General terms and conditions of business and contract

Scope and contract

These terms apply in particular to software development, software provision, licensing, customisation, consulting, technical services, maintenance and comparable services. The nature, scope, deadlines and remuneration are primarily governed by the quotation and individual contract.

Scope of services and cooperation

Only the agreed services are owed. Extensions, change requests and additional work may be quoted and charged separately. The client shall provide the necessary information, access credentials, content, test data, contact persons and approvals in good time.

Copyright, source code and rights of use

Copyright and other intellectual property rights in software, source code, concepts, structures, designs, documentation, templates, methods and other work products developed by me remain with me unless expressly agreed otherwise in the individual contract. The client receives the rights of use required for the agreed purpose within the contractually defined scope.

Transfer of source code, exclusive rights of use or development rights requires an express agreement. General know-how, reusable components, libraries, technical methods and pre-existing elements remain unaffected unless otherwise agreed.

NORAnet and standard software

For standardised products such as NORAnet, modules and extensions, a right of use is granted in accordance with the agreed licence. Licensing does not transfer ownership of the underlying software or any architecture or development rights. Additional product-specific licence, maintenance or support terms may apply.

Third parties and external software

Where services rely on third-party software, platforms, hosting, interfaces or services, the relevant third-party terms and technical conditions also apply. Open-source and third-party components are governed by their respective licences.

Fees and additional work

Fees, payment schedules and recurring charges are specified in the quotation or contract. Services outside the agreed scope and subsequent changes may be charged separately by agreement.

Acceptance

Where acceptance is agreed or required by law, the client shall review the delivered service within a reasonable period and report material defects in a comprehensible manner. Project-specific acceptance criteria may be agreed in the individual contract.

Defects and liability

Statutory rights relating to defects apply unless a legally valid different arrangement has been made. Statutory rules apply to intent, gross negligence and cases of mandatory liability. Additional liability provisions or limitations appropriate to the specific service may be agreed where legally permissible.

Confidentiality and data protection

Confidential information must be treated confidentially and used only for the agreed purpose. Where personal data is processed on behalf of a client, the necessary data protection agreements will be concluded separately.

Contract term and termination

The duration and termination of the contract are governed by the relevant agreement. Provisions intended to survive termination, in particular those concerning intellectual property, confidentiality, outstanding payment claims and rights of use, remain effective to the extent necessary.

Special contractual terms

Each engagement may separately regulate the scope of services, project phases, milestones, acceptance, rights of use, licence scope, term, support, maintenance, response times, data protection, hosting and interfaces. In case of conflict, such individual provisions take precedence over these general terms.

Final provisions

German law applies, subject to mandatory statutory provisions. Agreements on jurisdiction apply only where legally permissible and effective in the contractual relationship concerned. The invalidity of individual provisions does not affect the remaining agreements to the extent permitted by law.