue all services. An important reason exists in particular if the CUSTOMER
agreed installment payment is in arrears with an installment due to the PROVIDER. The PROVIDER is
entitled to claim the entire remuneration that would be due until the next ordinary termination date as
In this case, the PROVIDER must be entitled to deduct what
he saves on expenses or fails to acquire them.
11. Data protection, confidentiality
11.1.
The processing of personal data to fulfill the contractually agreed services is carried out in accordance with
national and European data protection laws. Beyond this, no data will be passed on to
Third.
11.2.
The contracting parties undertake to disclose to the other parties any information which has become known to them during the execution of the contract and
non-obvious or generally accessible information or documents from the area of other
This obligation of confidentiality shall continue to apply even after the termination of the
contractual relationship continues.
12. Copyright
12.1.
The PROVIDER transfers the respective usage, performance protection and other rights to the agreed services
Rights in material, spatial and temporal form.
12.2.
If the CUSTOMER claims additional rights to the PROVIDER’s services, this must be done separately.
The amount of additional remuneration depends on the scope, location and duration of the
Use and economic importance.
12.3.
The granting of rights to services of the PROVIDER applies only to the services actually implemented by the CUSTOMER and
paid work results, but not for proposals rejected by the CUSTOMER; the rights of use
remain with the PROVIDER without restriction.
12.4.
The right to process the agreed services is not granted.
12.5.
All content and services provided within the scope of the contract are protected by copyright
protected.
13. Reference
13.1 The PROVIDER may name the CUSTOMER as a reference in any media. This includes the naming and
Use of any protected trademarks, names, or logos. The PROVIDER is not obligated to name them.
14. Right of withdrawal
14.1.
The PROVIDER concludes contracts exclusively with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), so that a legal
There is no right of withdrawal.
14.2. General provisions
14.3.
There are no subsidiary agreements to these Terms and Conditions and they must be in writing in order to be valid.
also applies to the amendment of this provision itself.
14.4.
The possible invalidity or ineffectiveness of one or more provisions of these Terms and Conditions shall not affect the
The validity of the remaining provisions. The parties undertake to replace the invalid provision by a
to replace it with an effective provision that corresponds economically and legally to the intended regulation.
comes closest.
14.5.
The PROVIDER reserves the right to amend these General Terms and Conditions for important reasons
to change at any time, unless the change is unreasonable for the CUSTOMER.