AGB

Terms and Conditions (T&C)

Alois Kleine ak-system-software, Wilhelmstr.9, 33602 Bielefeld, kleine@ak-system-software.de
Effective: June 2025

§1 Scope of Application

These Terms and Conditions apply to all contracts between [Your Company Name] (hereinafter referred to as “Contractor”) and its clients regarding the development of custom software, in particular API interfaces, database solutions, and related consulting or support services.

§2 Services Provided

  1. The type and scope of the services are defined in the respective offer or project specification.

  2. The Contractor develops customized software solutions, primarily API interfaces and database-driven applications.

  3. Additional services such as documentation, test environments, training, or support are only included if explicitly agreed upon in writing.

§3 Client Obligations

  1. The Client agrees to provide all necessary information, system access, and relevant contact persons in a timely manner.

  2. The Client is responsible for the accuracy and completeness of any data or specifications provided.

  3. Any delays resulting from missing or delayed cooperation will extend agreed deadlines accordingly.

§4 Acceptance

  1. Upon completion of development, the Client shall review and accept the deliverables.

  2. Acceptance shall be confirmed in writing or inferred through implied use (e.g., deployment in production).

  3. If no material defects are reported within 10 working days of delivery, the software is deemed accepted.

§5 Rights of Use

  1. Unless otherwise agreed, the Client receives a non-exclusive, non-transferable, and perpetual right to use the delivered software internally.

  2. Any sublicensing or transfer to third parties requires prior written consent from the Contractor.

  3. The source code remains the property of the Contractor unless explicitly agreed otherwise in writing.

§6 Fees and Payment Terms

  1. The Contractor’s services are billed based on the agreed hourly rate or fixed price stated in the offer.

  2. Invoices are due within 14 days of the invoice date, without deductions.

  3. In the event of late payment, the Contractor may suspend further services.

§7 Defects and Liability

  1. The Contractor provides services with due care and in accordance with current technical standards.

  2. The Contractor shall not be liable for defects resulting from incomplete or inaccurate Client specifications.

  3. Liability is limited to willful intent and gross negligence. The Contractor is only liable for data loss if the Client proves regular and complete backups.

§8 Confidentiality and Data Protection

  1. Both parties agree to treat all non-public information exchanged during the collaboration as confidential.

  2. In cases involving personal data, the Client is deemed the data controller under the GDPR. A data processing agreement (DPA) will be concluded separately if required.

§9 Term and Termination

  1. The contract term is defined in the individual agreement.

  2. Ordinary termination is possible with 14 days’ notice to the end of the month, unless otherwise specified.

  3. The right to immediate termination for good cause remains unaffected.

§10 Final Provisions

  1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

  2. The place of jurisdiction, where legally permissible, is the Contractor’s registered office.

  3. Should any clause of these Terms be or become invalid, the remaining provisions shall remain unaffected.