Terms and Conditions
The following terms and conditions shall apply between AC Inorms GmbH (LLC) - hereinafter referred to as the contractor - and the clients for all orders, unless otherwise agreed in writing. Deviating, conflicting or supplementary general terms and conditions, even if known, will not become part of the contract, unless their validity is expressly agreed in writing.
Scope of Services of the Order
The terms of reference, the procedure and the nature of the documents and records to be supplied shall be agreed between the Contractor and the Client in writing or verbally. The Contractor shall only act on the basis of an order confirmed in writing by the Client or of a concluded contract in which the services to be provided are defined. Changes, additions or extensions to the task as well as the type of working documents require a special written agreement.
Duties of the Contractor
The contractor is obliged to observe the provisions of the data protection laws and data protection regulations. The Contractor shall be obliged to have its employees issue a corresponding declaration of commitment.
Duties of the Customer
The Customer is obliged to support the activities of the Contractor. In particular, by creating all necessary conditions in his business area that are required for the proper execution of the order. Both parties commit themselves to mutual loyalty.
Liability and Compensation
The Contractor's liability for all claims shall be limited to the value of the order. The Contractor excludes liability for slightly negligent breaches of duty, provided that these do not relate to material contractual obligations, damage arising from injury to life, limb or health. Liability of the Contractor for consequential damages, lost profits, lost savings and other financial losses shall be excluded.
If non-compliance with deadlines is due to force majeure or similar events, such as strike, lockout or bureaucratic arbitrariness, which make the performance of the service significantly more difficult or impossible, the deadlines shall be extended accordingly. This shall also apply in the event of non-fulfillment of the customer's obligations to cooperate.
Duration of Contract and Termination
The contract shall end upon expiry of the agreed period. The contract can be terminated before the agreed termination date in writing with a notice period of 12 weeks if operational reasons of the client require this. The full remuneration shall be paid for the services rendered by the Contractor up to the end of the contract.
Due Date, Right of Retention, Set-off
Unless otherwise stated in the order confirmation, payments shall be made within 7 days of the invoice date by bank transfer to one of the accounts specified in the invoice forms without deduction. The Customer shall be in default of payment 7 days after the due date without any further declaration by the Contractor, unless the Customer has made payment. As long as the Contractor has not received the payment in full, the Client cannot assert claims and rights due to defects.
Invoices shall be sent electronically by e-mail. All claims of the Customer against the Contractor shall become statute-barred, insofar as legally permissible and not otherwise regulated, no later than twelve months after the termination of the contract. After expiry of this period, any claims due to a defectiveness of the work or service shall be excluded.