General terms and conditions

I. Scope

The services of NAWIDA GmbH are exclusively directed to entrepreneurs in the sense of § 14 BGB. NAWIDA GmbH (hereinafter: “NAWIDA”) provides its services exclusively on the basis of the following general terms and conditions (hereinafter: “GTC”). Terms and conditions of the customer shall not apply, even if NAWIDA does not expressly object to them or provides its services without reservation.

II. performance description

1. The scope of services for the agreed services of NAWIDA results from the offer or the associated service description at the time of the order.

2. NAWIDA determines its place of activity, its time of activity and the manner of activity independently according to its dutiful discretion.

3. NAWIDA is entitled at any time to engage third parties to assist it in the performance of its activities. Insofar as NAWIDA uses third parties to support it, these are exclusively in a contractual relationship with it. NAWIDA undertakes to impose a duty of confidentiality corresponding to Section IV. on any third party engaged.

III. prices and terms of payment

1. All prices quoted are subject to the applicable sales tax.

2. Payments are due immediately upon receipt of the invoice and must be made within 30 days by bank transfer to the account communicated by NAWIDA, unless a different method of payment has been agreed with the customer.

3. The invoice will be sent by e-mail free of charge. The customer agrees to an exclusively electronic invoice dispatch.

4. The customer shall be in default even without a reminder if he does not pay within 30 days after receipt of an invoice. NAWIDA may claim default interest according to § 288 BGB (German Civil Code) in case of default of payment by the customer.

IV. Confidentiality

1. NAWIDA and the customer shall be obliged to keep secret and treat as confidential any business and trade secrets of the respective other party which have been entrusted to them or have become known to them in connection with the contractual relationship, with the exception of subcontractors pursuant to sec. II.3. not to pass it on to third parties, to use it exclusively for the execution of this contract and not to exploit it for itself or for others even after termination of this contract.

2. NAWIDA will carefully store business documents handed over to it, protect them from inspection by third parties with the exception of subcontractors and return them at the end of the contract. The assertion of a right of retention is excluded. Upon request, NAWIDA shall confirm in text form that it is no longer in possession of documents which are the property of the customer or which have been handed over to it by the customer in connection with the contractual relationship.

V. Warranty

1. The warranty is governed by the statutory provisions.

2. Unless expressly agreed otherwise, NAWIDA does not assume any warranty or liability for the occurrence of a certain economic success with the customer due to its services, in particular its consulting.

VI Liability of NAWIDA

1. NAWIDA shall be liable, irrespective of the legal grounds, only in accordance with the following provisions.

2. NAWIDA shall be liable for intent and gross negligence in accordance with the statutory provisions.

3. In the event of slight negligence, NAWIDA shall only be liable in the event of a breach of an essential contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the user may regularly rely (cardinal obligation). In such cases, NAWIDA shall only be liable to the extent of the foreseeable damage typical for the contract.

4. In cases of slight negligence, liability for all other damages, in particular consequential damages, indirect damages or lost profits, is excluded.

5. The foregoing limitations shall not apply in the event of injury to life, limb or health, in the event of the assumption of a guarantee and in the event of liability under the Product Liability Act.

6. Insofar as the liability of NAWIDA is excluded or limited, this shall also apply to the liability of NAWIDA’s employees, other staff, representatives and vicarious agents.

VII. data protection

NAWIDA observes the legal provisions on data protection. NAWIDA’s privacy policy is available on the Internet at www.nawida.de under “Privacy Policy”.

VIII. Copyright

NAWIDA reserves the exclusive right of use to all work results created within the scope of and in connection with the contractual relationship. Dem

Customers are granted a simple right of use to the work results for the contractually pursued purpose.

IX. Term

1. The term of the contract results from the offer. Unless otherwise specified, the contract shall run for an indefinite period and may be terminated by either party at any time with 14 days’ notice to the end of the month.

2. The right to extraordinary termination for good cause remains unaffected.

3. Any termination must be in writing to be effective.

X. Final provisions

1. All legal relations between the customer and NAWIDA shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

2. Exclusive place of jurisdiction for all disputes arising between the customer and NAWIDA is, as far as legally permissible, the registered office of NAWIDA.

3. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The ineffective provision shall be replaced by the contracting parties with a provision that comes closest to the result economically intended by the customer and NAWIDA. The same applies in the event of a regulatory gap.

XI. Provider identification
The provider of the services offered by NAWIDA is the

NAWIDA GmbH, Handjerystraße 34-36, 12159 Berlin; Charlottenburg Local Court (Berlin), Commercial Register number HRB 237131 B, VAT ID: DE350700606,

E-mail: hello@nawida.de
Managing directors authorized to represent the company: Grit Westermann, Marc Fischer