Terms and Conditions // AC Inorms Group LLC
The following terms and conditions apply between AC Inorms Group - hereinafter referred to as the Contractor - and the Clients for all orders, unless otherwise agreed in writing. Deviating, conflicting or supplementary general terms and conditions, even if known, shall not become part of the contract, unless their validity is expressly agreed to in writing.
Subject Matter and Conclusion of the Contract
The subject of the contract is the agreed service, which is performed in accordance with the principles of proper professional conduct of freelance activity and qualified employees of the Contractor within the agreed period. The services presented on this website are directed exclusively to commercial customers. The contract is concluded as soon as the offer has been signed by the Client, but no later than the commencement of work on the basis of the Contractor's offer.
Scope of Services of the Order
The scope of services, the procedure and the nature of the documents and records to be supplied shall be agreed upon between the Contractor and the Client in writing or verbally. The Contractor shall only act on the basis of an order confirmed in writing by the Client or a concluded contract in which the services to be provided are defined. Changes, additions or extensions to the scope of services as well as the type of work documents require a special written agreement.
Duties of the Contractor
The Contractor is obliged to observe the provisions of the data protection acts and data protection regulations. The Contractor ensures that their employees submit a corresponding declaration of commitment.
Obligations of the Customer
The Client is obliged to support the activities of the Contractor, especially by creating all necessary conditions within their business that are required for the proper execution of the order.
Prerequisites for the proper execution of the order are: work rooms for the Contractor's employees including all necessary work and communication equipment; providing a contact person to assist the Contractor's employees with all necessary resources; providing timely access to information, records and documents necessary for the activities of the Contractor's employees.
The Customer guarantees that the reports, statements, programs, calculations, drafts, expert opinions, organization plans as well as all other documents prepared by the Contractor within the scope of the order will be used only for their own purposes. Work results of the Contractor to which copyrights have arisen shall remain with the Contractor, unless they contain essential business and trade secrets of the Client.
Both Parties' Obligations
Both parties undertake to pass on information about the contents and results of the service provided to third parties only by mutual agreement. Both parties commit to mutual loyalty. In particular, it is to be refrained from the hiring or other employment of employees or former employees who have worked in connection with the performance of the contract before the expiration of 24 months after the termination of the cooperation.
Liability and Damages
The Contractor's liability for all claims shall be limited to the contract value. The Contractor excludes liability for slightly negligent breaches of duty, unless these relate to material contractual obligations, damages arising from injury to life, body or health, or guarantees, or unless claims under the Product Liability Act are affected. The Contractor's liability for consequential damages, lost profits, lost savings and other financial losses is excluded.
The Contractor's liability for loss of data shall be limited to the typical recovery effort that would have occurred in the event of regular data backup. If the failure to meet deadlines is due to force majeure or similar events, such as strikes, lockouts or bureaucratic arbitrariness, which make the performance of the service significantly more difficult or impossible, the deadlines shall be extended accordingly. This shall also apply in the event of non-fulfillment of the Customer's obligations to cooperate.
Default of acceptance by the Client
If the Client is in default of acceptance of the services or if the Client fails to cooperate or delays cooperation incumbent upon them according to Section 6 (1), the Contractor may demand the agreed remuneration (excluding incidental expenses) for the services not performed as a result, without being obliged to provide subsequent performance.
Contract Duration and Termination
The contract ends at the end of the agreed period. The contract can be terminated in writing before the agreed termination date with a notice period of 12 weeks if operational reasons of the Client require. The full remuneration (excluding incidental expenses) shall be paid for the services rendered by the Contractor up to the end of the contract.
For the services no longer to be rendered as a result of the premature termination, the remuneration shall be waived to the extent that the Contractor has thereby saved expenses and / or has generated income through other use of the work capacity thus freed or has maliciously refrained from generating such income. If the Contractor is in default with the performance of its services, the Client may, after having set a reasonable deadline in writing, terminate the contract. If the Contractor is not responsible for the delay, the assertion of a claim for damages caused by the delay shall be excluded.
Due Date, Right of Retention
Unless otherwise stated in the confirmation of the order, payments must made within 7 days of the invoice date by transfer to one of the accounts specified in the invoice forms without deduction. The Client shall be in default without any further declaration by the Contractor 7 days after the due date, if the Client has not paid. As long as the Contractor has not received the remuneration in full, the Client may not assert claims and rights due to defects.
The amount of remuneration shall be based on the Contractor's price lists valid at the time the order is placed, unless otherwise agreed. In the event of default in payment, the Contractor shall have the right to demand interest at a rate of 12% above the respective base interest rate (Section 247 of the German Civil Law from that point in time), even without a reminder. The Contractor shall be entitled to claim an actually higher damage caused by default. All agreed amounts are to be paid plus the statutory value added tax. The Customer may not assert a right of retention based on another contractual relationship with the Contractor. Offsetting is only permitted with claims that have been determined by a court or are undisputed.
Invoices shall be transmitted electronically by e-mail. All claims of the Client against the Contractor shall become statute-barred, insofar as legally permissible and not otherwise regulated, no later than twelve months after termination of the contract. After expiry of this period, any claims based on a defectiveness of the work or service shall be excluded. The Contractor shall then be entitled to destroy the documents received from the Customer.
Exclusively the law of the Federal Republic of Germany shall apply. If provisions of the General Terms and Conditions of Contract are invalid, the remaining provisions shall not be affected thereby. The parties undertake to replace the invalid provisions with economically equivalent provisions that come as close as possible to the meaning and purpose of the invalid or unenforceable provision. The same applies to loopholes in the contract.
Amendments and supplements to the contract must be made in writing and must be expressly marked as such. This also applies to the waiver of the written form itself. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Contractor's place of business. The same shall apply if the Client does not have a general place of jurisdiction in Germany or if the Client's place of residence or habitual abode is unknown at the time of the filing of action.