General terms and conditions

I. General

1. Area of competence: Services are rendered for the purposes of solving business problems with working times, remuneration and related areas. A legal consultation is expressly excluded.

2. Support by the Client: The Client supports the comprehensive fulfilment of the contract, free of charge, and takes adequate measures to verify results.

3. Liability: The Contractor will provide compensation only in the event of malicious intent or gross negligence. The liability for all claims of the Client is limited to the fee agreed upon for the contract irrespective of their legal basis, to the extent permitted by law. The Contractor is in no way liable for loss of profit, non-achieved savings, damages from third-party claims vis-à-vis the Client, indirect damage and consequential harm caused by a defect, as far as it conforms with the law.

4. Guarantee: The Client shall inform in writing, within one month of delivery or service, whether there are defects and where these are. If the Client does not provide an explanation or begins using the software, then this shall be deemed to be faultless acceptance at the time of the delivery or service. The length of the guarantee is 6 months. The Contractor retains the right to rectifications of defects. If the rectifications of defects prove to be unsuccessful, the buyer can cancel the contract of purchase or reduce the purchase price appropriately.

5. Payment: Payment is due from the date of the invoice. Default interest shall be charged in the amount of 10% per annum. All prices are fixed prices exclusive of VAT. A deduction of discount is not possible.

• a) Consultancy services or services that are invoiced on a time and material basis, are charged monthly. The employees of the Contractor record the daily working hours in a list specifying the position and the type of activity and present this with the invoice. The Client can demand to see the list at any time.
• b) The Client is – irrespective of his or her rights to refuse payments due to missing or erroneous counter-performance – not authorised to withhold payments. The Client can set only receivables that are undisputed or determined to be legally binding off from amounts owed.