(1) These General Terms and Conditions shall apply exclusively to contracts between
Armin Gütlich (hereinafter referred to as the "Contractor")
and entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law or special funds under public law (hereinafter referred to as "Client").
(2) Conflicting, deviating or supplementary terms and conditions of the Client shall not apply unless their validity is expressly agreed to in writing.
(3) These GTC shall also apply to all future business relationships of the same kind, without the need for further reference.
1) The subject matter of the contract is IT consulting, consulting, analysis, project, support and management services or similar in the IT environment.
(2) A sale, delivery or transfer of goods is expressly not the subject of the contract.
(3) Unless expressly agreed in writing, the Contractor does not owe any concrete economic or technical success, but the professional provision of the agreed services in accordance with the state of the art.
(1) Offers by the Contractor are subject to change unless they are expressly designated as binding.
(2) A contract is concluded by written order confirmation, by signing an offer or by the actual commencement of the provision of services.
(3) Oral ancillary agreements shall require written confirmation in order to be effective.
(1) The Client undertakes to provide all information, documents, access and contact persons required for the provision of services in a timely and complete manner.
(2) Delays or additional expenses resulting from a breach of these obligations to cooperate shall be borne by the Client and may be charged separately.
(1) Remuneration shall be based on the agreed daily rates, hourly rates, flat rates or fixed prices plus statutory value added tax.
(2) Travel expenses, expenses and other ancillary costs shall be charged separately unless otherwise agreed.
(3) Invoices are due for payment within 14 calendar days from the date of invoice without deduction.
(4) In the event of default of payment, the Contractor shall be entitled to demand default interest in accordance with Section 288 (2) of the German Civil Code (BGB).
(1) The Contractor shall be entitled to use qualified subcontractors for the provision of services.
(2) Unless otherwise agreed, services may be provided on-site, remotely or hybridly.
(3) Dates and schedules are non-binding, unless they have been expressly agreed to be binding.
(1) Defects must be reported by the Client in writing without delay.
(2) In the event of justified defects, the Contractor shall be entitled to subsequent performance within a reasonable period of time.
(3) Consultancy and consulting services constitute services; a guarantee for a specific success is excluded.
(1) The Contractor shall be liable without limitation in the event of intent and gross negligence as well as in the event of damage resulting from injury to life, limb or health.
(2) In the event of simple negligence, the Contractor shall only be liable in the event of a breach of essential contractual obligations and limited to the foreseeable damage typical of the contract.
(3) Liability for indirect damages, loss of profit, production downtime or loss of data is excluded, unless gross negligence or intent exists.
(4) The Client shall be responsible for regular data backups.
(1) The Client assures that it has all necessary rights to the data, software and systems provided.
(2) The Contractor's work results may be used exclusively for the Client's own purposes, unless otherwise agreed.
(1) Both parties undertake to keep secret all confidential information obtained in the course of the cooperation.
(2) This obligation shall also apply after the end of the contract.
(1) The parties undertake to comply with the applicable data protection laws, in particular the GDPR.
(2) If necessary, a separate agreement on order processing will be concluded.
(1) The Contractor shall subscribe to an NDA submitted by the Client in accordance with the type of contract.
(2) If necessary, the Client should provide the Contractor with appropriate equipment (laptop, tablet, smartphone) in order to comply with data protection and compliance. The equipment remains the property of the client, the contractor uses it exclusively for the fulfilment of the order.
(3) The Contractor may use its own equipment at the express request of the Client. This will be charged separately by agreement.
(1) The term of the contract results from the respective agreement.
(2) Continuing obligations may be terminated with a notice period of 4 weeks to the end of the month, unless otherwise agreed.
(3) The right to terminate without notice for good cause shall remain unaffected.
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of jurisdiction shall be – to the extent permitted by law – the place of business of the Contractor.
(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
