hereinafter referred to as accompio CorpTec – the T&Cs apply to the respective contractual partner from accompio CorpTec.
The following General Terms and Conditions apply to all offers, services, and deliveries of our company between this and our clients, who are entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law.
The following conditions also apply to standard software deliveries, unless otherwise agreed with the client in separate software licence and maintenance agreements.
Deviating, contradictory or supplementary terms and conditions of the client are not binding for accompio CorpTec, even if accompio CorpTec has not expressly objected to them.
The subject of the contract is the agreed service, which will be carried out by accompio CorpTec in accordance with the principles of proper professional practice within the agreed period. The selection of employees remains at the discretion of accompio CorpTec.
Accompio CorpTec is entitled to use third parties for the execution of the contract, but remains directly liable to the client at all times.
Non-limited offers from accompio CorpTec are always subject to change and are non-binding, unless expressly agreed otherwise. They constitute an invitation to the client to submit an offer for contract conclusion. Contracts are only concluded upon our written order confirmation or by execution of the order.
Accompio CorpTec reserves the ownership and copyright to the documents belonging to the offer fromaccompio CorpTec. They may not be made accessible to third parties or otherwise misused without the consent of accompio CorpTec. If the order is not placed, individually prepared documents are to be returned immediately without being requested, and in all other cases, upon request. A right of retention over these documents is excluded.
The task assignment, the procedure, and the type of deliverables are governed by the written agreements (e.g., quotation, order confirmation) between the contracting parties.
Changes, additions or extensions to the scope of work, the procedure or the type of documentation require a special written agreement.
The contracting parties are obliged to treat confidentially all information made available to them by the other party under this agreement, as well as any knowledge they acquire during this collaboration regarding the other contracting party's affairs – whether technical, commercial, or organisational in nature. They shall not exploit or utilise such information, nor disclose it to third parties, during the term of and after the termination of this agreement, without the prior written consent of the party concerned. Any use of this information shall be restricted solely to its use in connection with the performance of the agreement.
These obligations remain binding on both contracting parties even after the termination of this agreement.
CorpTec processes the personal data of individuals acting on behalf of the client for contract fulfilment and therefore for the fulfilment of all contractual and pre-contractual obligations.
The collection and processing of data is necessary for the performance of the contract and is based on Article 6(1)(b) of the GDPR. The data will be deleted as soon as it is no longer required for the purposes of the service, unless accompio CorpTec is obliged to store it under Article 6(1)(c) of the GDPR due to statutory retention or documentation obligations under tax or commercial law, or if the data subject has consented to longer data storage under Article 6(1)(a) of the GDPR. Personal data will not be transferred to third parties for reasons other than fulfilling the contract. For licence orders of third-party software by the client, the client agrees that accompio CorpTec may transfer company and personal data of the client (name, address, contact details) and of persons acting on their behalf to the licensor, insofar as this is required by the licensor.
The data subject is entitled to receive information about the personal data that accompio CorpTec stores in accordance with Art. 15 GDPR. Furthermore, the data subject may at any time and without giving reasons inspect their data and, if necessary, request the rectification pursuant to Art. 16 GDPR and/or the erasure pursuant to Art. 17 GDPR and/or the restriction of the processing of their personal data pursuant to Art. 18 GDPR. The data subject may also exercise their right to data portability pursuant to Art. 20 GDPR and/or their right to object pursuant to Art. 21 GDPR, and/or revoke consent previously given for the use of your data at any time and without giving reasons. In addition, the data subject has the right to lodge a complaint with a supervisory authority in accordance with Art. 77 GDPR.
Further information on data protection can be found on the homepage www.accompio.com/privacy-policy/ available.
For questions regarding data protection, data subjects can contact accompio CorpTec at any time.
CorpTec accompanies is prepared to sign additional letters of undertaking at the client’s request.
The client undertakes to support the activities of accompio CorpTec. In particular, the client shall, free of charge, create all conditions within their sphere of operations that are necessary for the proper execution of the order. Such conditions include, among others, that the client
The client warrants that the reports, organisational plans, drafts, drawings, statements and calculations produced by accompio CorpTec within the scope of the contract shall be used solely for their purposes.
