​

1. Subject matter of the contract.

These General Terms and Conditions apply to all work and services, including future work and services, provided by Tang-ITConsulting. Unless otherwise specified, the following clauses shall apply to both work and services.

2. work performances

2.1 Work services shall be provided in accordance with the service descriptions in the order forms. The specifications contain the planning and execution conditions including the schedule, the definition of the performance characteristics and the acceptance conditions.

2.2 If an acceptance test is agreed, the client shall ensure that the appropriate test scenarios and test data are available. The client must accept the work within 14 days of Tang-ITConsulting making it available for acceptance, declare acceptance subject to reservation or refuse acceptance, stating the reasons. The work shall be deemed accepted as soon as the client puts the work delivered by Tang-ITConsulting into productive use or if the client does not declare acceptance within the aforementioned period.

3. rectification of defects, warranty for work performance

3.1 If the client does not accept the work or only accepts it with reservations, Tang-ITConsulting shall be entitled to rectify any defects and to make the work available again for acceptance (rectification). Instead, Tang-ITConsulting may also make another work available for acceptance (subsequent delivery). The client may set Tang-ITConsulting a reasonable deadline for rectification or subsequent delivery. In the case of technically more difficult services, the deadline must be set in such a way that Tang-ITConsulting is able to make several attempts at rectification and subsequent delivery.

3.2 Until the expiry of the warranty period of 6 months from acceptance in accordance with clause 2.2, Tang-ITConsulting shall remedy defects in the work performance in accordance with clause 3.1. If the rectification of defects fails, the client may demand a reduction of the price or, if the value or suitability of the work is significantly reduced, rescission of the contract.

4. services

Services serve to advise and support the client. The scope and nature of the services are defined in the service descriptions of the order forms. The client is responsible for the implementation of the recommendations made by Tang-ITConsulting within the scope of the services provided.

5. Work requirements.

5.1 The client shall provide the working conditions required for the order (access to the system, etc.) as well as the personnel required for support.

5.2 Personnel services shall be performed in accordance with the generally applicable technical regulations (e.g. DIN standard). If the client fails to fulfill its obligations to cooperate or fails to do so in a timely manner, thereby causing delays to the project and/or additional expenses for Tang-ITConsulting, Tang-ITConsulting may, without prejudice to further rights, demand changes to the schedule and prices.

6. changes to the scope of services.

Each of the contracting parties may propose changes to the agreed scope of services to the other contracting party in writing. The recipient shall immediately review the change request to determine whether and under what conditions the change is feasible. If a change proposal from the client requires a comprehensive review, this shall be agreed separately and invoiced. Tang-ITConsulting does not have to carry out the changes if the client is not prepared to bear the resulting costs and accept the resulting delays.

7. Prices and terms of payment.

7.1 Unless expressly agreed otherwise, personnel services shall be charged on a time and material basis and accommodation and travel costs shall be invoiced additionally. Estimated prices quoted are non-binding and are based on an assessment of the scope of services carried out to the best of our knowledge. If Tang-ITConsulting discovers during the execution of the order that the quantity estimates are exceeded, Tang-ITConsulting shall inform the client immediately. Tang-ITConsulting shall not exceed the scope of services on which the estimated price is based until the client has given its express consent.

7.2 Tang-ITConsulting may change the prices with a notice period of three months, for the first time four months after the conclusion of a contract, to the extent that the costs, in particular for personnel and materials, increase at Tang-ITConsulting. In this case, non-merchants are entitled to terminate the contract as of the effective date of the price increase.

7.3 The prices shown do not include the applicable statutory value added tax. Invoices are issued monthly at the end of the month. The amounts shown are due immediately upon receipt of the invoice without any deductions. Only undisputed or legally established claims shall entitle the client to offset or assert a right of retention

7.4 If the client is in default of payment, Tang-ITConsulting may demand 4% interest on arrears p.a. above the respective discount rate of the Deutsche Bundesbank (or its future replacement rate).

8. performance by third parties, assignment.

Tang-ITConsulting may have services performed by third parties (vicarious agents). The assignment of rights and obligations arising from contracts and individual projects requires the prior written consent of the other contracting party.

9. Confidential information, data protection.

The contracting parties shall treat material and not generally known matters of the other contracting party confidentially and secure them against unauthorized access. The same applies to personal data. However, Tang-ITConsulting may freely use ideas, concepts, know-how and techniques relating to information processing. Tang-ITConsulting may sell storage media to which the client has transferred ownership to Tang-ITConsulting. Tang-ITConsulting shall not be responsible for any misuse of the data by the new owner.

10. Rights to work results.

Unless expressly agreed otherwise, Tang-ITConsulting shall only grant the client a simple right of use to the work results, including computer programs created. Even if Tang-ITConsulting grants the client an exclusive right of use, Tang-ITConsulting may develop similar materials and make them available to third parties for use.

11. Liability

11.1 Tang-ITConsulting shall be fully liable for intentional and grossly negligent acts of its employees and vicarious agents as well as for the absence of warranted characteristics. Tang-ITConsulting shall not be liable for the negligent breach of non-essential contractual obligations. Otherwise, Tang-ITConsulting shall only be liable to the amount of the typically foreseeable damage; liability for consequential damage is excluded. Tang-ITConsulting shall not be liable for loss of data.

11.2 Tang-ITConsulting shall not be liable for damages caused by the client or a third party commissioned by the client through misconduct or failure to report a defect or faulty performance immediately.

11.3 Liability under the Product Liability Act shall remain unaffected. Otherwise, these limitations of liability cover all claims for damages, irrespective of the legal grounds on which they are based. They shall also apply in favor of the employees and vicarious agents of Tang-ITConsulting.

12. General

12.1 The order forms and these GTC constitute the entire agreement. Deviations and additions shall only be effective if they have been confirmed in writing by Tang-ITConsulting or if the contracting parties have waived this written form requirement in writing.

12.2 If Tang-ITConsulting notifies the client of amendments to these GTC, the client may object to these in writing within one month. Otherwise, the amendments shall be deemed approved. Tang-ITConsulting shall expressly point this out to the client at the beginning of the period.

12.3 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Hamburg if the customer is a merchant.