The legal framework for using our services in the areas of software development and system maintenance.
These General Terms and Conditions (GTC) govern the legal relationship between devandfix.com (hereinafter "Provider") and its customers (hereinafter "Customer") in connection with the provision of services in the areas of software development, maintenance, and troubleshooting of digital systems.
The subject matter of the contract is the planning, development, adaptation, maintenance, and support of software and technology systems in accordance with the individual agreements in a separate service description document.
The Provider shall perform the agreed services to the best of its knowledge and belief and in accordance with the current state of the art. The Customer undertakes to actively cooperate, in particular by providing necessary information, access, and test environments.
Remuneration is based on the agreed hourly rates or fixed prices. Invoices are payable within 14 days of the invoice date without deduction.
The Provider reserves the right to adjust its hourly rates with one month's notice. For ongoing fixed-price projects, the prices agreed at the time of contract conclusion shall apply.
The Provider warrants that the services provided correspond to the agreed specifications. For defects reported in writing within six months of acceptance, a remedy will be offered.
The liability of the Provider is limited to intent and gross negligence. For slight negligence, the Provider is only liable in the event of a breach of essential contractual obligations (cardinal obligations) and only limited to the typically foreseeable damage. Liability for indirect damages and lost profits is excluded.
Regular maintenance and updates are important for the long-term stability and security of software systems. The Provider assumes no liability for damages arising from omitted maintenance measures not commissioned by the Customer.
Provided the Customer has fully fulfilled its contractual payment obligations, all usage rights to the software components and documentation specifically developed for the Customer shall transfer to the Customer. A prerequisite is the full payment of all associated invoices.
Pre-used libraries, frameworks, or generic code modules remain the property of the Provider or their respective licensors and are made available to the Customer only within the scope of the agreed usage license.
Project-related contracts end with the acceptance of the service. Service contracts (e.g., for ongoing maintenance) run for the agreed contract term and are automatically renewed for an additional year each time unless terminated in writing with three months' notice to the end of the term.
The right to terminate without notice for good cause remains unaffected for both contracting parties. Good cause exists in particular in the event of serious breaches of contract, payment default by the Customer of more than 30 days, or an application for insolvency.
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes, insofar as legally permissible, is the registered office of the Provider.
The Provider reserves the right to amend these GTC with four weeks' notice. The Customer will be informed of changes by email. If the Customer does not object to the applicability of the new GTC within two weeks of receiving the notification, they are deemed approved. The Provider will specifically point out this legal consequence in the notification.
Please direct questions regarding these terms to: devandfix.com, Beate-Unger-Ring 6/7, info@devandfix.com, Tel.: +49 4759 4236442.