Terms and Conditions
Provider:
Resultart GmbH
Behringstraße 28a
22765 Hamburg
Deutschland (‘resultart’, ‘we’)
E-Mail: compliance@resultart.com
VAT ID No.: DE316431669
HRB 150051 (Hamburg Local Court)
These General Terms and Conditions apply to all services provided by resultart to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (‘Customer’, ‘you’).
1. Scope of application
(1) These General Terms and Conditions and the respective offer/service document apply exclusively.
(2) Deviating terms and conditions of the customer shall only apply if we expressly accept them in writing.
2. Contract conclusion
A contract is concluded upon acceptance of our offer in writing, upon confirmation of an order or upon commencement of service provision.
3. Services (service contract) and definition of terms
(1) resultart provides services in the field of decision architecture, in particular checks, sprints, workshops, advisory services, analyses and the provision of decision-making and control artefacts.
(2) Unless expressly agreed as work performance, our services are services. No specific success is owed.
(3) resultart uses terms such as ‘architecture’, ‘decision architecture’ or ‘system architecture’ exclusively in a figurative, strategic sense. resultart does not provide any construction planning/HOAI services, structural engineering or building law consulting, and does not act as a building architect/architectural firm.
(4) Our services do not constitute legal, tax or financial advice and are not a substitute for an audit by qualified professionals.
4. Customer involvement
(1) The customer shall provide all information, documents, access details and contact persons required for the service in a complete, correct and timely manner.
(2) Delays and additional expenses due to missing or delayed cooperation shall be borne by the customer and may be invoiced additionally by agreement.
5. Remuneration and payment terms
(1) Remuneration shall be based on the offer (flat rate or time & materials) plus statutory value added tax and any agreed ancillary costs (e.g. travel/expenses).
(2) Invoices are due without deduction within 7 calendar days of receipt, unless otherwise agreed.
(3) In the event of late payment, the statutory provisions shall apply (in particular, interest for entrepreneurs pursuant to Section 288(2) of the German Civil Code (BGB) and, where applicable, the flat-rate default fee pursuant to Section 288(5) BGB).
6. Rights of use to work results
(1) (1) ‘Work results’ are all content/documents provided by resultart within the scope of the order (e.g. maps, notes, snapshots, lists, presentations, templates).
(2) Upon full payment, the customer shall receive a simple, non-exclusive right of use for internal business purposes, unlimited in time and space.
(3) Publication, disclosure or use vis-à-vis third parties (e.g. publication, resale, external training courses) requires our prior consent in writing.
(4) Methods, frameworks, templates and know-how from resultart remain our intellectual property; we may reuse general know-how across projects.
7. Confidentiality
Both parties shall treat confidential information as strictly confidential and use it exclusively for the purpose of executing the contract. This obligation shall remain in force even after the contract has ended. This does not apply to information that is demonstrably in the public domain or becomes public without any breach of contract.
8. Cancellation (workshops/sprints/scheduled services)
Unless otherwise specified in the offer, the following applies:
– Up to 14 calendar days before start: free of charge (plus non-refundable third-party/travel costs)
– 13–7 calendar days before commencement: 50% of the net order value
– 6 calendar days or less before commencement / no-show: 100% of the net order value
We reserve the right to provide evidence of lower or higher damages.
9. Liability
(1) Unlimited liability in cases of intent, gross negligence, injury to life/limb/health and under mandatory law.
(2) In cases of simple negligence, we shall only be liable for breaches of essential contractual obligations and limited to foreseeable damage typical for this type of contract. Liability shall be limited to 200% of the net order value of the order concerned.
(3) Liability for indirect damage (e.g. loss of profit) is excluded to the extent permitted by law.
10. Data protection
Data protection is carried out in accordance with the GDPR. If we process personal data on behalf of a client, the parties shall conclude a data processing agreement (Art. 28 GDPR) where necessary.
11. Final provisions
(1) German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance and jurisdiction (to the extent permissible) shall be the registered office of Resultart GmbH.
(3) Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected.