General Terms and Conditions
1. Scope of application:
These GTC apply to all quotations and contracts between syscoon GmbH and its customers, unless otherwise agreed in writing. Deviating agreements in the contract or offer shall take precedence over these GTC.
2. Contract Conclusion:
Angebote des Auftragnehmers sind freibleibend. Der Vertrag kommt erst mit schriftlicher Auftragsbestätigung zustande.
3. Services:
Quotations from the Contractor are non-binding. The contract comes into effect only upon written order confirmation.
4. Rights of Use & Intellectual Property Rights:
(1) The contractor retains all rights to development results achieved within the scope of the co-operation, including all copyrights, ancillary copyrights and other industrial property rights.
(2) Insofar as pre-existing or independently developed modules or other pre-existing developments of the contractor are used or further developed within the scope of the project (e.g. standard solutions, syscoon's own add-ons, technical templates), all rights thereto remain with the contractor without restriction.
(3) The end customer receives a simple, non-exclusive, non-sublicensable and non-transferable right of use to both development results achieved within the scope of the cooperation and to pre-existing or independently developed modules or other pre-existing developments of the contractor for internal use and internal further development within the scope of the specifically commissioned system. Use in other systems, by affiliated companies, subsidiaries, external service providers or other third parties is excluded unless expressly authorised in writing by the contractor.
(4) Unless the client is the end customer, the client does not receive any rights of use.
Any further rights, in particular in the sense of utilisation by the client itself, if it is not the end customer, or in the context of other customer projects, are expressly excluded.
The publication, sale, distribution, dissemination, reproduction, offering or advertising of the results or of further developments based on them - in whole or in part - to third parties, in particular in the context of independent products, services or training documents, is also prohibited.
(5) We expressly reserve the right to further utilise our own development results achieved within the scope of the cooperation as well as our own pre-existing or independently developed modules or other own pre-existing developments for other projects.
(6) These provisions continue to apply even after termination of the contractual relationship.
5. Remuneration:
Hourly rates valid from 01/01 to 12/31/2025:
Accounting-as-a-Service: 80 € per hour.
Consultant / Developer: €150 per hour.
Senior Consultant / Developer: €175 per hour.
Executive Consultant / Developer: €200 per hour.
Remuneration is based on 60-minute time units. Billing is in 15-minute increments. Partial 15-minute units are rounded up to the next full unit.
Additional costs such as license fees according to specific project. requirements, if necessary and pre-agreed.
Prices are exclusive of statutory VAT.
Additional services are invoiced separately.
6. Travel Expenses:
Travel expenses and travel time are billed based on actual effort, unless otherwise agreed.
Mileage for car journeys: €0.50 per km (plus statutory VAT).
Train travel: 2nd class, actual costs.
Air travel: Economy class, actual costs.
Accommodation: Actual costs, up to a maximum of €150 per night (plus VAT), unless otherwise agreed.
Per diem: Flat rates according to German travel expense law (depending on duration and location).
7. Payment terms:
Invoices are payable within 14 days from invoice date without deduction. In the event of late payment, the contractor is entitled to charge default interest of 9% above the base rate.
8. Liability:
(1) The contractor is liable in cases of wilful intent or gross negligence on the part of the contractor or a representative or vicarious agent as well as in the event of culpable injury to life, limb or health in accordance with the statutory provisions. In cases of gross negligence, however, the contractor's liability is limited to the foreseeable damage typical of the contract. Otherwise, the contractor is only liable for the culpable breach of cardinal obligations (cardinal obligations are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely). The claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage typical for the contract.
(2) The provisions of the above paragraph (1) shall apply to all claims for damages, irrespective of the legal grounds, in particular due to the breach of duties arising from the contractual obligation or from unauthorised action. They also apply to claims for reimbursement of futile expenses.
(3) A change in the burden of proof to the detriment of the client is not associated with the above provisions.
9. Confidentiality:
(1) Both parties undertake to maintain confidentiality for the duration of the contractual relationship between the parties with regard to business and trade secrets of the other party, in particular internal company information and work processes, which have been entrusted to them or have become known to them in the course of or on the occasion of the contract.
(2) Business or trade secrets are only those facts relating to the business operations of the respective party which are not in the public domain but known only to a limited circle of persons, in the secrecy of which the party concerned has a legitimate economic interest and which, according to its stated or recognisable intention, should also remain secret.
(3) The duty of confidentiality also does not extend to knowledge that is accessible to everyone or the disclosure of which is obviously not detrimental to a party. If a party has doubts as to whether or not a duty of confidentiality exists in a specific case, it is obliged to obtain information from the other party as to whether or not a specific fact is to be treated confidentially.
(4) All obligations continue to exist even after termination of the contractual relationship
(5) The contractor reserves the right to publish details of the collaboration and of the client and the end customer for reference purposes - in particular on its own homepage, on social media and in print media - unless a confidentiality agreement to the contrary has been concluded. The client or the end customer may object to publication in writing.
10. Termination:
(1) The contract may be terminated with 4 weeks' notice to the end of a month. The right to immediate termination for good cause remains unaffected.
(2) If the contract is terminated by the client before project completion, the contractor may invoice for all services provided and resource costs incurred.
11. Jurisdiction:
German law applies. Place of jurisdiction is Freiburg.
Status: 09/26/2025