1. Scope
These terms apply to all contracts between CCSchwarz GmbH (the “Contractor”) and its customers (the “Client”) concerning consulting, training and development services. They apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code. Deviating terms of the Client only become effective if the Contractor agrees to them in text form.
2. Conclusion of contract
Offers by the Contractor are non-binding unless expressly designated as binding. A contract is concluded by order confirmation in text form or by commencement of the service.
3. Scope of services
The scope of services follows from the offer or the order confirmation. Consulting and training services are provided as a service; no particular economic outcome is owed. Individually agreed development services are provided in accordance with the agreed specifications.
4. Client cooperation
The Client provides the necessary information, access, test systems and contact persons in good time. Delays caused by a lack of cooperation are not at the Contractor’s expense.
5. Remuneration and payment
Unless agreed otherwise, services are invoiced on a time and material basis at the applicable daily or hourly rates. Travel time and travel expenses are charged separately. Invoices are payable in full within 14 days of the invoice date. All prices are exclusive of statutory VAT.
6. Deadlines
Deadlines are binding only if expressly agreed as such. Force majeure and other circumstances for which the Contractor is not responsible extend deadlines appropriately.
7. Rights of use
Upon full payment, the Client receives a simple right of use, unlimited in time and territory, to individually commissioned work results for its own business purposes. Pre-existing components, tools and libraries of the Contractor remain its property; a simple right of use is granted for the purposes of the contract.
8. Confidentiality
Both parties treat all information obtained in the course of the cooperation as confidential and use it exclusively for the purposes of the contract. This obligation continues beyond the end of the contract.
9. Data protection
Where personal data of the Client is processed in the course of providing services, the parties conclude a data processing agreement pursuant to Art. 28 GDPR.
10. Liability
The Contractor is liable without limitation for intent and gross negligence as well as for injury to life, body or health. In the case of simple negligence, it is liable only for breach of a material contractual obligation and limited to the foreseeable damage typical for this type of contract. Liability for data loss is limited to the effort that would have been required for restoration had the Client backed up its data properly.
11. Termination
Continuing obligations may be terminated by either party with three months’ notice to the end of a month unless agreed otherwise. The right to extraordinary termination for cause remains unaffected.
12. Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is the Contractor’s registered office. Amendments require text form. Should any provision be invalid, the remaining provisions remain unaffected. In case of doubt, the German version of these terms prevails.