General Terms and Conditions (GTC) of bytes Coding GmbH

  1. Introduction and definitions

1.1 Service portfolio of bytes Coding GmbH

bytes Coding GmbH provides a wide range of services covering various business areas. In detail, these services include

  • ConsultingThis includes both technical and strategic consulting aimed at helping clients solve specific problems or optimize their business processes.
  • TutoringTutoring services cover a wide range of topics and cover both simple and complex subjects. This includes individually tailored learning units in various subject areas that meet the specific needs of each customer.
  • Graphic designOur graphic design services include the creation of visual content that meets the client's aesthetic requirements and communication goals. This includes the design of logos, brochures, web designs and other visual media.
  • Software developmentWe offer customized software solutions that are precisely tailored to the customer's specifications. This service covers the entire software development process, from design to implementation and maintenance.

1.2 Scope of the General Terms and Conditions (GTC)

The following General Terms and Conditions (GTC) apply to all contractual relationships between bytes Coding GmbH and its customers. These GTC form the contractual basis for all business relationships and comprehensively regulate the rights and obligations of the contracting parties. By accepting these terms and conditions, the customer agrees to all the provisions set out in these GTC and recognizes them as binding.

  1. Service description

2.1 Consulting services

bytes Coding GmbH offers comprehensive consulting services that cover various aspects:

  • TutoringWe offer tutoring for simple and complex subjects. Tutoring can take place at different educational levels and is designed to meet the individual learning needs of the customer.
  • Counseling sessionsThese include both face-to-face and virtual meetings in which specific customer problems are discussed and customized solutions are developed. The formats of the consultations can vary and are adapted according to the client's needs.
  • Graphic design discussionsThese are meetings in which the customer's requirements and wishes regarding graphic projects are discussed and concepts are developed.
  • Acceptance datesThese appointments serve to check and accept the completed work. The customer has the opportunity to provide feedback and request corrections if necessary.

2.2 Software development

bytes Coding GmbH develops software products strictly in accordance with the specifications provided by the customer when placing the order. The following regulations apply:

  • RequirementsAll requirements specified by the customer shall be implemented with the utmost precision. In the event of ambiguities that have not been explicitly clarified, bytes Coding GmbH reserves the right to design these at its own discretion.
  • Freedom of designIn the case of unclear or unspecified requirements, bytes Coding GmbH will use its creative freedom to develop the best possible solution. This approach enables flexible and creative implementation of software projects.

2.3 Prices

The prices for the services offered by bytes Coding GmbH are published on our website and can be found on the respective invoices. The following principles apply:

  • TransparencyThe prices stated on the website are binding and non-negotiable. The customer can obtain information about the current prices at any time.
  • Fixed price guaranteeSubsequent changes to prices are excluded. The price agreed at the time the order is placed shall remain valid for the entire duration of the contract.
  1. Conclusion of contract

3.1 Formation of the contract

A contract between the customer and bytes Coding GmbH is concluded through the following steps:

  • RequestThe customer makes a request for one or more services from bytes Coding GmbH. This can be done in writing, by telephone or via the bytes Coding GmbH website.
  • Confirmationbytes Coding GmbH shall confirm the customer's request in writing or by e-mail. Upon confirmation by bytes Coding GmbH, the contract shall be deemed to have been concluded.

3.2 Declaration of consent

By booking an appointment, the customer agrees to these General Terms and Conditions (GTC) and confirms that he/she has read and understood them. This consent is given by the following measures:

  • Active consentThe customer must actively confirm that they have taken note of the GTC. This can be done by clicking on a corresponding field on the website or by written confirmation.
  • LiabilityThis consent makes the GTC binding and an integral part of the contract.
  1. Prices and terms of payment

4.1 Final prices

The prices quoted are final prices that include all costs and taxes incurred. These prices are binding and apply for the entire duration of the contract. The final prices are defined as follows:

  • Inclusive pricesAll prices quoted include all statutory taxes and other charges. There are no additional costs for the customer.
  • LiabilityThe prices stated on the bytes Coding GmbH website are binding and are shown accordingly in the respective invoices. Subsequent price changes are excluded.

