General Terms and Conditions Digital Think Tank - Dr. Ireneusz Iwanowski
Digital Think Tank - Dr. Ireneusz Iwanowski (hereinafter referred to as the contractor) Offeredt seinen commercial Clients various services that require a special relationship of trust between the contracting parties. In order to take this into account and to define the rights and obligations of both parties resulting from the contract as comprehensively as possible and to make them transparent, as well as to stipulate that the procedures necessary for the actual order processing run smoothly, our general terms and conditions apply (CONDITIONS).
Our Terms & Conditions are part of and basis for everyone between them Contractor and client concluded contracts and agreements. They also apply to all future contracts concluded between the contractor and the client and agreementswithout the need for a further express declaration of consent from the client.
The general terms and conditions do not apply or only apply to a limited extent, provided that the contracting parties contractually agree a different regulation in individual cases. All deviating agreements must be made in writing and express consent of the contracting parties. AGB of the client do not become part of the contract, even if the contractor does not expressly object to these conditions.
1. Contracting parties
The company is deemed to be the contracting party Digital Think Tank, Dr. Ireneusz Iwanowski, Lange Str. 23, 37127 Niemetal as the contractor, and the respective client (customer). Even if one of the parties is involved in the implementation of the third party contract or vicarious agents served, they do not become contractual partners. Unless expressly stated otherwise, contracts have no protective effect in favor of third parties.
The contractor is entitled to fulfill his obligations under this contract Vicarious agents or To serve third parties, unless the client's legitimate interests oppose this and provided the third party has comparable data protection and Confidentiality standards adheres to. If he makes use of this right, this does not establish a contractual relationship between the commissioned third party or vicarious agents of the contractor and the client.
The contractor undertakes to carry out the activities accepted by him to the best of his ability and using all means, knowledge and skills available to him, taking into account the current data protection regulations and as much as possible confidentiality and data protection at the current technical level carried out.
All offers, services and deliveries are made exclusively on the basis of these terms and conditions. When placing an order via the Internet, the client must declare his agreement to these terms and conditions at the latest when placing the order. If the order is placed in any other way, the terms and conditions are deemed to have been accepted if they have been made available to the client in writing and he does not expressly contradict them in writing before the start of the business relationship. The acceptance of an offer for which the general terms and conditions have been handed over to the contractor is considered as acceptance of these general terms and conditions. A contradiction with reference to the validity of the general terms and conditions of the client is not permitted.
The description of servicesen of the contractor on the Internet or in another form (e.g. flyer) are Subject to change and non-binding, and do not constitute an offer in the legal sense. Scope of services, prices and delivery times are only binding for the contractor if these have been expressly agreed between the client and the contractor (Contract or order confirmation).
A written one is required to conclude a contract offer of the ordertakers as well as the written or electronic Aacceptance of the offer through the orderdrop dead. A scientific advisory contract (service contract or fee contract) comes about when the contract is signed by both contracting parties. Neither the sending of a request from the client nor one always subject to change Bonuss of the contractor in itself justifyn a contractual relationship.
The scientific consulting contract must contain at least information on both contracting parties, the description of the project, the scope of the contractor's services, the contract duration or the service period, the remuneration and reimbursement of expenses, conditions reporting, as well as the duty of cooperation of the client and contractor contain. The contractor's data protection and confidentiality declaration applies accordingly.
The order confirmation is deemed to have been received as soon as the client can take note of it. In the case of electronic transmission, the receipt on the server on which the client's e-mail account is located is considered access. In the case of transmission by post, the general delivery time of a maximum of 3 working days applies. The actual knowledge by the client is not important.
In exceptional cases, the contract for recurring services can also be signed without prior confirmation after the express prior written agreement of both parties Execution reasons for the commissioned service.
Unless otherwise specified in the following or by the service contract, the order confirmation is binding for the object, scope, Period and remuneration of the contract. Quantities and scope in the order confirmation are based on the information provided by the client.
Insofar as the actual service to be provided deviates from the information given when the order was placed or if the client requests changes or additions, these will be charged separately according to the expenditure. If the agreed fee is likely to be exceeded by more than 10%, this requires the client's consent (in writing or in electronic form, e.g. by email).
