1. General
1.1 These Terms and Conditions (T&C) apply to all contracts between Welp-IT, represented by Winston Nau (hereinafter referred to as "Service Provider") and its customers (hereinafter referred to as "Customer"), unless otherwise agreed in writing.
1.2 Deviating terms of the Customer, which are not expressly acknowledged in writing, are non-binding, even if the Service Provider does not explicitly object to them.
1.3 The Service Provider reserves the right to amend these T&C at any time. Amendments apply only to future contracts.
2. Definitions
2.1 "Services" include IT services, including web design, development of mobile and desktop applications, process automation, consulting, and other specialized software solutions.
2.2 "Errors" or "Bugs" refer to deviations of the service from the agreed specifications, which limit functionality.
2.3 "Confidential Information" includes all information marked as confidential or that should be regarded as confidential due to its nature.
3. Scope of Services
3.1 The Service Provider shall render the services specified in the contract to the best of its knowledge and belief and in accordance with current technical standards.
3.2 Changes to the scope of services may be agreed upon in writing. Additional costs may arise and must be agreed upon between the parties beforehand.
4. Customer Obligations
4.1 The Customer is obligated to provide all necessary information and materials required for the service in a timely manner.
4.2 The Customer shall provide test access, server resources, or other necessary infrastructures for the services. Delays due to insufficient cooperation by the Customer do not result in liability for the Service Provider.
4.3 The Customer is required to review the services within 7 days of completion and immediately report any defects.
5. Acceptance and Defects Notification
5.1 Acceptance is carried out upon completion of the service. The Customer has the right to check the service for compliance with the contract.
5.2 If no defect notification is made within 14 days after delivery, the service is deemed to have been accepted.
5.3 Obvious defects must be reported no later than 14 days after the service has been rendered. Otherwise, the Service Provider may consider the defects as time-barred.
6. Error Correction and Bug Fixing
6.1 In the event of errors or bugs occurring within 30 days of acceptance, the Service Provider undertakes to correct these errors free of charge, provided these errors are not due to unauthorized changes or user errors by the Customer.
6.2 Errors caused by third-party software are not the responsibility of the Service Provider. However, the Service Provider will assist in finding a solution if agreed upon in the contract.
6.3 After the 30-day period, error correction or bug fixing may be charged at the agreed hourly rates unless a maintenance contract is in place.
7. Fees and Payment Terms
7.1 The fee is based on the agreed hourly rate or a flat fee specified in the individual contract.
7.2 Invoices are due for payment within 14 days without deductions. In the event of late payment, the Service Provider reserves the right to charge interest on arrears at 5% above the applicable base interest rate of the European Central Bank.
7.3 Travel and accommodation costs will be charged separately if necessary for service provision.
8. Usage Rights and Copyright
8.1 The Service Provider grants the Customer a simple, non-transferable right of use to the provided services, unless otherwise agreed in writing.
8.2 The Service Provider reserves the right to use the provided services as a reference project, provided no confidentiality agreement prohibits this.
9. Confidentiality and Data Protection
9.1 Both parties commit to not disclose confidential information of the other party to third parties and to use it exclusively for contract fulfillment.
9.2 The Service Provider will only process personal data within the scope of order processing and in accordance with applicable data protection regulations.
10. Liability and Warranty
10.1 The Service Provider is liable only for intent and gross negligence. In the event of ordinary negligence, the Service Provider is only liable for the breach of essential contractual obligations.
10.2 Liability for consequential damages, loss of profit, operational interruptions, or data loss is excluded, unless they are due to intent or gross negligence by the Service Provider.
10.3 The Service Provider does not warrant the flawless and continuous availability of third-party software used in the provision of services.
11. Duration and Termination
11.1 The contract remains valid until the completion of the agreed services or until the expiration of an agreed period.
11.2 Either party may terminate the contract for good cause. Good cause exists if continuation of the contract is unreasonable, such as in the case of repeated serious breaches of contract.
12. Final Provisions
12.1 Amendments or additions to these T&C require written form.
12.2 Should any provision of these T&C be or become invalid, the remaining provisions remain unaffected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the original provision.
12.3 The place of jurisdiction is the Service Provider's registered office, provided this is legally permissible. The contractual relationship is governed by the laws of the Federal Republic of Germany.