Provider

Contact

Phone: +49 151 41675611
Email: info@seeco.io

1. General and Scope

The following General Terms and Conditions (GTC) apply to all business relationships between Seeco GmbH (hereinafter 'Provider') and its customers (hereinafter 'Customer'). The version valid at the time of conclusion of the contract shall be authoritative.

Deviating, conflicting or supplementary GTC shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.

2. Service Description

The Provider provides services in the field of software development, IT consulting and project management. The exact scope of services is determined by the respective service description, the offer or the individual agreement with the Customer.

The Provider reserves the right to change the agreed services or deviate from them if the change or deviation is reasonable for the Customer, taking into account the interests of the Provider.

3. Conclusion of Contract

The presentation of services on the website does not constitute a legally binding offer, but an invitation to submit an offer. The Customer can submit an offer by e-mail, telephone or via the contact form on the website.

A contract is only concluded when the offer is accepted by the Provider. Acceptance can be expressed either explicitly (e.g. by order confirmation) or implicitly (e.g. by commencing the provision of services).

4. Prices and Payment Terms

All prices are exclusive of statutory value-added tax. Unless otherwise agreed, invoices are payable without deduction within 14 days of invoicing.

In case of late payment, the Provider is entitled to charge default interest at a rate of 9 percentage points above the base interest rate. The assertion of further damages caused by default remains reserved.

The Customer may only offset undisputed or legally established claims. The Customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

5. Deadlines and Time Limits

Deadlines and time limits are non-binding unless expressly agreed as binding. The Provider endeavors to meet agreed deadlines. In the event of obstacles for which the Provider is not responsible, in particular in cases of force majeure, the agreed deadlines shall be extended appropriately.

Compliance with deadlines presupposes the timely and proper fulfillment of the Customer's obligations to cooperate.

6. Customer's Obligations to Cooperate

The Customer is obliged to support the Provider appropriately in the provision of the agreed services. This includes, in particular, the timely provision of all necessary information, documents and data.

If the Customer fails to fulfill his obligations to cooperate and this results in delays or additional work, the Provider may demand appropriate compensation for this.

7. Acceptance

Insofar as acceptance has been agreed or is necessary due to the nature of the service, the Customer is obliged to accept the service as soon as the Provider has indicated completion.

Insignificant defects do not entitle the Customer to refuse acceptance. In particular, defects that do not significantly impair the functionality of the service are considered insignificant.

The service shall be deemed accepted if the Customer has not refused acceptance within a reasonable period set by the Provider, stating at least one defect, or if the Customer uses the service productively.

8. Warranty

The Provider warrants that the services provided have the agreed quality and are not afflicted with defects that eliminate or reduce the value or suitability for ordinary use or the use assumed under the contract.

The warranty period is 12 months from acceptance, unless a longer period is prescribed by law.

In the event of defects, the Provider initially has the right to subsequent performance. The Customer may only demand a reduction or withdraw from the contract if the subsequent performance has failed or has been refused by the Provider.

9. Liability

The Provider shall be liable without limitation for damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty by the Provider, its legal representatives or vicarious agents.

For other damages, the Provider shall only be liable if they are based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Liability is limited to the foreseeable, typically occurring damage.

Liability for data loss is limited to the typical recovery effort that would have occurred if backup copies had been made regularly and in accordance with the risk.

10. Confidentiality

The contracting parties undertake to treat all knowledge of confidential information and trade secrets of the other contracting party obtained in the course of the initiation and execution of the contract confidentially and to use it only for the purposes of fulfilling the contract.

11. Rights to Work Results

Unless otherwise agreed, the Provider grants the Customer a simple, non-transferable, temporally and spatially unlimited right of use for its own purposes to the work results created within the framework of the contract.

Insofar as work results arise during the provision of services that are patentable or otherwise protectable by intellectual property rights, these shall belong to the Provider. The Provider grants the Customer a non-exclusive, non-transferable right of use to these.

12. Termination

Unless otherwise agreed, contracts may be terminated by either party with one month's notice to the end of the month. The right to extraordinary termination for good cause remains unaffected.

In the event of termination, the Provider is entitled to remuneration for the services provided up to the effective date of termination.

13. Final Provisions

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The place of performance and exclusive place of jurisdiction for all disputes arising from and in connection with this contract shall, to the extent legally permissible, be the registered office of the Provider.

Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, a substitute provision shall apply that comes as close as possible to the purpose intended with the invalid provision.

14. Changes to the GTC

The Provider reserves the right to change these GTC at any time. The amended conditions will be sent to the Customer by e-mail at least two weeks before they come into force. If the Customer does not object to the validity of the new GTC within two weeks of receiving the e-mail, the amended GTC shall be deemed accepted.

Status: May 2023