(as of January 15, 2024)
§ 1 Principles
(1) These general terms and conditions regulate the general conditions for the Purchasing of services and works by Daniel Zutavern Digital Consulting, im The following contractor is named.
(2) The specific parameters of the respective order, such as the time The scope, location and type of implementation as well as remuneration are determined by means of a Offer submitted by the contractor or one submitted by the client Order agreed with the contractor.
§ 2 Provision of the service
(1) The contractor undertakes to carry out the order with due care to carry out. The contractor will follow the generally accepted rules and
observe the standards and procedures that apply specifically in each individual case. This also applies to the contractor's own employees.
(2) If the contractor is unable to meet or meet an agreed deadline If any other problems arise, he must inform the client immediately.
(3) All investments necessary to carry out the order (employees, Hardware, software, etc.) will be carried out by the contractor himself and on his own account and therefore basically our own employees for the realization of the order Use work equipment.
(4) If the contractor provides his service culpably despite confirming the order If not, he generally undertakes to pay a contractual penalty of 20% of the order amount up to a maximum of EUR 10,000.00.
(5) All drawings, plans, reports and other documents provided by the contractor created as part of the provision of services are the property of the client. The same applies if and to the extent that the contractor provides his services via his own computer he brings. The contractor is obliged to provide these documents after the end of the contract Return the order to the client. If and to the extent that the contractor provides data stored via its own computer, these are after the order has been carried out verifiably deleted. The contractor is not permitted to do so to use or publish execution documents for other purposes.
§ 3 Remuneration
(1) The contractor receives a certificate from the client for providing his service Remuneration agreed within the framework of the respective offer/order becomes.
§ 4 Handover and acceptance of work services
(1) Only in the event that the contractor performs work in accordance with Sections 631 ff bBGB, he reports to the client at regular intervals the progress of the work. Furthermore, the contractor will provide the client with the Completion of agreed partial services and the overall service report immediately.
(2) The client or his customer will check the service immediately. It applies as accepted if the client does not notify the contractor within a deadline within thirty days of notification of completion in writing what he has determined defects reported. In this case, the client will grant the contractor a grace period to remedy defects. After this grace period has expired without result, the
The client is entitled to reject the repair by the contractor and to carry out the replacement work at the contractor's expense.
(3) At the request of both parties, partial acceptances can also take place, which must be agreed in writing are agreed. The same applies to agreements with different handover and delivery conditions Acceptance regulations for individual services. Reservations regarding acceptance known defects must also be made in writing.
§ 5 Confidentiality
(1) About all business matters in connection with these General Terms and Conditions as well as all Information and documents provided to the contractor as part of the cooperation
with the client that has been made available to him or otherwise becomes known to him Contractor both during the duration and after completion of the order.
To maintain secrecy, which also applies to the customer's information and documents
of the client.
(2) The obligations mentioned in paragraph 1 also apply to the client.
(3) In the event of a breach of the confidentiality obligation regulated in paragraph 1, the amount is:
Contractual penalty for each case of violation is EUR 5,000.00. About it additional claims for damages due to breach of confidentiality obligation are not affected by this.
§ 6 Obligation of loyalty
(1) The client and contractor undertake, neither directly nor indirectly, Employees, managing partners, freelancers or other contractual partners
poaching and an employment relationship, freelance employment relationship or other to establish a contractual relationship with them. This also applies to a corresponding one Recruitment for the benefit of third parties.
This obligation applies for the duration of the respective period Project assignment and after completion for a period of six months. In case of
Violation is subject to a penalty of EUR 10,000.00.
§ 7 Industrial property rights
(1) The client and contractor agree that all related matters Copyright, patent, etc. arising from the execution of individual orders
Trademark rights and other intellectual and/or industrial property rights The client is entitled to this, unless there are mandatory legal regulations oppose. If and to the extent that such rights are not fully limited to the The contractor hereby grants this to the client
free exclusive right of use.
§ 8 Liability
(1) The contractor is liable for himself and his employees in the event of intentional or gross misconduct negligent behavior for all costs incurred by the client or his customers Damage.
§ 9 Travel costs and expenses
Unless otherwise stated in the offer, the contractor may cover travel and hotel costs bill if the reason for the trip occurs within the scope of the order. Basically are but all travel costs and expenses to a defined location of the client included.
§ 10 Data transmission via the Internet
The client agrees to the risk that when transferring Data on the Internet for all participants is not possible given the current state of technology
It can be ruled out that unauthorized persons are present during the transmission process Provide access to the transmitted data. Aware of this risk, the Clients with the use of communication connections via the Internet
agreed.
§ 11 Compliance with the Minimum Wage Act (MiLoG)
(1) The contractor insures the client for his work as an employee. The employees employed must comply with the provisions of the Minimum Wage Act (MiLoG).
(2) If the client is responsible for the contractor's violation of the regulations the Minimum Wage Act (MiLoG) of its employees is held liable
Contractor shall indemnify the client against any resulting financial damage free.
§ 13 General provisions
(1) Changes or additions must be made in writing, this also applies to Cancellation of this written form clause.
(2) The validity of any general terms and conditions of the client is basically excluded.
(3) These General Terms and Conditions and the offers or orders based on them are subject exclusively and with the express exclusion of the UN Convention on Contracts for the International Sale of Goods Federal Republic of Germany.
(4) The place of jurisdiction is – to the extent permissible – Munich.