The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply to the provision of services by generic.de software technologies AG (hereinafter referred to as "generic.de") to companies within the meaning of Section 14 of the German Civil Code (BGB). The agreed services may in particular involve the development or adaptation of software (e.g. web, desktop or mobile applications) and the provision of related consulting and other services.
The type and scope of services as well as deadlines and remuneration shall be specified in more detail in individual contracts with reference to these GTC. An individual contract shall regularly be concluded by the signing of the contract by both parties or by the acceptance of a corresponding offer by generic.de by the customer. The individual contract as well as regulations in other customer-specific contractual documents (e.g. in the offer of generic.de) shall have priority over the GTC in the event of contradictions. General terms and conditions of the customer shall not apply even if generic.de renders services without contradicting them.
The GTC in their respective current version shall also apply to all future contracts for the provision of comparable services between generic.de and the customer, even if this is not expressly referred to again.
Offers from generic.de are subject to change and non-binding, unless the offer is designated as binding in writing. The customer shall be bound by its declarations on the conclusion of contracts for 4 weeks.
Unless expressly agreed otherwise, generic.de shall perform software development services as services within the meaning of Section 611 of the German Civil Code (BGB). In this case, the customer shall bear responsibility for the project organization and shall be responsible for the professional, timely and budgetary realization of its project.
If this is expressly agreed upon in the individual contract or if it results compellingly from the distribution of tasks and risks agreed upon between the contractual partners (e.g. in the case of an agreement on the program-technical implementation by generic.de of a bindingly applicable specification created by the customer prior to the conclusion of the contract), generic.de shall, in exceptional cases, also render work services to the customer within the meaning of § 631 of the German Civil Code (BGB). In addition to the other provisions of these GTC, the special conditions for work and services in §§ 10 and 11 shall apply to the provision of work and services by generic.de. In particular, if the contractual partners have agreed on the use of agile project methods or if the customer's employees are strongly involved in the conception and/or development services, the special conditions for work and services shall not apply. generic.de shall not assume any responsibility for success in this respect.
generic.de shall provide the agreed services in accordance with the respective recognized state of the art, in particular the generally recognized rules of technology for software development, and shall perform all servicescarefully and by professionally qualified employees.
If generic.de develops software for the customer or adapts it to the customer's specifications, documentation (in particular development and/or user documentation) shall be prepared and provided only if expressly agreed in the individual contract. Unless otherwise agreed in the individual contract, the customer shall receive software exclusively in object code - either by download, remote installation or on a suitable data carrier, as agreed.
The expected time schedule for the provision of the service shall be recorded in an initial schedule. If dates and/or deadlines are included therein, they shall be non-binding target dates unless they are expressly designated as binding. They shall be postponed or extended by the period during which generic.de is waiting for the necessary cooperation or collaboration of the customer or is prevented from fulfilling the contract through no fault of its own - e.g. due to force majeure or other unforeseen events - and by a reasonable restart period after the hindrance has been removed.
Each contractual partner shall name a contact person responsible for the project and joint cooperation in the individual contract. This contact person is authorized to make and receive the declarations required within the framework of the execution of the contract on behalf of his party and to make the necessary decisions. The contractual partners shall only replace their contact persons for good cause and shall inform each other immediately in the event of a replacement.
generic.de shall be entitled to employ salaried employees or subcontractors at its own discretion to provide the services. The selection and assignment of employees shall be the sole responsibility of generic.de. If generic.de names employees (e.g. in an individual contract), this shall be done according to the respective state of knowledge and planning at the time of the conclusion of the contract. The employees of generic.de shall not be subject to any instructions of the customer with regard to the time allocation and the organization of the course of activities when performing the activities assumed by them - irrespective of the place of performance - and shall not enter into any employment relationship with the customer. Should it become necessary to replace employees, generic.de shall ensure that they have comparable qualifications. The customer may demand the replacement of employees for good cause. In this case, the customer shall bear the costs of training a new employee.
generic.de may prepare minutes of the content of project meetings. These shall become binding on both parties if generic.de provides them to the customer and the customer does not object to them in writing within one week of receipt, stating the reasons. generic.de shall inform the customer of this effect in each case.
