Allgemeine Geschäftsbedingungen (AGB)
Last Updated: November 24, 2025
These General Terms and Conditions (AGB) apply to all services provided by Lernwerkstatt Technology & Systems, a subsidiary of Lernwerkstatt Pflege, Germany (hereinafter referred to as "we" or "the Service Provider").
By using our services, you agree to these terms and conditions. These terms apply to all contracts for software development, IT consulting, system integration, and related services.
The scope of services is determined by the individual contract or project agreement. Our services include but are not limited to:
All project specifications, deliverables, timelines, and milestones will be documented in a separate project agreement or statement of work (SOW).
The client agrees to provide all necessary information, access, and cooperation required for the successful completion of the project. This includes:
If delays occur due to the client's failure to fulfill their obligations, we reserve the right to adjust project timelines and costs accordingly.
Prices are specified in the individual project agreement. Unless otherwise stated, all prices are in Euros (EUR) and exclude applicable VAT (Mehrwertsteuer).
Standard payment terms are net 14 days from the invoice date, unless otherwise agreed in writing. We reserve the right to request advance payments or milestone-based payments for larger projects.
In case of late payment, we reserve the right to charge default interest at the statutory rate (currently 9 percentage points above the base interest rate for commercial transactions) and to suspend work until payment is received.
Upon full payment, the client receives the agreed usage rights to the delivered software or solutions. Unless otherwise agreed, we retain all intellectual property rights to our development methods, tools, frameworks, and reusable components.
Solutions may include third-party components, libraries, or open-source software, which are subject to their respective licenses.
We provide a warranty period of 12 months from the date of delivery or acceptance, during which we will remedy any defects arising from our work at no additional cost.
Our liability is limited to intent and gross negligence, except in cases of injury to life, body, or health. Liability for indirect damages, consequential damages, and lost profits is excluded unless caused by intent or gross negligence.
In cases of simple negligence, our liability is limited to the project value or €50,000, whichever is lower.
Both parties agree to treat all confidential information received from the other party as strictly confidential and not to disclose it to third parties without prior written consent. This obligation continues for 3 years after the end of the contractual relationship.
We process personal data in accordance with the EU General Data Protection Regulation (GDPR/DSGVO) and the German Federal Data Protection Act (BDSG). Details can be found in our Privacy Policy (Datenschutzerklärung).
Project-based contracts run until completion of the agreed deliverables. Early termination is possible by mutual agreement or for cause.
Ongoing service contracts may be terminated with 3 months' notice to the end of a calendar quarter, unless otherwise agreed.
Both parties retain the right to terminate the contract for cause (außerordentliche Kündigung). Causes include material breach of contract, insolvency, or violation of confidentiality obligations.
We reserve the right to modify these terms and conditions. Clients will be notified of changes at least 30 days in advance. Continued use of our services after the effective date constitutes acceptance of the modified terms.
These terms and all contractual relationships are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising from or in connection with these terms is the registered office of Lernwerkstatt Technology & Systems in Germany, provided the client is a merchant, legal entity under public law, or special fund under public law.
Should individual provisions of these terms be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.