General Terms and Conditions (GTC)

§ 1 Scope of Application

(1) These General Terms and Conditions (hereinafter "GTC") apply to all business relationships between TSR Technologies GmbH, Löwensteinring 26, 12353 Berlin (hereinafter "Contractor") and the customer (hereinafter "Client").

(2) The version of these GTC valid at the time of conclusion of the contract shall apply in each case.

(3) Deviating, conflicting or supplementary general terms and conditions of the Client shall only become part of the contract if and insofar as the Contractor has expressly agreed to their validity in writing.

(4) These GTC only apply to entrepreneurs within the meaning of § 14 BGB, legal entities under public law or special funds under public law.

§ 2 Subject Matter of the Contract

(1) The Contractor provides IT services, in particular in the areas of IT security, cloud computing, managed services, IT consulting and digital transformation.

(2) The specific scope of services results from the respective offer, the service description or the individual contract.

(3) Changes to the scope of services require a written agreement between both parties.

§ 3 Offers and Conclusion of Contract

(1) The offers of the Contractor are non-binding and without obligation, unless they are expressly marked as binding.

(2) A contract is only concluded through the written order confirmation of the Contractor or through the commencement of service provision.

(3) The information contained in the offer regarding services and prices is authoritative unless expressly agreed otherwise.

§ 4 Service Provision

(1) The Contractor provides the agreed services in accordance with the recognized rules of technology and with due care.

(2) The Contractor is entitled to engage third parties (subcontractors) to fulfill its obligations. The Contractor is liable for the fault of the subcontractors as for its own fault.

(3) Dates and deadlines are only binding if they have been expressly agreed in writing as binding.

(4) The Client is obligated to provide the Contractor with all information, documents and access necessary for the provision of services in a timely manner.

§ 5 Remuneration and Payment Terms

(1) Remuneration is based on the respective offer or agreement. Unless otherwise agreed, the price lists of the Contractor at the time of conclusion of the contract apply.

(2) All prices are exclusive of the applicable statutory value added tax.

(3) Invoices are due for payment within 14 days of the invoice date without deduction, unless otherwise agreed.

(4) In the event of late payment, the Contractor is entitled to charge default interest at a rate of 9 percentage points above the respective base interest rate.

§ 6 Warranty and Liability

(1) The Contractor warrants that the services provided meet the agreed requirements.

(2) The warranty period is one year from acceptance of the service, unless a longer period is mandatory by law.

(3) The Contractor is liable without limitation for intent and gross negligence. In the case of slight negligence, the Contractor is only liable for breach of essential contractual obligations (cardinal obligations) and limited to foreseeable, contract-typical damage.

(4) The above limitations of liability do not apply to damages arising from injury to life, body or health or claims under the Product Liability Act.

§ 7 Confidentiality and Data Protection

(1) The parties undertake to keep confidential all confidential information obtained in the course of cooperation for an unlimited period of time and to use it only for the execution of the order.

(2) The Contractor undertakes to comply with the applicable data protection regulations. If the Contractor processes personal data on behalf of the Client, a separate data processing agreement will be concluded.

§ 8 Contract Duration and Termination

(1) The contract duration is based on the agreements in the respective individual contract.

(2) For continuing obligations, the notice period is three months to the end of the contract, unless otherwise agreed.

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

§ 9 Final Provisions

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Berlin, provided the Client is a merchant, legal entity under public law or special fund under public law.

(3) Amendments and additions to these GTC require written form. This also applies to an amendment of this written form clause.

(4) Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

Last updated: December 2025