General Terms and Conditions of Brandcrock GmbH
1. Scope
1.1 These General Terms and Conditions (GTC) apply to all contracts for the provision of software development, web application development, and mobile app development services (hereinafter referred to as “Services”) by Brandcrock GmbH (hereinafter referred to as “Contractor”) to its clients (hereinafter referred to as “Client”).
1.2 Deviating terms and conditions of the Client shall not apply unless expressly agreed to in writing by the Contractor.
2. Contractual Object
2.1 The subject matter of the contract is the provision of services by the Contractor in accordance with the agreed specifications.
2.2 The scope of the services is defined in the respective contract or service description.
3. Offer and Contract Conclusion
3.1 The Contractor’s offers are non-binding.
3.2 A contract shall only come into effect upon written confirmation of the order by the Contractor or by commencement of the agreed services.
4. Services and Obligations of the Contractor
4.1 The Contractor shall provide the agreed-upon services with due care and in accordance with the latest state of the art.
4.2 The Contractor is entitled to engage subcontractors if this is necessary for the proper performance of the contract.
4.3 The Contractor is obligated to comply with applicable data protection regulations, in particular the GDPR and the Federal Data Protection Act (BDSG).
5. Obligations of the Client
5.1 The Client shall provide the Contractor with all necessary information and documents.
5.2 The Client is obligated to pay the agreed remuneration on time.
6. Remuneration and Payment
6.1 The remuneration for the services provided shall be determined in accordance with the agreed remuneration agreement.
6.2 Invoices of the Contractor are due for payment within 14 days of the invoice date without deductions.
6.3 In the event of late payment, the Contractor is entitled to charge default interest.
7. Warranty and Liability
7.1 The Contractor warrants that the services provided are free from defects.
7.2 Claims for defects must be asserted within one year of acceptance of the service.
7.3 The Contractor’s liability for damages, regardless of the legal nature, is limited to intent and gross negligence. Liability for slight negligence is excluded, unless it concerns the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the Client regularly relies.
8. Data Protection
8.1 The Contractor undertakes to treat all personal data of the Client and its employees confidentially and in accordance with applicable data protection regulations.
8.2 The Contractor shall take appropriate technical and organizational measures to ensure the security of personal data.
9. Final Provisions
9.1 Amendments to this contract must be made in writing.
9.2 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a valid provision that comes closest to the economic purpose of the original provision.
9.3 Place of performance and exclusive jurisdiction is Unterschleißheim.
