TERMS & CONDITIONS

General Terms and Conditions

The German version of these Terms and Conditions (AGB) is legally binding. This English translation is provided for convenience only.

Last updated: March 2026

§ 1 Scope and Definitions

These General Terms and Conditions (GTC) apply to all contracts between ThreeB IT GmbH, Bergstrang 105, 49479 Ibbenbüren, Germany (hereinafter "Contractor") and its clients (hereinafter "Client") for IT services, software development, and related services.

Deviating, conflicting, or supplementary general terms and conditions of the Client shall only become part of the contract if and to the extent that the Contractor has expressly agreed to their application in writing.

§ 2 Services

The Contractor provides IT services, software development, consulting, and other services as described in the respective contract or offer. The exact scope of services is determined by the written offer or service description. The Contractor is entitled to have partial services provided by qualified subcontractors, provided that this is communicated to the Client in advance.

§ 3 Offers and Contract Formation

Offers made by the Contractor are non-binding unless expressly designated as binding. A contract is only concluded upon written order confirmation by the Contractor or upon actual commencement of service delivery.

§ 4 Pricing and Payment

Remuneration is based on the respective offer or agreed price list. All prices are exclusive of statutory VAT. Invoices are due and payable within 10 days of the invoice date without deduction, unless a different written agreement has been made.

In the event of late payment, the Contractor is entitled to charge default interest at a rate of 9 percentage points above the applicable base interest rate (§ 288(2) German Civil Code, BGB). The right to claim further damages is reserved.

§ 5 Client Cooperation Obligations

The Client is obligated to provide the Contractor with all information, access, and documents required for service delivery in a timely and complete manner. Delays resulting from insufficient cooperation by the Client entitle the Contractor to make reasonable adjustments to deadlines and prices.

§ 6 Warranty

The Contractor warrants that the services rendered comply with the contractually agreed specifications. Defects must be reported to the Contractor in writing immediately upon discovery. The Contractor has the right to remedy defects (rectification or replacement delivery). If remedy fails within a reasonable period, the Client is entitled to the statutory rights.

The warranty period is 12 months from acceptance of the service, unless a longer period is required by law.

§ 7 Liability

The Contractor is liable without limitation for damages resulting from injury to life, body, or health, as well as for intentional or grossly negligent breaches of duty and for claims under the German Product Liability Act.

In cases of slight negligence involving the breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable, contract-typical damage. Any further liability for slight negligence is excluded.

§ 8 Data Protection

For details on the processing of personal data within our business relationship, please refer to our Privacy Policy. If the performance of the contract involves the processing of the Client's personal data on behalf of the Contractor, a separate data processing agreement (DPA) will be concluded.

§ 9 Confidentiality

Both parties undertake to treat all confidential information of the other party obtained in the course of the cooperation as strictly confidential and not to disclose it to third parties. This obligation continues after the termination of the contract.

§ 10 Applicable Law and Jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from or in connection with this contract is Ibbenbüren (or the competent court in the district court area of Steinfurt), provided the Client is a merchant, a legal entity under public law, or a special fund under public law.

§ 11 Severability Clause

Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that comes as close as possible to the economic purpose of the invalid provision.