If the client fails to provide a necessary act of cooperation, or provides it not in time or not in the agreed manner, then the resulting consequences (e.g. delays, additional expenditure) shall be borne by the client.
Force majeure events, in particular strike, lockout, war, shortage of raw materials and energy, riot, fire, flood, explosion, industrial dispute or strike, official or government actions, hacker attacks, interruption of power supply or data transmission, or disruptions to the data transmission network and its facilities, pandemics, operational and traffic disruptions not attributable to accompio CorpTec, shall suspend the parties' contractual obligations for the duration of the disruption and to the extent of its effect, including where they make the performance of the business in question uneconomical in the foreseeable future. This shall also apply if one of the above-mentioned force majeure events occurs at suppliers of accompio CorpTec and no alternative supply is available or only on unreasonable terms.
If the resulting delays exceed a period of six weeks, both contracting parties shall be entitled to withdraw from the contract with regard to the scope of performance affected.
Claims for damages by the client are excluded in cases of force majeure.
The accompio CorpTec is obliged to carefully perform the contractually assumed services in accordance with the principles of proper professional practice.
The client is obligated to inspect services from accompio CorpTec for defects and to notify accompio CorpTec in writing of any defects if it concerns a purchased item. Failure to comply with the notification period shall be deemed as approval of the purchased item. Notification of obvious defects is timely if it is received by accompio CorpTec within 7 calendar days of delivery or acceptance of the work; notification of hidden defects is timely if it is also received by accompio CorpTec within 7 calendar days of their discovery.
In the event of a defect in the item purchased or the work performed, accompio CorpTec shall, at its own discretion, rectify the defect or supply a new item or perform new work.
The client must grant accompio CorpTec an appropriate period for supplementary performance. In particular, they must ensure that the goods purchased or work objected to are made available to accompio CorpTec or its authorised representatives for inspection and the carrying out of supplementary performance. accompio CorpTec shall not be liable for defects arising from unsuitable or improper use or handling of the goods purchased or work by the client or third parties.
If subsequent performance is not possible or has finally failed, or if it is unreasonably delayed, the client may demand a reduction. The client may withdraw from the contract if no agreement on the reduction is reached between the contracting parties. Withdrawal requires a reasonable deadline to be set with a threat of refusal.
Public statements, inducements, or advertising claims by accompio CorpTec do not constitute a contractual representation of quality.
Claims for defects expire after 1 year for material defects from delivery, and after 1 year for work defects from acceptance. The short limitation period does not apply in cases of gross negligence or wilful misconduct on the part of accompio CorpTec, nor in cases of injury or death to persons for which accompio CorpTec is responsible, or in cases of liability under the Product Liability Act.
The principal can only assert claims for damages due to a defect under the following conditions if a possible subsequent performance has failed or accompio CorpTec has refused subsequent performance. The principal's right to assert further claims for damages under the following conditions shall remain unaffected.
Subject to the foregoing provisions of Clause 7 and the subsequent limitations of liability, accompio CorpTec shall be liable without limitation for damage to life, body and health resulting from a negligent or intentional breach of duty by accompio CorpTec, its legal representatives, or vicarious agents, as well as for damages due to data protection violations and damages covered by liability under the Product Liability Act, as well as for damages resulting from intentional or grossly negligent breaches of duty, fraud or the assumption of an independent guarantee by accompio CorpTec.
Furthermore, accompio CorpTec is also liable for damages caused by simple negligence, provided that this negligence concerns the breach of contractual obligations which make the proper execution of the contract possible in the first place and on whose observance the contracting party regularly relies and may rely (so-called cardinal obligations, such as the defect-free performance or delivery of the item). However, accompio CorpTec shall only be liable to the extent that the damages are typically associated with the contract and foreseeable, limited to an amount of €250,000 per claim or €500,000 per year.
accompio CorpTec shall not be liable for simple, negligent breaches of non-essential contractual obligations. The limitations of liability contained in the preceding sentences shall also apply to the extent that accompio CorpTec is liable for its legal representatives, senior employees, and other vicarious agents.
