General Terms & Conditions

(1) These General Terms and Conditions ("Terms") apply to all business relationships between NextGen IT UG (haftungsbeschränkt), Georg-Elser-Str. 10, 55232 Alzey ("Contractor"), and the customer ("Client").

(2) Deviating, conflicting or supplementary general terms and conditions of the Client shall only become part of the contract if and insofar as the Contractor has expressly agreed to their validity in writing.

(3) These Terms also apply if the Contractor performs the service without reservation while aware of conflicting or deviating conditions of the Client.

(1) The scope of the respective services is defined by the written service description (offer, contract or project description).

(2) In particular, the Contractor provides IT services in the following areas:

• → Information security & compliance (ISMS, ISO 27001, NIS2)
• → DevOps & cloud infrastructure
• → Web development
• → AI & automation
• → Software testing & quality assurance

(3) Changes or extensions to the scope of services require written form.

(1) Offers of the Contractor are subject to change and non-binding unless they are expressly marked as binding.

(2) A contract is only concluded through the Contractor's written order confirmation or by actual performance of the service.

(1) Remuneration is based on the respective offer or the agreed hourly or daily rate. All prices are exclusive of statutory VAT.

(2) Invoices are payable within 14 days from the invoice date without deduction.

(3) If the Client is in default of payment, the Contractor is entitled to charge default interest of nine percentage points above the base rate pursuant to Section 247 BGB for business transactions between entrepreneurs.

(1) The Client shall provide all information, documents and access required for the performance of the service in due time and free of charge.

(2) The Client shall designate a responsible contact person who is authorized to make decisions within the project.

(3) Delays caused by missing cooperation on the part of the Client shall not be to the detriment of the Contractor.

(1) Both parties undertake to treat all confidential information obtained in the course of the cooperation as confidential and not to pass it on to third parties.

(2) This obligation shall continue to apply after termination of the contractual relationship.

(3) The provisions on data protection under the GDPR are complied with. Further details can be found in our privacy policy.

(1) The Contractor is liable without limitation for intent and gross negligence.

(2) In cases of slight negligence, the Contractor is only liable for breaches of essential contractual obligations, limited to the foreseeable damage typical for the contract.

(3) Liability is limited in amount to the respective net order value, but not more than EUR 100,000 per damage event.

(4) The above limitations of liability do not apply in the event of injury to life, body or health.

(1) Project contracts end upon completion of the project unless otherwise agreed.

(2) Continuing obligations may be terminated by either party with three months' notice to the end of a month unless otherwise agreed.

(3) The right to extraordinary termination for good cause remains unaffected.

(1) The law of the Federal Republic of Germany applies.

(2) The place of jurisdiction for all disputes arising from this contract is, insofar as legally permissible, the Contractor's registered office (Alzey).

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.

(4) There are no oral side agreements. Amendments and additions to these Terms must be made in writing.