General Terms and Conditions (AGB)
for makematiq GmbH
(hereinafter referred to as "the Company")
§1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all contracts, services and performances offered and rendered by the Company in the field of management consulting for customers (hereinafter referred to as "Customer" or "Customers") in Europe.
1.2 Any terms and conditions of the Client that conflict with or deviate from these GTC shall not be recognized unless the Company has expressly agreed to their validity in writing.
§2 Conclusion of contract and scope of services
2.1 Offers made by the company are subject to change and non-binding. A contract shall only come into existence upon written confirmation of the order by the Company or upon commencement of the provision of services.
2.2 The services to be provided are defined in the respective offer or order confirmation. Changes and extensions to the scope of services require a written agreement.
§3 Prices and terms of payment
3.1 The services shall be remunerated on the basis of the company's price list valid at the time of conclusion of the contract or on the basis of individual agreements.
3.2 Unless otherwise agreed, invoices are due for payment without deduction within 14 days of invoicing. In the event of late payment, the Company shall be entitled to charge interest on arrears at the statutory rate.
§4 Provision of services and obligations to cooperate
4.1 The Company shall provide its services to the best of its knowledge and belief and in compliance with the professional regulations applicable to management consultancies.
4.2 The client is obliged to provide all information and documents required for the execution of the order in good time. Delays due to insufficient cooperation on the part of the client may lead to an extension of the service provision.
§5 Liability
5.1 The company shall be liable for intent and gross negligence in accordance with the statutory provisions. In the event of slight negligence, the company shall only be liable for the breach of material contractual obligations, whereby liability shall be limited to the foreseeable damage typical for the contract.
5.2 The limitations of liability shall not apply to damages resulting from injury to life, body or health and in the event of liability under the Product Liability Act.
§6 Confidentiality and data protection
6.1 Both parties undertake to maintain the confidentiality of all confidential information and documents obtained within the framework of the contractual relationship, even after termination of the contractual relationship. This shall not apply to information which is generally known or which was already known to the recipient prior to disclosure.
6.2 The company undertakes to comply with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and national data protection laws. The processing of personal data shall only take place within the framework of the statutory provisions or on the basis of the customer's express consent.
§7. Copyrights
7.1 The company reserves all copyrights and other property rights to the documents, analyses, expert opinions, reports, presentations and other work results created in the course of the provision of services.
7.2 The customer shall receive a simple, non-transferable right to use the work results for the contractually agreed purpose. Any further use or publication requires the prior written consent of the company.
§8. Final provisions
8.1 Amendments or additions to these GTC must be made in writing. This also applies to the waiver of this written form requirement.
8.2 Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that comes closest to the economic purpose of the provision to be replaced.
8.3 The contractual relationship between the company and the customer and these GTC shall be governed by the law of the country in which the company has its registered office, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
8.4 The place of jurisdiction for all disputes arising from or in connection with the contractual relationship is the registered office of the company, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. However, the company is also entitled to sue the customer at his general place of jurisdiction.
8.5 The contractual language is German. If the contract or these GTC are available in several language versions, the German version shall prevail.
8.6 These GTC shall also apply to future business relationships with the customer, even if they are not expressly agreed again.
8.7 Collateral agreements, assurances or other agreements that deviate from or supplement these GTC shall only be effective if they have been agreed in writing.
Severability clause
In the event that one or more provisions of these GTC are or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be deemed to be replaced by a provision that comes closest to the economic purpose of the original provision and is legally permissible. The same applies to any loopholes in these GTC.
Status: April 2024