Terms and Conditions

Remmler Digital Solutions GmbH

Wierther Str. 8, 38159 Vechelde, Germany

Commercial Register: Amtsgericht Braunschweig, HRB 213141

Represented by Managing Director: Liam Remmler

Last updated: 02/08/2026

§ 1 Scope

(1) These Terms and Conditions apply to all contracts between Remmler Digital Solutions GmbH (“Provider”) and its customers concerning digital solutions, software, hardware, online services, IT/OT systems, automation solutions, support, hosting, training, IT security services and related services.

(2) These Terms apply to businesses within the meaning of § 14 BGB, legal entities under public law, special funds under public law and consumers within the meaning of § 13 BGB, unless individual provisions expressly apply only to businesses or only to consumers.

(3) Conflicting, deviating or supplementary customer terms apply only if the Provider has expressly agreed to them in writing.

(4) Individual agreements, service descriptions, offers, order confirmations, service level agreements, data processing agreements and license terms take precedence over these Terms where they contain deviating provisions.

§ 2 Formation of Contract

(1) Offers by the Provider are non-binding unless expressly marked as binding.

(2) A contract is formed by acceptance of an offer, written order confirmation, electronic confirmation, signature by both parties or commencement of performance at the customer's request.

(3) The Provider currently does not operate an automated online shop or checkout. Contracts are typically concluded individually by offer, email, telephone, contact form, remote maintenance, on-site appointment or other individual arrangement.

(4) The Provider may reject orders if legal, technical, economic or security-related reasons prevent acceptance.

§ 3 Services

(1) The type and scope of services are defined by the relevant offer, service description, specification, order confirmation or separate contract.

(2) The Provider's services may include in particular:

IT consulting, IT support and system integration
Development, customization, operation and maintenance of software
Provision of SaaS, hosting and online services
Supply, configuration and maintenance of hardware
IT/OT systems and automation solutions
IT security services, training and documentation
Procurement, provision and configuration of hardware, software, licenses and accessories as part of individually agreed IT services

(3) Unless a specific result has been expressly agreed, the Provider owes professional services, not a specific economic outcome.

(4) Work results, especially individually developed software, concepts, installations or completed project deliverables, are owed only where expressly agreed.

§ 4 Customer Cooperation

(1) The customer must provide all information, access, contacts, systems, documents, decisions and approvals required for performance in due time.

(2) The customer is responsible for backing up its data unless the Provider has expressly agreed to perform backups.

(3) The customer must ensure that hardware, software, networks, internet connections, power supply and other technical prerequisites are suitable for the agreed service.

(4) Delays, additional effort or damage caused by missing or late cooperation are borne by the customer where the customer is responsible for them.

§ 5 Dates and Deadlines

(1) Dates and deadlines are binding only if expressly agreed as binding.

(2) Performance deadlines are extended appropriately if the customer fails to cooperate in time or if circumstances outside the Provider's control occur.

(3) In cases of force majeure, strikes, telecommunications outages, power outages, cyberattacks, third-party disruptions or other unforeseeable events, the Provider is released from its performance obligations for the duration of the disruption where it is not responsible for the disruption.

§ 6 Fees and Payment

(1) The agreed prices apply. Unless otherwise stated, prices for businesses are net plus statutory VAT and prices for consumers include statutory VAT.

(2) Services are billed based on effort unless a fixed price has been agreed. Billing is based on the agreed hourly rates, daily rates or package prices.

(3) Invoices are due without deduction within 14 days of receipt unless otherwise agreed.

(4) In the event of payment default, statutory default rules apply. For business customers, the Provider may claim statutory default interest and the statutory default lump sum.

(5) The Provider may request reasonable advances, installment payments or prepayments, especially for project work, hardware procurement, licenses or third-party services.

§ 7 Hardware, Software and Third-Party Services

(1) Where the Provider brokers, supplies or sets up hardware, standard software, cloud services, domains, licenses or other third-party services, the license, usage and terms of the respective manufacturer or provider apply additionally.

