GENERAL TERMS AND CONDITIONS for Services of DSK.Solutions UG (limited liability) Status 20.10.2019
1. scope of application
The following general terms and conditions apply to all legal transactions of the service company DSK.Solutions UG (limited liability) – hereinafter referred to as service provider – with its contractual partner – hereinafter referred to as client.
Insofar as individual contractual provisions exist which deviate from or contradict the provisions of these GTC, the individual contractual provisions shall take precedence.
2. subject matter of the contract
2.1 The parties agree to cooperate in accordance with the specific individual contractual agreement. An employment contract is not intended by the parties and is not substantiated.
2.2 The Service Provider shall take care of social security contributions or tax issues himself and shall release the Client from any obligations.
2.3 The Service Provider is free to act for other Clients as well.
3. conclusion of the contract
3.1 The contractual relationship for the services is established by the placing of a customer order by the client (offer) and its acceptance by the service provider. The client is bound to the placing of the customer order (offer) for two weeks.
3.2 The object of the contract or the exact task description is described in the written order.
4. contract duration and termination
4.1 The contract begins and ends at the individually agreed time.
4.2 The contract can be terminated properly. In this respect, a period of two weeks to the end of the month is agreed.
4.3 Termination without notice for good cause is possible. An important reason is, for example, if the client is in arrears with two due, successive payments and after expiry of a reasonable period of grace does not perform the client after conclusion of the contract in financial collapse (inability to pay, insolvency), unless an application for the opening of insolvency proceedings has already been made.
5. scope of services, obligations of the contracting parties
5.1 The services to be provided by the Service Provider generally include the tasks listed in detail in accordance with the order placed by the Client.
5.2 The Service Provider shall periodically inform the Client of the results of its activities. The Parties may agree in the Contract on a timetable for the performance of the Services and a scheduled completion date for the termination of the Services.
5.3 If the Contractor is actually unable to perform an Order in accordance with the Contract, the Contractor shall immediately inform the Client thereof.
5.4 The Service Provider shall provide the necessary equipment and personnel for the performance of the services, unless the Client has the necessary equipment or premises, unless otherwise agreed in the individual contract.
The parties shall endeavour to support the other party to the contract to the best of their knowledge and belief in the performance of the respective obligation by providing information, information or experience in order to ensure a smooth and efficient workflow for both parties.
5.5 Each of the contracting parties may request changes to the agreed scope of services from the other contracting party in writing. Upon receipt of an amendment request, the Recipient shall check whether and under what conditions the amendment is feasible and shall immediately notify the Applicant in writing of the approval or rejection and, if applicable, give reasons for it. If a change request by the Client requires a comprehensive review, the Service Provider may charge the Client for the cost of this review with prior notice, provided the Client insists on the review of the change request.
If applicable, the contractual adjustments to the agreed conditions and services required for a review and/or a change shall be specified in writing in a change agreement and shall be made in accordance with these General Terms and Conditions.
5.6 We guarantee a DSGVO-compliant implementation in accordance with the DSGVO at the conclusion of each order. When designing the imprint and the data protection declaration, we, as IHK certified data protection officers, submit an individual text, but this is not a legally verified text, but a proposal for implementation, each of these texts must be checked by the customer, if there is a request for security, by a lawyer.
6 Prices and terms of payment
6.1 Services shall be payable and invoiced monthly at the fixed price specified in the individual contract after termination or if remuneration on a time and material basis has been agreed, unless a different invoicing method has been agreed in the contract.
6.2 Estimated prices quoted for services on a time and material basis, in particular in cost estimates, are non-binding. The quantity estimates on which an estimate is based shall be based on an evaluation of the scope of services to the best of our knowledge.
6.3 Value added tax shall be invoiced at the rate applicable at the time of performance.
6.4 Invoices are payable on receipt without deduction. If the invoice amount is not received within 30 days of the invoice date, the service provider is entitled to charge default interest. Interest on arrears shall be 5% p.a. above the base rate applicable at the time of invoicing.
7.1 The Service Provider shall be liable in cases of intent or gross negligence in accordance with the statutory provisions. Liability for guarantees shall be independent of fault. For slight negligence, the Service Provider shall be liable exclusively in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of essential contractual obligations. However, the claim for damages for the slightly negligent breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless liability is assumed for injury to life, limb or health. The service provider shall be liable to the same extent for the fault of vicarious agents and representatives.
7.2 The provisions of the preceding paragraph (7.1) shall apply to damages in addition to performance, damages in lieu of performance and claims for futile expenses, irrespective of their legal basis, including liability for defects, delay or impossibility.
8. place of jurisdiction
The business relationship between the parties shall be governed exclusively by German law.
If the customer has no general place of jurisdiction in Germany or another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business.