The contractually owed services of the contractor are carried out exclusively to support the client in his respective project, which the client carries out under sole responsibility. The contractor undertakes to carry out his services competently and carefully using all means, knowledge and skills available to him. In this context, however, the contractor does not assume any responsibility for the provision of the serviceen certain success.
The contractor expressly points out that he does not offer any legal or tax advisory services. Consulting services in the field of patent registration by the contractor do not replace the legal advisory activities of a patent attorney.
The contractor is always free to choose his place of work and his working hours. Time / period and place of performance the contracting parties agree in detail by mutual agreement.
The client ensures that all necessary cooperation of the client or hisr Vicarious agents are provided in good time, to the required extent and free of charge for the contractor. Failure to comply with the principal obligations to cooperate by the client justifies a delay in the provision of services by the contractor, for which the contractor is not responsible.
4. Performance and delivery
Deliveries of the contractor's services are carried out on the previously contractually agreed transmission route, preferably by electronic data transmission (e-mail, provision on a secure server, ...), insured by courier /Transport of valuables or personally.
The contractor is only liable for the proper dispatch of the service in the most secure way possible. Loss, delay, mutilation or falsification of data during the transfer or after delivery of the service are the sole responsibility of the client, unless they are due to gross negligence or intent on the part of the contractor. The same applies to any other delivery. In the case of delivery by other means than electronic data transmission, the client bears the costs and the risk of shipping.
Prices on the contractor's homepage and advertising materials as well as in offers are subject to change. All Prices are net prices plus the applicable statutory value added tax.
The current price list of the contractor is used as the basis for the pricing in the offers and order confirmations of the contractor. The price list can be viewed by the client or potential client on request before the order is placed. Otherwise, the prices result from the written offer or the written order confirmation of the contractor or the fee contract concluded between the parties.
The calculation According to the hourly rate, billing takes place in 15 minute intervals. This means that for every 15 minutes or part thereof, the processing time is calculated proportionally to the full hourly rate.
For express services, a surcharge is added to the current price (express surcharge). The amount of the surcharge depends on the individually requested processing time window and is communicated to the client in writing in the contractor's offer or in a supplementary contract before the order is placed. With the order, the client recognizes the express surcharge agreed in each case.
6. delivery times
delivery times and performance periods are individually negotiated between the contracting parties and must be recorded in writing in the offer and order confirmation or in the fee contract and confirmed by both parties.
It should be delays when the order is carried out for which the contractor is not to blame, he will inform the client about it as soon as possible. The contractor is expressly not liable for delays and damage caused by disruptions in the IT system, the data network, a hosting provider, missing information from the client, Acts of third parties or hbased on greater violence, provided ihm gross negligence or intent is not proven in individual cases. The client bears the burden of proof for intent or gross negligence.
The other In the event of delays, the client is only entitled to withdraw from the contract after a reasonable grace period has been set and this has expired without result. A claim for damages due to non-fulfillment is excluded, except in the case of intent and gross negligence.
Payment is by transfer to the bank account or to the contractor's PayPal account after provision and acceptance the performance and invoicing. Bills are üblicherweis to within 14 Days after the invoice has been provided, payable electronically or by post. Deviating regulations can be contractually agreed and must be confirmed in writing by both parties.
After the 10th day after payment deadline comes the client in principle in default of payment, without the need for a payment reminder.
The contractor reserves the right to Aorder an advance payment of up to 50To demand% of the order amount and to issue invoices for the services already provided at regular intervals (Partial invoices).
In the event of default in payment by the client, the contractor reserves the right to provide further services to fulfill the contract only after full payment of the services already provided.
Furthermore, the contractor reserves the right to hand over open claims with demonstrable default in payment at the expense of the client to a lawyer or a debt collection service in order to legally claim the payments. The client expressly agrees that in this case the data required for processing may be passed on to third parties in compliance with the current data protection guidelines.
8. Greenrprivacy / secrecy
Both contracting parties undertake to provide all order-related and personal data and information and documents to be treated as strictly confidential. Is the transfer of information and other data or Documents required for the execution of an order, this must either be recorded in the contract or before transfer to notify the client in writing. The obligation of confidentiality also includes all vicarious agents of the contractor.
The contractor hands the (potential) client over to the (potential) client before or at the beginning of the first meeting with his valid and signed confidentiality declaration. Both parties are bound by this confidentiality agreement. Deviating from this Regulations must be communicated in writing to the respective contracting party and confirmed by them.
The contractor's obligation also includes the data and information provided by the client, as well as the documents and services required for the fulfillment of the contract, in the most secure way possible and on data media that are as secure as possible (e.g. internal servers without internet connection, external hard drives, data carriers ) in order to prevent access by unauthorized third parties and impairment by viruses or malware, as far as it is in their power.
The client is expressly advised that, given the current state of the art, absolute protection against unauthorized access by third parties or against viruses and malware cannot be guaranteed. The contractor can therefore not assume any comprehensive liability for this, only assure that he will do everything in his power to avoid unauthorized access and to minimize the risk. The client bears the remaining risk.
DThe contractor's data protection declaration applies accordingly.
9. duty to cooperate and liability of the client
The information and documents required to carry out the order must be made available as completely and correctly as possible by the client at the beginning of the service.
A delay the handover, Incompleteness or inaccuracy of the necessary information and documents to the contractor is deemed to be the fault of the client for a delayed performance of the contractor. In the event of delay in handing over the information and documents by the client, the contractor is entitled to redefine the performance period according to its economic order situation or, alternatively, to adjust it Setting a appropriaten To withdraw from the contract. If the contractor withdraws from the contract in this case, the client is obliged to pay the contractor's previous expenses and services.
The client assumes liability for all content, the Compliance with Third Party Rights as well as legal conformity (including compliance with the Youth Protection Act, the Data Protection Act, ...) the information and documents used as well as the content. An examination by the contractor regarding compliance with third party rights or statutory provisions does not take place, the contractor's liability for this is excluded.
The contractor reserves the right, in particular for websites, to only use content that is appropriate in good faith and legally permissible based on its own knowledge. Also for politically motivated, Glorifying violence or inflammatory content, this reservation applies. If the contractor rejects such content after the conclusion of the contract, he is entitled to withdraw from the contract without notice. In addition, the contractor is obliged to provide various content for the common good to report them to the appropriate authorities according to his or her general knowledge violate applicable law.
10. Contractor's liability
Dhe contractor and his vicarious agents conscientiously carry out all services according to the current state of knowledge and in compliance with the necessary and customary care.
The contractor assumes no liability or guarantee for the success of the services and measures carried out. In addition, the contractor is not liable if incorrect or incomplete information or documents from the client affect the rights of third parties.
the contractor is only liable for intent or gross negligence, which the client must prove.
11. Cancellation Policy
A right of withdrawal for entrepreneurs Institutions and registered associations is expressly excluded. These terms and conditions are expressly not aimed at consumers.
12. Immediate execution
The contractor is entitled to execute the service immediately after placing the order to start. The client expressly agrees to immediate execution by accepting these general terms and conditions.
Obvious defects in the service are to be reported to the contractor by the client in writing or by email. The complaint is to be made by merchants within the meaning of the HGB for rectification. A reasonable deadline must be set for the subsequent improvement. If such a deadline is not set, conversion and reduction are excluded. At FeIf the subsequent improvement is made after setting a deadline, the client has the right to either conversion or reduction.
14. Limitation of liability / data protection
15 Other / severability clause
All changes, additions or ancillary agreements must be made in writing.
Should individual provisions of this contract be ineffective or unenforceable, this shall not affect the legal effectiveness of the rest of the contract. In place of the ineffective or unenforceable provisions, a provision should be mutually agreed that comes closest to the economic sense of the ineffective or unenforceable provision and the interests of the client and the contractor, and is compatible with current German law. This also applies to gaps in the contract that are worth adding.
These general terms and conditions and the concluded contract are subject to German law. To the extent legally permissible, the contracting parties agree that the place of jurisdiction for disputes arising from or in connection with the contract is Göttingen.