Terms and Conditions

These Terms and Conditions, accepted by both contracting parties, govern the contractual relationship between Suppora GmbH, represented by its Managing Director Marcus Kerth, Herrnsheimer Hauptstraße 1B, 67550 Worms, hereinafter referred to as "Contractor", and the client, hereinafter referred to as "Client", as a service contract within the meaning of §§ 611 et seq. BGB (German Civil Code), unless otherwise agreed in writing between the contracting parties.

The Contractor offers various IT services for booking.

The subject of the order is the provision of an agreed service (service contract) and not the achievement of a specific result (no contract for work). The commissioned services are deemed to have been rendered once the required services have been performed and any questions arising have been addressed. The Client undertakes to provide all relevant information truthfully and completely.

These Terms and Conditions apply only to businesses pursuant to § 14 BGB and not to consumers pursuant to § 13 BGB.

These Terms and Conditions apply to all current and future business relationships between the Contractor and the Client.

Deviating, conflicting, or supplementary terms and conditions, even if known, shall not become part of the contract unless their validity is expressly agreed to in writing by the Contractor.

The Client books a service from the Contractor. The Contractor accepts this booking through a booking confirmation. A booking may be made in person, by email, via the contact form, or through the website.

The contract is only concluded when the Contractor confirms the booking. The Client's booking is binding. With the booking confirmation, the Client receives the payment terms and the services to be provided.

The Contractor's offers are non-binding. Acceptance, supplements, modifications, and ancillary agreements require written confirmation by the Contractor.

The Contractor is entitled to refuse a service contract without giving reasons. The fee claim for services rendered up to the point of refusal remains intact.

The offer sets out the specific scope of services, the obligations of the parties, and the delivery and payment terms. Subsequent changes are not part of the service and will be charged separately.

The services offered may be one-time services and/or services to be rendered regularly within the framework of a fixed term.

The Contractor renders its services through the application of its knowledge and skills. A subjectively expected result of the Client cannot be guaranteed.

The Client may use information materials, reports, and analyses created within the scope of the service only for its own purposes. The Client receives an exclusive, non-transferable right of use thereto.

All documents of the Contractor are protected by copyright. The Client is not entitled to reproduce, distribute, or publicly display them.

No liability is assumed for the correctness of technical data in third-party documents. Furthermore, these are not deemed guaranteed properties within the meaning of the BGB.

The service is based on cooperation. The Client is not obligated to implement the recommendations issued. All measures are within the Client's own area of responsibility.

The Contractor is entitled to postpone the performance of a service if prevented by strike, natural disasters, traffic obstruction, or illness through no fault of its own. No claim for damages exists in this case.

The Contractor is entitled to engage subcontractors or other third parties without requiring the Client's consent. The Contractor remains responsible for the proper performance of the service.

The presentation of the service on the website serves illustrative purposes only. No warranty is provided for complete adherence.

The Contractor is entitled to make adjustments for technical reasons, provided no material change in content occurs and the change is reasonable for the Client.

The Client has cooperation duties insofar as this is required for the proper performance of the service. The specific requirements are set out in the individual contracts.

Payments are to be made immediately after completion of the service using the means of payment specified on the invoice. The payment term is 10 days from the date of invoice, unless otherwise agreed.

All prices on the website or in the offer are stated as net prices plus statutory value added tax (VAT).

The Client is in default if the payment term is not met. The Contractor is entitled to charge default interest, reminder fees, and the flat-rate default fee pursuant to §§ 288(1) and (2) BGB.

The Contractor reserves the right to increase agreed prices for services reasonably after expiry of the agreed term. An increase is possible for the first time after expiry of the initial contract term.

If services are rendered outside the agreed service hours, the following surcharges apply to the regular hourly rates:

The surcharges are added to the regular hourly rates and are to be borne by the Client in addition.

There is no obligation to render services outside service hours. The Contractor reserves the right to accept or reject such requests at its own discretion.

