Terms and Conditions

Section 1: Scope of Application

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts between BeeBack UG (haftungsbeschränkt), xhub.io is a A Digital Service by BeeBack UG, Scheffelstrasse 20A, 60318 Frankfurt am Main, (hereinafter "Contractor") and the Client (hereinafter "Client"), which are concluded via the website xhub.io or by other means.

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

Section 2: Subject Matter of Contract

(1) The Contractor provides IT services for the Client, particularly:

• Software development and customization
• IT consulting and advisory services
• Cloud solutions and migration
• SaaS solutions
• Support and maintenance

(2) The exact scope of services is defined in the respective service description or individual offer.

Section 3: Conclusion of Contract

(1) The presentation of services on the website does not constitute a legally binding offer but an invitation to submit an offer.

(2) By submitting an inquiry via the contact form or by email, the Client submits a binding offer.

(3) The contract is concluded through the written order confirmation by the Contractor or through commencement of service provision.

Section 4: Service Provision

(1) The Contractor provides its services according to the state of the art and with the required care.

(2) Service deadlines and dates are only binding if they have been agreed in writing.

(3) The Contractor is entitled to engage third parties (subcontractors) for service provision.

(4) The Client will provide the cooperation services necessary for service provision in a timely manner and free of charge.

Section 5: Remuneration and Payment Terms

(1) Remuneration is based on the respective agreement. All prices are exclusive of statutory value-added tax.

(2) Unless otherwise agreed, billing is based on actual effort at the Contractor's current hourly rates.

(3) Invoices are due for payment within 14 days of invoicing without deduction.

(4) In case of payment default, the Contractor is entitled to demand default interest of 9 percentage points above the base interest rate.

Section 6: Acceptance

(1) If acceptance has been agreed, the Client must test and accept the service within 10 working days of provision.

(2) Acceptance may not be refused due to insignificant defects.

(3) If the Client does not fulfill their acceptance obligation, the service is deemed accepted after expiry of the deadline.

Section 7: Warranty

(1) The Contractor warrants that the services comply with the agreed requirements.

(2) Defects must be reported by the Client immediately in writing.

(3) The Contractor will remedy reported defects within a reasonable period. If remedial action fails, the Client has the right to reduction or withdrawal.

(4) The warranty period is 12 months from acceptance.

Section 8: Liability

(1) The Contractor is liable without limitation for intent and gross negligence as well as for damages arising from injury to life, body, or health.

(2) In case of slightly negligent breach of essential contractual obligations, liability is limited to foreseeable, typically occurring damage.

(3) Liability for data loss is limited to the typical recovery effort that would have occurred with regular and risk-appropriate creation of backup copies.

(4) Otherwise, liability is excluded.

Section 9: Confidentiality

(1) Both parties undertake to keep confidential all confidential information obtained in the course of cooperation.

(2) This obligation continues after termination of the contractual relationship.

Section 10: Usage Rights

(1) The Client receives the usage rights to the created work results necessary for the contractual purpose.

(2) Transfer of usage rights to third parties requires the written consent of the Contractor.

(3) The Contractor reserves the right to use the developed fundamentals, methods, and procedures for other projects.

Section 11: Termination

(1) Work contracts can be terminated at any time until completion. In case of termination by the Client, the Contractor is entitled to the agreed remuneration minus saved expenses.

(2) Service contracts can be terminated with three months' notice to the end of the month.

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

Section 12: Data Protection

The Contractor processes personal data of the Client only within the scope of service provision and in accordance with applicable data protection regulations. Details are governed by the privacy policy.

Section 13: Final Provisions

(1) Amendments and supplements to these GTC require written form. This also applies to the waiver of the written form requirement.

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

(3) Place of performance and jurisdiction is Frankfurt am Main, if the Client is a merchant.

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