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Terms

Version July 7, 2012

§ 1 Area and Scope of Application
(1) The General Terms and Conditions are an integral part of service contracts covering expert consultancy offered to clients by Volker Bergmann IT Consulting (hereinafter Bergmann IT). Relevant is the version which was valid at the time of conclusion of contract.
(2) The General Terms and Conditions shall be also effective when their application has not been expressly pointed out.
(3) Opposing Terms and Conditions of the client are only then legally binding when they have been confirmed and signed by a person authorized by Bergmann IT.
(4) Should any of these General Terms and Conditions become inoperative, the effectiveness of the remaining terms will not be affected.

§ 2 Scope of the Consultancy Order
(1) The scope of the consultancy order is to be agreed on contractually
(2) Bergmann IT has the right to call upon either expert staff of his firm, self-employed professionals or specialized associates (either entirely or in part) to carry out the project.

§3 Client's Obligation to inform
(1) It is the responsibility of the client to ensure that, when the consultancy is carried out on his business premises, the organizational circumstances are such that the consultancy may be expeditiously carried out there with as little disturbance as possible.
(2) The relationship of trust between the client and Bergmann IT requires that the consultant be fully informed about previously performed and/or current consultancies, including such in other fields.
(3) It is the responsibility of the client to ensure that all documents needed for the performance and completion of the order are made available to Bergmann IT on a timely basis without having to be specifically requested, and, further, that the consultant be informed of all occurrences and circumstances that are of significance to the implementation of the order. This also applies to all documents, events and circumstances that first emerge during the consultancy period.

§ 4 Safeguarding of Independence
(1) The partners to the agreement are obligated to reciprocal loyalty.
(2) The partners to the agreement are each responsible to the other to make all appropriate arrangements to avert threat to the independence of any cooperating professionals or employees of Bergmann IT.

§ 5 Reports
(1) Bergmann IT agrees to provide written reports about the progress of his work, that of his employees and that of any associated professionals.
(2) The client and Bergmann IT agree that for the consultancy order, either (a) periodic reports in keeping with the progress of the work or (b) a final report [choose one], are/is herewith arranged. (3) The client will receive the final report within an appropriate period of time (2-4 weeks, in accordance with the form of consultancy agreement) after completion of the order.

§ 6 Protection of Bergmann ITŐs Intellectual Property / Copyrights / Use
(1) Bergmann IT retains the copyright to his products (offers, reports, analyses, expert opinions, organizational plans, programs, performance reports, drafts, computations, drawings, data carriers and the like) produced in connection with the consultancy order by Bergmann IT, his staff, and associated professionals. The client has the right to use the products, even after payment for them, only for his own purposes and only to the extent agreed in the contract.
(2) The written permission of Bergmann IT must be obtained before any of his professional products, of whatever nature, can be made available to third parties, either for payment or free of charge. Such permission does not establish liability on the part of the consultant toward the third party.
(3) Should any of these products nonetheless be made available to others, in case also of dissolution or bankruptcy of the firm, as well as during temporary provision for purposes of reproduction, the right to claim damages results. In such cases, Bergmann IT is entitled to complete satisfaction.

§ 7 Correction of Deficiencies and Warranty
(1) Bergmann IT is entitled and obligated to correct errors and deficiencies in his consultancy services that subsequently become known to him. He is obligated to immediately inform the client thereof.
(2) The client is entitled to cost-free correction of deficiencies, insofar as Bergmann IT is responsible for them. This right ends six months after the work subsequently found faulty has been delivered (final report) by Bergmann IT.

§ 8 Liability
(1) It is understood that Bergmann IT and his staff perform their consultancy services in accordance with generally accepted principles of professional practice. Bergmann IT is liable for damages only when intent or gross negligence can be proven in the framework of statutory regulations. This applies also to violation of the obligations by associated professionals.
(2) Claims for damages can be enforced only up to 6 months after the rightful claimant(s) has (have) become aware of the damage, or at the latest 3 years after the event giving rise to the claim.
(3) Reversing the burden of proof, i.e., requiring Bergmann IT to prove that he is innocent of a deficiency, is ruled out.
(4) If the work of the consultant is carried out with the participation of a third party, e.g., a data processing firm, a trustee, or a lawyer, and the client is informed thereof, then the rights to any warranty and liability claims against the third party are transferred to the client, in conformity with the law and the third partyŐs terms and conditions of doing business.

§ 9 Obligation to Maintain Confidentiality
(1) Bergmann IT, his staff, and any associated professionals pledge themselves to secrecy about all matters that come to their attention in connection with their work for the client. This obligation is both toward the client and toward the business connections of the client.
(2) Only the client himself, and not his agent, can release Bergmann IT from the obligation to maintain strictest confidentiality, which release must be in writing.
(3) Bergmann IT may distribute to third parties reports, expert opinions, and other written statements about the results of his work only with the permission of the client.
(4) The obligation to maintain confidentiality on the part of Bergmann IT, his staff and any associated professionals is also valid after the conclusion of the order. The exceptions are cases in which there is a legal obligation to disclose information.
(5) Bergmann IT is authorized to process personal data entrusted to him within the framework of the purposes of the consultancy order, or to allow these data to be processed by others. Bergmann IT guarantees the obligation to maintain data confidentiality in accordance with the provisions of the data protection law. Materials provided to Bergmann IT (data carriers, data, reference figures, analyses, programs, etc.) as well as all results arising from the performance of the work are on principle to be returned to the client.

§ 10 Claim for Fee for Service
(1) Bergmann IT has the right to claim payment by the client of an appropriate fee in consideration of the performance of his consultancy services.
(2) If the performance of the order is prevented by the client after the contract has been signed (e.g., because of cancellation), Bergmann IT is nonetheless entitled to the agreed-upon fee.
(3) Bergmann IT can make the completion of his services dependent on the complete satisfaction of his fee claims. Complaints about the work of Bergmann IT do not justify, other than in the case of obvious deficiencies, non-payment of the remuneration to which he is entitled.

§ 11 Applicable Law, Place of Performance, Jurisdiction
(1) Insofar as no other agreement has been made, only German law applies to the order, its performance, and the resulting rights to claims.
(2) The place of performance is Rosenheim in Oberbayern, Germany.
(3) In case of disputes, the courts in Rosenheim shall have jurisdiction.

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