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Terms
Updated: 17.08.2024
1. Scope
These General Terms and Conditions (GTC) apply to all services and offers of ProjeXs, represented by Daniela Franzen, and are aimed at companies, organizations and individuals who wish to use consulting, project management, program management and interim management services.
These terms and conditions apply exclusively. Any deviating, conflicting or supplementary terms and conditions of the customer will only become part of the contract if their validity has been expressly agreed to in writing.
2. Service description
The exact scope and type of services to be provided are individually defined in a separate contract between ProjeXs and the customer. This contractual agreement specifies the services presented within the framework of these General Terms and Conditions and contains specific provisions on the agreed services, dates, remuneration and other details. Changes or additions to the scope of services require a written agreement.
3. Confidentiality
ProjeXs undertakes to treat all information obtained from the customer during the collaboration as strictly confidential. This obligation of confidentiality applies both during the term of the contract and after its termination. Confidential information may only be passed on to third parties with the express written consent of the customer, unless there is a legal obligation to disclose it.
ProjeXs takes appropriate technical and organizational measures to ensure the confidentiality of the information transmitted and to ensure protection against unauthorized access.
4. Liability
4.1 Liability for intent and gross negligence:
ProjeXs is fully liable for damages caused by intentional or grossly negligent conduct on the part of ProjeXs, its legal representatives or vicarious agents.
4.2 Liability for simple negligence:
In the case of simple negligence, ProjeXs is only liable for damages resulting from the violation of essential contractual obligations (so-called cardinal obligations), i.e. obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely. In this case, ProjeXs' liability is limited to the foreseeable damage typical for the contract.
4.3 Maximum liability limit:
In any case, ProjeXs' liability is limited to the amount of the respective order volume. Liability for indirect damages, in particular loss of profit or loss of data, is excluded unless ProjeXs caused these damages intentionally or through gross negligence.
4.4 Exclusion of warranties:
ProjeXs does not guarantee the success of the measures implemented unless this has been expressly assured in writing.
5. Data Protection
ProjeXs is committed to complying with the General Data Protection Regulation (GDPR) and other applicable data protection regulations. Customers' personal data is collected, processed and used exclusively to fulfill contractual obligations or on the basis of the customer's consent.
Customers have the right at any time to request information about the personal data stored by ProjeXs, to request the correction of incorrect data and to request the deletion or restriction of processing, provided that this does not conflict with any statutory retention periods. Further details on the handling of personal data are described in ProjeXs' privacy policy, which can be viewed on the website.
6. Remuneration and payment terms
The remuneration for the services provided is regulated in the individual contract. All prices are exclusive of VAT, unless otherwise stated. Invoices are payable within 14 days of the invoice date without deductions, unless different payment terms have been agreed.
In the event of late payment, ProjeXs is entitled to charge default interest at a rate of 9 percentage points above the base interest rate per annum. The right to claim further damages for late payment remains reserved.
7. Final provisions
These terms and conditions may be changed by ProjeXs at any time. The current version of the terms and conditions can be viewed on the ProjeXs website. The law of the Federal Republic of Germany applies. Should individual provisions of these terms and conditions be invalid, the validity of the remaining provisions remains unaffected.
7. Place of jurisdiction and applicable law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent legally permissible, the registered office of ProjeXs, Buchholz id Nordheide.
This regulation also applies if the customer is based abroad or moves abroad after the conclusion of the contract.
8. Change Terms
8.1 Changes to the Terms and Conditions:
ProjeXs reserves the right to change these terms and conditions at any time if this is necessary for legal or economic reasons. Changes to the terms and conditions will be communicated to the customer in good time. The current version of the terms and conditions can be found on the ProjeXs website. If the customer does not object to the changed terms and conditions within 14 days of receiving notification of the change, the changes are deemed to have been accepted.
8.2 Severability Clause:
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provisions shall be replaced by the statutory provisions, if applicable.