General Terms and Conditions (GTC)

These General Terms and Conditions apply to all contracts, deliveries, and services between Rahms Technologies, proprietor Elias Johannes D. Rahms, Bahnhofstraße 1A, 31707 Bad Eilsen (hereinafter "Contractor"), and commercial clients (hereinafter "Client") within the meaning of § 14 BGB. Deviating, conflicting, or supplementary conditions of the Client shall not become part of the contract unless their validity is expressly agreed to in writing.

Rahms Technologies provides services in the field of software development, web development, and IT consulting. The specific scope of services is determined by the respective offer or project contract. Changes and extensions require written confirmation by the Contractor.

Offers by the Contractor are non-binding unless expressly designated as binding. A contract is concluded by written or electronic order confirmation by the Contractor or by commencement of service provision.

The Contractor provides the contractually agreed services to the best of its knowledge and technical standards. The Client undertakes to provide all information, data, access, and content required for the provision of services in a timely manner. Delays due to lack of cooperation by the Client extend the service deadlines accordingly.

After delivery of the developed software or partial services, the Client is obliged to examine them immediately and to notify any defects in writing. If no notice of defects is given within 10 working days, the service is deemed accepted. Immaterial defects do not entitle the Client to refuse acceptance.

Unless otherwise agreed, the hourly rates or flat rates stated in the offer apply. Invoices are due for payment within 14 days of the invoice date without deduction. All prices are net of VAT in accordance with § 19 UStG (small business regulation). In the event of default in payment, the Contractor is entitled to suspend the service until full payment has been made.

After full payment, the Contractor grants the Client a simple, non-transferable, temporally and spatially unlimited right of use to the created software or work results. The source code remains the copyright property of the Contractor unless otherwise agreed in writing. The Client is not entitled to publish, distribute, or license the code without consent.

The Contractor warrants that the services provided meet the agreed specifications. Defects must be reported in writing within 10 days of discovery. The Contractor will remedy justified defects at its own discretion by subsequent improvement or replacement performance. If subsequent improvement fails twice, the Client may reduce the remuneration or withdraw from the contract.

The Contractor is only liable without limitation in cases of intent or gross negligence. In cases of slight negligence, liability exists only in the event of breach of essential contractual obligations ("cardinal obligations") and only up to the amount of foreseeable, typical damage. Any further liability is excluded. Liability for data loss is limited to the typical restoration effort with proper data backup. The Contractor maintains business liability insurance for this purpose.

Support, update, or maintenance services are not included in the basic contract and will be remunerated – if agreed – on an effort basis or under a separate contract. Response times and service level agreements (SLA) require written agreement.

Both parties undertake to treat all confidential information disclosed in the course of the cooperation in strict confidence. This also applies after termination of the contractual relationship. Confidential information may only be passed on to third parties with the express consent of the other party.

The Contractor processes personal data exclusively in accordance with the applicable data protection laws and the principles described in the privacy policy. If the Contractor processes personal data on behalf of the Client, a separate data processing agreement (DPA) will be concluded.

German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction for all disputes arising from the contractual relationship is Bad Eilsen (Lower Saxony), insofar as legally permissible. Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.