If the contractual partners agree in the individual contract on the application of an agile procedure model, the following conditions shall apply. The contractual partners will agree on an agile procedure in particular if the customer's requirements are not yet finally defined when the contract is concluded and these, just like the work results themselves, are to be developed jointly by both contractual partners in a flowing process. The contractual partners shall specify in the individual contract whether the service is to be provided within the framework of an agile project (e.g. by reference to agile methods, agile procedure or Scrum). In the event of contradictions with other provisions of these GTC, the provisions in this § 4 shall take precedence. The contractual partners may agree on a project procedure deviating from this § 4 in the individual contract.
The initial service description, which is to be updated during the collaboration,is derived in particular from the product vision and the initial product backlog. The contractually agreed services are subdivided into service packages that are processed jointly by the contractual partners in shortphased incremental time periods in cycles of 2-4 weeks each ("sprints"). After an initial workshop, the contractual partners agree on the content and goals of the respective sprint in a planning meeting at the beginning of each sprint. The goal is to have an executable, theoretically usable software increment available at the end of each sprint. The course of the project and the further specification and detailing of the agreed deliverables (e.g. in sprint backlogs, user stories, etc.) are organized and administered with the help of an agile project management tool provided by generic.de (such as the Microsoft Azure DevOps solution).
Unless the contractual partners agree otherwise in the individual contract, the Customer shall provide a sufficiently qualified and experienced employee as Product Owner. The Product Owner shall be responsible in particular for the specification of the Customer's requirements for the contractual services and for the content of the Product Backlog. The product owner decides which requirements are to be implemented in which order and with which priority. He also has budget responsibility for the project. The Product Owner accepts or rejects the contractual deliverables in the Sprint Review. He may only be replaced by the customer with the consent of generic.de or if there is a compelling reason in the person of the employee, e.g. if his employment relationship with the customer ends. generic.de may demand the replacement of the Product Owner if, in the opinion of eneric.de, he does not have the required qualifications.
The contact person designated by generic.de or another employee designated by generic.de assumes the role of the project manager, who is responsible for compliance with the agile procedure model and the agile processes comparable to a Scrum Master. The project manager ensures that the project team functions and can work productively. He or she ensures a suitable working environment for the project team, moderates in the event of problems, and promotes a shared sense of responsibility among all participants.
Self-contained partial services and software increments shall be accepted individually at the end of a Sprint, unless the contractual partners agree in individual cases not to perform an acceptance for the Sprint in question. The partial acceptance shall be carried out either at the end of a Sprint or before the start of the respective next Sprint in a joint meeting in which the respective work result is tested and checked by the contractualpartners for its contractual development status corresponding to the Sprint Backlog and the Product Backlog. Partial services that have not been accepted within 5 working days after the end of the respective Sprint shall nevertheless be deemed to have been accepted, unless the Customer notifies us in writing or in text form of defects that prevent partial acceptance in a comprehensible manner. Requirements that are not fulfilled or not fulfilled properly will be added back to the Product Backlog and implemented in a later Sprint.
The contractual partners agree that the agreed agile approach places high demands on the customer's cooperation, which go far beyond the usual cooperation services of a customer in a software project according to classic methodology. In particular, the customer is obligated to provide sufficiently dimensioned resources and qualified employees for the project; these employees must have sufficient experience with agile project methods. The customer shall participate in all meetings and shall ensure that its participating employees are able to make binding statements and take immediate decisions within the scope of such meetings. Insofar as generic.de cannot provide its service without the cooperation of the customer or cannot provide it as agreed, delays shall be at the expense of the customer and generic.de shall retain the claim to the respective remuneration.
If the customer wishes to change its requirements and/or the agreed scope of services, the contractual partners shall attempt to implement this change in services primarily within the framework of the agile project methodology, e.g. by compensating for corresponding additional expenses by waiving future sprints or reducing complexity ("exchange for free procedure"). The affected product or sprint backlogs as well as other documents describing the service will be adapted by the contractual partners by mutual agreement.
In the event of significant changes, e.g. to the product vision on which the project is based, in the event of changes that lead to a significant increase in expenses, in the event of adjustments to parts of services or software increments that have already been accepted or if, for other reasons, the exchange for free procedure does not lead to a result, generic.de will review the change request and submit a corresponding offer to the customer for implementation. The additional costs for the implementation of such changes shall be borne by the customer. The service change will only be implemented after an appropriate supplementary agreement has been reached.