The Client has no entitlement to services outside the agreed service hours. All requests require the prior express consent of the Contractor.

The Contractor shall inform the Client without delay of acceptance or rejection and, upon acceptance, of the applicable surcharges and expected costs.

The Client undertakes to support the Contractor to the best of its ability. This includes in particular:

The Client must ensure that all necessary consents and approvals for the use of systems and data are in place and that use complies with applicable statutory provisions.

The Client undertakes to inform the Contractor without delay of all changes and disruptions in the IT systems that could affect the performance of the service.

The Client is responsible for ensuring that its employees have the necessary knowledge to fulfill the cooperation duties.

The Client shall ensure that all necessary security measures are taken to protect the Contractor's access to the IT systems.

If the Client fails to fulfill its cooperation duties and service delivery is delayed or made impossible as a result, the Contractor is entitled to invoice the additional effort incurred.

The Contractor is entitled to suspend service delivery for as long as the Client fails to fulfill its cooperation duties. The payment obligation remains in force.

The cooperation duties are essential contractual obligations. Non-compliance may lead to termination of the contract.

The term arises from the respective contract. For one-time services this is noted in the contract; the following paragraphs do not apply in such cases.

Ordinary termination must be submitted in writing no later than three months before the end of the respective contract term.

The right to extraordinary termination remains unaffected.

If not terminated in due time, the contractual relationship is automatically extended by the original term.

After the end of the regular term, the notice period is three months. The termination must be submitted in writing.

Cancellations of ongoing orders require the written consent of both parties. For services already rendered, the Contractor may demand reasonable compensation.

All rights to the results of the service — in particular copyright rights of use, design rights, trademark and identification rights, as well as other intellectual property rights — belong exclusively to the Contractor.

The Client hereby already transfers to the Contractor the exclusive, temporally, spatially, and substantively unrestricted rights of use.

The Contractor permanently retains the rights to its logo and brand. Use without consent is not permitted.

Intellectual property, copyright, and ancillary copyright rights to project-specific adjustments remain with the Contractor, unless expressly agreed otherwise. The Client receives only the right of use within the agreed scope.

The parties shall treat all trade secrets and information marked confidential by the other party confidentially — at least with the due diligence of a prudent businessman.

Confidential information may only be used in connection with this contract. Disclosure to third parties requires written consent.

Insofar as statutory obligations require disclosure, the recipient is entitled to do so. The disclosing party shall be informed in advance, to the extent legally permissible.

The duty of confidentiality also applies to employees and third parties to whom confidential information is passed — and continues beyond the end of the respective relationship.

Information is exempt from the duty of confidentiality if it:

Upon termination of the contract, confidential information shall be returned or deleted upon request, unless a statutory retention obligation prevents this.

The Contractor is liable for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenses.

In other cases, the Contractor is only liable for breach of a cardinal obligation — limited to compensation for foreseeable and typical damage. Otherwise, liability is excluded.

Liability for damages arising from injury to life, body, or health, as well as under the Product Liability Act, remains unaffected.

The Contractor protects its clients as best as possible against cybercrime. Since threats are constantly evolving, complete defense cannot be guaranteed. No liability for cyberattacks exists provided the agreed security measures have been properly implemented.

The Contractor collects, processes, and uses personal data exclusively within the framework of applicable data protection laws, in particular the GDPR and the German Federal Data Protection Act (BDSG).

Personal data is collected only insofar as this is necessary for contract performance or where express consent has been given. The data is treated confidentially and is not passed on to third parties without consent.

For further information please refer to the Privacy Policy on our website.

As these Terms apply exclusively to entrepreneurs pursuant to § 14 BGB, there is no statutory right of withdrawal pursuant to §§ 312 et seq. BGB.

Cancellations and rescissions are only possible in accordance with the termination provisions set out in § 8.

The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent permitted by law, Worms, Germany.

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision is to be replaced by one that comes closest to its economic purpose.

Amendments and additions must be made in writing. This also applies to the cancellation of this written-form clause.