August 1st, 2018
August 1st, 2018
1.1 The contractor provides the service in accordance with the conditions agreed in the contract and the following conditions against the contractually agreed remuneration. The customer is responsible for the project and its success. The contractor shall provide the service in accordance with the principles of proper professional practice.
1.2 The subject matter of the contract may consist of a one-off service, also to be rendered in parts, or may be of a permanent nature.
2.1 The place of execution shall be the contractor’s registered office, unless otherwise agreed.
2.2 The contractor provides the service through suitable employees. The customer is not entitled to the provision of services by certain employees of the contractor.
2.3 Unless otherwise agreed, the contractor shall determine the manner in which services are to be provided.
2.4 The customer is not authorized to give instructions to the contractor's employees involved in providing the service.
2.5 If the contractor has to present the results of the service in writing, only the written presentation is authoritative.
3.1 The customer shall ensure that the contact person named by him provides the contractor with the documents, information and data necessary for the provision of the service completely, correctly, on time and free of charge, insofar as this is not owed by the contractor. In addition, the customer shall ensure that they are updated. The contractor may assume that these documents, information and data are complete and correct unless he recognizes or must recognize that they are incomplete or incorrect.
3.2 The customer must observe the provision of services by the contractor.
4.1 The contractor grants the customer the non-exclusive and non-transferable right to use the service results provided by the contractor within the scope of the contract and handed over to the customer for his/her own internal purposes within the scope of the contractually stipulated purpose of use on a permanent basis, unless otherwise agreed.
4.2 In all other respects all rights remain with the contractor.
4.3 The contractor may withdraw the rights granted to the customer for use if the customer violates usage restrictions or other regulations to protect against unauthorized use to a not insignificant extent. The contractor must set the customer a period of grace in advance to remedy the situation. In the event of a repeat offence and in special circumstances which, taking into account the interests of both parties, justify immediate withdrawal, the contractor may withdraw the rights even without setting a time limit. The customer must confirm in writing to the contractor the discontinuation of use after withdrawal of the rights of use. The contractor will grant the customer the rights of use again after the customer has stated in writing and assured that through his use no more violations of the rights of the contractor are present and previous violations and their consequences are eliminated.
5.1 If the contract is concluded for an indefinite period, it can be terminated with a notice period of 3 months to the end of a calendar year. This termination is possible for the first time at the end of the calendar year following the conclusion of the contract. An agreed minimum term remains unaffected by this right of termination. This shall not apply in each case unless otherwise agreed.
5.2 The right to extraordinary termination for good cause remains unaffected.
5.3 Notices of termination are only effective in writing.
5.4 Withdrawal from the contract is excluded.
6.1 Unless otherwise agreed, the contractor may increase the remuneration at the earliest 12 months after conclusion of the contract if the increased remuneration corresponds to the current list price of the contractor. Further increases may be made at the earliest 12 months after a previous increase takes effect. An increase becomes effective 3 months after announcement. The customer has a right of termination if the remuneration rates increase by more than five percent. The customer may terminate the contract within one month of receipt of the announcement at the time of the effectiveness of such an increase.
6.2 Agreed proofs of expenditure shall be deemed approved unless the customer objects in detail in writing within 21 days of receipt and the contractor has referred to the fiction of approval in the proof of expenditure.
6.3 Travel costs and expenses as well as other expenses shall be reimbursed in accordance with the price list of the contractor, unless otherwise agreed. Travel time is regarded as working time.
6.4 The contractor may demand compensation for his expenses if additional expenses are incurred due to improper fulfilment of the customer's obligations (see section 3).
7.1 If the service is not provided in accordance with the contract and if the contractor is responsible for this (default), he is obliged to provide the service in whole or in part without additional costs for the customer within a reasonable period of time in accordance with the contract, unless this is only possible with disproportionate expense. This obligation on the part of the contractor shall only exist if the customer complains about the default in writing and without delay, but at the latest within two weeks of becoming aware of it, unless otherwise agreed.
7.2 For any further expenditure and compensation claims, clause 6 of the contractor’s GTC shall apply.
In addition, the general terms and conditions (GTC) of comwrap version 2.1 apply.