General Terms and Conditions of Georg Moethrath CCV IT Consulting and Training in Düren
Current version: Feb. 01, 2023
General
The following General Terms and Conditions of Delivery and Business (hereinafter referred to as GTC) shall apply to all offers, orders and services provided by the sole proprietor. They shall be deemed to have been agreed upon acceptance of the service or offer of the sole proprietor by the customer. If the customer wishes to object to the GTC, this must be declared in writing within three working days. Any deviating terms and conditions of the customer are hereby rejected; they shall not be valid unless the sole proprietor recognizes them in writing.
The GTC shall also apply to all future orders, offers and services within the framework of an ongoing business relationship, even without express inclusion.
Consulting and training within the meaning of these GTC are concepts for the use of software and web applications as an efficient workflow with corresponding training and education.
Copyright
The sole proprietor shall be entitled to the copyright to the concepts in accordance with copyright law.
The concepts created by the sole proprietor are generally only intended for the client's own use. If the sole proprietor transfers rights of use to his works, only the simple right of use shall be transferred in each case, unless expressly agreed otherwise. Any transfer of rights of use shall require a special agreement.
The rights of use shall not be transferred to the customer until the fee has been paid in full.
Any infringement of the right to be named shall entitle the sole proprietor to claim damages.
Remuneration, Retention of Title
The remuneration for the work shall be calculated on the basis of the current hourly and daily rates or price list, offers or on a time and material basis. Additional costs (travel costs, expenses, software costs, office rent, etc.) shall be borne by the client.
Invoices due shall be paid within 14 days without deduction. The client shall be in default if he does not settle due invoices within 30 (in words: thirty) days of receipt of an invoice or equivalent request for payment.
The sole proprietor reserves the right to cause default by issuing a reminder after the due date at an earlier point in time. In the event of default in payment, he shall be entitled to demand default interest of 2% p.a. above the respective discount rate of the German Central Bank. In the event of proof of higher damages caused by default, he shall be entitled to claim these. Until the purchase price has been paid in full, the delivered concepts remain the property of the sole proprietor. If the client has not given the sole proprietor any explicit instructions regarding the design of the concepts, complaints regarding the execution are excluded.
If the client wishes to make changes during or after the creation of the concept, he shall bear the additional costs. The sole proprietor shall retain the right to remuneration for work already commenced.
Customers acting on behalf of third parties shall remain liable for payment to the sole proprietor until payment from their customer has been received by the sole proprietor.
Unless expressly agreed otherwise in writing, the sole proprietor is entitled to order the external services required to fulfill the order in the name and for the account of the client or to charge the client for the external services ordered in the name and for the account of the client.
Liability
All orders are created by the sole proprietor with the best software in his opinion.
The client undertakes to keep the operating system of his computer and the software used up to date at all times. Should the workflow be interrupted or otherwise impaired by such updates, the client may make use of the maintenance service of the sole proprietor for a fee. The maintenance service by the sole proprietor is usually carried out at the contractor's premises at low cost using remote maintenance software.
In the event of a justified complaint, it shall be at the sole proprietor's discretion either to make a corrected delivery, offsetting all other contractual components, or to take back the delivery complained about, waiving the invoice. If new production or rectification fails, the customer may demand rescission of the contract or a reduction in payment.
There is freedom of design within the scope of the accepted order, unless explicit specifications are made. The sole proprietor shall only be liable for himself and his vicarious agents for the breach of obligations that are not directly related to essential contractual obligations in the event of intent and gross negligence. The sole proprietor's liability for ancillary costs in the event of non-fulfillment of the contract, such as travel costs, rental fees, etc., is expressly limited to intent or gross negligence. All documents associated with the order shall be stored redundantly for at least three months on at least two different systems that are at least 1.6 km apart.
Secondary Obligations
The client shall grant the sole proprietor access to its computer system and network insofar as this is necessary to fulfill the order. Any access data provided to the sole proprietor for safekeeping, such as passwords etc., shall be stored redundantly by the sole proprietor using state-of-the-art encryption algorithms.
Performance Disruption, Cancellation Fee
Cancellation or postponement of already booked and agreed orders must be made in writing. If the sole proprietor incurs costs as a result of canceling or postponing an order that has already been agreed, these costs must be reimbursed.
If already booked and agreed orders are canceled or postponed within four weeks before execution, 50% of the agreed fees must be paid. If the time scheduled for the execution of the order is significantly exceeded for reasons for which the sole proprietor is not responsible, the sole proprietor's fee shall be increased accordingly if a lump-sum price was agreed. If a time-based fee has been agreed, the sole proprietor shall also receive the agreed hourly or daily rate for the waiting time, unless the client proves that the sole proprietor has not suffered any loss. In the event of intent or negligence on the part of the client, the sole proprietor may also assert claims for damages.
Delivery dates for concepts and training courses are only binding if they have been expressly confirmed by the sole proprietor. The sole proprietor shall only be liable for failure to meet deadlines in cases of intent and gross negligence. Force majeure, strikes, lockouts, incapacity through no fault of the individual entrepreneur, power or water failure shall extend the delivery period by the duration of the hindrance.
Use and Distribution
The distribution of concepts and training documents of the sole proprietor on the Internet and in intranets, in online databases, in electronic archives which are not only intended for the internal use of the client, on diskette, CD-ROM or similar data carriers is only permitted on the basis of a special agreement between the sole proprietor and the client. The distribution on the Internet and in intranets and on data carriers and devices suitable for public reproduction on screens or for the production of soft and hard copies requires the prior written consent of the sole proprietor.
Final Provisions
The place of jurisdiction shall be the registered office of the sole proprietor, insofar as this can be permissibly agreed. This shall also apply to judicial dunning proceedings.
If both contracting parties are merchants, legal entities under public law or a special fund under public law, the place of business of the sole proprietor shall be agreed as the place of jurisdiction.
German law shall apply to legal relations with his contractual partners.
Should one or more of the above conditions be or become invalid, this shall not affect the validity of the remaining conditions.
Subsidiary agreements, amendments and supplements to these terms and conditions are only valid if they are confirmed by us in writing. This also applies to the waiver of the written form requirement.