1. Vertragsgegenstand
1.1 The Provider shall provide the service in accordance with the conditions agreed in the contract and below in return for the contractually agreed remuneration. The customer bears the responsibility for the project and its success. The provider provides the service in accordance with the principles of proper professional practice.
1.2 The subject matter of the contract may consist of a one-off service, which may also be provided in parts, or may be of a permanent nature.
2. implementation of the service
2.1 Unless otherwise agreed, the place of performance shall be the registered office of the Provider.
2.2 The Provider shall provide the service through suitable employees. The customer is not entitled to the provision of services by specific employees of the provider.
2.3 Unless otherwise agreed, the Provider shall determine the manner in which the service is provided.
2.4 The Customer is not authorized to issue instructions to the Provider’s employees involved in the provision of services.
2.5 If the Provider is required to present the results of the service in writing, only the written presentation shall be authoritative.
3. Mitwirkungspflichten
3.1 The customer shall ensure that the contact person designated by it provides the provider with the documents, information and data necessary for the provision of the service completely, correctly, in good time and free of charge, unless the provider is obliged to do so. In addition, the customer shall ensure that these documents, information and data are updated and the provider may assume that these documents, information and data are complete and correct, unless it recognizes or must recognize that they are incomplete or incorrect.
3.2 The customer must observe the provision of services by the provider.
4. rights of use
4.1 Unless otherwise agreed, the Provider shall grant the Customer the non-exclusive and non-transferable right to use the service results provided by the Provider under the contract for its own internal purposes within the scope of the contractually stipulated purpose in perpetuity.
4.2 All other rights remain with the provider.
4.3 The Provider may withdraw the rights of use granted to the Customer if the Customer violates restrictions on use or other regulations to protect against unauthorized use to a not insignificant extent, and the Provider must first set the Customer a grace period to remedy the situation. In the event of recurrence and in special circumstances which justify immediate withdrawal after weighing up the interests of both parties, the provider may also withdraw the rights without setting a deadline. The customer must confirm to the provider in writing that use has ceased following withdrawal of the rights of use. The provider shall grant the customer the rights of use again after the customer has demonstrated and assured in writing that his use no longer infringes the rights of the provider and that previous infringements and their consequences have been eliminated.
5. running time
5.1 If the contract is concluded for an indefinite period, it can be terminated with a notice period of 3 months to the end of a calendar year. This termination is possible for the first time at the end of the calendar year following the conclusion of the contract. An agreed minimum term remains unaffected by this right of termination.
This shall not apply if otherwise agreed.
5.2 The right to extraordinary termination for good cause remains unaffected.
5.3 Declarations of termination are only effective in writing.
5.4 Withdrawal from the contract is excluded.
6. remuneration
6.1 Unless otherwise agreed, the Provider may increase the remuneration at the earliest 12 months after conclusion of the contract if the increased remuneration corresponds to the Provider’s current list price. Further increases can be made at the earliest 12 months after a previous increase takes effect. An increase becomes effective 3 months after announcement.
The customer has a right of termination if the remuneration rates increase by more than five percent. The customer may terminate the contract within one month of receiving notification of the effective date of such an increase.
6.2 Agreed proofs of expenditure shall be deemed approved unless the customer objects in detail in writing within 21 days of receipt and the provider has referred to the approval action in the proof of expenditure.
6.3 Travel costs and expenses as well as other expenses shall be reimbursed in accordance with the Provider’s price list, unless otherwise agreed.
Travel time is considered working time.
6.4 The Provider may demand compensation for its expenses if additional expenses are incurred due to improper fulfillment of the Customer’s obligations (see Section 3).
7. service disruptions
7.1 If the service is not provided in accordance with the contract and the Provider is responsible for this (disruption to performance), it shall be obliged to provide the service in accordance with the contract in whole or in part within a reasonable period of time at no additional cost to the Customer, unless this is only possible with disproportionate effort.
This pflect of the provider only exists if the customer notifies the service disruption in writing and without delay, but at the latest within two weeks of becoming aware of it, unless otherwise agreed.
7.2 Section 6 of the AV Bitkom shall apply to any further claims for expenses and damages.
8 Validity of the AV Bitkom
Ergänzend gelten die Allgemeinen Vertragsbedingungen des Bitkom (AV Bitkom).
