General Terms and Conditions (GTC)
for consulting and support services of Zeller TimeConsulting
1. Scope
These General Terms and Conditions apply to all contracts between Zeller TimeConsulting, Simon Zeller, Im Winkel 7, 89081 Ulm (hereinafter "Zeller TimeConsulting") and their clients, unless expressly agreed otherwise.
2. Subject Matter
Zeller TimeConsulting provides consulting, support and training services in the field of time tracking, access control and in particular the GeCOTime software. A specific success in the legal sense is not owed – unless expressly agreed.
GeCOTime is a product of GeCOSoft mbH. There is no legal or economic connection between Zeller TimeConsulting and GeCOSoft mbH.
3. Client's Cooperation Obligations
The client provides Zeller TimeConsulting with all information, access and documents required for the provision of services in a timely manner and ensures the necessary internal coordination. Delays due to lack of cooperation appropriately extend agreed deadlines.
4. Remuneration and Payment Terms
Unless otherwise agreed, remuneration is based on hourly or daily rates at the respective offered or agreed conditions. Travel costs and expenses are billed separately.
Invoices are payable within 14 days without deduction, unless otherwise agreed. In case of payment default, Zeller TimeConsulting is entitled to demand default interest at the statutory rate.
5. Usage Rights
For concepts, documents, documentation and training materials created by Zeller TimeConsulting, the client receives a simple, non-transferable right of use for their own business purposes. Passing on to third parties or publication requires prior written consent.
6. Liability
Zeller TimeConsulting is fully liable for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty, as well as for damages due to grossly negligent or intentional breach of duty.
In case of simple negligence, Zeller TimeConsulting is only liable for damages resulting from breach of essential contractual obligations (cardinal obligations). In these cases, liability is limited in amount to the contractually foreseeable damage.
Liability for indirect damages, lost profits or consequential damages is excluded, unless mandatory legal provisions apply.
7. Confidentiality
Both parties undertake to treat all confidential information obtained in the course of cooperation confidentially and not to pass it on to third parties. This obligation continues even after termination of the contract.
8. Data Processing (Art. 28 GDPR)
To the extent that Zeller TimeConsulting processes personal data on behalf of the client in the course of services, the parties conclude a separate data processing agreement in accordance with Art. 28 GDPR.
9. Term and Termination
The contract begins with acceptance of the offer by the client and applies for the agreed term or until the agreed services are provided. Termination for important reasons remains unaffected.
10. Final Provisions
The law of the Federal Republic of Germany applies. Place of jurisdiction is, if permitted, Ulm.
Should a provision of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. Instead of the invalid provision, a regulation shall be deemed agreed that comes closest to the economic purpose.