Terms of Service (ToS)
These Terms and Conditions (hereinafter referred to as "ToS") shall apply to all contracts, services and deliveries between the company Lindner IT UG (haftungsbeschränkt) (hereinafter referred to as "Provider") and the customer (hereinafter referred to as "Customer"), unless other arrangements have been made in writing. The ToS shall apply in the version valid at the time of the conclusion of the contract. Deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
2. Contract conclusion
The contract between the provider and the customer is concluded with the written confirmation of the provider about the acceptance of the order. Offers of the provider are subject to change and non-binding. By ordering or placing an order for a service, the customer bindingly declares that he wishes to purchase the ordered service.
3. Services and obligations of the provider
The Provider undertakes to perform the agreed services in accordance with the rules of technology and the conditions specified in the contract. The provider reserves the right to expand, change and make improvements to the services offered, as long as these do not significantly change the purpose of the contract and are in the interest of the customer. The customer will be informed about significant changes in each case. The customer will only be charged for work that has been expressly confirmed by the provider as part of the order confirmation.
4. Obligations of the customer
The Customer is obliged to provide the Provider with all information necessary for the performance of the service and to fulfill any obligations to cooperate in a timely manner and in full. In case of non-fulfillment of the cooperation obligations on the part of the customer, the provider may refuse or postpone the provision of the service and, if necessary, charge additional costs.
5. Prices and terms of payment
Unless otherwise agreed, the prices stated on the website or in the offer of the provider at the time of the conclusion of the contract shall apply. Unless otherwise stated, all prices are exclusive of statutory value-added tax. The remuneration is due for payment immediately after invoicing without deduction. In the event of late payment, the Provider shall be entitled to charge interest on arrears in the amount of 5% above the base interest rate p.a..
7. Liability and warranty
The provider is liable for intent and gross negligence without limitation. In the event of slight negligence, the provider shall only be liable if material contractual obligations (cardinal obligations) have been breached. Liability in the event of a breach of such a material contractual obligation shall be limited to the foreseeable damage typical for the contract. The above limitations of liability shall not apply to damages resulting from injury to life, limb or health and to claims under the Product Liability Act. Insofar as the liability of the Provider is excluded or limited, this shall also apply to the personal liability of the Provider's employees, workers, staff, representatives and vicarious agents.
8. Intellectual property
All copyrights, trademarks and other intellectual property rights in the provided services, including the design and layout of the website, software and other materials, remain with the provider or its licensors. Use of these rights by the Customer is permitted only with the prior written consent of the Provider or the respective rights holder.
9. Applicable law and place of jurisdiction
The contractual relationship between the Provider and the Customer shall be governed exclusively by the laws of the Federal Republic of Germany. The place of jurisdiction for all disputes arising from and in connection with the contract shall be the Provider's place of business (Amtsgericht Bad Mergentheim), provided that the Customer is a merchant, a legal entity under public law or a special fund under public law.
10. Modification of the ToS
The provider reserves the right to change these ToS at any time and without stating reasons. The amended terms and conditions shall be sent to the customer by e-mail no later than two weeks before they come into force. If the customer does not object to the validity of the new ToS within two weeks after receipt of the e-mail, the amended ToS shall be deemed accepted.
11. Final clauses
Should individual provisions of these ToS be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions of the ToS shall remain unaffected. The invalid or unenforceable provisions shall be replaced by the respective statutory provisions.