1.1. These General Terms and Conditions (hereinafter "GTC") apply to all contracts, deliveries and other services between "Withanage", Langer Anger 72, 69115 Heidelberg (hereinafter "Provider") and its customers (hereinafter "Customer"), unless expressly deviating agreements have been made in writing.
1.2. Deviating or supplementary terms and conditions of the Customer shall not become part of the contract unless their validity is expressly agreed to in writing.
2.1. The presentation of the Provider's services on the website does not constitute a legally binding offer, but rather an invitation to the Customer to submit an offer.
2.2. A contract is only concluded upon the Provider's written confirmation, either by email or through the provision of the service.
3.1. The Provider provides software services such as software development, consulting and support in accordance with the individual agreement with the Customer.
3.2. The specific scope of services results from the respective service description, which is set out in writing within the framework of the contract.
3.3. The Provider reserves the right to adapt the services insofar as this is necessary to comply with legal requirements or to improve the services.
4.1. All prices are net, without stating value added tax, due to the application of the small business regulation pursuant to § 19 UStG.
4.2. Unless otherwise agreed, payment is due immediately after invoicing without deduction. The Customer shall be in default 14 days after receipt of the invoice, without the need for a reminder.
4.3. In the event of default in payment, the Provider is entitled to demand default interest at a rate of 9 % above the base interest rate of the European Central Bank.
5.1. The Provider grants the Customer a simple, non-transferable right of use to the software, limited in time to the contract term, insofar as this is necessary for the use of the contractually agreed services.
5.2. The Customer is not entitled to reproduce, modify, distribute or make the software available to third parties, unless this is expressly permitted under the contract.
5.3. All copyrights, trademark rights and other intellectual property rights to the software remain with the Provider.
6.1. The Provider shall only be liable for damages attributable to intentional or grossly negligent breaches of duty. For slight negligence, the Provider shall only be liable in the event of a breach of essential contractual obligations (cardinal obligations).
6.2. The Provider's liability is limited to the typical, foreseeable damage. Liability for indirect damages, in particular for lost profits, is excluded.
6.3. The Provider does not warrant that the software will function without interruption or error or that certain results can be achieved through the use of the software.
7.1. Both parties undertake to treat all confidential information that becomes known within the framework of the contractual relationship as confidential and not to disclose it to third parties.
7.2. This obligation shall continue to apply even after termination of the contract.
8.1. The term of the contract results from the individual agreement between the Provider and the Customer.
8.2. The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the Customer repeatedly breaches essential contractual obligations.
9.1. The Provider collects, processes and uses the Customer's personal data exclusively within the framework of the applicable data protection laws.
9.2. Further information on data processing can be found in the Privacy Policy of the Provider.
10.1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
10.2. The place of performance and jurisdiction is the registered office of the Provider, provided that the Customer is a merchant, a legal entity under public law or a special fund under public law.
10.3. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a regulation that comes closest to the economic purpose of the invalid provision.
For questions regarding these GTC, please contact: