for the provision of services by Oliversuite GmbH, Oststraße 12a, 87527 Sonthofen, email: info@oliversuite.de (hereinafter referred to as "Contractor") to its customers (hereinafter referred to as "Client")
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor incorporating these GTC.
1.2 Insofar as, in addition to these General Terms and Conditions, further contractual documents or other terms and conditions in text or written form have become part of the contract, the provisions of these further contractual documents shall take precedence over these General Terms and Conditions in the event of a contradiction.
1.3 The Contractor shall not accept any terms and conditions used by the Client that deviate from these Terms and Conditions, unless expressly agreed to by the Contractor.
2.1 The Contractor shall provide the following services to the Client as an independent contractor:
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2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.
2.3 The Contractor shall provide the contractual services with the greatest possible care and conscientiousness in accordance with the latest standards, rules and findings.
2.4 The Contractor is obligated to provide the services owed under the contract. However, in performing its work, the Contractor is not subject to any instructions regarding the manner in which its services are to be provided, the location of the services, or the time of their provision. However, the Contractor will determine the scheduling of the work days and the time allocation on these days in such a way as to achieve optimal efficiency in its work and in the realization of the contractual object. The Contractor's performance of the services shall be carried out solely in consultation and coordination with the Client.
It is the client's responsibility to provide all information, data, and other content required for the performance of the service in a complete and accurate manner. The contractor shall not be liable to the client in any way for delays or delays in the provision of the service caused by delayed and necessary cooperation or assistance from the client; the provisions under the heading "Liability/Indemnity" remain unaffected.
4.1 The remuneration will be agreed upon individually.
4.2 Remuneration shall be paid upon completion of the services. If remuneration is calculated based on time periods, it shall be paid after the expiration of each time period (Section 614 of the German Civil Code). In the case of time-based billing, the Contractor is entitled, unless otherwise agreed, to invoice the services rendered on a monthly basis.
4.3 After the services have been provided, the Contractor will send the Client an invoice by mail or email (e.g., as a PDF). Payment is due within 14 days of receipt of the invoice.
5.1 The Contractor shall be liable without limitation for any legal reason in the event of intent or gross negligence, intentional or negligent injury to life, limb, or health, due to a guarantee promise, unless otherwise provided, or due to mandatory liability. If the Contractor negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the preceding sentence. Material contractual obligations are obligations that the contract imposes on the Contractor in accordance with its content to achieve the contractual purpose, the fulfillment of which is essential for the proper execution of the contract, and on whose compliance the Customer may regularly rely. Otherwise, the Contractor's liability is excluded. The above liability provisions also apply with regard to the Contractor's liability for its vicarious agents and legal representatives.
5.2 The Client shall indemnify the Contractor against any claims made by third parties against the Contractor due to breaches by the Client of these Terms and Conditions or of applicable law.
6.1 The duration of the contract and the notice periods for ordinary termination shall be agreed upon individually by the parties.
6.2 The right of both parties to terminate the contract without notice for good cause remains unaffected.
6.3 The Contractor shall immediately return or destroy all documents and other content provided to it after termination of the contract, at the Customer's discretion. The assertion of a right of retention is excluded. Electronic data must be completely deleted. Exempt from this are documents and data for which a longer statutory retention period applies, but only until the end of the respective retention period. The Contractor must confirm the deletion to the Company in writing upon request.
7.1 The Contractor shall treat all information that comes to its knowledge in connection with the contract as strictly confidential. The Contractor undertakes to impose this obligation of confidentiality on all employees and/or third parties who have access to the information subject to the contract. This obligation of confidentiality shall apply indefinitely beyond the term of this contract.
7.2 The Contractor undertakes to comply with all data protection regulations – in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act – when carrying out the contract.
8.1 The law of the Federal Republic of Germany shall apply, excluding the CISG.
8.2 Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions of these Terms and Conditions shall not be affected.
8.3 The Client shall support the Contractor in the provision of its contractual services through appropriate cooperation, where necessary. In particular, the Client shall provide the Contractor with the information and data necessary to fulfill the contract.
8.4 If the Client is a merchant, a legal entity under public law or a special fund under public law or does not have a general place of jurisdiction in Germany, the parties agree that the registered office of the Contractor shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.
8.5 The Contractor is entitled to amend these Terms and Conditions for objectively justified reasons (e.g., changes in case law, the legal situation, market conditions, or business or corporate strategy) and subject to a reasonable period of notice. Existing customers will be notified of such amendments by email at least two weeks before the amendments take effect. If the existing customer does not object within the period specified in the notification of amendments, their consent to the amendments shall be deemed given. If they object, the amendments shall not take effect; in this case, the Contractor is entitled to terminate the contract with immediate effect at the time the amendments take effect. The notification of the intended amendment to these Terms and Conditions will indicate the deadline and the consequences of the objection or failure to object.
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer. The provider is neither willing nor obliged to participate in consumer dispute resolution proceedings under the Consumer Dispute Resolution Act (VSBG).
Our email address can be found in the heading of these Terms and Conditions.
