Terms & Conditions
Digital4u
Sören Untiedt
Am Dorfteich 5
49757 Vrees
Germany
– hereinafter referred to as: Digital4u –
1. General
1.1 These General Terms and Conditions (GTC) apply to all contracts concluded between Digital4u and the customer.
1.2 Digital4u offers the customer IT services, in particular [e.g. software development, system administration, IT consulting, IT support]. The specific scope of services is subject to individual agreements between Digital4u and the customer.
1.3 Digital4u does not enter into contracts with consumers or private individuals.
1.4 Digital4u is entitled to use subcontractors for the provision of the agreed services. Digital4u remains the sole contractual partner of the customer. Subcontractors will not be used if it is apparent to Digital4u that their use would be contrary to the legitimate interests of the customer.
1.5 Digital4u does not recognize GTC of the customer that deviate from these terms and conditions – subject to express consent.
2. Customer Cooperation Obligations
2.1 The customer is obligated to provide Digital4u with all information, access and documents required for the provision of services completely, correctly and in a timely manner.
2.2 If the customer provides Digital4u with content, data or materials, they must ensure that these do not violate the rights of third parties or other legal norms.
2.3 Digital4u is not responsible for delays in service provision caused by late or incomplete cooperation by the customer. Additional expenses resulting from this may be billed separately to the customer by Digital4u.
2.4 If the conclusion of a data processing agreement pursuant to Art. 28 GDPR is required for individual services, both parties undertake to conclude such an agreement before the start of service provision.
3. Software Development and IT Projects
3.1 The subject of project contracts is the development, adaptation or integration of software solutions according to the technical specifications of the customer. Project contracts concluded between the parties are contracts for work and services within the meaning of §§ 631 ff. BGB, unless expressly agreed otherwise.
3.2 The exact scope of services results from the individually concluded contract or the agreed requirements specification. Services beyond this must be separately agreed and compensated.
3.3 Digital4u will immediately inform the customer when it becomes apparent that agreed deadlines cannot be met or the described scope of services is technically not feasible.
3.4 Once an agreed service has been completed, Digital4u will request acceptance from the customer. The acceptance period is two (2) weeks. If the customer does not respond within this period, the work is deemed accepted.
3.5 Unless otherwise agreed, created software solutions are optimized for the operating systems and runtime environments common at the time of delivery. Digital4u does not owe compatibility with outdated or unspecified systems.
3.6 A claim for the release of source codes, development documentation or other internal documentation only exists if this has been expressly agreed individually.
4. IT Consulting and Conception
4.1 In the context of consulting services, Digital4u only owes the careful execution of the agreed consulting and conception activities. These are services within the meaning of §§ 611 ff. BGB. A specific economic result is not owed unless it has been expressly guaranteed.
4.2 Digital4u is neither entitled nor obligated to advise the customer on legal questions within the meaning of the Legal Services Act. It is the responsibility of the customer to consult a specialized lawyer for legal reviews.
5. IT Support and Maintenance
5.1 Digital4u can offer the customer ongoing support and maintenance services by agreement. The specific scope of services is subject to individual contractual agreements.
5.2 The content of maintenance contracts is the elimination of malfunctions and the event-related updating of the maintained systems. Further services can be agreed separately.
5.3 A prerequisite for maintenance is that the systems to be maintained are compatible with Digital4u\
5.4 It is the responsibility of the customer to perform regular data backups of their systems and data. Digital4u is not liable for data loss attributable to inadequate data backup.
5.5 Digital4u is not liable for security vulnerabilities caused by the use of outdated third-party software or exploited by external attacks (e.g. hacking), unless Digital4u is responsible for them.
6. Hosting and Infrastructure
6.1 If Digital4u provides the customer with hosting or infrastructure services, Digital4u may use servers or services from third-party providers for this purpose. The customer will be informed about this before concluding the contract.
6.2 The availability of the systems used is at least 99% on an annual average, excluding times of force majeure or technical problems outside the sphere of influence of Digital4u.
6.3 The customer is obligated to treat access data provided to them confidentially and not to pass it on to third parties.
7. Prices and Compensation
7.1 The compensation for Digital4u\
7.2 All prices are exclusive of the statutory value added tax, unless expressly stated otherwise.
7.3 Travel and incidental costs are charged separately, unless otherwise agreed.
8. Acceptance
If a work performance has been agreed, Digital4u may require that acceptance be made in text form. The acceptance period is two (2) weeks from notification of completion. If the customer does not respond within this period and does not refuse acceptance due to a defect, the work is deemed accepted.
9. Warranty
An insignificant defect does not give rise to warranty claims. The choice of the type of supplementary performance lies with Digital4u. The limitation period for warranty claims is one (1) year; this shortening does not apply to claims arising from intent, gross negligence or injury to life, body or health.
10. Contract Duration for Continuing Obligations
Subject to deviating agreements, continuing obligations have a minimum term of twelve (12) months. The notice period is three (3) months to the end of the term. If the contract is not terminated in due time, it is automatically extended by a further twelve (12) months. The right to extraordinary termination for good cause remains unaffected.
11. Granting of Rights
11.1 Upon full payment of the order, Digital4u grants the customer a simple, non-transferable right of use to the corresponding work results, unless expressly agreed otherwise.
11.2 Further rights, in particular exclusive rights of use or the right to transfer to third parties, require an express individual contractual agreement.
11.3 Digital4u is entitled to publicly display the services provided for reference purposes in an appropriate manner, unless the customer expressly objects.
12. Confidentiality
Digital4u treats all information, data and documents of the customer that have become known in the course of the business relationship as strictly confidential. This obligation also applies to any subcontractors used and exists indefinitely beyond the end of the contract.
13. Liability / Indemnification
13.1 Digital4u is liable without limitation for intent or gross negligence as well as for negligent injury to life, body or health. In case of negligent breach of essential contractual obligations, liability is limited to the typical, foreseeable damage. Otherwise, liability of Digital4u is excluded.
13.2 The customer indemnifies Digital4u against any third-party claims that are asserted against Digital4u due to legal violations by the customer or content provided by them.
14. Final Provisions
14.1 The contracts concluded between Digital4u and the customer are subject to the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
14.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of Digital4u.
14.3 Digital4u is entitled to amend these GTC for objectively justified reasons and in compliance with a reasonable period. Existing customers will be informed of this by email no later than two (2) weeks before the amendment takes effect. If the customer does not object within the set period, consent to the amendment is deemed to have been given.
As of: March 2026