Standard Terms and Conditions of Sale of 36T Solutions UG (limited liability)

1. Scope of Application

These Standard Terms and Conditions apply to all contracts, deliveries, and other services between 36T Solutions UG (limited liability) – hereinafter “36T Solutions” – and its customers, unless otherwise expressly agreed in writing.

2. Conclusion of Contract

All offers made by 36T Solutions are non-binding and subject to change. A contract is concluded only upon written confirmation of the order or the commencement of service provision.

3. Exclusion of the Customer’s Own Terms

The customer expressly waives the application of any standard terms and conditions that conflict with these terms, even if such terms were formulated or modified after the conclusion of the contract. Any deviations must be expressly agreed upon in writing in advance by 36T Solutions.

4. Services and Scope of Service

36T Solutions provides IT services as defined in the respective contract or offer. No guarantee for a specific outcome is provided. The services will be rendered with due care and diligence.

5. Payment Terms

Unless otherwise agreed, our invoices are due for payment within 21 working days from the invoice date without any deductions. In the event of late payment, 36T Solutions is entitled to charge a flat interest of 10% of the outstanding amount and to suspend all services until full settlement of the outstanding claims.

6. Default, Interest, and Debt Collection

If an invoice remains overdue for more than 60 days, 36T Solutions reserves the right to engage a debt collection agency. All costs incurred in enforcing the claims, including legal fees, shall be borne by the customer.

7. Withholding Taxes

Where the customer is legally obliged to withhold taxes at source in their country, the customer shall remit these amounts to the appropriate tax authorities. Under no circumstances shall 36T Solutions be liable for any such deductions or additional costs arising from the customer’s national legislation.

8. Liability and Limitation of Performance

36T Solutions shall be liable for damages only in cases of intent or gross negligence. In the case of ordinary negligence, liability shall arise only upon breach of a fundamental contractual obligation (“cardinal obligation”) and, if applicable, be limited to the typically foreseeable damages. Under no circumstances shall 36T Solutions be required to act as a third party in any claims for damages made against the customer by an end consumer.

9. Notification of Defects and Claims for Damages

Any claims regarding the delivered services must be submitted in writing by registered mail to the registered office of 36T Solutions within 8 days of receipt of the services. Failure to do so shall be deemed as acceptance of the services. Claims for damages against 36T Solutions shall only be effective if asserted in writing within this period.

10. Data Protection, Confidentiality, and Copyright

36T Solutions is committed to treating all information acquired in the context of the business relationship as confidential. The use, reproduction, and distribution of copyrighted content, software, and documentation are limited strictly to the scope of the contracted services. Data protection is governed by the GDPR and applicable national data protection laws.

11. Force Majeure

If the performance of contractual obligations is impaired by force majeure, strikes, riots, official orders, or other unforeseeable events, 36T Solutions is entitled to resume service provision at a later time. Liability for delays or non-performance due to such events is excluded.

12. Final Provisions

All contractual relationships shall be governed exclusively by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive jurisdiction for all disputes arising from or in connection with these contractual relations shall, as far as legally permissible, be the registered office of 36T Solutions.

Any amendments or additions to these Terms and Conditions must be made in writing. Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected. In place of any invalid provision, a regulation that comes closest to the economic purpose of the invalid provision shall apply.