Rules of Cooperation
Scope of Services
We have summarized the services that we will be happy to provide for you in a written offer. If required, further details will be set out in writing in separate agreements, service level agreements and order confirmations.
2. Invoicing
Even though we work out of passion, we want to earn money with it. We will therefore bill you for our services. Our billing will always be fair, up-to-date and comprehensible.
We bill according to the order placed. When billing by the hour, the smallest billable time unit is half an hour and a working day is billed at 8 hours.
We have prepared a realistic cost estimate for your offer based on the information available. If, in the course of our work, it turns out that the assumptions discussed with you no longer appear justified, we will inform you immediately about the effect on the offer volume and coordinate the further procedure with you.
The prices quoted by us are net prices (excluding 19% VAT). The prices do not include
Services that are not the subject of this offer,
Travel and accommodation costs outside of our office location.
We bill our services in accordance with the terms of the offer. Invoices for current subscription contracts (e.g. hosting) are issued in accordance with the agreed payment intervals. Either party may terminate a subscription contract with three months' notice before the end of the term. If no explicit notice of termination is given, the term is extended by a further 12 months in each case.
BANK DETAILS
We reserve ownership of all services until full payment has been received.
3. Disclaimer
We also do not shy away from legal topics and are therefore happy to disclose the legal basis of our offer:
Value Proposition
We provide our services as services or work contracts and always owe you our best efforts.
Resignation
We will quote you realistic delivery times and, under normal circumstances, we will keep to them. If necessary, we can also expressly agree to individual delivery times as binding, but this must be done in writing. Should we significantly exceed a binding delivery time through our own fault and be unable to provide our service within a reasonable grace period, you are of course entitled to withdraw from the contract in writing. However, this does not apply in the event of force majeure or other circumstances beyond our control.
Confidentialy
It goes without saying that we treat our customers' business secrets in confidence. We expect the same from our customers. We will only store and process your data in accordance with the current GDPR.
Liability
Should we be responsible for any damage, we will replace it. However, we are not liable for damages not caused by negligence. We are only liable for indirect damages, consequential damages, unrealized savings, loss of interest and lost profits in the event of intent. Any further liability is excluded. If we use third parties as our subcontractors to fulfill the obligations we have assumed, we are liable for them according to the same regulations.
Retention
You will not withhold payments due to incomplete total delivery, guarantee or warranty claims.
Decrease
If we have agreed on an acceptance procedure, you must accept our services no later than two weeks after delivery and check them for correctness and completeness. If you let this time pass, our services shall be deemed accepted. Any defects that may occur must be reported to us in writing in a sufficiently documented manner that allows the error to be reproduced. If significant defects that have been reported in writing are present (live operation cannot be started or cannot be continued), a new acceptance is required after the defects have been remedied. Acceptance cannot be refused due to insignificant defects (those that have no significant effect on the functionality and proper use of the work).
Copyright and Use
We only grant you the right to use the services we have provided for you after payment of the agreed fee, exclusively for your own purposes, and only for the use agreed in the contract. That is to say: through the present contract, insofar as we do not agree any further details separately and in writing, an authorization to use the work is acquired. Any editing or distribution by you is not permitted. By participating in the production of the software, you do not acquire any rights beyond the use specified in the present contract.
Any source code, its documentation or source files from multimedia productions (e.g. image, video, audio) are not included in the contractual scope of services and remain our property.
Publicity
We are proud to have won you as a customer. Therefore, we take the liberty of promoting your project as a reference project in an appropriate manner, citing your company and using your logo. If you do not agree, please inform us in writing.
Index Adjustment
We may adjust our hourly rates or service prices for subscription contracts in line with the development of the inflation rate of the Federal Statistical Office. This change can be made once per calendar year.
Loyalty/non-solicitation
The outstanding quality of our employees is the secret of our success. We do not take kindly to our customers poaching our employees. You therefore agree to refrain from directly or indirectly enticing away our employees or independent contractors. If you break your promise, you will pay us the gross annual salary of this employee as compensation.
No hidden small Print
We do not use any general terms and conditions in addition to this offer and the provisions expressly mentioned here. We trust that you will also be fair. This offer and its appendices therefore apply, with the law taking a subordinate role and nothing else.
Choice of Law
This offer and all rights and obligations of the parties are subject to German law, with the exception of the non-mandatory conflict of laws rules and the provisions of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (UN Sales Convention).
Legal Venue
We are sure that we will not have any disputes. If we do, however, it is agreed that the exclusive jurisdiction of the court having subject-matter jurisdiction for our place of business shall apply to all legal disputes arising from or in connection with this offer, unless otherwise stipulated by law.
We are bound by our offer for 30 days after the offer has been made. You can accept this offer by countersigning it and returning it to us by e-mail within this period.
We look forward to a good working relationship.
