General Terms and Conditions of Locatech IT Solutions GmbH

hereinafter referred to as Locatech IT Solutions

§ 1 – Scope

Our general terms and conditions apply exclusively; We do not recognize any terms and conditions that conflict with or deviate from our General Terms and Conditions unless we have expressly agreed to their validity in writing. Our general terms and conditions also apply if we provide services in the knowledge of conflicting terms or conditions that deviate from our general terms and conditions. They apply to all future transactions with the customer.

§ 2 – Formation of the contract

A contract for the use of services provided by Locatech IT Solutions comes about with the countersignature or through the execution of a customer order by Locatech IT Solutions. Locatech IT Solutions can make the conclusion of the contract dependent on the submission of a written power of attorney or an advance payment or guarantee from a bank.

§ 3 – Provision and scope of services

Our services are listed in the order and include process analysis, consulting, project management, software development and related services. The scope of the services results from the service description in a price list and/or in the offer as well as from the information in the contract that refers to this. Locatech IT Solutions reserves the right to extend, change and improve services. Locatech IT Solutions is also entitled to reduce the services. Insofar as Locatech IT Solutions provides free services or benefits, these can be discontinued at any time and without prior notice. A reduction, reimbursement or damage compensation claim does not result from this.

Date requests must be confirmed by us. If we are behind schedule with our services, the customer must set a reasonable grace period (corresponding to the scope of the work) in writing before he can withdraw from the contract. The period of grace begins with the receipt of the written notification. The period is extended by the time of disruptions due to force majeure or other unavoidable events.

If the customer sets us a reasonable grace period with a threat of refusal after we have already fallen into arrears, he is entitled to withdraw from the contract after this grace period has expired without result. The customer is only entitled to claims for damages due to non-performance in the amount of the foreseeable damage if the delay is due to intent or gross negligence or to a breach of an essential contractual obligation.

§ 4 – Software configuration and development

All copyrights are reserved. The right to use project results can only be transferred to third parties with the consent of Locatech IT Solutions. The consent can be expressly or implicitly agreed in the contract in which the implementation of the respective project is agreed.
If the development of software is owed, the customer only receives the unrestricted and exclusive right of use and disposal for the entire result of the work carried out by Locatech IT Solutions if this has been expressly agreed. Source codes are also only handed over if this has been expressly agreed.

§ 5 – Terms of payment

Unless otherwise stated in our order confirmation, the fee is due for payment net (without deduction) immediately from the invoice date. Deduction of discount requires special written agreement. In the case of projects lasting several months, part-completed work will also be invoiced monthly. Discounts and rebates granted only apply if the corresponding invoice is paid on time.

Statutory VAT is not included in our prices. It is shown separately on the invoice at the statutory rate on the day of invoicing.

Unless otherwise agreed, invoices are payable immediately after invoicing without deduction. If the customer participates in the direct debit procedure, a payment period of 14 calendar days applies. Delivered goods remain the property of Locatech IT Solutions until full payment.

The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. In addition, he is authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

If the customer claims that the fees charged to him, for which he is responsible, were not caused by him or third parties, he must provide conclusive and legally verifiable evidence of this.

§ 6 – Default of payment

If the customer defaults in payment, Locatech IT Solutions will charge a flat-rate reminder fee of EUR 20.00. If the customer defaults in payment, Locatech IT Solutions is entitled to take appropriate measures to avoid further costs for Locatech IT Solutions or the customer. In this case, the customer remains obliged to pay the monthly fees. If the customer is in default of payment, Locatech IT Solutions is also entitled to charge interest of 3% above the discount rate of the Deutsche Bundesbank from the relevant point in time, unless Locatech IT Solutions can prove a higher interest burden.

If the customer is in arrears with the payment of the fees or a not inconsiderable part of the fees for two consecutive months, Locatech IT Solutions is entitled to terminate the contractual relationship without observing a deadline.

Locatech IT Solutions reserves the right to assert further claims due to default in payment.

§ 7 – Confidentiality

All orders are treated as strictly confidential. Our employees are bound to confidentiality and have signed a corresponding declaration.

Section 8 – Termination

If the customer terminates an order or contract, we are entitled to demand the agreed remuneration. However, we must take into account that which we save in expenses as a result of the termination or acquire or maliciously fail to acquire through other uses of our labor. In the case of agreed periods of notice, the date of receipt of the letter of termination by Locatech IT Solutions GmbH is decisive, not the date it was sent.

§ 9 – Warranty for Defects

Defects in our services must be reported immediately. In the event of a notice of defects, we always have the right to rectify the defect within a reasonable period of grace. If the rectification of defects fails, the customer is entitled to choose whether to cancel the contract (rescission) or to demand a corresponding reduction in payment (reduction). Any further claims by the customer – for whatever legal reason – are excluded. In particular, we are not liable for lost profits or other financial losses suffered by the customer. The customer must examine the work handed over immediately. Obvious defects must be reported to us within one week.

If the cause of the damage is based on intent or gross negligence or the violation of a contractual obligation, we are liable according to the statutory provisions. In the event of a breach of an essential contractual obligation, liability is limited to the damage typical of the contract.

Any further liability for damages – regardless of the legal nature of the asserted claim – is excluded.

§ 10 – Final provision

Place of jurisdiction is Dortmund. German law shall apply to all disputes relating to the order, its implementation, performance disruptions and mutual or unilateral obligations and their fulfillment.

Changes and additions to this contract must be in writing. This applies in particular to the waiver of the written form requirement.

Should one or more of the aforementioned terms and conditions be or become legally ineffective, the other conditions will not be affected.

 

Status 06/2022

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