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 explicit 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 in the context of projects is permitted, provided it does not affect 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, indicating that they will refuse to accept 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 then not reached, 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 direct damages, not lost profits or other indirect damages. Further claims by the customer, in particular for delivery, are excluded.
3. Passing 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 against 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 demand 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. An 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, defects, incorrect deliveries, and deviations in quantity 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 case of justified complaints, Aponsi will subsequent deliver missing quantities and, at its discretion, either exchange the goods, take them back, or grant a price reduction. If the replacement delivery is also defective, the buyer has the right to withdraw from or reduce the contract. 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 settled. This also applies to claims acquired subsequently, e.g., from repairs or other services. During the retention of title, the buyer is entitled to possession and contractual use, provided they comply with 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 obliged to provide Aponsi with all necessary information for the prosecution of 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. In place of an ineffective provision, a new provision is inserted that comes as close as possible economically. 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 order, service description, and agreed deadlines. Changes require the written confirmation of 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 the project progress.
9.3 Defects or Failure: If the customer reports significant defects, delays, or failures, Aponsi informs them immediately. Aponsi ensures replacement or subsequent improvement within a reasonable period, if possible.
  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 by freelancers or partners is excluded.
9.5 Replacement Measures: If a freelancer or partner fails permanently or does not provide services in accordance with the contract, Aponsi can provide replacement at its discretion or adjust the deployment.