Terms and Conditions of WiKon-IT
1. Scope of Application
These Terms and Conditions apply to all contracts, deliveries, and services between WiKon-IT, Konstantin Winter (hereinafter referred to as the “Contractor”), and his clients (hereinafter referred to as the “Client”). Any differing terms and conditions of the Client shall not be recognized unless the Contractor has expressly agreed to their validity in writing.
2. Description of Services
WiKon-IT provides services in the fields of IT consulting, web design, hosting configuration, software development, automation solutions, and IT support.
The specific scope of services results from the individual offer, contract, or order confirmation. The Contractor is entitled to provide partial services if this is reasonable for the Client.
3. Conclusion of Contract
A contract is concluded as soon as the Client confirms an offer in writing or in text form (e.g. by email). Verbal agreements shall only be binding once they have been confirmed in writing.
4. Remuneration and Payment Terms
The remuneration is determined by the price agreed in the offer or contract. Unless otherwise agreed, billing is based on the time spent, calculated on an hourly basis. All prices are stated in accordance with § 19 of the German Value Added Tax Act (UStG) without the addition of VAT (small business regulation). Payments are due without deduction within 14 days after invoicing. In the event of late payment, the Contractor is entitled to charge statutory default interest.
5. Client’s Obligations to Cooperate
The Client is obliged to provide all information, data, and access necessary for the provision of services in a timely manner. If the performance of the service is delayed due to a lack of cooperation by the Client, any agreed deadlines shall be extended accordingly.
6. Performance Period and Delay
Performance periods are only binding if they have been expressly confirmed in writing. Force majeure or unforeseeable circumstances (e.g. technical malfunctions, failure of servers or networks) entitle the Contractor to postpone performance for the duration of the disruption.
7. Liability
The Contractor shall be liable for damages – regardless of the legal basis – only in cases of intent or gross negligence. In cases of slight negligence, the Contractor shall only be liable for damages resulting from injury to life, body, or health, as well as for damages arising from the breach of an essential contractual obligation (cardinal duty). In such cases, liability is limited to the typical, foreseeable damage. Further liability, in particular for data loss, loss of profit, or indirect damages, is excluded. WiKon-IT assumes no responsibility for data, content, or systems provided by the Client.
8. Warranty
For services, the Contractor does not owe a specific result but the professional performance of the agreed service. Defects must be reported in writing within 14 days after acceptance or discovery. Rectification shall be carried out at the Contractor’s discretion.
9. Right of Withdrawal for Consumers
As WiKon-IT exclusively provides services that are individually rendered or performed digitally, there is no right of withdrawal in accordance with § 312g (2) No. 1 of the German Civil Code (BGB) once the service has been fully provided or has begun with the Client’s express consent.
10. Data Protection
Personal data is processed solely in accordance with the applicable data protection laws. Further information can be found in the privacy policy on the WiKon-IT website.
11. Intellectual Property
All concepts, designs, source code, and other works created by the Contractor are protected by copyright and remain the property of the Contractor until full payment has been received. Any transfer, modification, or use beyond the agreed purpose requires the Contractor’s prior written consent.
12. Final Provisions
German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is, insofar as legally permissible, the registered office of the Contractor. Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
13. Contract Term and Termination
For maintenance or service agreements, unless otherwise agreed, the term is twelve months from the start of the contract. The agreement is automatically extended by another twelve months unless terminated in writing with a notice period of four weeks before the end of the term. The right to extraordinary termination for good cause remains unaffected. Termination must be made in text form (e.g. by email).
14. Confidentiality
Both parties agree to treat all confidential information obtained in the course of cooperation—especially technical, business, or personal data—as strictly confidential and not to disclose it to third parties. This obligation continues even after the end of the business relationship. Exceptions apply to information that becomes publicly known without a breach of this agreement or must be disclosed due to legal requirements.