4.2 Terms of payment

Payments shall be made in accordance with the conditions set out in the contract. bytes Coding GmbH accepts the following payment methods, provided they are available and offered by the provider:

  • Bank transferThe customer can pay the invoice amount by bank transfer. The required bank details are indicated on the respective invoice.
  • Credit cardPayments can also be made with major credit cards. The customer is obliged to provide correct and complete credit card details in order to ensure smooth processing.
  • PayPalAlternatively, the customer can pay the invoice amount via PayPal. This requires a valid PayPal account.

4.3 Default of payment

A reminder fee shall be charged in the event of late payment. The default interest is 5 percentage points above the base interest rate. The following regulations apply in the event of late payment:

  • Dunning procedureIn the event of late payment, the customer shall receive a reminder stating the outstanding payment and the reminder fee due. The customer is obliged to pay the outstanding amount and the reminder fee immediately.
  • Interest on arrearsIn addition to the reminder fee, default interest of 5 percentage points above the base interest rate will be charged. This interest on arrears shall accrue from the time of default in payment and shall be borne by the customer.

4.4 Due date of invoices

The prices for the services of bytes Coding GmbH are stated on the website and can be found on the respective invoices. Invoices are due immediately upon receipt, unless otherwise agreed. The due date of invoices is handled as follows:

  • Immediate maturityAll invoices are payable immediately upon receipt without deduction. The customer is obliged to pay the invoice amount immediately.
  • Deviating agreementsIf a different payment deadline has been agreed, this shall be expressly noted in the invoice and shall be binding accordingly.
  1. Cancellation and right of withdrawal

5.1 Cancellation of appointments

The customer has the right to cancel booked appointments up to 24 hours before the agreed date. Cancellation can be made in writing, by e-mail or by telephone. The customer shall not incur any costs in the event of cancellation within this period. If the cancellation is not made within this period, the full fee for the appointment must be paid.

5.2 Exclusion of the right of withdrawal

Revocation of the contract is no longer possible after the client or a representative of the client has entered the meeting or after acceptance of the order. This applies in particular to orders for software development where work begins immediately after the order is placed. The customer's right of revocation expires completely when the service begins.

5.3 Expiry of the right of withdrawal

The right of revocation shall expire upon attendance at the agreed appointment or upon acceptance of the order by bytes Coding GmbH. As soon as the customer or a representative of the customer attends an appointment or bytes Coding GmbH has started to execute the order, revocation of the contract shall be excluded.

5.4 Non-refundable hours

Lessons that have already been booked are non-refundable. If a complete course is canceled, the customer is obliged to pay the fees for the current month in full, regardless of the number of remaining lessons. This means that the full monthly fee must be paid, even if not all lessons have been taken.

5.5 Cancellation of fixed hourly quotas

When booking a fixed number of hours, it is not possible to cancel the remaining hours. The customer undertakes to pay for all hours booked, even if these are not fully utilized. This regulation ensures that bytes Coding GmbH can plan and adhere to the time reserved for the customer accordingly.

  1. Right of publication

6.1 Consent to publication

The customer hereby expressly agrees that its projects or orders may be publicly viewed on GitHub and other platforms that are for the benefit of bytes Coding GmbH. This consent includes the publication of source codes, designs and other work results created within the scope of the order. bytes Coding GmbH shall be entitled to publish these work results and make them accessible to the public without further consent from the customer. This regulation serves to demonstrate the capabilities and services of bytes Coding GmbH and contributes to the transparency and traceability of the services provided.

6.2 Revocation of the publication

The customer has the right to object to the publication of his projects or orders. This requires an explicit written revocation. This revocation must be sent by e-mail to info@bytes-coding.com. The revocation must be clearly and unambiguously formulated and clearly state the specific projects or orders whose publication is to be revoked. Only after receipt and written confirmation of the revocation by bytes Coding GmbH will the publication of the work results in question be reversed. bytes Coding GmbH will take all necessary steps to remove the relevant content from the platforms on which it was published.

