Terms and Conditions

This is a convenience translation. The German version is legally binding.

Last updated: 1 October 2026

§ 1 Scope

(1) These General Terms and Conditions (GTC) apply to all contracts between Julian Faber, Philipp Stamnitz und Philip Faber GbR, Theodor-Loos-Weg 9, 12353 Berlin (hereinafter “JPP-IT”) and its clients for IT services, in particular consulting, setup, customisation, development, operation, hosting, maintenance and support of IT systems.

(2) JPP-IT provides services exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, special funds under public law, and associations and organisations acting in the course of their activities.

(3) Deviating terms of the client apply only if JPP-IT has agreed to them in writing.

§ 2 Conclusion of contract

(1) Offers by JPP-IT are non-binding unless expressly designated as binding.

(2) A contract is concluded by written order confirmation from JPP-IT, by both parties signing an offer, or upon commencement of the services. Text form (email) is sufficient.

(3) The scope and content of the services follow from the respective offer or service description.

§ 3 Services

(1) Unless otherwise agreed, JPP-IT provides services (Section 611 of the German Civil Code (BGB)). A specific result is owed only if it has been expressly agreed as a work performance (Werkleistung).

(2) JPP-IT may use subcontractors to provide the services insofar as this is reasonable for the client; JPP-IT remains the contracting party.

(3) Deadlines are binding only if they have been expressly agreed as binding. If the services are delayed for reasons attributable to the client (in particular a lack of cooperation), deadlines are postponed accordingly.

(4) For operation and hosting services, JPP-IT owes the availability stated in the offer; planned maintenance windows are announced at least 48 hours in advance and do not count as downtime.

§ 4 Client’s duties to cooperate

(1) The client provides in good time all information, access, data and approvals required for the provision of the services and names a contact person.

(2) The client is responsible for backing up its data unless data backup is expressly the subject of the contract.

(3) The client ensures that the content and data it provides do not infringe the rights of third parties and indemnifies JPP-IT against third-party claims in this respect.

§ 5 Remuneration and payment

(1) The remuneration agreed in the offer applies. Unless otherwise agreed, services are billed on a time-and-materials basis at the hourly rates stated in the offer; the billing unit is each commenced quarter hour.

(2) As long as JPP-IT applies the small business regulation under Section 19 of the German VAT Act (UStG), no value added tax is charged or shown. If JPP-IT does not apply or no longer applies this regulation, the agreed prices are exclusive of the value added tax legally owed at the time; JPP-IT will notify the client of this without undue delay.

(3) Invoices are due within 14 days of receipt without deduction. In the event of default, the statutory default interest applies (Section 288 (2) BGB).

(4) Recurring services (maintenance, hosting, support) are billed monthly in advance; work on a time-and-materials basis is billed monthly in arrears.

(5) Travel costs and expenses are reimbursed against proof after prior agreement.

§ 6 Rights of use

(1) Upon full payment, the client receives a non-exclusive right of use, unlimited in time and territory, to the work results created for it, for its own purposes; any deviating arrangement (e.g. an exclusive right of use, handover of source code) must be agreed in the offer.

(2) The respective licence terms apply to any open-source software used; JPP-IT will point them out.

(3) Pre-existing tools, libraries and know-how of JPP-IT remain its property; the client receives the right of use to them that is necessary to use the work result.

§ 7 Warranty

(1) For work performances, the statutory warranty rights apply, provided that JPP-IT first has the right to subsequent performance. The limitation period is twelve months from acceptance, except in cases of intent, gross negligence and damage resulting from injury to life, body or health.

(2) For services, there is no warranty for a specific result; JPP-IT is liable for the professional provision of the service.

(3) No warranty is given for defects attributable to changes made by the client or third parties, improper use, or errors in third-party systems.

§ 8 Liability

(1) JPP-IT is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) and where a guarantee has been assumed.

(2) In the event of a slightly negligent breach of material contractual obligations (obligations whose fulfilment is essential to the proper performance of the contract and on whose observance the client may regularly rely), liability is limited to the foreseeable damage typical of the contract, but not exceeding the remuneration for the affected order or, for continuing obligations, the remuneration for twelve months.

(3) Otherwise, liability for slight negligence is excluded.

(4) For loss of data, JPP-IT is liable only up to the amount of the effort that would have been required to restore the data had the client performed proper data backups.

§ 9 Confidentiality and data protection

(1) Both parties treat all trade secrets and confidential information of the other party obtained in the course of the cooperation as confidential, also beyond the end of the contract.

(2) If JPP-IT processes personal data on behalf of the client, the parties conclude a data processing agreement pursuant to Art. 28 GDPR before processing begins.

§ 10 Term and termination

(1) Project contracts end upon provision of the services.

(2) Contracts for recurring services (maintenance, hosting, support) have the term agreed in the offer; in the absence of an agreement they run for an indefinite period and may be terminated by either party with one month’s notice to the end of a month.

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

(4) Upon termination of a hosting contract, JPP-IT makes the client’s data available in a common format and deletes it 30 days after the end of the contract unless statutory retention obligations prevent this.

§ 11 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding 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 Berlin, provided the client is a merchant (Kaufmann), a legal entity under public law or a special fund under public law.

(3) Amendments and additions to the contract must be made in text form.

(4) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.