General Terms of Business
I. General Information
1. All deliveries and services are provided on the basis of the following terms of business. These conditions are considered binding with the completion of a contract or acceptance of services and will be components of said contract. Conflicting business conditions of the contract partners are ineffective and will not be taken into account, unless the deviation from these conditions is explicitly and in written form agreed upon.
2. Additional agreements, amendments, and changes to the commission etc. must be made in written form.
3. As longs as the general terms of business between business people and additional persons differs, the German Commercial Code will be used as a general rule. The restrictions for one businessperson only apply as long as the contract for the company belongs to its commerce.
II. Conclusion of Contract and Price
1. After the consultation with the customer and individual agreement to the required services according to the desires of the customer, Burkhard Krull, GmbH makes a possibly vocal proposal, which orients itself on the general market prices. This price proposal is subject to change and non-binding.
2. The cost may be adjusted by 15% above or below the original suggestion.
3. The improvement or alteration of services offered, that Burkhard Krull GmbH can provide, are permitted in the cost proposal, as long as the contract partners reasonably take into consideration the interests of Burkhard Krull GmbH and serve his interests.
4. A contract about services is first created when the contractual partner of the bid from Burkhard Krull GmbH approves per hand, per fax, or per email. The same applies for alterations or supplements. If the offer of Burkhard Krull GmbH is accepted the prices will be considered binding. All prices offered are stated with the current effective tax. A verbal acceptance of bid is valid as long as it pertains to the standard time-based fee. It is compared to the current price list of Burkhard Krull GmbH.
5. Changes on the side of Burkhard Krull GmbH are required to be written and are to be confirmed by the contract partner, just as with additions. Additional services will be separately calculated.
6. By services and development requests a confirmation of a meeting is seen as an unbinding richttermine and not as a binding promise.
7. It is essential for the contract partner to acquire the necessary hardware and parts that Burkard Krull GmbH should install and make ready for business. This should be carried out through direct settlement with the company through which they will be acquired.
III. Conditions of Payment
1. Payment of bill must be made according to agreement through either money transfer to the account of Burkhard Krull GmbH, cash paid at completion of work, or by prepayment.
2. For all services there is an explicitly reserved prepayment or a minimum 50% down payment for the event that circumstances arise that calls the credibility of the contract partner into question. As long as nothing different is agreed upon, Burkhard Krull GmbH is bound to the stated price in its bid 15 days after the date of the offer.
3. Burkhard Krull GmbH is required to issue a bill shortly after completion of services. The payment deadline for contract partner is fourteen days after the day of issue.
4. If there is no payment within this payment period, Burkhard Krull GmbH is authorized to immediately send a payment warning, according to desire. Through the warning the contract partner automatically enters default. If there is no payment by the deadline of a further week, Burkhard Krull GmbH is allowed to place the contract partner under threat of withdrawal of contract and with an increase of the warning fine of i.H.v. 50- 50,-? Or to immediately apply for the issue of an order to pay from the appropriate court.
5. The Burkhard Krull GmbH is entitled to cease providing services for contract partners who find themselves in default even when a contract has already been finalized concerning these services.
6. Burkhard Krull GmbH is entitled to apply the interest rates of the German Federal Bank, i.H.v. 6%, from the time of default, provided that the contract partner is a businessperson. If the contract partner is not, legal interst rates will apply, i.H.v. 4%. The contract partner carries all collection, legal, and enforcement costs.
7. All payments of the contract partner will be based upon the oldest debt unrelated to other terms of the contract partner. The agreement to another charging option must be made in writing.
8. The rights of the contract partner according to §§ 273, 320, 478 BGB are excluded as long as the contract partner is a businessperson. The contract partner is, as long as he is not a businessperson, only entitled to compensation, retention, and reduction when competing claims are found to be legally binding or undisputed.
3. If Burkhard Krull GmbH creates databases and other software applications these are copyright protected and only to be used as described in the previous paragraph. Should these programs be passed on or used otherwise, the written permission of Burkhard Krull GmbH is necessary and is only possible through an agreed upon price.
