General terms and conditions (GTC)

1. Applicability of the terms and conditions
All deliveries and services of Aponsi are based on these terms and conditions. Deviating and/or supplementary agreements require the express consent of Aponsi and the written form; this also applies to a waiver of the written form requirement. The parallel use of freelancers and partner companies is permissible within the framework of projects, provided that this does not impair the contractually agreed scope of services. 
2. Delivery times and default
Aponsi will, if possible, adhere to agreed or specified delivery times. If these are exceeded by more than six weeks, the customer has the right to set a deadline, with the indication that they will refuse acceptance of the purchase item after the deadline has expired. This deadline must be at least one month. If an agreement on a new delivery date is not reached thereafter, the customer can withdraw from the contract in writing after the deadline has expired. In cases of slight negligence, damages are limited to a maximum of 5% of the purchase price and only include compensation for direct damages, but not for lost profits or other indirect damages. Further claims by the customer, in particular for delivery, are excluded. 
3. Transfer of risk
The risk passes to the customer as soon as the goods have been handed over to the carrier and have left the warehouse. This also applies if Aponsi has taken over the transport costs. The customer must assert any complaints due to transport damage directly to the transport company within the prescribed deadlines. For shipments from the customer to Aponsi, the customer bears all risks, in particular the transport risk, until the goods arrive at VAKT-GmbH, Alte Poststrasse 1, 57629 Lochum. 
4. Payment
Aponsi's claims are due immediately and payable without deduction. From the 30th day after the invoice date, Aponsi is entitled to charge interest on arrears of 3% above the respective discount rate of the European Central Bank, unless Aponsi proves higher interest on arrears or the buyer proves a lower burden. Checks are only accepted as payment. Any expenses are borne by the customer. Offset is only permissible with undisputed or legally established claims. The customer can only assert a right of retention insofar as it is based on the same contractual relationship. 
5. Complaints and warranty
Complaints due to delivery quantity, material defects, incorrect deliveries, and quantity deviations must be made in writing immediately, at the latest within one week of receiving the goods, insofar as they can be determined by reasonable inspection. The warranty period is six months from receipt of the goods. In the event of justified complaints, Aponsi will subsequent deliver missing quantities and, otherwise, exchange the goods, take them back, or grant a price reduction at its discretion. If the replacement delivery is also defective, the buyer has the right to rescind or reduce the purchase price. The warranty for devices is limited to subsequent improvement. 
6. Retention of title
The purchase item remains the property of VAKT-GmbH until all claims have been fully paid. This also applies to claims acquired later, e.g., from repairs or other services. During the retention of title, the buyer is entitled to possession and contractual use, provided they meet their obligations on time. For computer programs, the buyer is generally granted a simple, unlimited right of use and the right to create a backup copy, insofar as this does not contradict the license terms. The customer is obligated to provide Aponsi with all necessary information for pursuing rights. 
7. Data protection
Aponsi is authorized to collect, store, and process the customer's personal data required in the context of the business relationship. 
8. Salvatory clause and place of jurisdiction
The ineffectiveness of individual points does not affect the effectiveness of the remaining provisions. A new provision that comes as close as possible economically replaces an ineffective provision. The place of fulfillment and jurisdiction for contracts is Lochum. 

9. Freelancer and partner deployment
9.1 Scope of services: Freelancers and partners provide the agreed services according to the project assignment, service description, and agreed deadlines. Changes require written confirmation from Aponsi. 
9.2 Monitoring: Aponsi monitors freelancers and partners based on agreed performance indicators (e.g., availability, time recording, adherence to deadlines). On request, the customer receives reports on project progress. 
9.3 Defects or failure: If the customer reports significant defects, delays, or failures, Aponsi will inform them immediately. Aponsi will, if possible, provide replacement or subsequent improvement within a reasonable deadline.  9.4 Liability for SLA violations: Aponsi is only liable for damages caused intentionally or grossly negligently. Liability for indirect damages, lost profits, or delays caused by freelancers or partners is excluded. 
9.5 Substitute measures: If a freelancer or partner fails permanently or does not provide services in accordance with the contract, Aponsi can provide replacement or adjust the deployment at its discretion.​​  ​​