for IT-Services of IT-LINUXMAKER Andreas Günther Status 01.08.2022
1 Scope of application
The following general terms and conditions shall apply to all legal transactions of the IT service provider IT-LINUXMAKER - hereinafter referred to as IT service provider - with its contractual partner - hereinafter referred to as the customer.
Insofar as individual contractual provisions exist which deviate from or contradict the provisions of these General Terms and Conditions, the individual contractual provisions shall prevail.
2 Contract
The Contracting Parties agree to cooperate in accordance with the specific, individual contractual agreement. An employment contract is not intended by the parties and is not justified.
The IT service provider is responsible for the social security contributions or tax issues and releases the client from any obligations.
The IT service provider is free to work for other clients as well.
3 Condition of the contract
The contractual relationship for the IT services comes about when the client places a customer order and the IT service provider accepts it. The granting can take the form of confirmation of a cost estimate prepared by the IT service provider or by signing an individual contractual agreement.
A contract is also created in the case of preparatory activities (longer customer meetings with customers, drafts of contracts, inventories), which are commissioned verbally or in text form. If in such a case there is no contract or no commissioning for IT services, IT-LINUXMAKER can bill the client for all costs incurred in connection therewith - including travel expenses - and the time required. See also §3, paragraph 3, sentence 2.
The client is bound to the placing of the customer order for two weeks. If the client requests a cost estimate in text form or in writing, he must bear the costs for the cost estimate if he refrains from placing an order. § 632 Sec. 3 BGB does not apply in this case, as this information eliminates any doubts and, in the event of an order, 100% of the costs for the cost estimate are credited.
The subject matter of the contract or the exact description of the tasks and services is described in the written order or project contract.
The points of the cost estimate are included in the customer order; additions by the client require the consent of the IT service provider.
Changes to the contract or order must always be made in writing; verbal agreements are ineffective.
4 Contract duration and termination
The contract begins and ends at the individually agreed date.
The contract can be terminated by both parties with a notice period of 30 days to the end of the month, without giving reasons, but at the earliest at the end of the respective contractually agreed minimum contract period. The termination must be made in writing.
Extraordinary termination for important reasons is possible. An important reason is, for example, if the customer is in arrears with two due, successive payments and does not make an expiry of a reasonable period of grace; Respectively the client after the conclusion of the contract in a financial asset (insolvency, insolvency), unless an application for opening insolvency proceedings has already been filed. Another important reason for an extraordinary termination is a serious illness from the IT service provider.
5 Scope of services, obligations of the contractual partners
The services to be provided by the IT service provider generally comprise the tasks listed in detail according to the order placed by the customer.
The IT service provider will inform the client of the results of his activity at regular intervals. Both Contracting Parties may agree on a timetable for the provision of services and a planned end date for the termination of IT services.
If the IT service provider is in fact not able to perform a contract which is contractually negligible, he must immediately notify the client thereof.
The IT service provider provides the necessary equipment, tools and the necessary personnel for the service provided that the client does not have the appropriate equipment or premises. Unless otherwise agreed, it is agreed upon individually. The parties shall endeavor to provide the best possible knowledge and conscience to assist the contractor in providing the respective obligation by providing information, information or experience to ensure a smooth and efficient workflow for both parties.
Each of the contractual partners may apply to the other contractual partner in writing for changes to the agreed scope of services. After receipt of the amendment, the beneficiary will examine whether and under what conditions the change is feasible and immediately inform the applicant of the consent or rejection in writing and, if necessary, give reasons. If an amendment by the client requires a comprehensive review, the IT service provider's review effort may be calculated on the basis of a previous announcement, provided that the client still has the option to review the amendment.
Even if fixed time quotas or a fixed price have been agreed, both parties are obliged to avoid time delays as far as possible. If the client delays the work of the IT service provider due to his input (e.g. lack of access, missing information required for the order), this idle time can also be billed.
6 Prices and terms of payment
The IT services are due at the fixed price listed in the individual contract (commissioning) immediately after termination or when. The invoice will then be issued following the termination. If the remuneration is agreed on a time and material basis, due weekly or monthly material basis, more than 15 project days, and invoiced, unless IT support contracts are used, the invoice will be issued at the end of the month. In the case of IT support contracts, billing takes place in the contract, a different billing is agreed, in advance for the support period and subsequently for more support provided in the previous support period.
Estimated estimates for IT services on a time and material basis, in particular in cost estimates (offers) are non-binding. The reimbursement is based on the actual costs incurred. The estimation of the quantities and time estimates is based on an assessment of the scope of services carried out to the best of our knowledge.
The IT service provider offers the following billing models with immediate payment (default), 7 days, 14 days and 21 days payment term after the invoice date. Longer payment terms are not offered. Above all, the client helps to determine the fee to be paid by himself by deciding on a specific payment term.
VAT will be charged at the rate of VAT applicable at the time of the service.
Invoices are payable without deduction, provided that the individual contractual agreement does not deviate from this. If the invoice amount is not received within 30 days after the invoice date on the specified accounts, the IT service provider is entitled to claim default interest. Decisive for the receipt of payment is the actual, final and irrevocable credit on the account of IT-LINUXMAKER. The interest on arrears is 8% p.a. Above the base rate applicable at the time of the calculation.
7 Liability
The IT service provider is liable in cases of intent or gross negligence according to the legal provisions. Liability for guarantees is independent of the fault. The IT service provider is only liable for slight negligence according to the provisions of the Product Liability Act, because of injury to life, body or health or due to the violation of essential contractual obligations. The claim for damages for the slightly negligent violation of essential contractual obligations is, however, limited to the type of foreseeable foreseeable damage, as long as it is not due to injury to life, body or health. The IT service provider is liable to the same extent for the fault of the vicarious agents and representatives.
The provisions of the preceding paragraph extend to damages in addition to the performance, compensation in lieu of the performance and the claim for compensation due to futile expenses, irrespective of the legal grounds, including liability for defects, delay or impossibility.
8 Jurisdiction
For the business connection between the parties exclusively German law applies.
If the customer does not have a general court of jurisdiction in Germany or in another EU Member State, the place of jurisdiction for all disputes arising from this contract is Stuttgart.
9 Support terms
These support conditions apply to all support services from IT-LINUXMAKER.