4. By breach of the license prohibition the value of the product is to be paid in euros according to the two paragraphs mentioned above of the aforementioned contract penalty i.H.v.250%.
V. Warranty and Liability
1. The legal warranty period applies for the provided services and in the case of a fight each part of the contract must be individually decided upon. A damage claim because of a consequential harm caused by a defect is barred after six months.
2. The right of the contract partner to free itself from the contract with Burkhard Krull GmbH because of delay or impossibility of providing services is based upon the legal provisions.
3. The liability of Burkhard Krull GmbH is limited to the willful or approximate careless behavior by the provision of services through the owner himself or his assistants or his substitute. If the contract partner makes further damage claims the liability for remote damages is disqualified and the liability limited to a maximum of 1000,- per case.
4. The liability for damages that occur because of existing software, computer, or accessories is excluded. The burden of proof that the damages happened through the installment of new computer parts or new networking falls upon the contract partner. The contract partner must conduct or arrange an up to date and complete data protection to minimize damages and to secure the operation of the computer. Furthermore, the contract partner must conduct a verification. Burkhard Krull GmbH is not liable for damages that occur because the data protection was not done.
5.The deadlines for the notice of defects is different if there is an obvious or not obvious defect.
a. The contract partner has to give Burkhard Krull GmbH written record of an occurred and obvious defect within a week. This may also occur per fax or email. An obvious defect is one that appears open or that in any case by the contract partner is identified immediately as a defect. After the expiration of the deadline is Burkhard Krull GmbH free from the warranty deeds but can however, explicitly out of goodwill, agree to make improvements at the cost of the contract partner.
b. Not obvious defects must be reprehended within the warranty period in written form or by email or fax.
c. The business people relevant inspection and complaint requirements according to§§ 377, 378 HGB stay the same.
6. The Burkhard Krull GmbH is entitled to improve identified defective services or provide new services (at cost) within the warranty period. The Burkhard Krull GmbH has three tries to improve services. The contract partner reserves the right to request after the third improvement attempt or replacement delivery a reduction of compensation or at his choice a cancellation of the contract. The burden of proof for the failure of improvement lies with the contract partner.
VI. Data Protection
1. All employees at Burkhard Krull GmbH have been taught the legal data protection policies.
2. Burkhard Krull GmbH saves all the customer’s data during the contract period, to the extent that this is required to fulfill the contract. At the request of the customer Burkhard Krull GmbH will give complete and gratis information about the saved data, to the extent that it pertains to the customer. Neither the saved data nor the contents of private client data will be forwarded by Burkhard Krull GmbH without the permission of the customer. This does not apply, as far as Burkhard Krull GmbH is legally required to disclose data to thrd parties, especially state agencies, or as far as internationally technical recognized norms allow this and do not conflict with the customer. Burkhard Krull GmbH will refer to the legal regulation of immunity of witness.
3. The Burkhard Krull GmbH explicitly points out that the data protection for the transfer of data over open networks at the current technical stand cannot be comprehensively guaranteed. It is known to the customer, that data saved to the customer’s internet server can be seen at any time by Burkhard Krull GmbH. At the same time, it is explicitly pointed out that other members of internet traffic can also technically be able to break internet security and news traffic without authority and to hinder or control it. The customer himself carries the burden of the security of data transferred over the network and internet as well as that which is saved on servers.
VII. Final Terms
1. Should individual points of these general terms of business be null or void this does not disturb the validity of the remaining terms. Legal terms take the place of void terms.
2. The court of jurisdiction of the completion of all contracts is Berlin.
3. All business is conducted under the law of the Republic of Germany.
Information according to § 5 TMG:
16540 Hohen Neuendorf
Burkhard Krull GmbH
HRB9135 Local Court: Neuruppin
D - 16540 Hohen Neuendorf
Haubach Straße 40
President: Burkhard Krull
Phone: +49 172 7182386
FAX: +49 3303 217868