  1. Cancellation of complete courses

7.1 Termination in due time

The customer has the right to cancel complete courses by giving at least one day's notice before the start of the next calendar month. Notice of termination must be given in writing and must be received by bytes Coding GmbH in good time. Written notices of termination can be sent by e-mail or by post. The customer is recommended to request a confirmation of receipt of the termination in order to avoid misunderstandings and to be able to prove that the termination was received on time.

7.2 Payment for the current month

The fees for the current month are non-refundable. This means that the customer is obliged to pay the full monthly fee, even if notice of termination has been given in due time. A refund of the fees already paid for the current month is excluded, regardless of whether or not all the lessons included in the complete course have been taken. This regulation ensures that bytes Coding GmbH can adhere to its plans and resources in accordance with the booked scope.

  1. Obligations of the customer

8.1 Provision of necessary information

The customer shall be obliged to provide bytes Coding GmbH with all information, data and access necessary for the performance of the commissioned services in good time and in full. This includes in particular, but not exclusively, all technical data, access data to IT systems, necessary software licenses and all other relevant information required for the proper provision of the contractually agreed services. The timely provision of this information is essential for the timely and successful execution of the order. Delayed or incomplete information may lead to delays and additional expenses for which bytes Coding GmbH accepts no responsibility.

8.2 Responsibility for accuracy

The customer bears sole responsibility for the accuracy, completeness and timeliness of the information provided. bytes Coding GmbH shall not be liable for delays, additional costs or other damages caused by incomplete, incorrect or outdated information provided by the customer. It is the responsibility of the customer to regularly check all information provided and to ensure that it is correct and up to date. Should subsequent changes or additions prove necessary, the customer shall be obliged to inform bytes Coding GmbH immediately and to provide the necessary updated information. Any liability of bytes Coding GmbH for damages or delays caused by incorrect or incomplete information provided by the customer is expressly excluded.

  1. Liability and warranty

9.1 Liability for gross negligence and intent

bytes Coding GmbH shall only be liable for damages caused by gross negligence or willful misconduct. Liability for simple negligence is excluded, unless it concerns the violation of essential contractual obligations (so-called cardinal obligations). Cardinal obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely. In the event of a breach of such cardinal obligations, the liability of bytes Coding GmbH shall be limited to the typically foreseeable damage.

9.2 Warranty in accordance with statutory provisions

The warranty for the services and products provided by bytes Coding GmbH shall be governed by the statutory provisions of the Federal Republic of Germany. In the event of defects, the customer shall be entitled to subsequent performance, i.e. to rectification of defects or replacement delivery. However, the customer must complain about these immediately after acceptance of the product or service. Should the supplementary performance fail or be disproportionate, the customer shall be entitled to a reduction of the purchase price or withdrawal from the contract. The statutory warranty periods begin with the delivery of the work or service and are binding.

9.3 Exclusion of warranty and liability

bytes Coding GmbH expressly provides no guarantee for the services or products it provides. Any further liability for damages not caused by gross negligence or intent is excluded. This applies in particular to consequential damages, loss of profit or other financial losses suffered by the customer. The exclusions and limitations of liability in these General Terms and Conditions do not apply to damages resulting from injury to life, limb or health or to claims arising from the Product Liability Act.

  1. Copyrights and rights of use

10.1 Copyrights

All copyrights to the works created by bytes Coding GmbH shall remain exclusively with bytes Coding GmbH. This includes all creative works, including, but not limited to, software, design, graphics and texts created as part of the contractually agreed services. The customer shall not receive any ownership rights to these works unless expressly agreed otherwise in writing. bytes Coding GmbH reserves all rights, including the publication, reproduction, distribution and other use of the works. Any use of the works by the customer that goes beyond the contractually agreed purpose shall require the prior written consent of bytes Coding GmbH.

10.2 Rights of use

The customer shall receive a simple, non-exclusive and non-transferable right to use the software products and content created by bytes Coding GmbH. This right of use is strictly limited to the contractually agreed purpose. Without the express written consent of bytes Coding GmbH, the customer shall not be entitled to pass on, reproduce, modify or distribute the created works to third parties. Any use beyond this, in particular commercial exploitation, shall require the express written consent of bytes Coding GmbH. The customer undertakes to observe and protect the copyrights of bytes Coding GmbH in any use of the works. In the event of unauthorized use or disclosure of the works, bytes Coding GmbH reserves the right to take legal action and assert claims for damages.

