Terms & conditions

§ 1 General, scope

These General Terms and Conditions (GTC) apply to all consulting services between REKIT Online GmbH and the client. They apply only to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Deviating terms of the client do not apply unless expressly agreed in writing.

§ 2 Subject matter and duration

Services comprise consulting, IT development, online shops, and scaling as agreed. The contract is concluded for an indefinite term unless otherwise agreed. The notice period is one month to the end of a calendar month.

§ 3 Nature and purpose of the contract

The parties provide services under Sections 611 et seq. BGB to support the client’s IT services and related consulting. Details follow from the offer and service description.

§ 3.1 Service classes

Consulting services: standard consulting and analysis within the agreed scope.

Service retainer: monthly hour contingents; a minimum utilisation of 50% applies unless contractually agreed otherwise.

Work contracts (wv-): delivery of an agreed, reviewable work product against defined acceptance criteria.

Agile engagement: billing on a time-and-materials basis; agile sprints do not include free-of-charge defect remediation unless expressly agreed.

§ 4 Rights and obligations of the client

The client is responsible for the legality of the commissioned services. Instructions are given in writing or in documented electronic form. The client shall promptly report defects or obstacles of which it becomes aware.

§ 5 Obligations of the contractor

The contractor performs services in accordance with the client’s instructions. Strict data separation applies between clients. The contractor supports the exercise of data subject rights as agreed. Personnel are subject to appropriate confidentiality obligations.

§ 6 Liability and warranty

Liability for intent is unlimited. In cases of gross negligence, liability is limited to foreseeable, typical contractual damage. Freelancer liability: only to the extent compensation can actually be recovered from the respective freelancer. No liability for third-party software. Liability is capped at the respective contract value where permitted by law.

§ 7 Subprocessing relationships (data protection)

Use of subprocessors is permitted without separate approval, provided an adequate level of data protection is ensured (Art. 28 GDPR). Data processing agreements are concluded where required.

§ 8 Technical and organisational measures

The contractor maintains an appropriate level of protection in line with Art. 32 GDPR.

§ 9 Notification duties

Incidents or personal data breaches must be reported to the client without undue delay where legally or contractually required.

§ 10 Publication rights

The contractor may use the client’s name and logo as a reference unless the client objects in writing.

§ 11 Subprocessors (quality assurance)

The contractor is liable for subprocessors as for its own conduct. The client may require a qualification discussion before deployment of proposed subprocessors.

§ 12 Copyright & usage rights

Upon full payment, simple usage rights to agreed deliverables are granted. Moral rights and further rights remain with the contractor where permitted by law. This does not apply to standard products or open-source software under their respective licences.

§ 13 Data protection

Processing of personal data complies with the GDPR, the BDSG, and our privacy policy. Processing is purpose-limited. Where processing on behalf of the client occurs, an agreement under Art. 28 GDPR is concluded.

§ 14 Term and termination

Termination for good cause remains unaffected. If the client terminates without justification, fees for the remaining term may remain due unless mandatory law provides otherwise. Service retainers or managed services may include a minimum term of one year with tacit renewal.

§ 15 Payment and default

Prices are exclusive of statutory VAT and due within 14 days unless otherwise agreed. Default interest is 7 percentage points above the respective base rate.

§ 16 Confidentiality

Business and trade secrets must be kept strictly confidential. The duty continues for three years after the end of the contract unless longer statutory duties apply.

§ 17 Processing of personal data

As a rule, no processing of personal data on behalf of the client occurs. If it becomes necessary, a separate written agreement under Art. 28 GDPR is concluded.

§ 18 Final provisions

The law of the Federal Republic of Germany applies. The place of jurisdiction is Berlin if the client is a merchant, a legal entity under public law, or a special fund under public law, or has no general jurisdiction in Germany. Should individual provisions be invalid, the remaining provisions remain in effect (severability).