General terms and conditions

§ 1 Scope

These general terms and conditions (GTC) apply to all contracts between Laufwerk.cloud (Marian Obermayer), Kurze Str. 27, 72793 Pfullingen, Germany (referred to below as the "Contractor") and its clients (referred to below as the "Client").

Any general terms and conditions of the Client that differ from, conflict with or supplement these terms do not become part of the contract unless their application has been expressly agreed in writing.

§ 2 Conclusion of the contract

Offers made by the Contractor are without obligation. A contract only comes into existence upon written order confirmation or upon actual performance of the service.

The Client is bound by its offer for four weeks from the date on which it was sent.

§ 3 Scope of services

The scope of the services owed follows from the respective offer or order confirmation. Changes to the scope of services require a written agreement.

There are no verbal side agreements. Subsequent changes to the scope of services may justify an adjustment of the agreed remuneration.

§ 4 Remuneration and payment

The remuneration follows from the respective offer. All prices are net and exclude value added tax at the statutory rate.

Invoices are payable in full within 14 days of the invoice date. In the event of late payment, default interest is charged at 9 percentage points above the prevailing base rate of interest (Basiszinssatz under German law).

For projects with an order volume above €1,000, an advance payment of 30 % on placing the order may be agreed.

§ 5 Duties of the Client to cooperate

The Client is obliged to provide all information, data and access required to carry out the assignment in good time and in full.

Delays caused by insufficient cooperation on the part of the Client are borne by the Client. Additional costs arising from such delays are borne by the Client.

§ 6 Ownership and rights of use

The works created in the course of the assignment (software, websites, concepts and the like) pass into the ownership of the Client once the agreed remuneration has been paid in full.

The Contractor reserves the right to use the services it has provided as references in its portfolio, unless the Client expressly objects.

§ 7 Liability

The Contractor is liable without limitation for damage arising from injury to life, body or health. Liability for other damage is limited to gross negligence and intent.

Liability for slight negligence is excluded, unless the breach concerns essential contractual duties (cardinal duties, "Kardinalpflichten"). In that case, liability is limited to the foreseeable damage typical of this type of contract.

§ 8 Confidentiality

Both parties undertake to treat all confidential information of the other party received in the course of the contractual relationship as confidential and to use it only for the agreed purposes.

§ 9 Termination

Ongoing service contracts may be terminated with four weeks’ notice to the end of the month. The right to extraordinary termination for good cause remains unaffected.

§ 10 Applicable law and place of jurisdiction

The law of the Federal Republic of Germany applies. The place of jurisdiction for all disputes arising from this contract is Reutlingen, Germany, to the extent permitted by law.

§ 11 Severability clause

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions is not affected. The statutory rules apply in place of the invalid provision.