In the absence of other agreements, generic.de may demand payment on a time and material basis for the review of a change request and for the preparation of a supplementary offer. Unless otherwise agreed in the supplementary agreement, agreed dates and deadlines shall be postponed or extended at least by the number of calendar days on which the contractual work had to be interrupted due to the change request, as wellas by a reasonable restart time. The contractual partners shall accelerate all processes in connection with changes in performance as far as possible in order to avoid project delays as far as possible.
generic.de may refuse to execute a change request of the customer if the change is technically not feasible, if generic.de fears negative effects on already provided services or if the execution is not or temporarily not possible or not reasonable for generic.de due to capacity reasons.
The Customer shall provide, free of charge and as an essential contractual obligation, the cooperation services described in the following paragraphs as well as any other cooperation services that may be required for the provision of the service in a timely, proper and complete manner. This shall also include, in particular, such cooperation services that result from the application of an agile process model (cf. § 4 above).
The customer shall ensure that its employees have the qualifications and experience required for the cooperation services and shall release them from other activities to the extent required.
The customer shall provide complete and consistent information and documents, the necessary IT infrastructure, test cases, test data and a test environment to the required extent and shall cooperate in specifications and tests.
The customer shall create all necessary conditions in its sphere of operation for the proper performance of services. In particular, the customer shall grant generic.de access to its hardware and software to the required extent - both remotely and on site - during the entire term of the contract.
The customer shall provide and license the third-party products (hardware, software, databases, etc.) required for the provision of the contractual services. It is the customer's responsibility to ensure the proper operation and availability of the third-party products, if necessary, by means of license and maintenance agreements with the manufacturers or suppliers of the third-party products during the term of the contract.
Any necessary checks of industrial property rights of third parties that conflict with the services (e.g. patents, trademarks, registered designs, etc.), corresponding register entries as well as the check for legality are the responsibility of the customer, unless otherwise agreed in the individual contract.
If the customer commissions further service providers, these shall be deemed to be vicarious agents of the customer. As the client of both generic.de and further service providers, the customer shall be responsible for the delimitation, coordination and monitoring of the activities of the various contractors. The customer shall perform the necessary management and control tasks independently and in such a way that no delays, waiting times and/or additional expenses are incurred by generic.de.
The customer shall take appropriate emergency precautions (e.g. by means of regular data backups, regular checking of its IT systems) and shall ensure at least continuous emergency operation in the event of a failure of its IT systems by means of an appropriate emergency concept. In the absence of express written instructions in individual cases, the employees of generic.de may always assume that all data with which they come into contact are sufficiently secured against loss.
The waiting and downtimes, costs as well as additional expenses of generic.de resulting from the delayed, non-fulfillment or poor fulfillment of duties to cooperate shall be invoiced to the customer at the agreed daily rates according to expenditure. If cooperation services to be rendered by the customer are rendered by generic.de as a substitute after the fruitless expiry of a reasonable deadline set for this purpose, in case of imminent danger also without setting a deadline, the resulting additional expenses shall also be reimbursed on a time and material basis. Further claims of generic.de shall remain unaffected.
All copyrights, industrial and other property rights to software created for and/or provided to the customer (including design and concept documents, documentation, specifications, etc.) shall be exclusively vested in generic.de in the relationship with the customer, even to the extent that software has been created based on specifications or with the cooperation of the customer.
For tools, program libraries and other open-source software that generic.de provides to the customer, the applicable open-source license terms shall apply with priority. In addition, the license terms in these GTC shall apply. Upon request, generic.de shall provide the customer with the applicable open-source license terms free of charge. The customer shall ensure compliance with the open-source license terms applicable to the open-source software within its area of responsibility.
Unless otherwise agreed in the individual contract, the customer shall receive the simple, non-transferable, irrevocable, temporally, and geographically unrestricted right to use all software and other work results that generic.de creates for and/or provides to the customer for the customer's own business purposes as agreed or presupposed by both contractual partners, subject to the condition precedent of full payment of the remuneration agreed for this purpose. Within the scope of the contractual use, the customer shall be entitled to reproduce the software and to make the necessary backup copies, which shall be marked as such.
The customer shall only be permitted to edit or otherwise modify (e.g. General Terms and Conditions of generic.de.de software technologies AG General Terms and Conditions of generic.de. software technologies AG, Version 1.0, 1st October 2021 Page 3 from 5 further develop) the software if and to the extent that the contractual partners have expressly agreed on the transfer of the source code required for this purpose and have not greed anything to the contrary regarding the scope of the rights of use in the individual contract. If the customer makes changes to the source code himself or through third parties on his behalf, generic.de shall not assume any responsibility for such changes and any consequential effects on other parts of the software. In particular, the customer shall bear the burden of proof that any defects of the software were not caused by such own modifications.
