Terms and Conditions | Webware-Experts OHG

Status: January 2026

§ 1 Scope

(1) These General Terms and Conditions (hereinafter “GTC”) apply to all business relationships between Webware-Experts OHG, Breitscheidstraße 48, 16321 Bernau near Berlin (hereinafter “Provider”) and the customer (hereinafter “Client”).

(2) The GTC apply to all services of the Provider, in particular to IT services, software development, IT consulting, project planning and implementation, IIoT solutions, edge and cloud computing services, AI and machine learning applications, predictive maintenance and predictive quality solutions as well as production monitoring systems.

(3) Only business-to-business relationships (B2B) are covered. The Provider renders services exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).

(4) Deviating, conflicting or supplementary general terms and conditions of the Client shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity in writing.

§ 2 Subject matter of the contract and scope of services

(1) The specific scope of services results from the respective offer or service description of the Provider.

(2) Changes or extensions of the scope of services require a written agreement.

§ 3 Conclusion of contract

(1) Offers made by the Provider are non-binding and subject to change unless they are expressly designated as binding.

(2) The contract is concluded by written order placement by the Client and written order confirmation by the Provider or by commencement of the provision of services.

(3) The content of the contract is determined exclusively by the written order confirmation of the Provider.

§ 4 Duties of cooperation of the Client

(1) The Client is obliged to provide all information, documents and access data required for the execution of the assignment in good time and in full.

(2) The Client shall designate a responsible contact person who is authorised to make all declarations necessary for the performance of the contract.

(3) The Client shall ensure that its IT infrastructure meets the technical requirements for the provision of services.

(4) Delays caused by inadequate or late cooperation on the part of the Client shall not be at the expense of the Provider. Any additional expenditure resulting therefrom shall be borne by the Client.

§ 5 Prices and terms of payment

(1) The prices stated in the offer or in the order confirmation shall apply. All prices are in euros plus statutory value added tax.

(2) Invoices are payable without deduction within 14 days from the invoice date, unless otherwise agreed.

(3) In the event of default in payment, the Provider is entitled to charge default interest at a rate of 9 percentage points above the applicable base interest rate.

(4) The Client may only set off counterclaims if these are undisputed or have been finally adjudicated.

§ 6 Performance of services and deadlines

(1) Dates and deadlines are only binding if they have been expressly agreed in writing as binding.

(2) The Provider is entitled to render partial services, provided this is reasonable for the Client.

(3) Force majeure and other unforeseeable, extraordinary and unavoidable circumstances shall release the Provider from its obligation to perform for the duration of the disruption and to the extent of its effects.

§ 7 Acceptance

(1) The Client is obliged to accept the services within 14 days after provision, provided there are no material defects.

(2) Acceptance shall be deemed to have taken place if the Client does not object to the service in writing within 14 days after provision, specifying concrete defects.

(3) Insignificant defects do not entitle the Client to refuse acceptance.

§ 8 Warranty for defects

(1) The Provider warrants that the services have the contractually agreed characteristics and are free of material defects which nullify or reduce the value or suitability for the usual or contractually intended use.

(2) Defects must be notified in writing without undue delay. The Provider has the right to subsequent performance (rectification).

(3) The warranty period is 12 months from acceptance, unless a longer period is mandatorily prescribed by law.

(4) The warranty does not cover defects caused by improper handling, unauthorised modifications or interventions by the Client or third parties.

§ 9 Liability

(1) The Provider is liable without limitation for damages resulting from injury to life, limb or health as well as for damages caused intentionally or by gross negligence.

(2) In the event of slightly negligent breach of material contractual obligations, liability is limited to the foreseeable damage typical for the contract.

(3) Any further liability is excluded. The above limitations of liability also apply to the Provider’s vicarious agents.

(4) The Provider is not liable for loss of data if the damage is due to the fact that the Client has failed to carry out regular data backups.

§ 10 Confidentiality and data protection

(1) Both parties undertake to keep confidential all information received from the other party in the course of the cooperation and to use it only for contractual purposes.

(2) This obligation shall continue to apply for a period of three years after the end of the contract.

(3) Insofar as personal data are processed, the parties shall conclude a separate data processing agreement in accordance with Art. 28 GDPR.

(4) The Provider is certified in accordance with TISAX and ensures compliance with the information security standards of the automotive industry.

§ 11 Copyright and rights of use

(1) The copyrights to the work results created by the Provider, in particular software, documentation and concepts, remain with the Provider.

(2) Upon full payment of the agreed remuneration, the Client shall receive a simple (non-exclusive), non-transferable right of use to the work results for the contractually agreed purpose.

(3) Any further rights of use, in particular exclusive or transferable rights, require a separate written agreement.

§ 12 Term of contract and termination

(1) For continuing obligations, the minimum contract term is 12 months, unless otherwise agreed.

(2) Ordinary termination is possible with a notice period of three months to the end of the contract term.

(3) The right to extraordinary termination for good cause remains unaffected.

(4) Terminations must be made in writing.

§ 13 Final provisions

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

(2) The place of jurisdiction for all disputes arising from the contractual relationship is the registered office of the Provider (Bernau near Berlin), provided the Client is a merchant, a legal entity under public law or a special fund under public law.

(3) Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a valid provision that comes closest to the economic purpose of the invalid provision.

(4) Amendments and additions to these GTC must be made in writing. This also applies to any waiver of the written form requirement.

Contact:
Webware-Experts OHG
Breitscheidstraße 48
16321 Bernau near Berlin

Phone: +49 151 23045398
Email: kbaumann@webware-experts.de