(2) The Provider is not liable for long-term availability, feature scope, price changes or contract changes by third-party providers where these are outside the Provider's control.

(3) The customer must comply with license terms and maintain the required number of licenses.

§ 8 Hosting-related Services, Remote Access and Online Services

(1) For hosting-related services, configured remote access, cloud or online services, the Provider owes only the individually agreed service, configuration, support or provision. A specific permanent operating result is owed only if expressly agreed.

(2) Availability, maintenance windows, response times and support hours apply only where expressly agreed.

(3) The Provider may maintain, update or temporarily restrict systems for security reasons where necessary for secure and proper operation.

(4) The customer is responsible for the lawfulness of content stored or processed by the customer. The customer must not distribute unlawful, malicious or rights-infringing content through the services.

(5) The Provider may block services where there are concrete indications of legal violations, security risks, abuse or material breach of contract.

§ 9 IT Security and Remote Maintenance

(1) IT security services reduce risks but cannot guarantee absolute protection against attacks, data loss, system outages or security incidents.

(2) Remote maintenance is performed only with consent or at the customer's request. The customer is responsible for protecting sensitive data from remote access unless access is required for the service.

(3) The customer must keep access credentials confidential, use secure passwords and observe security-related instructions from the Provider.

§ 10 Acceptance of Work Results

(1) Where work results are agreed, the customer accepts the service after completion if no material defects exist.

(2) The Provider may provide the service for acceptance and set a reasonable review period. If the customer does not refuse acceptance within that period while specifying material defects, the service is deemed accepted if the Provider has informed the customer of this consequence.

(3) Immaterial defects do not justify refusal of acceptance.

§ 11 Rights of Use

(1) The customer receives the agreed rights of use to work results. Unless otherwise agreed, the customer receives a simple, non-exclusive, non-transferable right of use for its own internal purposes.

(2) Rights of use transfer only after full payment of the agreed fee.

(3) Pre-existing tools, libraries, templates, frameworks, know-how and general methods of the Provider remain the Provider's property. The customer receives only the rights required to use the specific service.

(4) Open-source software may be part of services. The respective open-source licenses apply.

§ 12 Retention of Title

(1) Delivered goods remain the Provider's property until paid in full.

(2) For businesses, retention of title applies until all claims from the ongoing business relationship have been settled.

§ 13 Warranty

(1) Statutory warranty rights apply unless validly modified below.

(2) For businesses, the warranty period for new goods and work results is one year from delivery or acceptance, where legally permitted and no mandatory longer periods apply.

(3) For consumers, statutory warranty periods apply without restriction.

(4) Statutory provisions on digital products apply to digital products and digital services where applicable.

(5) Warranty claims do not exist for improper use, missing cooperation, customer or third-party modifications, unsuitable system environments or failure to observe documentation where the defect is caused by this.

§ 14 Liability

(1) The Provider is liable without limitation for intent and gross negligence, injury to life, body or health, under the German Product Liability Act and for guarantees assumed.

(2) In cases of simple negligence, the Provider is liable only for breach of material contractual obligations. In that case, liability is limited to the typical foreseeable damage.

(3) Material contractual obligations are obligations whose fulfillment enables proper performance of the contract and on whose compliance the customer may regularly rely.

(4) Liability for data loss is limited to the restoration effort that would have arisen with proper and regular customer backups, unless the Provider caused the data loss intentionally or by gross negligence.

(5) These limitations also apply in favor of employees, legal representatives and agents of the Provider.

§ 15 Consumer Information and Right of Withdrawal

(1) If the customer is a consumer, statutory consumer rights apply.

(2) For distance contracts, consumers generally have a statutory right of withdrawal.

(3) For consumers, the following withdrawal provisions apply only to distance contracts and contracts concluded away from business premises within the meaning of statutory law. For contracts concluded exclusively on the Provider's business premises or outside a distance selling situation, a statutory right of withdrawal exists only where provided by law or expressly agreed.

