1. General
1.1 These General Terms and Conditions (GTC) apply to all contracts, deliveries, and other services provided by terra-Bytes GmbH, hereinafter referred to as “terra-Bytes.”
1.2 Deviating or supplementary agreements are only binding if confirmed in writing.
1.3 By placing an order or using the services of terra-Bytes, the customer acknowledges these GTC.
2. Service Description
2.1 terra-Bytes offers IT services and software solutions, including but not limited to the development and provision of software, IT consulting, support services, and IT system operations.
2.2 The scope of the contractually owed services results from the individual offer, the service description, or the contract concluded between the customer and terra-Bytes.
2.3 terra-Bytes reserves the right to adjust or expand its services, provided this is reasonable for the customer.
3. Conclusion of Contract
3.1 The contract between terra-Bytes and the customer is concluded by a written order confirmation or by providing the ordered services.
3.2 Offers made by terra-Bytes are non-binding and subject to change unless explicitly stated otherwise.
4. Prices and Payment Terms
4.1 The prices for the services provided by terra-Bytes are based on the price list valid at the time of contract conclusion or the agreed offer.
4.2 All prices are exclusive of the statutory value-added tax.
4.3 Invoices are due for immediate payment upon receipt without deductions unless other payment terms have been agreed upon in writing.
4.4 In the event of late payment by the customer, terra-Bytes is entitled to charge default interest at the rate of 9 percentage points above the base rate.
5. Customer Obligations
5.1 The customer is obliged to provide terra-Bytes with all necessary information and documents in a timely manner that are required for the performance of the contractually owed services.
5.2 The customer is responsible for backing up their data. terra-Bytes is not liable for data loss unless it was caused by gross negligence or intentional misconduct.
5.3 The customer agrees to use any software products and IT services provided by terra-Bytes only within the scope of the agreed contract and not to make unauthorized copies or modifications.
6. Liability
6.1 terra-Bytes is only liable for damages caused by intentional or grossly negligent behavior. For slight negligence, terra-Bytes is only liable for the violation of essential contractual obligations whose fulfillment is necessary for the proper execution of the contract and on whose compliance the customer may rely (so-called cardinal obligations).
6.2 In the event of a breach of essential contractual obligations, the liability of terra-Bytes is limited to foreseeable and typical damages.
6.3 Liability for indirect damages, especially lost profits, is excluded unless terra-Bytes acts intentionally or with gross negligence.
6.4 Liability for data loss is limited to the recovery effort that would have been incurred with proper and regular data backups.
7. Contract Duration and Termination
7.1 The contract duration results from the individual contract. If no contract duration is agreed, the contract can be terminated by either party with a notice period of 30 days to the end of the month.
7.2 The right to extraordinary termination for good cause remains unaffected. Good cause includes, in particular, if the customer defaults on payment despite reminders and deadlines or violates essential contractual obligations.
8. Confidentiality and Data Protection
8.1 Both parties undertake to treat all information obtained in the course of the contractual relationship as confidential and not to disclose it to third parties unless there is a legal obligation to disclose.
8.2 terra-Bytes undertakes to collect, process, and use the customer’s personal data only within the framework of legal provisions. Further details are governed by the privacy policy.
9. Intellectual Property
9.1 All rights to software products, documentation, and other work results created or provided by terra-Bytes remain with terra-Bytes unless otherwise expressly agreed.
9.2 The customer is granted a non-transferable, non-exclusive right to use the work results, as far as this is necessary for the agreed contractual purposes.
10. Final Provisions
10.1 Changes and additions to these GTC must be made in writing. This also applies to the cancellation of the written form requirement.
10.2 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a regulation that comes closest to the economic purpose of the invalid provision.
10.3 The place of jurisdiction is, as far as legally permissible, the registered office of terra-Bytes.
10.4 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).