Scope and provider
The offer is aimed exclusively at companies, traders, freelance professionals and legal entities under public law.
On the basis of these General Terms and Conditions (GTC) the contract is concluded between the “customer” and the freelancer hereinafter referred to as “provider”:
Johannes Franken
Staufenbergring 26
35396 Gießen
Tel: +49 800 53726536 (0800-JFRANKEN)*
Fax: +49 641 98429077
Email-Address: info@jfranken.de
Sales tax identification number: DE151758971
*: Free of charge from Deutsche Telekom’s landline network. The price may vary for calls from mobile phones.
Contractual object
This contract regulates the sale of services from the areas
- IT consulting
- System analysis
- Software and system development
For details, reference is made to the service description in the respective offer.
Conclusion of contract
The contract is concluded in electronic business transactions via e-mail.
The conclusion includes the following steps:
- The customer sends a project enquiry (description of the task and general conditions) to the provider. The project enquiry can be sent by e-mail or the contact form on this website.
- The provider sends an offer (solution proposal with non-binding cost estimate) as well as a project contract to the customer.
- The customer sends the order (signed project contract) to the provider
- The provider sends the order confirmation (against signed project contract with date estimate) to the customer.
The contract shall only come into effect upon sending the order confirmation. The submission of an offer does not constitute a legally binding declaration. The contract is also concluded by the provision of the service.
Duration of contract
The contract is concluded for an indefinite period of time.
Retention of title
Until complete payment has been made, the delivered service remains the property of the provider.
Prices, shipping costs, return costs
All prices are exclusive of the statutory sales tax.
Terms of payment
The customer has exclusively the following options for payment:
- Transfer by invoice
Other payment methods are not offered and will be rejected.
The invoice amount is to be transferred to the account indicated on the invoice, which contains all details for the transfer. The project contract determines when the provider creates the invoice, for example
- after performance of the service
- after declaration of acceptance
- after achievement of partial objectives (service certificates)
- According to time spent per period
The customer is obliged to pay or transfer the amount shown on the invoice within 30 days after receipt of the invoice to the account indicated on the invoice.
Payment is due without deduction from the invoice date. After expiry of the payment period, which is thus determined according to the calendar, the customer shall also be in default without reminder.
A right of retention on the part of the customer, which is not based on the same contractual relationship, is excluded.
The offsetting against claims of the customer is excluded, unless these are undisputed or have been legally established.
Warranty
Consumers are entitled to a statutory liability for defects on the services offered in accordance with the relevant provisions of the German Civil Code (Bürgerliches Gesetzbuch, BGB). If deviations from these terms and conditions are made, the warranty is based on the regulations in the General Terms and Conditions of Business (GTC).
If the customer is an entrepreneur, the warranty period for new goods is limited to one year.
This does not apply to claims for damages by the customer on account of injury to life, limb, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the contractual objective. Similarly, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agents. In all other respects, the statutory provisions shall apply.
Contract design
If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of performance shall pass to the customer upon delivery.
The contract text is stored by the provider.
The customer has no possibility to access the stored contract text directly.
Right of withdrawal and customer service
The provisions for distance contracts do not apply to customers who are entrepreneurs. Therefore, these customers are not entitled to a corresponding right of revocation due to distance selling contract. The provider does not admit such a claim.
Disclaimer
Claims for damages on the part of the customer shall be excluded, unless otherwise provided for by the following reasons. This shall also apply to the agent and vicarious agent of the provider if the customer asserts claims for damages against these claims. Excluded are claims for damages by the customer due to injury to life, limb, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the contractual objective. Similarly, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agents.
Prohibition of assignment and pledging
Claims or rights of the customer against the provider may not be assigned or pledged without provider’s consent, unless the customer has shown a justified interest in the assignment or pledging.
Language, place of jurisdiction and applicable law
The contract is drafted in German. The further execution of the contractual relationship shall be in German.
The law of the Federal Republic of Germany shall apply exclusively. This shall only apply to consumers to the extent that this does not restrict any legal provisions of the state in which the customer is domiciled or habitually resident.
The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law shall be the registered office of the provider.
Protection of privacy
In connection with the initiation, conclusion, execution and reversal of a purchase contract on the basis of these General Terms and Conditions of Business, the provider collects, stores and processes data. This is done within the framework of legal regulations. The provider does not pass on any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has given his express prior consent. If a third party is used for services in connection with the handling of processing processes, the provisions of the Federal Data Protection Act are complied with. The data communicated by the customer by way of an order will be processed exclusively for the purpose of contacting the customer regarding the execution of the contract and only for the purpose for which the customer made the data available. The data will only be passed on to the shipping company, which takes over the delivery of the goods according to the order, as far as necessary. The payment data will be passed on to the credit institution responsible for payment. In case the provider has retention periods under commercial or tax law, the storage of some data may take up to ten years. During your visit to the provider’s website, anonymous data which does not allow any conclusions to be drawn about personal data and which do not intend to do so, in particular IP address, date, time, browser type, operating system and pages visited, will be logged. At the customer’s request, personal data will be deleted, corrected or blocked in accordance with the statutory provisions. It is possible to obtain free information about all personal data of the customer. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address:
Johannes Franken, Staufenbergring 26, 35396 Gießen, +49 641 98429073, info@jfranken.de.
Severability clause
The ineffectiveness of a provision of these GTC has no effect on the effectiveness of the other provisions.
Implementation of the ODR Directive
Note on online dispute resolution according to Art. 14 para. 1 ODR Regulation: The European Commission provides a platform for Online Dispute Resolution (OS).
Note pursuant to section 36 (1) No. 2 VSBG: I would like to point out that I am not available for participation in dispute resolution proceedings before a consumer arbitration board.
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