General terms and conditions

for services of DiD0m – Dominik Dill (hereinafter the “Provider”)

This English version is provided for convenience. The German version is the legally binding one.

§ 1 Scope

(1) These terms apply to all contracts for the development, provision and operation of software and related services between the Provider and its clients (entrepreneurs within the meaning of § 14 BGB, legal entities under public law, and registered and unregistered associations).

(2) Deviating or supplementary terms of the client do not become part of the contract unless the Provider expressly agrees to them in text form.

§ 2 Conclusion of contract

(1) Presentations on the website are not a binding offer but an invitation to enquire. The contract is concluded through an individual quote by the Provider and its acceptance by the client in text form.

(2) Quotes by the Provider are binding for 30 days from the quote date unless stated otherwise in the quote.

§ 3 Services

(1) The nature and scope of the services follow from the respective quote. A distinction is made between one-off services (in particular set-up, development, data migration, training) and ongoing services by subscription (in particular hosting, operation, maintenance, updates and support of the provided software).

(2) For ongoing services the Provider aims at an availability of 99 % on an annual average. Excluded are periods of planned maintenance (carried out outside usual business hours where possible and announced in advance) and disruptions beyond the Provider’s control (force majeure, failure of third-party network infrastructure, third-party attacks despite reasonable protective measures).

(3) Support is provided on working days during usual business hours in German by email, unless otherwise agreed.

§ 4 Cooperation of the client

(1) The client provides all content, information, access and contact persons required for performance in good time and free of charge.

(2) The client is responsible for the lawfulness of the content it provides and ensures that it does not infringe third-party rights.

(3) Access credentials are to be treated confidentially. The client informs the Provider without delay if there are indications of misuse.

§ 5 Remuneration and payment

(1) The prices agreed in the quote apply. The Provider is a small business within the meaning of § 19 UStG; VAT is currently neither charged nor shown. Should the small-business status cease to apply, statutory VAT will be charged in addition; invoices already issued remain unaffected.

(2) Subscriptions are billed monthly, quarterly or annually in advance as agreed. One-off services are billed after performance, for larger projects according to agreed milestones.

(3) Invoices are due without deduction within 14 days of receipt. In case of late payment the statutory rules apply (§§ 286, 288 BGB).

(4) Invoices are transmitted electronically, on request as a structured e-invoice per EN 16931 (Factur-X).

§ 6 Term and termination

(1) Subscriptions run for an indefinite period and may be terminated by either party with one month’s notice to the end of the respective billing period, unless a minimum term is agreed in the quote.

(2) The right to extraordinary termination for good cause remains unaffected. Good cause exists for the Provider in particular if the client is in default with two consecutive payments in full or to a significant extent.

(3) Any termination requires text form.

§ 7 Data, backups and return of data

(1) The client’s data stored in the course of operation remains the client’s property. The Provider creates regular backups of the operated systems.

(2) At the end of the contract the Provider makes the client’s data available on request in a common, machine-readable format. 30 days after the end of the contract the Provider is entitled to delete the data unless statutory retention obligations stand in the way.

§ 8 Rights of use

(1) The client receives a simple, non-transferable right to use the provided software for its own purposes, limited to the contract term in the case of subscriptions, unless otherwise agreed.

(2) For content and customisations created individually for the client, the client receives a permanent simple right of use upon full payment. Open-source components used are subject to their respective licence terms.

§ 9 Warranty

(1) The Provider provides warranty in accordance with statutory provisions. Defects are to be reported in a comprehensible form; the Provider remedies them within a reasonable period.

(2) Impairments resulting from improper use, modifications by the client or third parties, or an environment for which the Provider is not responsible are not defects.

§ 10 Liability

(1) The Provider is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, and under the German Product Liability Act.

(2) In cases of slight negligence the Provider is liable only for the breach of essential contractual obligations (obligations whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance the client may regularly rely), limited to the foreseeable damage typical of the contract at the time of its conclusion.

(3) For loss of data the Provider is liable only to the extent that would also have occurred with proper, regular data backup by the client or the Provider.

(4) Any further liability is excluded.

§ 11 Data protection and data processing

If the Provider processes personal data on behalf of the client (for example when operating a member portal or ERP system), the parties conclude a data processing agreement under Art. 28 GDPR before processing begins. Otherwise the privacy policy applies.

§ 12 Final provisions

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

(2) If the client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the Provider’s registered office.

(3) Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected.

Last updated: September 2026