General Terms and Conditions

1. Scope

1.1 These General Terms and Conditions (GTC) apply to all contracts, deliveries, and services between Klardaten GmbH, Kolonnenstr. 8, 10827 Berlin (hereinafter "Klardaten" or "we") and its customers (hereinafter "customer" or "you").

1.2 Deviating, conflicting, or supplementary terms and conditions of the customer shall not become part of the contract unless Klardaten expressly agrees to their application in writing.

2. Services of Klardaten

2.1 Klardaten offers various software solutions and development services, in particular an API interface for integration with DATEV.

2.2 Additionally, individual software developments or further IT services may be provided.

2.3 All developed software solutions, code, and technical implementations remain the intellectual property of Klardaten. The customer receives only a non-exclusive, non-transferable right of use.

3. Contract Conclusion and Use

3.1 A contract is concluded by acceptance of an offer from Klardaten or by actual use of the services provided.

3.2 The customer is obligated to comply with all terms of use on the part of DATEV. The customer is solely responsible for ensuring that they have the necessary licenses and technical prerequisites for using third-party services such as DATEV or Microsoft SQL Server. Klardaten is not liable for restrictions, failures, or incompatibilities arising from changes or disruptions to these third-party systems. If a third-party provider makes modifications that require changes to Klardaten's services, Klardaten will endeavor to find a solution; however, there is no entitlement to an immediate or cost-free adjustment.

4. Offers and Payment Terms

4.1 All offers from Klardaten are non-binding and valid for a maximum of two months.

4.2 The remuneration for services is determined by the applicable price lists or individual contractual agreements.

4.3 Invoices are due within 14 days of the invoice date without deduction.

4.4 In the event of late payment, Klardaten is entitled to charge default interest at the statutory rate or to restrict access to the services.

5. Availability and Liability

5.1 Klardaten strives for high availability of its services but does not guarantee uninterrupted provision.

5.2 Klardaten is only liable for damages caused by gross negligence or intent. Liability for slight negligence is excluded, unless essential contractual obligations (cardinal obligations) are breached.

5.3 Klardaten is not liable for damages caused by force majeure, technical disruptions, or failures not attributable to Klardaten.

6. Data Protection and Confidentiality

6.1 Klardaten processes personal data in accordance with applicable data protection regulations, in particular the GDPR.

6.2 The customer remains responsible for compliance with data protection requirements within their own area of responsibility.

6.3 Klardaten undertakes to treat all non-public information of the customer confidentially.

7. Place of Jurisdiction and Final Provisions

7.1 The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

7.2 The exclusive place of jurisdiction for all disputes is Berlin.

7.3 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.