General Terms and Conditions (GTC) or the Provision of Services by saloid.de, Alma-Siedhoff-Buscher-Weg 9, 80997 Munich, Email: juri @ saloid.de (hereinafter referred to as the “Contractor”) to its Clients (hereinafter referred to as the “Client”)
1. General
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor, incorporating these GTC.
1.2 The Contractor does not enter into contracts with consumers or private individuals.
1.3 The Contractor is authorized to outsource the required services to subcontractors in its own name and on its own account, who may also employ subcontractors. The Contractor remains the sole contractual partner of the Client. The use of subcontractors is not pursued if it is apparent to the Contractor that such use would contravene the legitimate interests of the Client.
1.4 In the event that additional contractual documents or other terms and conditions in text or written form have become part of the contract, the provisions of these additional documents shall prevail over these GTC in case of conflict.
1.5 GTCs deviating from these terms, used by the Client, are not recognized by the Contractor – subject to explicit consent.
2. Subject of the Contract and Scope of Services
2.1 The Contractor, as an independent contractor, provides the following services to the Client:
Comprehensive Enterprise Web Development: Development and implementation of high-quality, scalable, and secure web applications tailored to the specific needs of your business.
Marketing Technology Solutions: Provision of advanced technology solutions in marketing to effectively support and optimize digital marketing strategies.
Cloud-Native Solutions: Utilization of cutting-edge cloud technologies to ensure flexibility, scalability, and security of your digital assets.
Business Intelligence & Data Visualization: Transformation of raw data into meaningful and actionable insights through advanced data analysis and visual representations.
Web Analytics & Data Strategy: In-depth analysis of your web data to identify optimization potentials and support in developing and implementing an effective data strategy.
Data Empowerment Coaching: Training and support for your team in using data and analytics tools to promote a data-driven culture within your company.
Our aim is to significantly improve our clients’ online performance and secure sustainable business success by providing tailored solutions and fostering a data-oriented mindset.
2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.
2.3 The Contractor shall perform the contractual services with the utmost care and conscientiousness, according to the latest standards, rules, and insights.
2.4 The Contractor is obliged to provide the contractually owed services. However, in carrying out his activities, he is not subject to any instructions regarding the manner of service provision, the place of service provision, or the timing of service provision. He will, however, schedule his working days and hours in such a way as to achieve optimal efficiency in his activities and in realizing the subject matter of the contract. The provision of services by the Contractor shall only take place in coordination with the Client.
3. Client’s Obligations to Cooperate
The Client is responsible for providing all information, data, and other content required for the fulfillment of the service, completely and accurately. The Contractor is not responsible for any delays or lateness in service provision caused by late and necessary cooperation or contribution from the Client; the provisions under “Liability/Indemnification” remain unaffected.
4. Compensation
4.1 Compensation is agreed upon individually.
4.2 Compensation is due after the services are rendered. If compensation is measured in time periods, it is due at the end of each period (§ 614 BGB). In the case of expense-based billing, the Contractor is entitled, unless otherwise agreed, to bill for services rendered monthly.
4.3 The Contractor will issue an invoice to the Client by mail or email (e.g., as a PDF) after services are rendered. Payment is due within 14 days of receiving the invoice.
5. Liability / Indemnification
5.1 The Contractor is liable, for any legal reason, without limitation, in cases of intent or gross negligence, intentional or negligent harm to life, body, or health, under a guarantee promise, unless otherwise regulated, or under mandatory liability. If the Contractor negligently breaches an essential contractual obligation, liability is limited to the foreseeable, contract-typical damage, unless there is unlimited liability as per the preceding sentence. Essential contractual obligations are obligations imposed on the Contractor by the contract for the purpose of achieving the contract’s objective, the fulfillment of which enables the proper execution of the contract and on which the customer may regularly rely. Otherwise, the Contractor’s liability is excluded. The aforementioned liability provisions also apply regarding the Contractor’s liability for his vicarious agents and legal representatives.
5.2 The Client indemnifies the Contractor from all third-party claims arising against the Contractor due to violations by the Client of these contractual conditions or applicable law.
6. Contract Duration and Termination
6.1 The parties agree on the contract duration and the deadlines for ordinary termination individually.
6.2 The right to extraordinary termination for good cause remains unaffected. Good cause includes, but is not limited to, significant breaches of contract by one party that are not remedied within a reasonable period despite written warning from the other party.
6.3 Termination notices must be in writing to be effective.
7. Final Provisions
7.1 Changes or amendments to these GTC and the underlying contract, including this clause, require written form to be effective. The written form requirement is also deemed to be fulfilled if declarations are transmitted by email.
7.2 The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention (CISG).
7.3 If the Client is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the Contractor’s place of business in Munich.
7.4 Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that comes closest to the economic intent of the original provision. The same applies to gaps in the contract.
These terms and conditions are valid as of February 20, 2024.
