General Terms and Conditions of Pfitzer IT Consulting
1. areas of application
Orders are accepted exclusively on the basis of the following conditions. By placing an order, these are expressly acknowledged and become part of the order. Deviating general terms and conditions of the client are not valid, even in case of objection.
2. conclusion of contract
The mutual rights and obligations result exclusively from the contract and these GTC in this order. Subsequent changes must be made in writing to be effective. The contractor can refuse an order, also a follow-up order. An order confirmation can be sent by fax, letter or e-mail.
3. duration of contract for recurring services
In principle, contracts relating to recurring services are concluded for a period of 12 months and are automatically renewed for the same period if they are not terminated by either party with 30 days‘ notice to the end of the month of the last contractual month. Termination of the contract before the end of the minimum contract period is excluded.
Price quotations are only binding after written order. The offered prices become invalid if the order is not placed within 6 weeks of the date of the offer. The prices quoted are net, plus the applicable VAT. Unless a fixed price has been agreed upon, services will be remunerated according to the hourly rates and flat-rate prices customary at the time of acceptance of the order. All prices are ex company headquarters in Schwanfeld, Bismarckstraße 25.
5. due date, offsetting
Invoicing can be monthly, at longer intervals or after completion of the respective order at our discretion. Unless otherwise agreed, payments shall be made immediately upon invoicing without any deductions. For reminders in default, the contractor will charge the contractual partner a flat-rate reminder fee of Euro 5.00 plus VAT. In the event of the return of direct debit authorizations due to insufficient funds in the account or incorrectly transmitted bank account details, the customer shall bear the costs for the return debit note, plus a processing fee of Euro 5.00 (plus VAT).
6. copyright, legal and factual responsibility for the content
The customer declares to own all rights (ownership, copyright, right of use, etc.) to the item to be changed, reproduced or printed and the software required for this purpose and releases the contractor from any claims of third parties due to such a violation of rights and assumes liability for all damages which nevertheless arise from any unauthorized reproductions or prints. The client must designate the reproduction of a document as a copy.
The responsibility for the content of the goods (information, data, files and other material) is borne exclusively by the client. The client is entitled, but not obliged, to carry out an examination of the content of the goods.
7. material provided
The customer shall ensure that the necessary information, data, files and other material are delivered in good time, complete, free of errors and in accordance with the contractual agreements and are suitable in type and size for the agreed purposes in the appropriate environment. The delivery can be made (up to 10MB) by e-mail, otherwise by letter or by agreement using other media. All materials supplied by the client necessary for the fulfilment of the business relationship remain with the contractor for the necessary processing time, usually during the term of the contract. The contractor is entitled, but not obliged, to process the material and, if necessary or advisable for optimal implementation, to make changes and corrections. The contractor is entitled to reject goods (information, data, files and other material) for editorial or other reasons at his reasonable discretion.
By issuing a release, the client accepts the execution of the order as proper. The service is then deemed to have been accepted. Any changes or additions that are subsequently requested shall be made as a new order. In case of changes, the contractor can insist on a new written release of the order.
9. reservation of proprietary rights
All goods delivered shall remain the property of the contractor until all claims of the contractor against the customer have been settled. If the delivered goods have been sold or handed over to a third party, they shall be replaced by all claims which the customer has against third parties, without the need for an express assignment and notification to the contractor.
The operating objects used by the contractor to manufacture the contractual product, in particular data carriers, remain the property of the contractor even if they are charged separately and are not delivered. The same applies to purchased data and rights from other copyright holders, unless the data and rights have been acquired exclusively for use for the individual order.
If collection by the Customer is agreed, originals and goods shall be handed over without checking the authorization of the collector against presentation of the confirmation of receipt for originals and goods to be issued upon request when the order is placed. No claims can be derived from the handover to a non-authorized person. In the case of collection by a messenger, the duty of care shall not pass to the contractor until the latter has taken over the goods on his premises, or the duty of care shall end when the goods leave the contractor’s premises. The collection and delivery is carried out on behalf of the client. The contractor is only a mediator to the messenger.
12. default in performance
Agreed delivery times are not fixed dates, unless expressly agreed. Interruptions of operations, both at the contractor’s and at a supplier’s premises, as well as all cases of force majeure, do not entitle the customer to terminate the contractual relationship.
13. claims for damages
Claims for damages, both indirect and direct, are limited to the value of the respective (part) order up to a maximum amount of Euro 2,000.00, as far as legally permissible, otherwise excluded, unless the contractor or his vicarious agents are guilty of intent or gross negligence. This does not apply to personal injury.
14. subjective quality decisions
The evaluation of a product in the field of art and design or its result is a highly subjective matter. If no or insufficient information about the execution has been provided by the client, the contractor decides in his own opinion on the type of appropriate execution. Therefore, only what clearly contradicts the written information of the client or is clearly due to faulty execution by the contractor can be accepted as a complaint.
Special agreements, e.g. exclusion of competitors, payment terms, placement, etc. require a written specification on the order.
15. place of performance, jurisdiction, law, data protection
Place of performance is Schwanfeld. The exclusive place of jurisdiction for all disputes arising from this contract is the local court of Schweinfurt or the regional court of Schweinfurt if the customer is a merchant, a legal entity under public law or a special fund under public law. German law applies.
16. partial invalidity, data protection
If one of the provisions of the contract or these terms and conditions should be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The contracting parties are obliged to agree on a new provision that comes closest to the purpose of the invalid provision. In accordance with § 26 of the Federal Data Protection Act, the Contractor shall inform the Customer that the Contractor has stored the Customer’s data required for the performance of the commercial business process.