The General Terms and Conditions (GTC’s) apply to all services provided by Harald Hafner, unless otherwise agreed in writing or prescribed by law.
Provision of Services
(1) The scope of the services to be provided is generally determined by the order confirmation and the underlying project proposal. Changes and additions must be made in writing.
(2) Harald Hafner’s services are provided to the best of its knowledge and belief and are based on information available at the time the services are provided.
(3) The intangible property developed by Harald Hafner during the provision of services as well as their written or graphic representation is the property of Harald Hafner and may be used for other Clients unless expressly agreed otherwise in individual cases.
(4) The Client warrants that Harald Hafner will receive all documents necessary for the performance of the service in a timely manner and will be informed of relevant events. This also applies to all documents and events during the provision of services.
(1) The fee is calculated as a pure time fee, which is based on the time required for the performance of the assignment. Invoicing is based on the Harald Hafner time record. When invoicing the assignment, only the time actually spent will be charged. Should it appear reasonable to exceed the planned time expenditure for the success of the project, this will be agreed with the Client in advance.
(2) Unless otherwise agreed, cash expenses and travel expenses shall be invoiced separately according to actual expenditure.
(3) The fee claim remains valid even if the further execution or completion of the order is not possible due to circumstances for which Harald Hafner is not responsible.
(4) Harald Hafner is entitled to demand advance payments.
(5) All invoices are due within 14 days of the invoice date, without further deductions.
(6) If invoices are not paid on time, Harald Hafner is entitled to charge default interest of 5% on all amounts due after 14 days (invoice date). In addition, all costs associated with the dunning process will be charged to the Client.
(7) Payment of the fee is due irrespective of whether the service is accepted or used separately by the client.
Confidentiality and Internet Data Transmission
(1) Harald Hafner is obliged to maintain confidentiality about all matters which become known in the course of the work for the Client.
(2) The documentation created in the course of the provision of services may only be handed over to third parties with the consent of the Client.
(3) All possible damages and other disadvantages resulting from the transmission of data via the Internet and from communication via e-mail are borne by the Client. Harald Hafner is in no way liable for such risks.
(4) The Client and Harald Hafner undertake to take measures to protect the integrity of data. Harald Hafner is in no way liable for such risks.
Copyright and Liability
(1) The copyrights for the works created by Harald Hafner, his employees or commissioned third parties remain with Harald Hafner.
(2) The Client is not entitled to reproduce and/or distribute the work(s) without the express consent of Harald Hafner.
(3) Harald Hafner is only liable to the Principal in the event of gross negligence (intent or gross negligence). This also applies to third parties engaged by Harald Hafner.
(4) The Client must in each case provide evidence that the damage is attributable to fault on the part of Harald Hafner.
(5) Insofar as Harald Hafner performs the work with the assistance of third parties and warranty and/or liability claims arise against these third parties in this context, Harald Hafner assigns these claims to the Principal.
Duration of Contract:
(1) The term of the contract ends with the completion of the agreed scope of services specified in the order and/or project proposal.
(2) Notwithstanding the foregoing, the agreement may be terminated for good cause by either party without notice. Good cause shall be deemed to exist in particular if a contracting party breaches material obligations, insolvency proceedings are opened or a bankruptcy petition is dismissed for lack of cost-covering assets.
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