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Terms & Conditions - Digitus Consulting

1. Company Information


Digitus Consulting GmbH
Wallbergweg 1,
85551 Kirchheim bei München,
Germany

Phone: +49 (0)89 9430 3715
Email: Info at digitusconsulting dot com
Website: Digitus Consulting GmbH

Managing Director: David Coletta
Commercial Register: HRB 204917
VAT ID: DE289082329



2. Scope of Application


These Terms and Conditions apply to all contracts, services, and offers provided by Digitus Consulting GmbH (“Digitus Consulting GmbH”, “we”, “us”) related to IT services and IT solutions, unless otherwise agreed in writing.

Conflicting or deviating terms of the customer shall not apply unless expressly accepted in writing by Digitus Consulting GmbH.



3. Services


Digitus Consulting GmbH provides professional IT services and solutions, including but not limited to:

  • IT Consulting
  • Software Development
  • System Integration
  • Cloud and Infrastructure Services
  • IT support and Maintenance
  • Digital Transformation Services

The exact scope of services is defined in individual contracts, proposals, or service descriptions.



4. Conclusion of Contract


A contract is concluded when:

  • the customer accepts a written offer from Digitus Consulting GmbH, or
  • Digitus Consulting GmbH confirms an order in writing, or
  • Digitus Consulting GmbH begins providing the agreed services.

Offers are non-binding unless expressly stated otherwise.



5. Prices and Payment Terms



  • All prices are stated net of VAT, unless explicitly stated otherwise.
  • Invoices are payable within 14 days from the invoice date without deduction.
  • Digitus Consulting GmbH reserves the right to request advance payments.
  • In case of late payment, statutory interest and reminder fees may apply.


6. Customer Obligations


The customer agrees to:

  • provide all necessary information, data, and access required for service delivery in a timely manner;
  • ensure that provided content does not violate applicable laws or third-party rights;
  • cooperate adequately to avoid delays or additional costs.


Delays caused by missing cooperation may lead to adjusted timelines and additional charges.


7. Intellectual Property Rights


All intellectual property rights to concepts, software, documentation, and deliverables remain with Digitus Consulting GmbH unless explicitly transferred in writing.

The customer receives a non-exclusive, non-transferable right of use for the agreed purpose after full payment.



8. Warranty and Defects


Digitus Consulting GmbH warrants that services will be provided with reasonable care and professional standards.

Defects must be reported in writing without undue delay. Digitus Consulting shall, at its discretion, remedy defects through correction or replacement.



9. Liability


Digitus Consulting GmbH shall be liable without limitation for intent and gross negligence, for injury to life, body, or health, and in accordance with mandatory statutory provisions.

For slight negligence, liability is limited to foreseeable damages typical for the contract. Liability for lost profits, data loss, or indirect damages is excluded unless caused by gross negligence or intent.

The customer is responsible for regular data backups.



10. Confidentiality


Both parties agree to treat all confidential information obtained during the business relationship as confidential and not to disclose it to third parties without prior written consent.

This obligation survives the termination of the contract.



11. Data Protection


Digitus Consulting GmbH processes personal data in accordance with applicable data protection laws, including the GDPR. Further details are provided in our Privacy Policy.



12. Term and Termination


Contracts may be terminated in accordance with the agreed terms or statutory provisions.

The right to extraordinary termination for good cause remains unaffected.



13. Force Majeure


Digitus Consulting GmbH shall not be liable for failure or delay caused by events beyond reasonable control, including natural disasters, strikes, pandemics, or governmental actions.



14. Governing Law and Jurisdiction


These Terms and Conditions are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Place of jurisdiction, if legally permissible, is the registered office of Digitus Consulting GmbH.



15. Final Provisions


If any provision of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall remain unaffected.

Amendments and additions must be made in writing.