Terms of Service

This is a convenience translation. The German version of these terms is legally binding.

§ 1 Scope

These general terms and conditions apply to all contracts for software development, consulting and related services between Clean Code Solutions, owner Andreas Truszkowski-Graw, Adolf-Kolping-Straße 15, 48249 Dülmen, Germany (the “Contractor”), and its clients (the “Client”). Deviating terms of the Client apply only if the Contractor has expressly agreed to them in writing.

§ 2 Conclusion of contract and scope of services

The nature and scope of the services result from the individual offer or order confirmation issued by the Contractor. A contract is concluded when the Client accepts the offer in text form. Subsequent changes or extensions to the scope of services require an agreement in text form.

§ 3 Remuneration and payment terms

The remuneration agreed in the offer applies. The Contractor is a small business within the meaning of Section 19 (1) of the German VAT Act (UStG); VAT is therefore neither charged nor stated. Invoices are due for payment without deduction within 14 days of receipt. In the event of default, the statutory provisions apply.

§ 4 Client’s duties to cooperate

The Client shall provide the Contractor with all information, documents and access required for the performance of the services in good time and free of charge, and shall name a knowledgeable contact person. Delays caused by omitted or late cooperation are not attributable to the Contractor; agreed deadlines are postponed accordingly.

§ 5 Rights of use

Upon full payment of the agreed remuneration, the Contractor grants the Client a non-exclusive right of use, unlimited in time and territory, to the work results created for the Client, unless otherwise agreed in the offer. Pre-existing tools, libraries and reusable components used by the Contractor remain unaffected; the Client receives a non-exclusive right to use them within the scope of the contract. Rights to open-source components are governed by their respective licence terms.

§ 6 Liability

The Contractor is liable without limitation for intent and gross negligence as well as for damage resulting from injury to life, body or health. In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical of the contract; otherwise, liability for slight negligence is excluded. Liability under the German Product Liability Act remains unaffected.

§ 7 Warranty

The Contractor warrants the agreed quality of the work results. Defects must be reported in a comprehensible form. The Contractor is initially entitled to subsequent performance; if this fails repeatedly, the Client is entitled to the statutory rights.

§ 8 Confidentiality

Both parties undertake to treat all confidential information of the other party disclosed in the course of the cooperation as confidential and to use it only for the performance of the contract. This obligation continues to apply after termination of the contract.

§ 9 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the Client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the Contractor’s registered office. Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected.