General Terms and Conditions (GTC)

1. Scope

These General Terms and Conditions (hereinafter “GTC”) apply to all contracts, services, and offers provided by the provider to its customers, unless expressly agreed otherwise in writing. Conflicting terms and conditions of the customer shall not apply unless their validity has been expressly agreed in writing.

2. Liability

2.1
The provider is fully liable for damages caused by intent or gross negligence as well as for damages resulting from injury to life, body, or health.

2.2
In cases of simple negligence, the provider is only liable for the breach of essential contractual obligations (cardinal obligations). Cardinal obligations are those whose fulfillment enables the proper execution of the contract and on whose compliance the customer regularly relies.

2.3
In cases of simple negligence, the provider’s liability is limited to the typically foreseeable damage. Furthermore, liability is limited in amount to the net order value of the respective contract.

2.4
Any further liability, in particular for indirect damages, consequential damages, lost profits, or data loss, is excluded.

2.5
Mandatory statutory provisions, in particular under the Product Liability Act, remain unaffected.

3. Customer’s Cooperation Obligations

3.1
The customer is obliged to provide all information, documents, and technical access required for the provision of services fully, correctly, and in a timely manner.

3.2
If the customer fails to fulfill this obligation despite written request within one month, the provider is entitled to invoice the services rendered up to that point as well as the originally agreed scope of services on a flat-rate basis.

4. Payment Terms

4.1
All prices are quoted as net prices plus the applicable statutory value-added tax.

4.2
Payment processing is carried out exclusively via the factoring bank appointed by the provider. The customer is expressly informed that all claims arising from this contractual relationship may be assigned to the factoring bank.

4.3
Payments that discharge the debt may only be made to the named factoring bank.

5. Contract Term and Termination

5.1
After the expiration of the contractually agreed initial period, the contract will automatically be extended for an indefinite period unless terminated in due time.

5.2
The contract may be terminated by either party with one month’s notice to the end of a calendar month. The right to extraordinary termination for good cause remains unaffected.

6. Data Protection

The processing of personal data is carried out exclusively within the framework of the contractual service and in compliance with applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).
The provider undertakes to maintain confidentiality and implement appropriate technical and organizational measures to protect personal data.

7. Force Majeure

7.1
The provider is not liable for service disruptions or delays caused by force majeure. This includes, in particular, natural disasters, pandemics, governmental measures, strikes, power outages, telecommunications failures, server outages, or other unforeseeable, unavoidable, and events beyond the provider’s control.

7.2
In such cases, the provider is entitled to suspend or postpone service provision for the duration of the disruption and an appropriate restart period.

8. Jurisdiction and Applicable Law

To the extent legally permissible, the place of jurisdiction for all disputes arising from or in connection with this contractual relationship is 85435 Erding, Germany.
Only the law of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

9. Validity of the Offer

If a written offer is submitted, it is valid for 14 days from the date of issue.
After this period, the stated prices and conditions lose their validity. Changes and errors are reserved.

10. Final Provisions

10.1
Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.

10.2
In place of the invalid provision, a provision shall apply that comes closest to the economic purpose of the invalid provision. The same applies to any gaps in the provisions.