(1) These General Terms and Conditions (GTC) apply to all contracts between Frederik Willem Grimm (hereinafter "Contractor") and his clients for IT services, unless otherwise agreed in writing in individual cases.
(2) Deviating conditions of the client are not recognized unless the Contractor expressly agrees to their validity in writing.
(1) The subject of the contract is the IT services specified in the individual contract or offer, such as software development, IT consulting, system administration, or website creation.
(2) The Contractor shall provide his services according to the current state of the art and with the diligence customary in the industry.
(1) Offers from the Contractor are non-binding and subject to change.
(2) A contract is concluded upon the client's written acceptance of an offer or upon the Contractor's written order confirmation.
(1) Remuneration shall be based on the rates agreed in the individual contract (hourly, daily, or flat fee).
(2) Pursuant to § 19 UStG (German VAT Act), no value-added tax is charged. All stated prices are final prices.
(3) Invoices are due for payment without deduction within 14 days of the invoice date.
(4) Travel costs and other expenses will be invoiced separately after prior agreement.
(1) The client is obliged to provide the Contractor with all information, data, and documents necessary for the provision of services in a timely and complete manner.
(2) The client shall appoint a responsible contact person who is responsible for coordination and making necessary decisions.
(3) If the client does not fulfill his obligations to cooperate or does not do so in a timely manner, agreed deadlines shall be extended accordingly.
(1) If the Contractor's service consists of the creation of a work (e.g., software), an acceptance by the client shall take place after completion.
(2) The client is obliged to inspect the work within 10 working days of provision and to declare acceptance. The work shall be deemed accepted if the client uses the work without complaining of significant defects or does not refuse acceptance within the period for stated reasons.
(1) Upon full payment of the agreed remuneration, the Contractor grants the client the non-exclusive, perpetual, and worldwide right to use the services and work results for the contractually intended purpose.
(2) A transfer of the rights of use to third parties requires the written consent of the Contractor.
(3) The source code remains the property of the Contractor, unless otherwise agreed.
(1) The Contractor shall be liable without limitation for damages caused intentionally or by gross negligence by him or his vicarious agents.
(2) In the case of slight negligence, the Contractor shall only be liable for the breach of essential contractual obligations (cardinal obligations) and only for the foreseeable damage typical for the contract.
(3) Liability for data loss is limited to the typical recovery effort that would have occurred with regular and risk-appropriate creation of backup copies.
(4) Liability under the Product Liability Act remains unaffected.
Both parties undertake to treat all business and trade secrets of the other party obtained in the course of the cooperation as confidential and not to disclose them to third parties. This obligation shall continue to exist after the termination of the contract.
(1) The law of the Federal Republic of Germany shall apply.
(2) The place of jurisdiction for all disputes arising from this contractual relationship is the registered office of the Contractor, provided the client is a merchant, a legal entity under public law, or a special fund under public law.
(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.