Further liability is excluded irrespective of the legal nature of the claim being asserted. To the extent that liability is excluded and limited by accompio CorpTec, this also applies to the personal liability of its employees, workers, agents, and vicarious agents.
Performance dates and deadlines are non-binding, unless they have been specifically set or acknowledged as binding in the offer or order confirmation of accompio CorpTec. If a delivery deadline is non-binding, a grace period of 14 days will commence after a separate written request from the customer. accompio CorpTec will be in default after the fruitless expiry of this period.
Performance periods shall commence only once the parties have agreed on all details of the contract.
Extension periods are agreed in writing by mutual consent.
Should the customer's economic situation significantly worsen after the contract has been concluded, or if it becomes apparent to accompio CorpTec after the contract has been concluded that the customer's entitlement to performance is jeopardised by their lack of ability to perform, accompio CorpTec shall be entitled to refuse performance and to change the agreed payment terms for further deliveries or services within the entire business relationship with the customer to payment in advance, and to make existing claims immediately due and payable, deviating from the individually agreed payment terms. A significant worsening of the customer's economic situation shall be assumed in particular to the extent and for as long as a trade credit insurer predominantly or completely rejects cover for the customer's claims.
If the client defaults on acceptance of performance, or fails to perform or delays performance of any co-operation obligation incumbent upon them under Clause 5 or otherwise, accompio CorpTec may withdraw from the contract and claim damages after setting a reasonable grace period.
The claims of accompio CorpTec for reimbursement of additional expenses incurred and other damages remain unaffected.
Copyright: The client may only use the results of all services (works) provided by accompio CorpTec for their own operational purposes. Upon payment of the fee, the client acquires a non-transferable right of use to the works of accompio CorpTec. Reproduction, distribution, exhibition, public performance and modification of the works by accompio CorpTec are not permitted without prior written consent from accompio CorpTec.
Retention of Title: accompio CorpTec retains ownership of all goods supplied by accompio CorpTec until full payment or fulfilment of all claims arising from the business relationship of the aforementioned accompio CorpTec companies. The retention of title remains in place until all claims, including future and conditional claims, arising from the business relationship between accompio CorpTec and the client have been settled.
Die accompio CorpTec is entitled to assert the retention of title rights without rescinding the contract at the same time.
The contract shall terminate upon the expiry of the agreed period or the fulfilment of the agreed service.
The client or accompio CorpTec may terminate the contract prematurely only for good cause and with immediate effect.
If the contractual relationship is terminated prematurely, accompio CorpTec is entitled to remuneration for the work performed up to that point.
If the premature termination of the contractual relationship is the Client's responsibility, accompio CorpTec shall receive 50 % of the fee agreed upon for the services not yet rendered, in addition to the remuneration for the work performed, provided the Client does not prove a lower level of damage. The assertion of higher damages remains reserved.
All remuneration for services to be billed by time shall be based on an eight-hour day with five working days per week. Travel time shall be considered working time at 50% %.
The client bears, unless expressly stated otherwise in the offer or order confirmation from accompio CorpTec:
For services to be billed according to time expenditure, accompio CorpTec shall issue interim invoices monthly, unless otherwise agreed in individual cases.
For fixed-price orders, accompio CorpTec will issue an invoice for 50 % of the order value upon conclusion of the contract. After project completion, the remaining 50 % will be invoiced. For projects with a long duration and phased breakdown, milestone-based invoicing can also be agreed upon.
The following surcharges will be applied to the prevailing prices for night, weekend and public holiday work:
A cumulative application of two bonuses only occurs with the night work bonus when combined with another of the aforementioned bonuses, provided that the night work itself qualifies for the calculation of two bonuses.
If several surcharges apply to night work, the night work surcharge is cumulated with the higher surcharge in each case.
Activities commissioned with a required response time of under four hours within our operating hours, and for which no Service Level Agreement (SLA) has been agreed, will be charged an additional fee (rescue flat rate) of 50 % on top of the applicable prices.
