GENERAL TERMS AND CONDITIONS for services provided by DataConsulting as of January 1st, 2023
DataConsulting, Norra Hantverkaregatan 33, 365 26 Ryd, www.dataconsulting.se,
Tel.: +46 76 104 21 51, email: firstname.lastname@example.org
1. Scope The following general terms and conditions apply to all legal transactions of the service company Harald Herist – DataConsulting – hereinafter referred to as service provider – with its contractual partner – hereinafter referred to as client.
Insofar as there are individual contractual regulations that deviate from the provisions of these GTC or contradict them, the individual contractual regulations take precedence.
2. Subject of the contract
2.1 The contracting parties agree to cooperate in accordance with the specific, individual contractual agreement. An employment contract is not wanted by the parties and is not justified.
2.2 The service provider is responsible for social security or tax matters and releases the client from any obligations.
2.3 The service provider is free to also work for other clients.
3. Conclusion of the contract
3.1 The contractual relationship for the services comes about when the client issues a customer order (offer – request, which becomes an offer after confirmation by the service provider) and its acceptance by the service provider orally, in writing, or electronically.
3.2 The subject matter of the contract or the exact description of the task is described in the written, verbal or electronic order.
4. Term and Termination
4.1 The contract begins and ends at the individually agreed time or (for seminars of all kinds) if a booking request is made within 2 weeks before the start of the seminar and there is no express agreement on revocation or cancellation.
4.2 The contract can be properly terminated. In this regard, a period of up to 2 weeks before the start of the first day of the service is agreed.
4.3 Termination without notice for important reasons is possible. An important reason exists, for example, if the client is in arrears with 1 consecutive payment due and does not make payment after a reasonable period of grace has expired, the client falls into financial collapse after conclusion of the contract (inability to pay, insolvency),
unless an application for the opening of insolvency proceedings has already been filed.
5. Scope of services, obligations of the contractual partners
5.1 The services to be provided by the service provider usually include the tasks listed in detail, according to the order placed by the client, in compliance with prescribed regulations for certifications (Microsoft, AWS, EXIN, PeopleCert, Axelos, Logical Operations, CompTIA,….)
5.2 The service provider will inform the client at the beginning and at the end of the result of his work. The contracting parties can agree on a timetable for the provision of services and a planned end date for the completion of services in the contract.
5.3 If the service provider is actually unable to perform an order as contractually owed, he must inform the client immediately.
5.4 The service provider provides the equipment and personnel required to provide the service if the client does not have the appropriate equipment or premises, unless otherwise agreed in an individual contract.
The parties endeavor to support the contractual partner in fulfilling the respective obligation to the best of their knowledge and belief by providing information, advice or experience in order to ensure a smooth and efficient workflow for both parties.
The client provides the platform for online seminars; if the service provider provides the platform, this will be invoiced separately, unless this is already regulated in the contract.
5.5 Each of the contractual partners can request changes to the agreed scope of services from the other contractual partner in writing. After receiving a change request, the recipient will check whether and under what conditions the change can be implemented and the applicant will be given the approval or
Immediately notify the rejection in writing and give reasons if necessary. If a change request by the client requires an extensive review, the service provider can calculate the cost of the review with prior notice, provided that the client nevertheless insists on the review of the change request.
If necessary, the contractual adjustments to the agreed conditions and services required for a review and/or a change are set out in writing in a change agreement and come about in accordance with these general terms and conditions.
6. Prices and terms of payment
6.1 Services will be charged and payable at the fixed price listed in the individual contract after termination or, if remuneration has been agreed on a time and material basis, immediately after termination, unless another invoicing has been agreed in the contract.
6.2 Specified estimated prices for services on a time and material basis, in particular in cost estimates, are non-binding. The quantities on which an estimate is based are based on an assessment of the scope of services carried out to the best of our knowledge.
6.3 Sales tax will be charged at the sales tax rate applicable at the time of performance.
6.4 Invoices are payable upon receipt without deduction. If the invoice amount is not received within 14 days of the invoice date, the service provider is entitled to claim default interest. The default interest is 8.12% p.a. above the base rate applicable at the time of calculation for business customers, for private customers depending on the base rate 5 per cent.
6.5 A new order expires in the event of default in payment of a previous order and cancellation costs of 100% are to be paid by the customer.
7.1 The service provider is liable in cases of intent or gross negligence according to the statutory provisions. Liability for guarantees is independent of fault. The service provider is only liable for slight negligence in accordance with the provisions of the Product Liability Act, due to injury to life,
of the body or health or because of the breach of essential contractual obligations. However, the claim for damages for the slightly negligent breach of essential contractual obligations is limited to the foreseeable damage that is typical for the contract, insofar as there is no liability for injury to life, limb or health.
The service provider is liable to the same extent for the fault of vicarious agents and representatives.
7.2 The regulation of the above paragraph (7.1) extends to compensation for damages in addition to the service, compensation for damages instead of the service and the claim for compensation for wasted expenses, regardless of the legal reason, including liability for defects, delay or impossibility.
8. Jurisdiction Swedish law applies exclusively to the business relationship between the parties. If the customer does not have a general place of jurisdiction in Germany or in another EU member state, the place of jurisdiction for all disputes arising from this contract is our place of business.
9. Miscellaneous Provisions
9.1 The client has to inform the service provider in writing about his performance in the form of participant surveys, which are to be sent exclusively by the client to the participants.
Ryd, January 1st, 2023