General Terms and Conditions (GTC)

1. Scope

These GTC apply to all offers, contracts, and services between Obrecht Studios (hereinafter “Provider”) and the customer (hereinafter “Customer”) in connection with consulting, concept work, development, automation, data preparation, and the provision/operation of software solutions.

Deviating terms of the Customer only apply if the Provider expressly agrees to them in writing.

2. Services

Depending on the project, the Provider offers services such as analysis of Excel and process workflows, concept work (blueprint), development of MVPs/tools (web or desktop), interfaces (APIs), data migration, quality assurance, documentation, and optionally deployment and operation.

The exact scope of services, schedule, deliverables, and any service levels result from the individual offer, project plan, or statement of work (SoW).

3. Offer & contract conclusion

Offers are non-binding unless expressly designated as binding. A contract is concluded through written acceptance of the offer, confirmation by email, or the start of service delivery.

For “Excel checks” or initial analyses, the Provider may first deliver a brief evaluation; this does not create a claim to subsequent implementation unless agreed separately.

4. Cooperation obligations

The Customer shall provide all required information, access, contacts, and data within a reasonable time. Delays caused by missing cooperation will extend agreed deadlines accordingly.

The Customer is responsible for ensuring that provided content and data may be used lawfully (e.g. third-party rights, privacy, trade secrets).

5. Confidentiality & NDA (file upload)

Both parties undertake to treat all confidential information received during the collaboration (including files, documents, source code, access data, and business/trade secrets) as strictly confidential and to use it solely for fulfilling the contract.

Especially for uploads: By uploading files (e.g. Excel/CSV) on the website or sending them by email, this confidentiality agreement is deemed agreed. The Provider will not share content with third parties unless necessary for service delivery (e.g. hosting) and provided that appropriate confidentiality/data protection obligations are in place.

Instead of real data, the Customer may also provide anonymized, shortened or synthetic sample data. This is usually sufficient for technical analysis and reduces risk.

Excluded from confidentiality are information that (a) was already publicly known, (b) becomes public without breach of duty, or (c) must be disclosed due to legal obligations.

6. Data processing & privacy

If the Provider processes personal data on behalf of the Customer, the parties shall conclude a data processing agreement (DPA), where required.

Details regarding processing, storage periods, technical/organizational measures, and data subject rights can be found in the privacy policy.

7. Deliveries, acceptance, changes

Delivery dates are only binding if confirmed in writing. The Provider delivers work results in the agreed formats (e.g. documentation, concept, repository, build, deployment).

If acceptance has been agreed, a delivery shall be deemed accepted if the Customer does not report material defects in writing within a reasonable period (e.g. 7–14 days).

Change requests may affect price and schedule and will be coordinated before implementation.

8. Prices, payment terms

The prices stated in the offer apply. Ongoing services may be billed based on effort (time & material) or as a fixed price.

Invoices are due within 14 days without deduction unless agreed otherwise. In the event of late payment, the Provider may claim statutory default interest and reminder fees.

The Provider may agree on reasonable advance payments (e.g. kickoff/blueprint/MVP), especially for longer projects.

9. Usage rights & ownership

The Customer receives the usage rights to the delivered work results as agreed in the contract—usually after full payment. Scope (simple/exclusive), territorial/temporal validity, and transferability are governed in the offer.

Pre-existing tools, libraries, templates, and know-how of the Provider (“Background IP”) remain the property of the Provider. To the extent required, the Customer receives a right to use them for the delivered work result.

10. Liability

The Provider is liable without limitation in cases of intent and gross negligence as well as in cases of injury to life, body, or health. In cases of slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations) and only to the extent of the typically foreseeable damage.

The Provider is only liable for data loss insofar as the damage would also have occurred despite proper data backup by the Customer.

11. Term & termination

Project contracts end upon full performance unless otherwise agreed. Continuing obligations (e.g. maintenance/operation) run for the agreed minimum term and may then be terminated with notice.

The right to extraordinary termination for good cause remains unaffected.

12. Support, maintenance, operation

Depending on the agreement, the Provider handles (a) provision of own servers/hosting, (b) deployment on customer systems, or (c) handover to the Customer’s internal IT. The scope of monitoring, updates, backups, incident handling, and SLAs is regulated separately.

Without a separate maintenance agreement, the Provider does not owe ongoing updates or adjustments after project completion, except where legally mandatory.

13. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. To the extent permitted, the place of jurisdiction is the Provider’s registered office.

Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provision shall replace the invalid provision.