General Terms and Conditions
1. Scope
1.1 These Terms and Conditions apply to all contracts between ParkerSolutions – hereinafter referred to as the “Contractor” – and its customers regarding web design, software development, automation, IT support, consulting, maintenance, and related services.
1.2 These Terms and Conditions apply to both entrepreneurs and consumers, unless a distinction is made in the respective clauses.
2. Subject Matter of the Contract
2.1 The subject matter of the contract shall be the individually agreed services, in particular the conception, design, development, automation, technical implementation, and ongoing support and maintenance of software, websites, and IT systems.
2.2 The specific scope of services shall be determined by the respective offer, project description, or individual agreement.
3. Formation of Contract
3.1 Offers made by the Contractor are non-binding unless expressly designated as binding.
3.2 A contract shall be concluded by acceptance of the offer in text form (e.g. by email), by express commissioning, or by commencement of performance of the services.
4. Customer’s Duties to Cooperate
4.1 The customer shall provide in due time all information, content, access data, and materials required for the project.
4.2 Delays resulting from the customer’s late or incomplete cooperation shall not be to the detriment of the Contractor.
4.3 The customer shall be responsible for ensuring that the content provided by them does not infringe any third-party rights and is legally permissible.
5. Remuneration and Payment Terms
5.1 The remuneration shall be based on the individually agreed offer.
5.2 Unless otherwise agreed, the Contractor shall be entitled to request an advance payment.
5.3 Where acceptance is provided for by law or contract, the remaining amount shall be due within 14 days of acceptance and invoicing without deduction. Otherwise, the remaining amount shall be due within 14 days of completion of the service and invoicing without deduction.
5.4 Additional services, requested changes outside the agreed scope of services, and extra work shall be remunerated separately.
6. Performance Deadlines and Dates
6.1 Stated deadlines and dates shall only be binding if they have been expressly agreed as binding.
6.2 Compliance with deadlines shall require the timely cooperation of the customer.
7. Acceptance
7.1 Where the Contractor owes a work result, the customer shall inspect the delivered service within a reasonable period after completion.
7.2 Where acceptance is provided for by law, the customer shall inspect the service within a reasonable period after it has been made available and shall notify the Contractor in text form of any apparent material defects.
7.3 Insignificant defects shall not prevent acceptance.
7.4 In all other respects, the statutory provisions on acceptance shall apply.
8. Corrections and Change Requests
8.1 Only those correction or coordination rounds expressly agreed shall be included in the agreed price.
8.2 Further change requests after approvals or outside the agreed scope of services shall be remunerated separately.
9. Rights of Use
9.1 The Contractor grants the customer the rights of use in the work results created that are required for the contractually intended purpose.
9.2 The granting of rights of use shall only take effect upon full payment of the agreed remuneration.
9.3 Rights to general concepts, source code libraries, tools, templates, frameworks, or components that the Contractor developed or licensed prior to the contract shall not be transferred unless otherwise agreed.
10. Third-Party Services and Providers
10.1 The Contractor may use third-party providers, plugins, APIs, hosting, domain, or other technical services in order to perform the services.
10.2 The respective contractual terms and terms of use of such third-party providers shall apply to their services and conditions.
10.3 Ongoing costs for third-party services, in particular for hosting, domains, licenses, or external tools, shall be borne by the customer, provided this is stipulated in the offer or in the individual agreement.
11. Maintenance and Support
11.1 Maintenance and support services shall only be owed if they have been expressly agreed.
11.2 Without a separate agreement, there shall be no obligation to continuously update, monitor, or maintain the website after project completion.
12. Liability
12.1 The Contractor shall be liable without limitation in cases of intent and gross negligence as well as in the event of injury to life, body, or health.
12.2 In cases of slight negligence, the Contractor shall only be liable for the breach of essential contractual obligations, and such liability shall be limited to the foreseeable damage typical for the contract.
12.3 Liability under mandatory statutory provisions shall remain unaffected.
13. Use of Projects as References
The Contractor shall be entitled to name completed projects as references and to use the customer’s name as well as a screenshot or link to the published website for this purpose, provided that no legitimate interests of the customer conflict with this or the customer has not objected in advance.
14. Final Provisions
14.1 The law of the Federal Republic of Germany shall apply.
14.2 In relation to consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.
14.3 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction shall be Hamburg, insofar as legally permissible.
14.4 In relation to consumers, the statutory rules on jurisdiction shall apply.
15. Prevailing Version
In case of discrepancies or inconsistencies between the German and the English version, the German version shall prevail.