§ 16 Individual Software Provision, Configuration and System Environment

(1) Where software, licenses, digital components, access credentials or configurations are provided, this is done as part of the individually agreed IT service, project work, software configuration, maintenance or support. No sale through an online shop or automated checkout currently takes place.

(2) Type, scope, technical requirements, license terms and any usage restrictions are defined by the relevant offer, service description, order confirmation or the terms of the respective manufacturer or licensor.

(3) The customer is responsible for compatibility of its system environment where the technical requirements were communicated before contract conclusion.

(4) Mandatory statutory rights of consumers, in particular warranty rights and update obligations for digital products or digital services where applicable in the specific case, remain unaffected.

§ 17 Data Protection and Processing on Behalf

(1) The Provider processes personal data in accordance with the Privacy Policy and applicable data protection law.

(2) Where the Provider processes personal data on behalf of the customer, the parties conclude a data processing agreement under Art. 28 GDPR before processing starts.

(3) The customer remains responsible for the lawfulness of data processing in its systems where the Provider acts only as processor.

§ 18 Confidentiality

(1) The parties treat the other party's confidential information as confidential and use it only to perform the contract.

(2) Confidential information includes in particular trade secrets, technical information, access credentials, security information, customer data, prices and non-public project information.

(3) Confidentiality obligations continue after the contract ends.

§ 19 Term and Termination

(1) Contract term and notice periods are defined by the relevant contract or offer.

(2) Continuing obligations may be terminated without notice for good cause.

(3) Good cause includes in particular substantial payment default, serious breach of contract, abuse of services, security risks or unlawful use.

§ 20 Final Provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of mandatory consumer protection provisions of their country of habitual residence.

(2) If the customer is a merchant, legal entity under public law or special fund under public law, venue is the Provider's registered office.

(3) The contract language is German.

(4) Consumer dispute resolution: We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(5) If individual provisions are invalid, the remaining provisions remain effective. The statutory provisions apply.

Withdrawal Information for Consumers

Note: The following withdrawal information applies only to consumers in distance contracts and contracts concluded away from business premises.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of conclusion of the contract.

To exercise your right of withdrawal, you must inform us, Remmler Digital Solutions GmbH, Wierther Str. 8, 38159 Vechelde, Germany, email: office@remmler.digital, by means of a clear statement, for example by letter or email, of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs, except for additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us, without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested that the services begin during the withdrawal period, you shall pay us an amount that is proportionate to the services already provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract compared with the full coverage of the services provided for in the contract.

Immediate Start of Services and Expiry of the Right of Withdrawal

If a consumer expressly requests that the Provider begin performing the commissioned service before expiry of the withdrawal period, the consumer also confirms that, in the event of withdrawal, the consumer must pay compensation for the services already provided up to the time of withdrawal. For a service contract, the right of withdrawal expires under the statutory conditions once the Provider has fully performed the service and began performance only after the consumer expressly consented to the Provider beginning performance before expiry of the withdrawal period and confirmed awareness that the right of withdrawal is lost upon full performance of the contract.

Practical Consent Text for Offers, Order Confirmations or Forms

I expressly request that Remmler Digital Solutions GmbH begin performing the service I have commissioned before expiry of the withdrawal period. I am aware that, if Remmler Digital Solutions GmbH fully performs the contract, I lose my right of withdrawal under the statutory conditions. If I withdraw from the contract before full performance, I must pay compensation for the services already provided up to the time of withdrawal.

Model Withdrawal Form

If you wish to withdraw from the contract, please complete this form and return it to:

Remmler Digital Solutions GmbH
Wierther Str. 8
38159 Vechelde, Germany
Email: office@remmler.digital

I hereby withdraw from the contract concluded by me for the provision of the following service: [description]
Commissioned on: [date]
Name of consumer: [name]
Address of consumer: [address]
Date: [date]
Signature only if submitted on paper: _____________________