Legal notice: This English version is provided for informational purposes only. The legally binding version of these Terms and Conditions is exclusively the German version (“Allgemeine Geschäftsbedingungen”).
for the provision of services by KFJP Web & IT UG (haftungsbeschränkt), Goerzallee 305D, 14167 Berlin, Germany, E-mail: mail@kfjp.de (hereinafter referred to as the “Contractor”) vis-à-vis its customers (hereinafter referred to as the “Client”).
1.1 These Terms and Conditions apply to all contracts for services concluded between the Client and the Contractor, including these Terms and Conditions.
1.2 The Contractor is entitled to engage subcontractors in its own name and at its own expense. The Contractor remains the sole contractual partner of the Client. The use of subcontractors shall not take place if it is apparent that such use would conflict with the legitimate interests of the Client.
1.3 If additional contractual documents or other terms become part of the contract, their provisions shall prevail over these Terms and Conditions in the event of any conflict.
1.4 Any deviating terms and conditions used by the Client shall not be recognized unless expressly agreed to by the Contractor.
2.1 The Contractor provides the following services as an independent contractor:
Provision of cloud-based software solutions (Software-as-a-Service) for businesses and private customers, including operation, maintenance, updates, and support, as well as consulting and support services in the fields of digitalization, IT architecture, and process optimization.
2.2 The specific scope of services shall be defined in individual agreements between the Contractor and the Client.
2.3 The Contractor shall perform the contractual services with the greatest possible care and diligence in accordance with the latest standards and professional knowledge.
2.4 The Contractor is not subject to instructions regarding the manner, place, or time of service performance, but shall coordinate with the Client to ensure optimal efficiency and fulfillment of the contract.
The Client shall provide all information, data, and content required for the performance of the services in a complete and correct manner. The Contractor shall not be liable for delays caused by missing or delayed cooperation by the Client; provisions on liability remain unaffected.
4.1 Remuneration shall be agreed individually.
4.2 Remuneration is due after services have been rendered. Where remuneration is calculated based on time periods, it shall be payable after each period (§ 614 German Civil Code). Expense-based services may be invoiced monthly.
4.3 Invoices shall be issued electronically or by post and are payable within 14 days of receipt.
5.1 The Contractor shall be liable without limitation in cases of intent or gross negligence, injury to life, body or health, mandatory liability, or guaranteed performance. In cases of negligent breach of material contractual obligations, liability shall be limited to foreseeable, typical damages. Otherwise, liability is excluded.
5.2 The Client shall indemnify the Contractor against all third-party claims resulting from violations of these Terms or applicable law by the Client.
6.1 Contract duration and ordinary termination periods shall be agreed individually.
6.2 The right to terminate for cause without notice remains unaffected.
6.3 Upon termination, all documents and data shall be returned or deleted at the Client’s choice, subject to statutory retention obligations.
7.1 The Contractor shall treat all information obtained in connection with the contract as strictly confidential. This obligation shall continue beyond termination of the contract.
7.2 The Contractor shall comply with all applicable data protection laws, in particular the GDPR and the German Federal Data Protection Act.
8.1 German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
8.2 Should any provision be invalid, the remaining provisions shall remain unaffected.
8.4 If the Client is a merchant or has no general place of jurisdiction in Germany, the Contractor’s registered seat shall be the place of jurisdiction.
The EU Commission provides a platform for online dispute resolution:https://ec.europa.eu/consumers/odr
The Contractor is neither willing nor obliged to participate in consumer dispute resolution proceedings.
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