General Terms and Conditions

§ 1 Scope

(1) These general terms and conditions (GTC) apply to all contracts for IT consulting, software development, hosting, operations and maintenance between Anton Anders, ANDERS IT, Wittenberger Str. 91b, 04849 Bad Düben, Germany (the "Provider") and his customers.

(2) The Provider's services are aimed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law. Contracts are not concluded with consumers.

(3) Deviating or supplementary terms of the customer only become part of the contract if the Provider has expressly agreed to them in text form.

§ 2 Conclusion of Contract

(1) Offers by the Provider are non-binding unless expressly designated as binding.

(2) A contract is formed when the customer accepts an offer by the Provider in text form or the Provider confirms an order of the customer in text form. The scope of services is determined by the service description in the respective offer or order confirmation.

§ 3 Services

(1) The Provider renders services in the areas of IT consulting, custom software development, hosting and operation of open-source applications, and maintenance and further development of software.

(2) Whether a service is owed as a service obligation (activity) or as a work obligation (owed result, e.g. delivery of software ready for acceptance) follows from the respective offer. In case of doubt, consulting, operations and maintenance are service obligations.

(3) The Provider may use carefully selected subcontractors for performance. He is responsible for their services as for his own.

§ 4 Customer's Duties to Cooperate

(1) The customer provides, in good time and free of charge, all information, content, access and contact persons required for the performance of the services.

(2) Unless the Provider is expressly engaged for data backup, the customer is responsible for backing up his data in line with the state of the art.

(3) Delays caused by omitted or late cooperation of the customer are not attributable to the Provider; agreed dates shift accordingly.

(4) Additional effort incurred by the Provider due to omitted, late or faulty cooperation of the customer may be charged at the agreed rates or, failing that, at the Provider's usual rates.

§ 5 Remuneration and Payment

(1) The remuneration agreed in the offer applies. All prices are net plus applicable statutory VAT.

(2) Unless agreed otherwise, invoices are payable within 14 days of receipt without deduction. The Provider may request reasonable instalment payments; time-and-material work is invoiced monthly. In case of default, the statutory rules apply; the Provider may additionally withhold further services until due invoices are settled.

(3) The customer may only set off claims that are undisputed or established by final judgment. This does not apply to counterclaims that stand in a reciprocal relationship with the principal claim under the same contract.

(4) For recurring services (e.g. hosting, operations, maintenance) the Provider may adjust the remuneration with three months' notice in text form. In the event of an increase, the customer may terminate the affected contract with effect from the date the increase takes effect (special termination right); the Provider points this out in the notice.

§ 6 Dates and Deadlines

Delivery and performance dates are only binding if expressly agreed as binding in text form. § 4(3) remains unaffected.

§ 7 Term and Termination

(1) Unless agreed otherwise, contracts for recurring services (e.g. hosting, operations, maintenance) run for an indefinite period and may be terminated by either party in text form with three months' notice to the end of a calendar month.

(2) The right to extraordinary termination for good cause remains unaffected.

(3) At the end of the contract, the Provider makes the customer's data available in a common, machine-readable format and, on request, supports the migration to another provider or to self-operation; the support effort is remunerated at the agreed rates. There is no right of retention over the customer's data.

(4) If the customer freely terminates a contract for a work result before its completion, the Provider's claim to remuneration remains in place in accordance with § 648 sentence 2 BGB.

§ 8 Acceptance of Work Results

(1) The customer accepts work results upon completion. Insignificant defects do not entitle the customer to refuse acceptance.

(2) If, within 14 days of provision, the customer neither declares acceptance nor names specific defects in text form, or if the customer puts the service to productive use, the service is deemed accepted. The Provider points out this effect upon provision.

§ 9 Rights of Use

(1) Upon full payment of the agreed remuneration, the customer receives a temporally and geographically unlimited, transferable right to use software created individually for the customer for the contractually intended purposes. Until full payment, a simple, revocable right of use applies. Any further grant of rights (e.g. exclusivity) requires express agreement.

(2) Pre-existing tools, libraries and reusable components of the Provider remain his property; the customer receives a simple, perpetual right of use in them to the extent required for using the contractual service.

(3) Open-source components used are subject to their respective open-source licences, which take precedence over these GTC in that respect. The Provider will identify significant components used upon request.

§ 10 Warranty

(1) For work results, the Provider first provides supplementary performance (repair or new production, at his choice). If supplementary performance fails twice, the customer is entitled to the statutory rights.

(2) Obvious defects must be notified in text form within 14 days of provision; otherwise the service is deemed approved in that respect. For hidden defects, the notification period runs from discovery.

(3) The limitation period for defect claims regarding work results is twelve months from acceptance. This does not apply in cases of fraudulent concealment of a defect or in the cases of § 11(1); in those cases the statutory periods apply.

(4) No warranty exists for defects caused by interventions of the customer or third parties in the service, by a deviating system environment, or by omitted cooperation.

§ 11 Liability

(1) The Provider is liable without limitation in cases of intent and gross negligence, for damage resulting from injury to life, body or health, and under the German Product Liability Act.

(2) In cases of simple negligence, the Provider is only liable for the breach of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely), limited to the foreseeable damage typical for the contract.

(3) Liability for data loss is limited to the recovery effort that would have been incurred with proper and regular data backups by the customer; this does not apply where the Provider has contractually taken over data backup.

(4) Any further liability is excluded. Where the Provider's liability is excluded or limited, this also applies to the personal liability of his employees, representatives and vicarious agents.

§ 12 Confidentiality

Both parties treat all trade and business secrets and information marked as confidential obtained in the course of the cooperation as confidential and use them only for the performance of the contract. This obligation survives the end of the contract.

§ 13 Data Protection

Both parties observe the applicable data protection provisions. Where the Provider processes personal data on behalf of the customer (e.g. in hosting or operations), the parties conclude a data processing agreement pursuant to Art. 28 GDPR. Details of data processing on this website are governed by the privacy policy.

§ 14 References

The Provider may name the customer as a reference, including name and logo, unless the customer objects in text form. Substantive statements about the project are made only with the customer's consent.

§ 15 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the Provider's registered seat.

(3) Amendments and supplements to the contract require text form; this also applies to any amendment of this text-form requirement.

(4) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.