Terms and Conditions

for the provision of services by Christian Rüsken, ruesken.net, Salzstraße 17, 44894 Bochum, email: info@ruesken.net (hereinafter “Contractor”) to his customers (hereinafter “Client”)

1. General Information

1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor that incorporate these GTC.

1.2 If, in addition to these General Terms and Conditions, other contractual documents or terms and conditions in written form have become part of the contract, the provisions of such other contractual documents shall take precedence over these General Terms and Conditions in the event of any conflict.

1.3 Unless expressly agreed otherwise, the Contractor does not accept any general terms and conditions used by the Client that deviate from these Terms and Conditions.

2. Subject Matter of the Contract and Scope of Services

2.1 As an independent contractor, the Contractor shall provide the following services to the Client:

Providing and selling licenses for the apps developed by the provider.

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 services specified in the contract with the utmost care and diligence, in accordance with the latest standards, rules, and findings.

2.4 The Contractor is obligated to perform the services required under the contract. However, in carrying out its work, the Contractor is not bound by any instructions regarding the manner in which the services are to be performed, the location of performance, or the timing of performance. However, when scheduling workdays and allocating time on those days, the Contractor shall determine these matters itself in such a way as to achieve optimal efficiency in its work and in the fulfillment of the subject matter of the contract. The Contractor shall perform the services solely in consultation and coordination with the Client.

3. The Client’s Obligations to Cooperate

It is the Client’s responsibility to provide all information, data, and other content required for the performance of the services in a complete and accurate manner. The Contractor shall not be liable to the Client in any way for delays in the provision of services resulting from the Client’s late or necessary cooperation or input; the provisions under the heading “Liability/Indemnification” remain unaffected by this.

4. Compensation

4.1 Compensation is agreed upon in individual contracts.

4.2 Payment is due upon completion of the services. If payment is calculated on a periodic basis, it is due at the end of each period (Section 614 of the German Civil Code). In the case of time-and-materials billing, the Contractor is entitled, unless otherwise agreed, to invoice the services rendered on a monthly basis.

4.3 After providing the services, the Contractor shall send the Client an invoice by mail or email (e.g., as a PDF). Payment is due within 14 days of receipt of the invoice.

5. Liability / Indemnification

5.1 The Contractor shall be liable without limitation on any legal basis in cases of willful misconduct or gross negligence, in cases of intentional or negligent injury to life, limb, or health, on the basis of a warranty, unless otherwise provided herein, or on the basis of mandatory liability. If the Contractor negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies pursuant to the preceding sentence. Essential contractual obligations are obligations that the contract imposes on the Contractor, based on its content, to achieve the purpose of the contract, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely. In all other respects, the Contractor’s liability 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 claims by third parties asserted against the Contractor as a result of the Client’s breach of these contractual terms or applicable law.

6. Term of the Agreement and Termination

6.1 The parties shall agree on the term of the contract and the notice periods for ordinary termination on a case-by-case basis.

6.2 The right of both parties to terminate the agreement immediately for cause remains unaffected.

6.3 Upon termination of the contract, the Contractor must immediately return or destroy all documents and other materials provided to it, at the Customer’s discretion. The assertion of a right of retention with respect thereto is excluded. Electronic data must be completely deleted. Excluded from this are documents and data subject to a longer statutory retention period, but only until the end of the respective retention period. The Contractor must confirm the deletion to the Company in writing upon the Company’s request.

7. Confidentiality and Data Protection

7.1 The Contractor shall treat all matters that come to its attention in connection with the Contract as strictly confidential. The Contractor undertakes to impose a duty of confidentiality on all employees and/or third parties who have access to the information covered by this Contract. The duty of confidentiality shall remain in effect indefinitely beyond the term of this Contract.

7.2 The Contractor agrees to comply with all data protection regulations—in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act—when performing the contract.

8. Final Provisions

8.1 The law of the Federal Republic of Germany shall apply, excluding the CISG.

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

8.3 The Client shall, to the extent necessary, assist the Contractor in the performance of its contractual obligations by providing appropriate cooperation. In particular, the Client shall provide the Contractor with the information and data necessary for the fulfillment of the contract.

8.4 If the Client is a merchant, a legal entity under public law, or a special fund under public law, or does not have a 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; this shall not affect any exclusive places of jurisdiction.

8.5 The Contractor is entitled to amend these General Terms and Conditions for objectively justified reasons (e.g., changes in case law, the legal landscape, market conditions, or business or corporate strategy) and subject to a reasonable notice period. Existing customers will be notified of this by email no later than two weeks before the amendment takes effect. Unless the existing customer objects within the period specified in the notice of amendment, their consent to the amendment shall be deemed to have been given. If they object, the amendments shall not take effect; in this case, the Contractor is entitled to terminate the contract extraordinarily as of the effective date of the amendment. The notification of the intended amendment to these Terms and Conditions shall specify the deadline and the consequences of objecting or failing to object.

9. Information on Online Dispute Resolution / Consumer Mediation

The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer. The provider is neither willing nor obligated to participate in consumer dispute resolution proceedings under the VSBG.

You can find our email address in the header of these Terms and Conditions.