This English translation is provided for convenience and informational purposes only. It is not legally binding. Only the original German version of these General Terms and Conditions is legally binding and authoritative.
General Terms and Conditions of Business and Service
Bottrop, October 14, 2026
Scope of Application, Contracting Parties, and Exclusion of Consumers
These General Terms and Conditions (GTC) apply to all current and future contracts, deliveries, and other services between storb.IT, Stefan Wehlig, hereinafter referred to as the "Provider," and the respective client, hereinafter referred to as the "Customer."
The Provider's offers and all services are aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law. The conclusion of contracts or trade with consumers within the meaning of Section 13 BGB (private individuals) is expressly excluded.
Conflicting, deviating, or supplementary terms and conditions of the Customer shall not become part of the contract, even if known, unless the Provider expressly agrees to their validity in writing.
Service Provision, Obligations to Cooperate, and Software Testing Procedures
The Provider renders its consulting, development, and other services at its own professional discretion and is not subject to any instructions from the Customer regarding the place of work, working hours, or specific execution. The Customer is obliged to provide all information, system access, licenses, and documents required for the proper execution of the order in a timely manner and free of charge.
The Customer is obliged to independently verify all data backups and backup routines at least once a month to ensure complete functionality and restorability. This verification obligation of the Customer applies mandatorily in addition to any maintenance or testing services contractually assumed by the Provider.
Remuneration, Billing Increments, and Payment Terms
Unless otherwise agreed by contract or in the specific offer, remuneration shall be based on time and materials at an hourly rate of EUR 173.22. Services are billed at one-quarter of the hourly rate for each commenced quarter of an hour.
For travel and driving distances, a mileage rate of EUR 2.09 per kilometer driven applies, which also covers the travel time. If overnight stays are required domestically, a flat hotel rate of EUR 120.00 per night will be charged; for international travel as well as per diem allowances for meals, the current tax flat rates of the German Federal Ministry of Finance (BMF) shall apply, multiplied by a factor of 1.5.
All prices quoted are net amounts plus statutory value-added tax (VAT).
Invoices are due for payment without deduction within 14 days of receipt. In the event of default in payment, the Provider is entitled to charge default interest at a rate of 9 percentage points above the respective base interest rate, claim the statutory flat-rate default fee pursuant to Section 288 (5) BGB, and withhold ongoing services until full settlement has been made.
The Customer may only offset or exercise a right of retention with undisputed counterclaims, counterclaims that have been finally adjudicated, counterclaims ready for a final decision, or counterclaims arising from the same contractual relationship.
Retention of Title, Rights of Use, and Cancellation
Delivered goods remain the property of the Provider until all claims arising from the business relationship have been fulfilled in full. The granting of rights of use to created software solutions, concepts, and documentation is subject to the condition precedent of full payment of the agreed remuneration.
Orders that have not yet been executed may be canceled by the Customer free of charge up to 60 days prior to the scheduled start of service. If a cancellation or termination by the Customer takes place less than 60 days prior to the start of service without good cause attributable to the Provider, the Provider is entitled to demand liquidated damages amounting to 15 percent of the agreed order value. The Customer reserves the right to prove that the Provider incurred no damage or significantly less damage.
Acceptance, Duty to Inspect and Give Notice of Defects, and Limitation Period
Services under a contract for work and services (Werkvertrag) shall be deemed accepted as soon as the Customer uses the work results productively in live operations, pays the invoice without reservation, or fails to give written notice of any material defects within 14 days after the work has been made available for acceptance and a corresponding request has been issued by the Provider.
The Customer must inspect all deliveries and services immediately upon performance for conformity with the contract, completeness, and freedom from defects. Obvious defects must be reported in writing immediately, but no later than within 7 working days after performance or delivery; hidden defects must be reported in writing immediately, but no later than within 7 working days after their discovery. If the Customer fails to conduct a timely inspection or give timely notice of defects, the service shall be deemed approved with regard to the defect in question, and all warranty claims shall be excluded.
The limitation period for claims for defects is one year from acceptance or delivery, respectively. This reduction of the limitation period does not apply to claims for damages resulting from intentional or grossly negligent breaches of duty, fraudulent concealment of a defect, or injury to life, limb, or health.
Limitation and Exclusion of Liability
The Provider shall be liable without limitation in cases of intent, gross negligence, malice, assumption of a guarantee, under the German Product Liability Act (Produkthaftungsgesetz), and in the event of injury to life, limb, or health. However, in the event of gross negligence on the part of non-executive vicarious agents (excluding the owner and executive employees), liability shall be limited to the foreseeable damage typical for the contract.
In cases of slight negligence, the Provider shall only be liable for the breach of essential contractual obligations that are indispensable for the execution of the contract (cardinal obligations). In such cases, liability is limited to the foreseeable damage typical for the contract and shall in no event exceed the single net order value of the affected individual order, up to a maximum total amount of EUR 25,000.00 per claim. Otherwise, liability for slight negligence—in particular for indirect damages, lost profits, and business interruptions—is completely excluded.
For the loss of data and programs in cases of slight negligence (including the breach of cardinal obligations), the Provider shall only be liable up to the amount of the typical recovery effort that would have been incurred had the Customer properly fulfilled its testing, backup, and monthly verification obligations.
Confidentiality, Data Protection, and Non-Solicitation
The contracting parties undertake to treat all confidential information and trade secrets of the respective other party obtained in the course of their cooperation as strictly confidential for an unlimited period of time.
The processing of personal data is carried out in strict compliance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG); insofar as the Provider processes personal data on behalf of the Customer, the parties shall conclude a separate Data Processing Agreement (DPA) pursuant to Art. 28 GDPR prior to the commencement of processing.
The parties mutually undertake not to actively solicit or poach any employees or engaged subcontractors of the respective other party during the term of the contract and for a period of six months after its termination.
Applicable Law, Place of Jurisdiction, and Final Provisions
Contracts shall be drafted in German. The further execution of the contractual relationship shall take place in German.
All legal relationships between the parties shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG); in addition to these GTC, the statutory provisions of the German Civil Code (BGB) and the German Commercial Code (HGB) shall apply.
The exclusive place of jurisdiction for all disputes arising out of or in connection with this contractual relationship is the registered office of the Provider.