Sublicensing, leasing, and other forms of temporary transfer of the software to third parties, use in SaaS, outsourcing or data center operations or any other use of the software by or for third parties, whether in return for payment or free of charge, shall require the prior written consent of generic.de.
The customer undertakes to maintain secrecy about all company and business secrets of generic.de entrusted to him, made accessible to him or otherwise becoming known to him and to use such confidential information only for the purpose provided for in the individual contract. The customer shall provide access to the confidential information only to those employees who need to know it for the purposes of the individual contract. The confidentiality obligation shall apply for a period of three years beyond the termination of the individual contract.
The obligation to maintain confidentiality shall not apply to confidential information which was already known to the customer beforehand without an obligation to maintain confidentiality or which is or becomes generally known without the customer being responsible for this or which is lawfully disclosed to the customer by a third party without an obligation to maintain confidentiality or which has demonstrably been independently developed by the customer.
The provisions of this § 8 shall not restrict the right of the contracting parties to continue to use ideas, concepts or procedures which relate to the contractual services, and which have become part of the general know-how of their respective employees during the cooperation, provided that this does not infringe any industrial property rights of the other contracting party or a third party.
The contractual partners undertake to properly store all business items and documents made available to them and to hand them over to the other contractual partner at any time upon corresponding request. In particular, they shall ensure that unauthorized third parties are prevented from gaining access to them as far as possible.
Insofar as personal data are processed, generic.de shall oblige the employees entrusted with this in writing to comply with the GDPR and to handle the personal data confidentially prior to their deployment. generic.de shall be entitled to disclose personal data to subcontractors deployed in accordance with the contract, insofar as such disclosure is necessary for the provision of the respective service commissioned. If the customer provides generic.de with access to personal data, the customer shall ensure that the relevant legal requirements for transfer to and processing by generic.de are met.
If the customer agrees to be named as a reference customer (e.g. in an individual contract), generic.de may include the customer's name in a reference list for its own advertising purposes and, in this context, may also use the customer's corporate identifiers, trademarks and logos in printed publications and online, e.g. on generic.de's website.
The amount of remuneration shall be regulated in the individual contract. Unless the contractual partners agree otherwise, services shall be remunerated on a time and material basis at the daily rates agreed in the individual contract. If a specific number of person-days is stated in the offer of generic.de or in the individual contract, these shall be non-binding estimates in the absence of an express agreement to the contrary.
The effort-based remuneration shall be invoiced to the customer monthly at the beginning of the month following the provision of the service, upon submission of the proof of activity customary at generic.de. generic.de shall inform the customer if it becomes apparent to generic.de that the estimated number of person-days will be exceeded. At the customer's request, generic.de shall provide a monthly budget report.
The customer has the option of bindingly ordering certain resources or contingents of person-days over a certain period. Services of a bindingly ordered contingent not called up during the agreed period shall be remunerated under the terms and conditions of the individual contract, unless generic.de was able to deploy the employees in other projects.
Agreed daily rates cover a working time of eight hours. Any work in excess of this per day is remunerated pro rata on an hourly basis. In the case of weekend and public holiday work (public holiday regulations in Baden-Württemberg and the 24th and 31st of December) as well as night work (from 8 p.m. to 7 a.m.), which generic.de performs at the request of the customer, a surcharge of 50% shall be levied on the applicable daily rate.
The actual costs incurred for the journey of the generic.de employee from his place of business to the customer's place of business shall be charged as travel expenses; generic.de shall be responsible for selecting the means of transport. The amount of the costs to be reimbursed by the customer shall otherwise be determined by the individual contract. Travel times are working times and shall be charged to the customer at an hourly rate reduced by 50%.
All payments are to be made by the customer within 30 calendar days of receipt of invoice without deduction. All prices are subject to the applicable statutory value added tax.
If the customer is in default of payment, generic.de may, after the fruitless expiration of a two-week grace period, discontinue its contractual services with immediate effect until the customer has fully met its payment obligations and settled all due claims. Further rights of generic.de due to the customer's default of payment shall remain unaffected.
If generic.de provides work performances or if the contractual partners expressly agree on the performance of an acceptance of the development performances, the contractual partners shall jointly determine theprerequisites and the procedure for acceptance in the individual contract or within the framework of project management. The acceptance of Sprint Results shall take place primarily in accordance with the provisions of § 4.
Separable parts of the service shall be accepted independently by the customer at generic.de's request, insofar as the respective work results are amenable to acceptance. By such partial acceptance, the customer agrees to the respective part of the performance; each partial acceptance (also of sprint results such as independently usable software increments) shall in this respect have the effects of an acceptance within the meaning of § 640 BGB. Partial acceptances that have already taken place shall remain unaffected by the success of subsequent acceptance tests. A final or overall acceptance shall only take place if this is expressly agreed between the contracting parties.
generic.de shall make the work results available to the customer for acceptance in each case and notify the customer of readiness for acceptance. The customer shall carry out the acceptance test within 2 weeks at the latest and shall declare acceptance if no defect preventing acceptance has occurred during the acceptance test. Only such defects of the work results that exclude or significantly restrict their use may prevent acceptance and justify a termination of the acceptance test. Defects shall be remedied by generic.de within the framework of the following sprints or within the framework of subsequent performance.
Acceptance or partial acceptance may also be affected by way of conclusive behavior, e.g. by putting the work results to be accepted into use in productive operation (i.e. not for mere testing purposes), by unconditional payment of the remuneration or by Customer calling for further services based on the work results to be accepted. The work results shall also be deemed to have been accepted if the customer does not notify generic.de in writing of any defects preventing acceptance within 2 weeks of being notified of readiness for acceptance.
generic.de warrants that the work results provided to the customer under the contract for work and services comply with the agreed performance specifications. If generic.de performs services according to the customer's requirements and specifications or integrates components of third parties or of the customer itself into its own developments or already existing systems at the customer's request, generic.de shall not assume any responsibility for the technical and legal properties of these third-party components and the consequences of the implementation of the customer's requirements.
Functional impairments resulting, for example, from improper operation of the work results by the customer, from the customer's system environment or from other reasons originating from the customer's area of risk do not constitute a defect. The liability for defects presupposes that the customer has not modified the work results or used them contrary to the contractual specifications, unless the customer proves that the defect is independent of this.
generic.de shall provide warranty in case of defects by subsequent performance, which shall be affected at generic.de's option by subsequent delivery of a work result free of defects or by removal of the defect. The elimination of the defect may also consist in generic.de first showing the customer reasonable possibilities to avoid or circumvent the effects of the defect.
If the subsequent performance finally fails (at least 2 attempts per properly notified defect), the customer may withdraw from the contract or reduce the remuneration. Due to the complexity of the services, more than 2 attempts at rectification may be appropriate and reasonable for the customer. If the deviation of the work results from the agreed quality is only insignificant, there is no right of withdrawal. Compensation for damages or reimbursement of futile expenses due to a defect shall be paid by generic.de within the limits set forth in § 13 of the GTC.
If generic.de renders services in the search for or removal of defects without being obligated to do so, generic.de shall be entitled to demand separate remuneration from the customer for such services on a time and material basis. This shall apply in particular if a defect reported by the customer cannot be proven or cannot be attributed to generic.de. There shall be no claim to additional remuneration if it was not apparent to the customer that there was no defect in the services of generic.de.
The limitation period for claims for defects of the customer shall be one (1) year. This shall not apply if generic.de has caused the defect intentionally or by gross negligence or has fraudulently concealed the defect from the customer or insofar as any other mandatory statutory provision precludes a shortening of the limitation period.
generic.de warrants that the software provided to the customer is free of third-party property rights and shall indemnify the customer against third-party claims based on infringements of property rights in accordance with the following provisions.
If third parties assert claims against the customer based on the infringement of their property rights by the software created by generic.de, the customer shall immediately inform generic.de thereof in writing and comprehensively. generic.de shall be entitled, but not obliged, to conduct the dispute with the third party in and out of court on its own. If generic.de makes use of this option, the customer shall support generic.de in its defense to a reasonable extent free of charge and grant generic.de all powers necessary for this purpose. The customer will not acknowledge the claims of the third party on its own initiative.
