General terms and conditions

The following text is a machine translation for information purposes only. The only legally binding version is the German one that you can find here.

§ 1 - General principles of cooperation

1.1 These General Terms and Conditions are an integral part of every contractual agreement with BOOKJANS IPM SOLUTIONS, regardless of whether it has been concluded in written or verbal form.

1.2 BOOKJANS IPM SOLUTIONS is entitled to have the order carried out in whole or in part by expert employees or commercial/freelance cooperation partners. For professional reasons, BOOKJANS IPM SOLUTIONS does not provide any legal or tax consulting services.

1.3 The client shall ensure that the organisational framework conditions at its place of business allow for undisturbed work conducive to the rapid progress of the consulting process during the fulfilment of the order.

1.4 The client shall ensure that BOOKJANS IPM SOLUTIONS is provided with all documents necessary for the fulfilment and execution of the consulting order in a timely manner, even without specific request, and that it is informed of all processes and circumstances that are relevant to the execution of the order. This also applies to all documents, processes and circumstances that only become known during the course of BOOKJANS IPM SOLUTIONS' activities.

1.5 The relationship of trust between the client and BOOKJANS IPM SOLUTIONS requires that BOOKJANS IPM SOLUTIONS be fully informed about any previous and/or ongoing consulting activities.

1.6 Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions or the contract as a whole.

§ 2 - Scope and extent

2.1 These terms and conditions shall apply in all cases, unless their validity has been expressly revoked in writing prior to the granting of the consulting assignment and their revocation has been confirmed in writing by BOOKJANS IPM SOLUTIONS. Individual agreements within the meaning of § 305b BGB (German Civil Code) remain unaffected by this.

2.2 All consulting assignments and other agreements are legally valid as soon as they have been issued by the client verbally or in writing and are subject to these General Terms and Conditions from the moment they become legally valid, which can be requested by the client at any time.

§ 3 - Scope of the consulting assignment, effect on fees

The scope of the consulting assignment shall be agreed between the client and BOOKJANS IPM SOLUTIONS. Any extension of the consulting assignment by the client during the course of the consultation shall necessarily result in an adjustment of the agreed fee.

§ 4 - Reporting

BOOKJANS IPM SOLUTIONS undertakes to report on its work either verbally or in writing. At the end of the consulting assignment, the results of its work shall be presented to the client either in the form of a verbal or written report or a presentation. This presentation marks the end of the consulting assignment.

§ 5 - Protection of intellectual property

5.1 The client is obliged to ensure that the documents created by BOOKJANS IPM SOLUTIONS, its employees and cooperation partners in the course of the consulting assignment, in whatever form, are used only for the fulfilment of the assignment. In particular, the disclosure of statements made by BOOKJANS IPM SOLUTIONS to third parties, whether for remuneration or free of charge, in any form whatsoever, requires the written consent of BOOKJANS IPM SOLUTIONS. The consent granted does not constitute any liability on the part of BOOKJANS IPM SOLUTIONS towards the third party.

5.2 The use of professional statements made by BOOKJANS IPM SOLUTIONS for advertising purposes by the client is not permitted. Any violation entitles BOOKJANS IPM SOLUTIONS to terminate all orders that have not yet been executed without notice.

5.3 All services provided by BOOKJANS IPM SOLUTIONS (suggestions, ideas, concepts, sketches, preliminary drafts, data files) or individual parts thereof remain the property of BOOKJANS IPM SOLUTIONS. By paying the fee, the client merely acquires the right to use, including reproduction, for the agreed purpose and to the agreed extent.

5.4 The use of BOOKJANS IPM SOLUTIONS services beyond the originally agreed purpose and scope requires the consent of BOOKJANS IPM SOLUTIONS, regardless of whether these services are protected by copyright. BOOKJANS IPM SOLUTIONS is entitled to separate, appropriate remuneration for this.

5.5 BOOKJANS IPM SOLUTIONS is entitled to refer to BOOKJANS IPM SOLUTIONS on all information media and in all measures without the client being entitled to any remuneration for this.

5.6 The client shall be solely liable if the execution of its order infringes the rights of third parties, in particular copyrights. The client shall indemnify BOOKJANS IPM SOLUTIONS against all claims by third parties arising from such an infringement.

§ 6 - Rectification of defects, warranty and liability

6.1 BOOKJANS IPM SOLUTIONS is entitled and obliged to rectify any inaccuracies and defects in its consulting services that become known to it at a later date. It is obliged to inform the client of this. This warranty obligation covers a period of 3 months after the service has been provided.