Irrespective of the duration of use, a minimum charge of EUR 500.00 net plus the statutory VAT will be invoiced in any case.
On weekends and public holidays, the Rescue flat rate is charged per deployment, regardless of the response time.
In addition, there are the surcharges for night, weekend and public holiday work.
Invoices are payable strictly net within 30 days of receipt without deduction.
All remuneration and other invoiced amounts (e.g. travel expenses, subsistence, ancillary costs etc.) are exclusive of statutory value added tax.
A right of retention can only be exercised by the client if their counterclaim is based on the same contractual relationship. Should individual items on an invoice be disputed, this does not affect the payment obligation for the undisputed items.
The client shall be in default of payment automatically 30 days after receipt of the invoice. From this point onwards, interest at a rate of 9 percentage points above the basic interest rate is payable, provided the client is not a consumer. In the event of default on a payment claim, the client shall also owe a flat-rate compensation of €40.00. This also applies if the client is in default with an instalment payment or any other instalment. The flat-rate amount of €40.00 shall be offset against any compensation owed, to the extent that the damage consists of costs for legal action. accompio CorpTec reserves the right to claim further damages caused by default exceeding this amount.
The price is the current price quoted by accompio CorpTec at the time of the order. Should a significant change in the costs that are decisive for the price calculation, i.e. material and manufacturing costs, energy costs, transport costs, wages owed under collective agreements, taxes and other duties, or exchange rate fluctuations, exchange rate regulations or customs changes occur between the order and delivery/service, accompio CorpTec is entitled, at its reasonable discretion, to adjust the agreed price accordingly, taking due account of the interests of the customer, after timely notification of the customer and before the delivery/service is carried out. Any increases in one type of cost may only be used by accompio CorpTec for a price increase to the extent that they are not offset by any declining costs in other types of costs. In the event of cost reductions, the costs shall be reduced insofar as these cost reductions are not fully or partially offset by increases in other areas. accompio CorpTec shall select the respective points in time of a price change in such a way that cost reductions are not taken into account according to more unfavourable standards for the customer than cost increases, so that cost reductions are effective at least to the same extent as cost increases. Insofar as deliveries/services are not provided by accompio CorpTec within the framework of a continuing obligation, accompio CorpTec shall be entitled to adjust prices for the first time four months after conclusion of the contract. In the event of a price increase of more than 10%, the customer has the option of cancelling the contract with a notice period of 14 days, unless the price adjustment was agreed when the order was placed. In the event of cancellation of the contract by the customer, the previous prices shall continue to apply until the end of the contract. The provisions of Section 315 BGB remain unaffected, in particular the possibility of a judicial review of the fairness of the price adjustment in accordance with Section 315 (3) BGB.
The client and also accompio CorpTec undertake to be mutually loyal. In particular, the hiring or other employment of employees or former employees of the respective other contracting party who were active in connection with the execution of the order is to be refrained from before the expiry of 12 months after the termination of the order.
The current law of the Federal Republic of Germany shall apply exclusively, with the exception of the conflict-of-law rules of private international law. The application of the United Nations Convention of 11 April 1980 on Contracts for the International Sale of Goods (CISG – „Vienna Sales Convention“) is excluded.
In the event of any disputes arising from the contractual relationship – including disputes concerning bills of exchange and cheques – if the client is a merchant, a legal entity under public law, or a special fund under public law, legal action shall be brought before the court responsible for the registered office of accompio CorpTec. accompio CorpTec is also entitled to bring legal action at the client's registered office.
Unless otherwise agreed, the place of performance is the registered office of accompio CorpTec.
Where these General Terms and Conditions require declarations to be made in writing, compliance with the written form requirement shall be satisfied by sending the declarations signed by the respective party in text form in accordance with § 126b German Civil Code (BGB), i.e. by fax, e-mail or in writing to the fax number, e-mail address or postal address communicated by the respective other party for these purposes.
As of: 19.03.2025
accompio CorpTec GmbH
Grimsehlstraße 23
37574 Einbeck
Tel.: 05561 / 922-0
Fax: 05561 / 922-500
