General terms and conditions
1. Time frame
To be defined in the course of concrete project planning.
2. Procurement and delivery.
manaTec shall handle the commercial side of orders and call-offs.
If delays occur within the scope of a project with flat rate payment (project price) for which manaTec is not responsible, the project duration shall be extended and the resulting additional costs shall be charged subsequently.
3. Place of performance
The place of performance shall be the premises of manaTec in Dresden.
All workshops and trainings shall be offered as webinars via Teamviewer or Google Meet or other suitable technologies.
4. Cooperation obligations of the customer
To ensure an optimal project flow, free access to all rooms and systems relevant for the installation is required. Furthermore, if technically necessary, passwords (including administrator passwords) or timely system access must be provided.
The customer shall provide qualified employees (key users) who are able to support manaTec employees in the required handling and to provide information. The customer shall provide own workstations, access to the Internet, premises for meetings and remote access to the relevant systems of the customer, if remote activities are planned. Acceptance of the project's services shall be carried out by decision-making employees of the Customer immediately after the work has been inspected. If there is no acceptance or refusal of acceptance within two weeks after handover, the work is considered accepted. The customer is responsible for the security of the data and its backup. This must be carried out before the work is started.
All services performed by manaTec in the area of electronically managed accounting shall not release the customer from its obligations to check the stored data for compliance. The taxpayer shall be solely responsible for the correctness of electronic books and otherwise required electronic records, including the procedures used. manTec shall not assume any liability for the correctness of the data stored in the system.
5. Terms of payment
The delivered hardware and software shall be invoiced immediately after delivery. manaTec shall have the option to invoice items of the offer individually according to the degree of completion. All prices are net prices and are subject to the applicable statutory value-added tax. All payments shall be due within 14 days after receipt of the invoice without any deductions..
6. Travel expenses
Travel and accommodation costs will be invoiced separately.
7. General
7.1 Validity
Should any provision of this Offer be invalid in whole or in part or prove to be unenforceable, the validity of the remaining contents of the Offer shall not be affected thereby. The parties to the offer shall replace the invalid or unenforceable provisions by an agreement which corresponds to the economically intended agreement and whose content comes as close as possible to the provision to be replaced.
7.2 Liability
manaTec is aware of the mission-critical importance of the IT and system landscape for the customer and shall perform all steps required within the scope of the project with utmost care.
7.2.1 manaTec shall be liable under this contract only in accordance with the following provisions:
(a) manaTec shall be liable exclusively for intent and gross negligence. In the event of gross negligence, liability for direct damages and consequential damages, in particular for business interruptions, lost profits and futile expenses, shall be excluded. The provision under b) remains unaffected.
b) In deviation from a), manaTec shall be liable for damages resulting from the violation of cardinal obligations by manaTec, its legal representatives or vicarious agents. Cardinal obligations are the essential obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfillment of which the customer may rely. If manaTec has violated these cardinal obligations due to slight negligence, its liability shall be limited to the amount that was foreseeable for manaTec at the time of the respective performance.
c) manaTec shall be liable for damages due to missing, warranted characteristics up to the amount that was covered by the purpose of the warranty and that was recognizable for manaTec at the time the warranty was given.
d) manaTec shall be liable for the loss of data only up to the amount that would have been incurred to restore the data if the data had been properly and regularly backed up.
e) manaTec shall be liable for product liability damages in accordance with the provisions of the Product Liability Act.
f) Otherwise, §§ 444 and 823 BGB shall apply accordingly.
7.2.2 Any further liability of manaTec shall be excluded on the merits.
7.3 Secrecy
manaTec shall recognize the information as an asset of the customer. manaTec shall keep any internal information of the customer secret, especially from third parties. Access to the information shall be granted by manaTec to its employees only to the extent necessary for the performance of the contractually agreed services.
manaTec shall treat the information provided with the same confidentiality that manaTec applies to its own confidential matters, but in no case shall manaTec fail to exercise the due care required of a prudent businessman. The customer shall mark any information provided to manaTec employees as "Confidential" or with a written note and list the material provided.
7.4 Place of Jurisdiction
The place of jurisdiction shall be Dresden. The law of the Federal Republic of Germany shall apply to the exclusion of German conflict of laws provisions.
8. Consent to the listing of references
Upon confirmation of the order, manaTec GmbH shall be entitled to list the name of the customer as reference customer on its websites, in social networks as well as in company and product flyers and to refer to the joint economic relationship. The consent only includes the naming of the (brand) name/firm name of the contractor, the company identification and the company logo as well as a link to the internet presence of the client. The client declares at the same time to be the owner of these rights. Consequences resulting from the use of the company name and/or logo for a specific purpose cannot be held against manaTec GmbH. This permission can be revoked in part or in its entirety at any time and without stating reasons.