1. Scope
These General Terms and Conditions (GTC) apply to all services provided by Nepomuk Software GmbH & Co. KG (hereinafter referred to as "Nepomuk Software") to its customers. Deviating, conflicting, or supplementary GTC of the customer do not become part of the contract unless their validity is expressly agreed to in writing.
2. Subject Matter of the Contract
Nepomuk Software provides software development services, consulting services, as well as the provision of software products and cloud services. The exact scope of services is determined by the respective contract or order confirmation.
3. Conclusion of Contract
A contract is concluded by written order confirmation from Nepomuk Software. Oral side agreements require written confirmation.
4. Prices and Payment
All prices are in Euros plus statutory value-added tax. Invoices are due for payment within 14 days of the invoice date without deduction. In case of payment default, default interest at a rate of 9 percentage points above the base interest rate will be charged.
5. Performance of Services
Nepomuk Software provides the agreed services to the best of its knowledge and belief. Dates and deadlines are only binding if they have been confirmed in writing. In case of delays for which Nepomuk Software is not responsible, the deadlines are extended accordingly.
6. Warranty
Nepomuk Software warrants that the services provided correspond to the agreed specifications. Warranty claims become statute-barred according to legal provisions, but at the earliest 12 months after delivery of the service.
7. Liability
Nepomuk Software is liable without limitation for intent and gross negligence. In case of slight negligence, Nepomuk Software is only liable for breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely (cardinal obligation). In this case, liability is limited to the foreseeable, contract-typical damage.
8. Data Protection
Nepomuk Software processes personal data in accordance with the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). For more information, please see our privacy policy.
9. Final Provisions
The law of the Federal Republic of Germany applies. Place of performance and jurisdiction is Hanau, provided that the customer is a merchant, legal entity under public law, or special fund under public law.