Terms and Conditions

01General

(1) These general terms and conditions govern the framework for the provision of service and work performance by Cloud Cape IT Security, hereinafter referred to as the Contractor.

(2) The specific terms of each engagement are agreed by means of a quotation issued by the Contractor or an order placed by the Client.

02Provision of services

(1) The Contractor undertakes to carry out each engagement with the requisite care and necessary qualification. This also applies to the Contractor's own employees or subcontractors deployed by the Contractor.

03Remuneration for services

(1) The Contractor receives remuneration as agreed within the respective quotation or order.

(2) The remuneration is due for payment within 14 days of receipt of invoice.

(3) The Contractor has the right to cancel an engagement.

(4) Remuneration for work performance is governed by Section 4(3).

04Remuneration for work performance

(1) Solely in the event that the Contractor renders work performance pursuant to Sections 631 et seq. of the German Civil Code (BGB), the Contractor shall notify the Client without undue delay of the completion of agreed partial services and of the overall service.

(2) The Client shall inspect the service without undue delay. It is deemed accepted if the Client does not notify the Contractor in writing of the defects identified within a period of 14 days after notification of completion. In that case, the Client shall set the Contractor a grace period for remedying the defects. After this grace period has expired without result, the Client is entitled to refuse rectification by the Contractor and to carry out a substitute performance at the Contractor's expense.

(3) Remuneration is paid after acceptance of the service or partial service. Advance payments may be agreed.

(4) Statutory provisions apply to any warranty claims of the Contractor against the Client, unless agreed otherwise in the quotation or order.

05Confidentiality

(1) Insofar as the Contractor receives confidential information about the Client and/or the Client's customers in order to carry out its activities, the Contractor undertakes not to disclose this information to unauthorized third parties. Documents provided are to be returned by the Contractor unsolicited after a service has been rendered.

(2) Confidentiality also applies beyond the termination of the cooperation.

(3) The Contractor shall likewise oblige its employees and other third parties deployed by it to comply with the aforementioned provisions.

06Data protection

(1) The Contractor and the Client undertake to maintain data secrecy in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). They are aware that it is prohibited to process, disclose, make accessible or otherwise use protected personal data without authorization for any purpose other than that pertaining to the respective lawful performance of duties.

(2) The Contractor's privacy policy is provided to the Client in a separate document.

(3) The Contractor and the Client shall also oblige all of their employees in writing to maintain data secrecy.

07Liability

(1) The Contractor's liability is limited to intent and gross negligence.

(2) The provision of paragraph 1 also applies to the Contractor's own employees deployed by the Contractor.

08Compliance with the Minimum Wage Act (MiLoG)

(1) The Contractor assures the Client that it complies with the provisions of the MiLoG for the staff it deploys as employees.

(2) Insofar as the Client is held liable due to a breach by the Contractor of the provisions of the MiLoG, the Contractor shall indemnify the Client against the financial damage arising in this respect.

09General provisions

(1) Amendments to the terms and conditions and to the order require text form; this also applies to the cancellation of this text-form clause.

(2) The Contractor has the right to amend these terms and conditions unilaterally. In such a case, the Contractor shall inform the Client of these amendments and grant the Client a six-week right of objection. If the Client does not object within this period, the new amended terms and conditions apply to the Client. Provisions governing the principal performance obligations and rights are excluded from the right to amend these terms and conditions unilaterally.

(3) The application of any general terms and conditions of the Client is generally excluded but may be agreed individually within the respective quotation or order.

(4) These terms and conditions, as well as the quotations or orders based on them, are subject exclusively to the law of the Federal Republic of Germany, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law.

(5) The place of jurisdiction is, where permissible, Heilbronn.