Terms of Services (ToS)
Scope 1.1. These General Terms and Conditions (T&Cs) apply to all contracts, deliveries, and services between Darouiche Darouiche Project and Consulting (hereinafter referred to as the "Contractor") and its customers (hereinafter referred to as the "Client"). 1.2. Deviating or supplementary conditions of the Client shall only become part of the contract if the Contractor has expressly agreed to them in writing.
Conclusion of Contract 2.1. Offers from the Contractor are subject to change and non-binding unless they are expressly marked as binding. 2.2. A contract is only concluded upon written confirmation of the order by the Contractor or by the actual provision of the service. 2.3. Oral side agreements require written confirmation by the Contractor to be effective.
Services 3.1. The scope of services to be provided by the Contractor is specified in the respective order confirmation. 3.2. The Contractor is entitled to use subcontractors to fulfill its obligations. 3.3. The Client is obliged to provide the Contractor with all information and documents necessary for the provision of services in a timely and complete manner. 3.4. The Client is responsible for the accuracy and completeness of the information and documents provided by them.
Remuneration and Terms of Payment 4.1. The remuneration for the Contractor's services is specified in the respective offer or order confirmation. 4.2. All prices are exclusive of the applicable statutory value-added tax. 4.3. Invoices of the Contractor are due for payment without deduction within 14 days of the invoice date, unless otherwise agreed. 4.4. In the event of late payment, the Contractor is entitled to charge default interest at a rate of 9 percentage points above the respective base interest rate. 4.5. The Client is only entitled to set-off or retention if their counterclaims have been legally established or acknowledged by the Contractor.
Liability 5.1. The Contractor is only liable for damages caused intentionally or through gross negligence by them or their vicarious agents. 5.2. In the event of slight negligence, the Contractor is only liable for the breach of essential contractual obligations and for damages arising from injury to life, body, or health. 5.3. The Contractor's liability is limited to the foreseeable, contractually typical damage. 5.4. The Contractor is only liable for data loss if the Client has performed regular data backups and data recovery is possible with reasonable effort.
Confidentiality 6.1. The Contractor undertakes to maintain the confidentiality of all confidential information of the Client that becomes known to them in the course of the cooperation. 6.2. This obligation also applies after the termination of the contractual relationship.
Copyright 7.1. All works created by the Contractor, in particular concepts, designs, and documentation, are protected by copyright. 7.2. The Client receives a simple, non-transferable right of use to the works for the agreed purpose. 7.3. Any further use requires the express written consent of the Contractor.
Data Protection 8.1. The Contractor processes personal data of the Client within the framework of the statutory provisions. 8.2. The Contractor's privacy policy is available on the website [website address, if applicable].
Final Provisions 9.1. The law of the Federal Republic of Germany shall apply. 9.2. The place of jurisdiction for all disputes arising from or in connection with this contract is 1 [place of jurisdiction], provided the Client is a merchant, a legal entity under public law, or a special fund under public law. 9.3. Should individual provisions of these T&Cs be or become ineffective, this shall not affect the validity of the remaining provisions. 9.4. Changes or additions to these T&Cs must be made in writing.
Darouiche Darouiche Project and Consulting
Lenaustr. 18
86179 Augsburg