Terms & Conditions
For consulting, analysis and implementation services provided by Agentic GmbH to entrepreneurs within the meaning of § 14 BGB.
§ 1 Scope
These General Terms and Conditions (T&C) apply to all contracts between Agentic GmbH ("Agentic"), and its clients ("Client") concerning consulting, analysis, conception and implementation services in the area of strategy and AI. Deviating client terms shall only become effective with Agentic's express written consent.
§ 2 Conclusion of contract
Offers from Agentic are non-binding. A contract is concluded upon written order confirmation or by the start of performance after acceptance of an offer by the Client. A free initial consultation (e.g. discovery call) does not constitute a paid contract.
§ 3 Scope of services
The scope of services is set out in the respective offer or Statement of Work (SoW). Agentic owes an activity and not a specific commercial result (service contract under §§ 611 et seq. BGB), unless work-and-services performance is expressly agreed. Agentic is entitled to engage suitable subcontractors.
§ 4 Client cooperation duties
The Client shall provide in good time all information, documents, contacts and access required to perform the services. Delays resulting from missing cooperation are not attributable to Agentic.
§ 5 Fees and payment
Fees are based on the respective offer. All prices are net plus statutory VAT. Unless otherwise agreed, invoices are due for payment without deduction within 14 days of receipt. Statutory default interest applies in case of late payment.
§ 6 Rights of use
Upon full payment of the agreed fee, the Client receives a simple, unrestricted right (in time and territory) to use the work results created within the project for the purposes set out in the contract. Pre-existing methods, frameworks, tools and know-how of Agentic remain Agentic's property.
§ 7 Confidentiality
The parties undertake to keep secret all information marked as confidential or recognisably confidential and to use it only to perform the contract. This obligation continues beyond the end of the contract.
§ 8 Data protection
Where Agentic processes personal data on behalf of the Client, the parties shall conclude a separate data processing agreement under Art. 28 GDPR. Otherwise, Agentic's privacy policy applies.
§ 9 Liability
Agentic is liable without limitation for intent and gross negligence and for damages arising from injury to life, body or health. For ordinary negligence, Agentic is only liable for breach of essential contractual duties (cardinal duties) and limited to damages typically foreseeable. Any further liability is excluded.
§ 10 Term and termination
The term is set out in the individual contract. Both parties are entitled to terminate the contract extraordinarily for good cause. Services already rendered shall in any case be remunerated.
§ 11 Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Exclusive place of jurisdiction for all disputes arising from this contract is — to the extent legally permissible — the registered seat of Agentic. Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected.