Terms and conditions
1. Scope of application
These General Terms and Conditions are intended for contracts for IT consulting, development and integration services, technical services as well as software and digital services with Synedat Group GmbH, Philipsbornstraße 2, 30165 Hannover. They only apply if they are effectively incorporated into the respective contract before the conclusion of the contract. Publication on the website alone does not make them part of the contract.
The offer is aimed at both entrepreneurs and consumers. A consumer is a natural person who acts for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity. Regulations that apply exclusively to entrepreneurs are marked accordingly. Individual agreements take precedence.
2. Enquiry and conclusion of contract
The presentation of topics and services on the website serves to inform and prepare an enquiry. It is not a binding offer to conclude a specific contract. A contract is concluded by the specific offer and its acceptance; services, contractual partners and acceptance period result from this offer.
In the current website design, visiting a page or clicking on a contact option does not trigger a fee-based order. For a later online ordering process, the actual ordering steps, correction options, contract confirmation and, if applicable, legally required confirmation, termination and revocation functions must be implemented and explained separately.
3. Scope of services and cooperation
The subject matter, scope, results, dates, participation and, if applicable, service hours are described in the respective contract. In the case of a service, the agreed activity is owed. If a certain success has been agreed, acceptance and defect rights are based on the relevant type of contract.
Both parties shall appoint suitable contact persons. Necessary information, access and decisions will be provided to the extent agreed. Foreseeable obstacles will be communicated as early as possible. Effects on dates, scope and remuneration will be coordinated in a comprehensible manner; these conditions do not constitute a blanket unilateral change in benefits.
4. Prices, Payment and Additional Costs
The prices and payment terms agreed in the specific offer are decisive. In the case of offers to consumers, the total price including applicable taxes must be shown; additional unavoidable costs must be specified before the conclusion of the contract. If a complete price calculation is not possible in advance, the method of calculation is explained.
In the case of offers addressed exclusively to entrepreneurs, net prices plus VAT may be shown if this is clearly recognisable. Payment deadlines, billing according to expenditure, travel expenses and any deductions must be clearly regulated in the offer. In the absence of a separate agreement, this draft does not establish any additional fees.
5. Software, Rights of Use and Documents
The type and scope of the granted rights of use, approved users or systems, duration and, if applicable, the handover of source code and documentation are described in the contract. Rights to existing tools and components are only granted to the extent expressly agreed.
In the case of third-party components and open source software, the relevant license terms must be taken into account and made accessible. Legally binding rights of use remain unaffected. For digital products vis-à-vis consumers, the relevant legal requirements for provision, conformity with the contract and necessary updates apply in particular.
6. Acceptance, defects and liability
Insofar as a service is owed, acceptance is carried out in accordance with the statutory provisions and the specific service agreement. A mere notification of the provision of a result does not replace a necessary acceptance.
The statutory rights to defects apply. A guarantee only exists if it is expressly promised as such. The statutory provisions apply to damages and other liability issues; this draft does not contain a blanket exemption from liability or limitation of mandatory consumer rights.
7. Confidentiality and personal data
Confidential information will only be used to the extent agreed and for the respective task. Legally required disclosures and legitimate rights of third parties must be observed. Protection, recipient group and return or deletion are coordinated according to the project.
If personal data is processed on behalf, the necessary agreement must be concluded before the start of this processing. These GTC do not replace a data processing agreement or specific technical and organisational measures.
8. Term and Termination
The start, term, termination options and, if necessary, extensions result from the respective agreement and the statutory provisions. Consumer contracts are subject to the mandatory requirements for permissible terms and termination options. This draft does not order automatic contract renewals.
Extraordinary termination for good cause as well as other mandatory statutory termination rights remain unaffected. The transfer, export and deletion of data after the end of the contract must be regulated in the respective service and data protection context.
9. Consumer information and revocation
In the case of distance contracts and contracts concluded outside business premises, consumers are generally entitled to a statutory right of withdrawal, unless a statutory exception applies. The cancellation policy and the model withdrawal form that match the specific subject matter of the contract must be provided before the contract is concluded.
For services, digital content and goods, different requirements may apply for the start of the period, exercise and consequences. An early start of performance or loss of the right of revocation is not caused solely by the acceptance of these GTC. Necessary declarations must be obtained separately and appropriately for the respective service.
10. Complaint contact and final regulations
If you have any questions or complaints, you can reach us at [email protected], by phone at +49 511 546850-0 or at the above address. Whether there is an obligation or willingness to participate in consumer arbitration has yet to be confirmed for the final version.
The legal regulations on applicable law and jurisdiction apply. Mandatory protective provisions in favor of consumers are not restricted by these conditions. If a provision is invalid, the consequences are based on the statutory provisions.
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