6.2 The client is entitled to have defects remedied free of charge, provided that BOOKJANS IPM SOLUTIONS is responsible for them. This entitlement expires 3 months after the provision of the service complained about.

6.3 BOOKJANS IPM SOLUTIONS is only liable in principle if damage has been caused by intentional or grossly negligent actions.

6.4 In all other respects, the following rules apply to the liability of BOOKJANS IPM SOLUTIONS in cases of negligence:

a) Claims for damages due to defects and consequential damages, positive breach of contract, culpa in contrahendo and tort are excluded.
b) Claims for damages due to impossibility and delay are limited to the amount of the order value.

6.5 The above limitations of liability apply to the same extent to the vicarious agents and assistants of BOOKJANS IPM SOLUTIONS.

6.6 The above limitations of liability shall not apply in the event of culpable breaches of material contractual obligations, insofar as the achievement of the purpose of the contract is jeopardised, in the absence of warranted characteristics, for damages resulting from injury to life, limb or health based on a negligent breach of duty by BOOKJANS IPM SOLUTIONS or an intentional or negligent breach of duty by a legal representative or vicarious agent of BOOKJANS IPM SOLUTIONS, as well as in cases of mandatory liability under the Product Liability Act.

§ 7 - Confidentiality obligation, data protection

7.1 BOOKJANS IPM SOLUTIONS, its consultants, employees and any cooperation partners it engages undertake to maintain confidentiality regarding all matters that become known to them in connection with their work for the client. This confidentiality obligation applies both to the client and to the client's business connections.

7.2 Only the client may release BOOKJANS IPM SOLUTIONS from this duty of confidentiality.

7.3 BOOKJANS IPM SOLUTIONS may only provide reports, expert opinions and other written statements on the results of its activities to third parties with the consent of the client.

7.4 The duty of confidentiality shall also apply after the end of the contract.

7.5 Cases in which there is a legal obligation to provide information are excluded from the duty of confidentiality.

7.6 BOOKJANS IPM SOLUTIONS is authorised to process personal data entrusted to it within the scope of the purpose of the consulting contract or to have it processed by third parties. BOOKJANS IPM SOLUTIONS guarantees its obligation to maintain data confidentiality in accordance with the provisions of the Data Protection Act.

§ 8 - Fee entitlement

8.1 In return for providing consulting services, BOOKJANS IPM SOLUTIONS is entitled to payment of the agreed reasonable fee by the client. The amount of this fee shall be agreed with the client prior to the order being placed.

8.2 If the execution of the order is prevented after it has been placed by the client, BOOKJANS IPM SOLUTIONS shall remain entitled to the agreed fee.

8.3 If the order is not executed due to circumstances that constitute a valid reason on the part of BOOKJANS IPM SOLUTIONS, it shall only be entitled to the portion of the fee corresponding to the services rendered to date. This shall apply in particular if, despite termination, the services rendered to date are usable for the client.

§ 9 - Payment terms

9.1 Unless otherwise agreed, payment shall be made within 8 calendar days of the invoice date without deduction of any discount.

9.2 The invoice shall be issued after completion of the service or after partial services have been rendered. In the case of exceptional advance payments, a reasonable advance payment may be requested.

9.3 The client may only offset against an undisputed or legally established claim. A client who is a registered trader within the meaning of the German Commercial Code (HGB) shall not be entitled to rights of retention. However, the rights under § 320 BGB shall remain in force as long as and to the extent that BOOKJANS IPM SOLUTIONS has not fulfilled its obligations under these terms and conditions.

9.4 If the fulfilment of the payment claim is at risk due to a deterioration in the client's financial circumstances that occurred or became known after the conclusion of the contract, BOOKJANS IPM SOLUTIONS may demand advance payment, withhold services not yet rendered or suspend further services. BOOKJANS IPM SOLUTIONS shall also be entitled to these rights if the client is in default of payment for services based on the same legal relationship.

9.5 In the event of default in payment, default interest of 8 percentage points above the respective base rate shall be payable. This shall not exclude the assertion of further damages caused by default.

§ 10 - Objecting to invoices

Objecting to an invoice does not release the customer from their obligation to pay within the specified period.

§ 11 - Applicable law, place of performance, place of jurisdiction

The place of performance and place of jurisdiction for all disputes arising from the contractual relationship is Bayreuth. German law applies to the contractual relationship.

End of the General Terms and Conditions of BOOKJANS IPM SOLUTIONS. Status: 31 August 2025.