AGB EN

General Terms and Conditions TECHWAVE GmbH
valid from January 1st, 2019

1. General:
1.1. The following conditions apply between TECHWAVE GmbH, hereinafter referred to as “contractor”, and the customer, whereby the contractor does not submit to the customer’s general terms and conditions unless expressly agreed in writing.
1.2. The contractor provides IT services, especially for Microsoft and cloud software. The customer declares that he is an entrepreneur within the meaning of the KSchG and UGB, or that the commission is for his business area.
1.3. These General Terms and Conditions apply to all current and future services that the contractor provides to the customer; This is true even if, in individual cases, the General Terms and Conditions are not clearly referenced when the contract is concluded.

2. Offers and orders:
2.1. Unless otherwise agreed, offers are valid for 14 days from issue. After acceptance, the contractor will begin to carry out these within 4 weeks or, as a rule, as soon as the necessary parts have been delivered. Order confirmations from the customer will only become effective or factual with a written counter-confirmation. Appropriate implementation times are promised. These are extended accordingly by delays in delivery of hardware and software by third parties. Promises of completion dates do not constitute a fixed transaction unless this is agreed under this term. Small materials that are required to carry out the order, such as cables, data carriers, components, are considered to be automatically ordered up to an amount of 5% of the order total. Accepted orders do not constitute an obligation for the contractor to accept further follow-up orders. Any costs for an extensive, detailed analysis must be paid by the customer.

3. Remuneration and fulfillment:
3.1. Unless otherwise agreed, the contractor’s current hourly rates apply, as published in particular on the contractor’s website. Services outside office hours (Mon-Fri: 9 a.m. to 5 p.m.) are subject to a 50% surcharge.
3.2. The contractor owes the effort to fulfill the order in accordance with average technical knowledge, but not the success. The fee must also be paid if the contractor ultimately cannot solve a specific technical problem, unless an error analysis was commissioned beforehand and the solution was promised in writing by the contractor after the result was available. Furthermore, no promise can be made in advance regarding the specific duration of order fulfillment unless expressly agreed. The customer must reimburse appropriate expenses, not just necessary ones.
3.3. Telephone inquiries to solve technical tasks are considered an order even without a written order and will be charged according to the current fees.
3.4. Written documentation must be explicitly ordered.
3.5. The decision on how to carry out an order is at the discretion of the contractor and cannot be subsequently objected to by the customer unless the customer specifies a specific procedure in advance. A reduction in the fee charged is therefore excluded.
3.6. The contractor cannot guarantee the success of services for those software/hardware versions that do not correspond to the current version or that the manufacturer no longer generally offers support for this version.

4. Response and Completion Time:
4.1. Support is provided on a first-come, first-served basis. The contractor does not make any promises about his readiness without a separate maintenance agreement in which special availability is expressly guaranteed.
4.2. Since success is generally not guaranteed, unless otherwise agreed, the contractor does not guarantee any times for the completion of inquiries (=completion time). However, the contractor guarantees that it will endeavor to complete all inquiries as quickly as possible.
4.3. If the contractor guarantees success when providing a service (particularly when installing software or delivering hardware), the contractor guarantees a reasonable completion time, taking into account any order times. If no completion time has been agreed, a reasonable deadline for successful delivery – but at least 2 weeks – is deemed to have been agreed. If the contractor does not achieve the agreed result within the completion time, the customer must again request the contractor in writing to achieve the desired result within 14 days.
4.4. The contractor must only compensate the customer for damage caused by a failure to deliver a successful service if the contractor