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for the provision of services by ThreeB IT GmbH, Bergstrang 105, 49479 Ibbenbüren, E-mail: hallo@threebit.io (hereinafter “Contractor”) to its customers (hereinafter “Client”)
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor incorporating these GTC.
1.2 The Contractor is entitled to subcontract the required services in its own name and on its own account to subcontractors, who in turn may also engage subcontractors. The Contractor remains the sole contractual partner of the Client. Subcontractors will not be engaged if it is apparent to the Contractor that their engagement would conflict with the legitimate interests of the Client.
1.3 Insofar as additional contractual documents or other terms and conditions in text or written form have become part of the contract in addition to these GTC, the provisions of these additional contractual documents shall take precedence over these GTC in the event of conflict.
1.4 The Contractor does not recognize any GTC deviating from these terms and conditions that are used by the Client, unless the Contractor has expressly agreed to them.
2.1 The Contractor provides the following services to the Client as an independent entrepreneur:
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2.2 The specific scope of services is the subject of individual agreements between the Contractor and the Client.
2.3 The Contractor shall provide the contractually agreed services with the greatest possible care and diligence in accordance with the latest standards, rules, and knowledge.
2.4 The Contractor is obligated to provide the contractually owed services. However, in carrying out its activities, it is not subject to any instructions regarding the manner of providing its services, the place of service provision, or the time of service provision. It will, however, schedule the working days and the time allocation on these days in such a way as to achieve optimal efficiency in its activities and in the realization of the subject matter of the contract. The Contractor’s service provision takes place solely in coordination and in consultation with the Client.
It is the Client’s responsibility to provide the information, data, and other content to be made available for the purpose of service fulfillment completely and correctly. The Contractor is in no way responsible to the Client for delays in service provision caused by late and necessary cooperation or input from the Client; the provisions under the heading “Liability/Indemnification” remain unaffected.
4.1 The remuneration shall be agreed upon individually.
4.2 The remuneration is payable after the services have been rendered. If the remuneration is measured by time periods, it shall be payable after the expiry of the individual time periods (§ 614 BGB). In the case of effort-based billing, the Contractor is entitled, subject to deviating agreements, to invoice the services rendered on a monthly basis.
4.3 The Contractor shall issue an invoice to the Client after rendering the services by post or e-mail (e.g. as PDF). The remuneration is due for payment within 14 days of receipt of the invoice.
5.1 The Contractor shall be liable without limitation for any legal reason in the case of intent or gross negligence, in the case of intentional or negligent injury to life, body or health, on the basis of a guarantee promise, unless otherwise regulated in this regard, or on the basis of mandatory liability. If the Contractor negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies pursuant to the preceding sentence. Material contractual obligations are obligations which the contract imposes on the Contractor according to its content for the purpose of achieving the contractual objective, the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the Client may regularly rely. In all other respects, the Contractor’s liability is excluded. The above liability provisions also apply with regard to the Contractor’s liability for its vicarious agents and legal representatives.
5.2 The Client shall indemnify the Contractor against any claims by third parties asserted against the Contractor due to violations by the Client of these contractual conditions or applicable law.
6.1 The contract duration and the periods for ordinary termination shall be agreed individually by the parties.
6.2 The right of both parties to terminate without notice for good cause remains unaffected.
6.3 The Contractor shall return or destroy all documents and other content entrusted to it immediately upon termination of the contract at the Client’s choice. The assertion of a right of retention thereon is excluded. Electronic data must be completely deleted. Exempt from this are documents and data for which a longer statutory retention obligation exists, but only until the end of the respective retention period. The Contractor shall confirm the deletion in writing to the company upon request.
7.1 The Contractor shall treat all matters that come to its knowledge in connection with the contract in strict confidence. The Contractor undertakes to impose the obligation of confidentiality on all employees and/or third parties who have access to the contract-related information. The obligation of confidentiality shall apply indefinitely beyond the duration of this contract.
7.2 The Contractor undertakes to comply with all data protection regulations – in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act – when carrying out the contract.
8.1 The law of the Federal Republic of Germany shall apply to the exclusion of the CISG.
8.2 Should any provision of these GTC be or become invalid, the validity of the remaining GTC shall not be affected thereby.
8.3 The Client shall support the Contractor in providing its contractual services through appropriate cooperation, insofar as necessary. In particular, the Client shall provide the Contractor with the information and data required to fulfill the contract.
8.4 If the Client is a merchant, a legal entity under public law or a public-law special fund, or does not have a general place of jurisdiction in Germany, the parties agree that the Contractor’s registered office shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction shall remain unaffected.
8.5 The Contractor is entitled to amend these GTC for objectively justified reasons (e.g. changes in case law, legislation, market conditions or business or corporate strategy) and in compliance with a reasonable period of notice. Existing customers will be notified of this by e-mail no later than two weeks before the amendment takes effect. If the existing customer does not object within the period set in the amendment notification, their consent to the amendment shall be deemed to have been given. If the customer objects, the amendments shall not take effect; in this case, the Contractor is entitled to terminate the contract extraordinarily at the time the amendment takes effect. The notification of the intended amendment of these GTC shall draw attention to the deadline and the consequences of objection or failure to object.
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The provider is neither willing nor obligated to participate in consumer dispute resolution proceedings under the VSBG (German Consumer Dispute Resolution Act).
Our e-mail address can be found in the heading of these GTC.