1. Area of application
The following general terms and conditions apply to all legal transactions of the company weltfern UG (hereinafter referred to as "weltfern") with its contractual partner - hereinafter referred to as the customer - which do not fall under the area of individual software development - here the general terms and conditions for software development apply - or under the area of software maintenance - here the general terms and conditions for software maintenance apply - or under the area of weltfern products. Here the terms and conditions of the respective products apply.
Amendments to these Terms and Conditions made by the Contractor shall be notified to the Client in writing. They shall be deemed to have been approved unless the Client raises an objection in writing. The Client must send the objection to the Contractor within two weeks after notification of the changes.
2. Subject of contract
The contracting parties agree on cooperation according to the specific agreement, individually determined by the offer and / or order confirmation.
3. Conclusion of the contract
A contract with the contractor is concluded by the verbal or written confirmation of the order by the client or by the order confirmation sent by weltfern by mail or e-mail to the client.
The subject of the contract or the exact task description is described in the service contract or offer or the offer confirmation.
4. Contract duration and remuneration
The contract begins and ends on the specific and individually agreed date.
Termination before the start of the contract is not provided. It is only possible if weltfern does not fulfill its contractually agreed obligations. If the client cancels the contract before the beginning of the contract, weltfern is to be compensated for the loss of work and for any preliminary work already performed. The preliminary services will be compensated in the hourly rate, the loss of work will be calculated with a proportionate weekly flat rate of the total contract volume.
The service price is based on the scope of the work activity owed. This finds its legal basis in the provisions of the service contract §§ 611 et seq. BGB.
If no other terms of payment have been contractually agreed, all payments shall be due 14 days after invoicing without any deductions. If the payment dates are exceeded, weltfern is entitled to interest on arrears in the amount of 2% - above the reference interest rate of the European Central Bank in accordance with the Discount Rate Transition Act - without further reminder. The right to claim further damages remains unaffected.
Cash expenses and special costs incurred world-wide at the express request of the client will be charged at cost price.
All services provided by weltfern are subject to the statutory value added tax at the current rate of 19%.
5. Scope of services
The services to be provided by weltfern usually include the tasks listed in detail, according to the order placed by the client.
The Contractor shall periodically inform the Client about the results of its activities.
If weltfern is actually not able to perform the contractually owed order, weltfern has to inform the client immediately.
weltfern provides the necessary equipment and personnel for the performance of the service. The parties shall endeavor to support the contractual partner in the performance of the respective obligation to the best of their knowledge and belief by providing information, information, experience and premises in order to ensure a smooth and efficient workflow for both parties.
6. Confidentiality obligation
weltfern undertakes to maintain secrecy about all company and business secrets of the client for the duration of the service relationship and also after its termination.
weltfern is liable in cases of intent or gross negligence according to the legal regulations. weltfern is liable for slight negligence exclusively according to the regulations of the product liability law, due to injury of life, body or health or due to the violation of essential contractual obligations. The claim for damages for the slightly negligent breach of essential contractual obligations is, however, limited to the contract-typical, foreseeable damage, unless there is liability for injury to life, body or health. For the fault of vicarious agents and representatives weltfern is liable to the same extent.
8. Place of jurisdiction
The business relationship between the parties shall be governed exclusively by German law.
The agreement on the place of jurisdiction applies equally to domestic customers and foreign customers.
9. Closing clauses
All amendments or additions to this contract must be made in writing to be effective. Should individual provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions. Instead of the invalid provision, that provision shall apply which the parties would have agreed upon in good faith according to the originally intended purpose from an economic point of view. The same shall apply in the event of a loophole in the contract.
In the event that individual provisions of this agreement are or become invalid in whole or in part, or in the event that this agreement contains unintended loopholes, the validity of the remaining provisions of this agreement shall not be affected thereby. The invalid provision shall be replaced by such valid provision as the parties would have agreed, taking into account the purpose of this Agreement, if they had been aware of the invalidity or the absence of the relevant provision when concluding this Agreement.
There are no verbal collateral agreements. Amendments or additions to this Agreement. Amendments must be made in text form in order to be effective, and this requirement cannot be waived orally.
This contract shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction for disputes arising from this contract is Hamburg.