Terms and conditions

1. Scope

These terms and conditions apply to all contracts between us, the provider KIantrieb, and our clients. We do not accept deviating conditions of the client unless we have expressly agreed to them in writing.

2. Subject matter

We offer services in IT consulting, software development, AI adoption, IT infrastructure and security testing. The precise scope of services follows from the individual offer we submit to the client.

3. Formation of contract

The contract is formed when the client accepts our offer. Acceptance may be given in writing, by email, or by conclusive conduct.

4. Performance

We perform our services to the best of our knowledge and belief. We may engage third parties to fulfil our contractual obligations but remain responsible for proper performance.

Security audits and penetration tests are carried out only after written instruction and only on systems the client is demonstrably authorised to dispose of. Scope, period and depth of testing are agreed in writing beforehand.

5. Client's duty to cooperate

The client provides us in good time with all information, access and documents required to perform the services, and names a contact person responsible for coordination and authorised to make decisions.

6. Fees and payment terms

Fees follow the agreed offer. Unless otherwise agreed, we invoice monthly. Invoices are payable in full within 14 days of receipt. In the event of late payment we are entitled to charge default interest of nine percentage points above the base rate.

7. Dates and deadlines

Dates and deadlines are binding only where expressly agreed as such. Force majeure and other unforeseeable events release us from our performance obligations for the duration of the disruption.

8. Rights of use

We grant the client a simple, non-transferable right to use the works we create. Rights of use pass to the client upon payment of the agreed fee in full. The source code remains with us unless expressly agreed otherwise.

9. Warranty

We warrant that our services are free of material and legal defects. The client must report defects in writing without delay. We are entitled to remedy the defect. If remediation fails, the client may reduce the fee or withdraw from the contract.

10. Liability

We are liable without limitation in cases of intent or gross negligence, for injury to life, body or health, and under the Product Liability Act. In cases of slight negligence we are liable only for breach of material contractual obligations and limited to the foreseeable damage typical of the contract. Liability for loss of data is limited to the typical cost of recovery that would have arisen had data been backed up regularly and appropriately.

11. Confidentiality

We keep all confidential information of the client secret and use it solely for the purposes of the contract. This obligation continues after the contract ends.

12. Data protection

We process the client's personal data in accordance with our privacy policy and applicable data protection law. Where we process personal data on the client's behalf, the parties conclude a data processing agreement pursuant to Art. 28 GDPR.

13. Term and termination

Continuing obligations may be terminated with one month's notice to the end of a month unless otherwise agreed. The right to terminate for good cause remains unaffected.

14. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance and jurisdiction is, as far as legally permissible, our place of business. Should individual provisions of these terms be invalid, the validity of the remaining provisions is unaffected.