GTC

(1) The Contractor retains all rights to development results achieved in the course of the cooperation, including all copyrights, ancillary copyrights and other intellectual 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 proprietary 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 to use both the development results achieved in the course of the cooperation and pre-existing or independently developed modules or other pre-existing developments of the Contractor for internal use and internal further development within the specifically commissioned system. Use in other systems, by affiliated companies, subsidiaries, external service providers or other third parties is excluded unless expressly approved in writing by the Contractor.

(4) The Client, if it is not the End Customer, does not receive any rights of use.

Any further rights, in particular with regard to use by the Client itself, if it is not the End Customer, or within the scope of other customer projects, are expressly excluded.

Likewise prohibited are the publication, sale, distribution, disclosure, reproduction, offering or advertising of the results or of further developments based on them – in whole or in part – to third parties, in particular as part of independent products, services or training materials.

(5) The Contractor expressly reserves the right to reuse its own development results achieved in the course of the cooperation as well as its own pre-existing or independently developed modules or other own pre-existing developments for other projects.

(6) Before granting access to source code, development documentation or other confidential information of the Contractor, the Client undertakes to contractually oblige all third parties involved in the execution of the project to maintain confidentiality and to comply with the intellectual property rights and rights of use set out in paras. (1) to (5). Access to such content may only be granted insofar as this is necessary for the third party to fulfil its contractual tasks.

(7) The obligations set out in paras. (1) to (6) shall continue to apply after termination of the contractual relationship.

• Hourly rates, valid from 1 January to 31 December 2026:

  • Accounting-as-a-Service: from €90 per hour.

  • Consultant / Developer: €150 per hour.

  • Senior Consultant / Developer: €175 per hour.

  • Executive Consultant / Developer: €200 per hour.

• Remuneration for the services rendered is based on a full hour (60 minutes). Billing is in 15-minute increments. Any commenced 15-minute unit is rounded up to the next full 15-minute unit.

• Additional costs such as licence fees in accordance with the specific requirements of the project, if necessary and agreed in advance.

• All prices are exclusive of statutory VAT.

• Additional services will be charged separately.

Travel expenses and travel time are billed at actual cost, unless otherwise agreed.

• • Mileage allowance for car journeys: €0.50 per kilometre driven (plus statutory VAT).

  • Train journeys: 2nd class, actual costs.

  • Flights: economy class, actual costs.

  • Accommodation: actual costs, up to a maximum of €150 per night (plus statutory VAT), unless otherwise agreed.

  • Subsistence expenses: flat rate in accordance with German travel expense law (depending on the duration and location of the trip).

(1) Invoices are payable without deduction within 8 days of the invoice date. 

(3) During the suspension there is no entitlement to the provision of services. Agreed project and delivery dates are extended accordingly by the period of the suspension; any additional effort resulting from this shall be remunerated by the Client.

(4) The Contractor is entitled to make further services subject to advance payment. 

(5) In the event of default of payment, the Contractor is furthermore entitled to charge default interest of 9 percentage points above the base interest rate. 

(6) Further statutory claims, in particular claims for damages, remain unaffected.

(1) The Contractor is liable in accordance with the statutory provisions in cases of intent or gross negligence on the part of the Contractor or its representatives or vicarious agents, as well as for culpably caused injury to life, body or health. In cases of gross negligence, however, the Contractor's liability is limited to the foreseeable damage typical for this type of contract. Otherwise, the Contractor is only liable for the culpable breach of cardinal obligations (cardinal obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose observance the contractual partner may regularly rely). However, the claim for damages for the breach of material contractual obligations is limited to the foreseeable damage typical for this type of contract.

(2) The provisions of para. (1) above apply to all claims for damages, irrespective of their legal basis, in particular for breach of obligations arising from the contractual relationship or for tort. They also apply to claims for reimbursement of futile expenses.

(3) The above provisions do not entail any change in the burden of proof to the detriment of the Client.

(1) Both parties undertake to maintain secrecy about the trade and business secrets of the other party that are entrusted to them or become known to them in the performance of or in connection with the order, in particular internal company matters and work processes.

(2) Trade or business secrets are only those facts relating to the business operations of the respective party that are not public knowledge but known only to a limited group of persons, in whose secrecy the party concerned has a legitimate economic interest and which, according to its declared or at least recognisable intention, are to remain secret.

(3) Furthermore, the duty of confidentiality does not extend to knowledge that is accessible to everyone or whose disclosure is evidently without disadvantage for a party. If a party is in doubt as to whether a duty of confidentiality exists in a specific case, it is obliged to obtain a statement from the other party as to whether a particular fact is to be treated confidentially or not.

(4) The obligations set out in paras. (1) to (3) shall continue to apply after termination of the contractual relationship.

(5) The Contractor reserves the right to publish information about the cooperation as well as about the Client and the End Customer for reference purposes – in particular on its own website, 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 such publication in writing.

(1) The contract may be terminated with a notice period of 4 weeks to the end of a month. The right to terminate without notice for good cause remains unaffected. 

(2) If the Client terminates the contract before completion of the project, the Contractor is entitled to invoice the services rendered up to that point as well as the costs incurred for the provision of resources.

German law applies. The exclusive place of jurisdiction is Freiburg im Breisgau.  The place of performance is the Contractor's registered office.