AGB'S

ALLGEMEINE GESCHÄFTSBEDINGUNGEN

Terms & Conditions

Scope

The general terms and conditions apply to all services provided by Harald Hafner, unless otherwise agreed in writing or prescribed by law.

 Service provision

(1) The scope of the services to be provided is determined in principle 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 his knowledge and belief and are based on information available at the time the service was provided.

(3) The immaterial goods developed by Harald Hafner during the provision of the service as well as their written or graphic representation are the property of Harald Hafner and may be used for other clients unless expressly agreed otherwise in individual cases.

(4) The client guarantees that Harald Hafner will receive all documents necessary for the provision of services in a timely manner and will be informed of relevant events. This also applies to all documents and events during the performance of the service.

 Fee

 (1) The fee is calculated as a pure time fee, which is made up of the time required to complete the order. The invoice is based on the Harald Hafner time recording. When invoicing the order, only the time actually spent will be charged. Should it appear reasonable for the success of the project to exceed the planned expenditure of time, this will be agreed in advance with the client.

(2) Cash expenses and travel expenses will be charged separately according to actual expenditure, unless otherwise agreed.

(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 down 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 in more than 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 regardless of whether the service is accepted or used separately by the client.

Confidentiality and Internet data transmission

(1) Harald Hafner is obliged to maintain secrecy regarding all matters that become known to the client within the scope of his activities.

(2) The documentation produced within the scope of the service provision 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 communication via e-mail shall be borne by the client. Harald Hafner is in no way liable for such risks.

(4) The client and Harald Hafner undertake 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 liable to the client only in case of gross negligence (intent or gross negligence). This also applies to third parties called in by Harald Hafner.

(4) The client has to prove in each case that the damage is due to a fault of Harald Hafner.

(5) If Harald Hafner performs the work with the help of third parties and in this context warranty and/or liability claims arise against these third parties, Harald Hafner assigns these claims to the client.

Duration of contract

(1) The duration of the contract ends with the conclusion of the agreed scope of services specified in the order and/or project proposal.

(2) Irrespective of this, the agreement may be terminated by either party without notice for important reasons. Good cause shall be considered in particular if a contractual partner violates essential obligations, insolvency proceedings are opened or a petition for bankruptcy is rejected due to lack of cost-covering assets.

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