  1. Cancellation and termination of contract

11.1 Ordinary termination

Both contracting parties have the right to terminate the contract in writing by giving one month's notice to the end of the month. The contract may be terminated without stating reasons. This provision enables both parties to terminate the contractual relationship at a fixed point in time, provided this is in accordance with the contractual obligations. The notice of termination must be made in writing and becomes effective upon receipt by the other party.

11.2 Extraordinary termination

Extraordinary termination of the contract is possible for good cause, in particular in the event of gross breaches of duty by one of the contracting parties. Gross breaches of duty are those that permanently destroy the trust of the other contracting party and make it unreasonable to continue the contract. Examples of this are significant breaches of contract, the non-fulfilment of significant contractual obligations or the repeated non-payment of due invoices despite reminders. Extraordinary termination must be in writing and shall take effect immediately upon receipt by the other contracting party.

11.3 Automatic end of contract

The contract ends automatically upon termination of the business relationship or upon completion of the order by the respective client. The contract shall also end if the Contractor expressly rejects the order. This means that the contract is terminated without further action by one of the parties if the contractually agreed services have been provided in full or the business relationship is terminated for other reasons. A separate notice of termination is not required in these cases.

  1. Dispute resolution and place of jurisdiction

12.1 Amicable dispute resolution

The aim is to settle all disputes arising from or in connection with this contract by mutual agreement. Both contracting parties undertake to first hold talks in order to reach an amicable agreement before taking legal action. This procedure serves to resolve conflicts quickly and cost-effectively and to maintain the business relationship. If the parties are unable to find an amicable solution, they can take the matter to the ordinary courts.

12.2 Place of jurisdiction

The place of jurisdiction for all disputes arising from or in connection with this contract shall be the registered office of bytes Coding GmbH. This means that all legal disputes shall be heard by the competent courts at the registered office of bytes Coding GmbH. This provision shall apply if the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law. Otherwise, the statutory provisions regarding the place of jurisdiction shall apply.

These provisions guarantee a clear and fair regulation of the rights and obligations of both contracting parties and contribute to legal certainty and transparency. By determining the place of jurisdiction, efficient and competent handling of legal disputes is ensured.

  1. Severability clause

Should any provision of these General Terms and Conditions (GTC) be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions of these GTC. The invalid or unenforceable provision shall be deemed to be replaced by a provision that comes closest to the economic purpose of the invalid or unenforceable provision in a legally permissible manner. The same applies to any loopholes in these GTC. The parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic purpose pursued by the parties with the invalid or unenforceable provision.

  1. Amendment of the GTC

The customer will be notified of changes to these General Terms and Conditions in text form (e.g. by e-mail or in writing) in good time before they are scheduled to come into effect. The customer has the right to object to the changes within a period of 14 days from receipt of the notification. If no objection is made within this period, the changes shall be deemed approved and shall take effect on the announced date. bytes Coding GmbH shall expressly draw the customer's attention to this consequence in the notification of change. If the customer objects in due time, both parties have the right to terminate the contract extraordinarily with a notice period of one month. The original GTC shall continue to apply until the contract is terminated.

  1. Applicable law

All legal relationships between bytes Coding GmbH and the customer shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This shall also apply if the customer is domiciled abroad or if the contract is fulfilled abroad. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be the registered office of bytes Coding GmbH, provided that the customer is a merchant, a legal entity under public law or a special fund under public law. Otherwise, the statutory place of jurisdiction shall apply.

These provisions serve to clarify and simplify the legal relationship between the parties and contribute to legal certainty. By accepting these GTC, the parties agree to the application of German law and the agreed place of jurisdiction. Should any conflicts or questions of interpretation arise, the German legal framework shall apply and the courts at the registered office of bytes Coding GmbH shall have jurisdiction to settle any disputes.

Start of form

End of form

en_USEnglish