If the software has a defect of title at the time of transfer of risk, generic.de shall provide the customer with a legally unobjectionable possibility of using the software. generic.de may alternatively modify the software concerned or replace it (in whole or in part) with equivalent software in order to remedy the defect. If an infringement of third party property rights and/or a legal dispute about the claims of the third party can be eliminated or avoided by the customer using a more current version of the software provided free of charge by generic.de, the customer shall be obligated to adopt and use such version within the scope of its duty to mitigate damages, unless the customer proves that the use of the more current version is unreasonable for it.
generic.de shall indemnify the customer within the liability limits of § 13 of these General Terms and Conditions from all damages caused by theinfringement of property rights, insofar as these are based on a defect of title for which generic.de is responsible in the software used by the customer in accordance with the contract. In all other respects, the provisions for material defects in § 11 shall apply mutatis mutandis to the customer's claims based on defects of title.
generic.de shall in particular not be liable if claims of a third party based on alleged infringements of property rights are based on the fact that the software was modified by the customer or used in violation of the contractually agreed conditions of use or for purposes other than those contractually agreed.
generic.de shall pay compensation for material damage and financial loss as well as for futile expenses, irrespective of the legal grounds (e.g. due to defects, default, tort or other breaches of duty), only to the followingextent:
in the case of intent and gross negligence as well as in the case of the assumption of a guarantee in the full amount;
in all other cases only in the event of a breach of a material contractual obligation, without which the achievement of the purpose of the contract would be jeopardized and on the fulfillment of which the customermay therefore regularly rely (so-called cardinal obligation), to the compensation of the typical and foreseeable damage for generic.de, however, limited in amount to the amount stated in the individual contract, if no amount is stated therein, limited to the respective order value of the individual contract concerned.
generic.de shall be liable for the retrieval of data within the limits of §13.1 only to the extent that the customer has ensured that the data from inventories held in machine-readable form can be reproduced at anytime with reasonable effort.
The above limitations of liability shall also apply in favor of the legal representatives, vicarious agents and employees of generic.de.
Liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above provisions.
During the term of the individual contract and for a period of 12 months after its termination, the contracting parties undertake not to poach any employee of the respective other contracting party (or its subcontractors)involved in the provision of services and to hire or otherwise employ such employee at its own company or at another company in which it holds a significant interest. Solicitation shall be presumed if the hiring of the employee is not demonstrably due to a public job advertisement.
For each case of culpable infringement, a contractual penalty in the amount of one gross annual salary of the poached employee shall become due. Further claims of the contractual partners shall remain unaffected.Any contractual penalty paid shall be offset against the claim for damages.
If a specific term is provided for in the individual contract, the contractual relationship may not be terminated with due notice until its expiry. If the contracting parties do not agree on an extension, the contractual relationship shall end upon expiry of the period provided for. If the individual contract does not provide for a regulation on the term, each contractual partner may terminate the contractual relationship with a notice periodof one (1) month to the end of each calendar month. In the case of any contracts for work and services, the statutory provision shall apply exclusively.
The right of both contracting parties to terminate the individual contract for good cause shall remain unaffected. Any termination must be in writing to be effective.
n the event of the exercise of the right of termination by one of the contractual partners, generic.de undertakes to immediately surrender to the customer the contractual services and work results created up to thatpoint. generic.de may refuse to surrender such services and work results if and as long as there are still outstanding and due remuneration claims.
Any assignment or transfer of contractual rights and obligations by the customer to third parties - including affiliated companies of the customer - shall require the prior written consent of generic.de. § 354a HGB remainsunaffected.
All amendments and supplements to the contract as well as declarations forming part of the contract (e.g. setting of deadlines, notices of termination) must be made in writing in order to be effective. In addition tothe statutory written form requirement, the contractually agreed written form requirement is also met by the electronic submission (e-mail) of a document signed and scanned by an authorized representative. The written form requirement can itself only be waived in writing. Other declarations (in particular within the scope of normal project communication) do not require this written form, but can also be exchanged in text form, i.e. primarily by e-mail or within the Agile Project Management Tool.
The law of the Federal Republic of Germany shall apply, excluding the conflict of laws rules of private international law and excluding the UN Convention on Contracts for the International Sale of Goods. The exclusiveplace of jurisdiction for all disputes arising in connection with the contract shall be Karlsruhe. generic.de shall also have the right to bring an action before any other national or international court having jurisdiction.
hould individual provisions of these GTC or the individual contract be or become invalid, or should the contract contain a loophole, this shall not affect the validity of the remaining provisions. In place of the invalid ormissing provision, the contracting parties shall agree on a valid provision that comes as close as possible to what the contracting parties intended economically at the time of the conclusion of the contract.