General Terms and Conditions (GTC)

§ 1 Scope of Application

(1) These General Terms and Conditions (hereinafter 'GTC') apply to all business relationships between THE BARK (hereinafter 'Provider') and the customer (hereinafter 'Client'), unless otherwise expressly agreed.

(2) Deviating, conflicting or supplementary terms and conditions of the Client shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity in writing.

(3) These GTC also apply to all future business with the Client without the Provider needing to refer to them again.

§ 2 Subject of the Contract

(1) The Provider delivers services in the areas of software development, artificial intelligence, automation, and digital consulting. The specific scope of services is determined by the respective offer or service description.

(2) Changes to the scope of services require a written agreement between both parties (Change Request).

§ 3 Offers and Conclusion of Contract

(1) Offers by the Provider are non-binding and without obligation, unless they are expressly marked as binding.

(2) The contract is only concluded upon written order confirmation by the Provider or upon commencement of service delivery.

§ 4 Service Delivery

(1) The Provider delivers its services in accordance with the principles of proper professional practice and using the agreed methods and technologies.

(2) Delivery dates and deadlines are only binding if they have been expressly agreed as such. Delays caused by insufficient or late cooperation by the Client shall not be at the expense of the Provider.

(3) The Client is obliged to cooperate appropriately, in particular to provide information, data and access in a timely manner.

§ 5 Remuneration and Payment

(1) Remuneration is based on the respective offer. All prices are exclusive of statutory VAT.

(2) Invoices are payable within 14 days of the invoice date without deduction, unless otherwise agreed.

(3) In the event of late payment, the Provider is entitled to charge default interest of 9 percentage points above the base interest rate (§ 288 (2) BGB).

§ 6 Usage Rights and Intellectual Property

(1) Upon full payment, the Client receives a simple, temporally unlimited right of use to the contractually agreed work results, unless otherwise agreed.

(2) Pre-existing rights, general methods, frameworks, and reusable components of the Provider remain the property of the Provider.

§ 7 Warranty

(1) The Provider warrants that the services rendered meet the agreed requirements.

(2) The Client must report defects immediately, but no later than within 14 days of acceptance, in writing. The warranty period is 12 months from acceptance.

(3) The Provider has the right to supplementary performance. If supplementary performance fails after two attempts, the Client may reduce the remuneration or withdraw from the contract.

§ 8 Liability

(1) The Provider is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.

(2) In cases of slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the foreseeable, contract-typical damage.

(3) Liability for indirect damages, in particular lost profits, is excluded in cases of slight negligence.

§ 9 Confidentiality

Both parties undertake to keep confidential all confidential information obtained during the collaboration and not to disclose it to third parties. This obligation continues after termination of the contractual relationship.

§ 10 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of jurisdiction for all disputes arising from this contractual relationship is, to the extent legally permissible, Oberhausen.

(3) Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected.