This is a working English translation provided for convenience. The German version (AGB) is the legally binding version and prevails in case of any discrepancy.
for the provision of services by Kevin Ebner, SkillSync, Rottweiler Straße 25, 78661 Dietingen, Germany, E-Mail: skillsync.inbox@gmail.com (hereinafter "Contractor") to its customers (hereinafter "Client")
1.1 These General Terms and Conditions ("Terms") for the provision of services apply to contracts concluded between the Client and the Contractor that incorporate these Terms.
1.2 Where, in addition to these Terms, further contractual documents or other terms and conditions in text or written form have become part of the contract, the provisions of those further contractual documents shall prevail over these Terms in the event of a conflict.
1.3 The Contractor does not recognize terms and conditions of the Client that deviate from these Terms, unless expressly agreed to.
2.1 As an independent business, the Contractor provides the Client with the following services: making the SkillSync software available as a paid subscription (monthly usage license) for download, including automatic updates during the contract term. Sale and payment processing are handled by our reseller, Lemon Squeezy, Inc.
2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.
2.3 The Contractor shall perform the contractually owed services with the greatest possible care and diligence, in accordance with the latest standards, rules, and findings.
2.4 The Contractor is obliged to render the contractually owed services. In carrying out this activity, however, the Contractor is not subject to any instructions regarding the manner, place, or time of performance. The Contractor will, however, organize working days and hours in a way that achieves optimal efficiency in performing the activity and realizing the subject matter of the contract. Performance by the Contractor takes place only in consultation and coordination with the Client.
It is the Client's responsibility to provide, completely and correctly, any information, data, and other content required for the performance of the services. The Contractor shall not be held responsible in any way for delays in performance caused by the Client's late or necessary cooperation or contribution; the provisions under the heading "Liability / Indemnification" remain unaffected by this.
4.1 Remuneration is agreed individually by contract.
4.2 Remuneration is payable after the services have been rendered. If remuneration is calculated by time period, it is payable after the end of each respective period (§ 614 BGB). For time-and-materials billing, the Contractor is entitled, unless otherwise agreed, to invoice the services rendered on a monthly basis.
4.3 After rendering the services, the Contractor shall issue the Client an invoice by post or e-mail (e.g. as a PDF). Payment is due within 14 days of receipt of the invoice.
5.1 The Contractor is liable without limitation, on any legal basis, for intent or gross negligence, for intentional or negligent injury to life, body, or health, under any given warranty promise (unless otherwise agreed in this regard), or under mandatory statutory liability. If the Contractor negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability applies under the preceding sentence. Material contractual obligations are those obligations which the contract imposes on the Contractor according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper performance of the contract possible in the first place, and on whose observance the customer may regularly rely. Otherwise, liability of the Contractor is excluded. The foregoing liability provisions also apply with respect to the Contractor's liability for its vicarious agents and legal representatives.
5.2 The Client shall indemnify the Contractor against any third-party claims asserted against the Contractor due to the customer's violations of these contractual terms or of applicable law.
6.1 The parties agree individually on the contract term and the notice periods for ordinary termination.
6.2 The right of either party to terminate for good cause without notice remains unaffected.
6.3 After termination of the contract, the Contractor shall promptly return or destroy, at the customer's choice, all documents and other content provided to it. Any right of retention in this regard is excluded. Electronic data must be completely deleted. Excepted from this are documents and data subject to a longer statutory retention obligation, but only until the end of the respective retention period. Upon the company's request, the Contractor shall confirm the deletion in writing.
7.1 The Contractor shall treat all matters that come to its knowledge in connection with the engagement as strictly confidential. The Contractor undertakes to impose this confidentiality obligation on all employees and/or third parties who have access to the information relating to the contract. The confidentiality obligation applies for an unlimited period beyond the duration of this contract.
7.2 The Contractor undertakes to comply with all applicable data protection regulations when carrying out the engagement — in particular the provisions of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
8.1 The law of the Federal Republic of Germany applies, excluding the CISG (United Nations Convention on Contracts for the International Sale of Goods).
8.2 Should any provision of these Terms be or become invalid, the validity of the remaining Terms shall not be affected.
8.3 The Client shall support the Contractor in the performance of its contractual services through reasonable cooperation, to the extent necessary. In particular, the Client shall provide the Contractor with the information and data required to fulfill the engagement.
8.4 If the Client is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany, the parties agree that the Contractor's place of business shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.
8.5 The Contractor is entitled to amend these Terms for objectively justified reasons (e.g. changes in case law, statutory provisions, market conditions, or business/corporate strategy), subject to reasonable notice. Existing customers will be notified of this by e-mail no later than two weeks before the amendment takes effect. If the existing customer does not object within the period specified in the notice of amendment, their consent to the amendment is deemed given. If they object, the amendments shall not take effect; in this case, the Contractor is entitled to terminate the contract for cause as of the date the amendment would have taken effect. The notice of the intended amendment to these Terms will indicate the period and the consequences of an objection or the failure to object.
The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board. Our e-mail address can be found in the heading of these Terms.
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