Table of contents

1. Scope of application and
   contractual partners

2. Subject matter of the contract

3. Conclusion of contract

4. Service description and changes

5. Prices and terms of payment

6. Delivery and transfer of risk

7. Right of withdrawal for consumers

8. Warranty and liability for defects

9. Limitation of liability

10. Copyrights and rights of use

11. Data protection and data security

12. Open source software license and terms of use

13. Contract duration and termination

14. Offsetting and right of retention

15. Force majeure

16. Confidentiality

17. Citation of references

18. Changes to the GTC

19. Final provisions

1 Scope of application and contractual partners

1.1 These General Terms and Conditions (hereinafter “GTC”) apply to all contracts between TAK Hub e.K., owner Marcel Neuroth, Dierath 66, 51399 Burscheid (hereinafter “Provider”) and its customers (hereinafter “Customer”) for the provision of services, the sale of goods and the use of software in connection with the ATAK system.

1.2 These GTC apply exclusively. Deviating, conflicting or supplementary GTC of the Customer shall only become part of the contract if the Provider has expressly agreed to their validity.

2 Subject matter of the contract

2.1 Depending on the agreement, the subject matter of the contract is the provision of services (in particular training and consulting), the sale of hardware and accessories and the provision of software in connection with the ATAK system.

2.2 The exact description of the services to be provided can be found in the respective service description, the offer or the order confirmation of the provider.

3 Conclusion of contract

3.1 The presentation of the products and services on the Provider’s website does not constitute a legally binding offer, but an invitation to order.

3.2 The customer may submit an offer to conclude a contract by telephone, in writing or by e-mail.

3.3 The Provider may accept the Customer’s offer within 5 working days:

a) by sending a written order confirmation or an order confirmation in text form (e-mail), or
b) by delivering the goods to the customer, or
c) by requesting payment from the customer.

3.4 When ordering via the online order form, confirmation of receipt of the order does not constitute acceptance of the offer. The contract is only concluded when an order confirmation is sent or the goods are delivered.

4 Service description and changes

4.1 The scope of the services to be provided by the provider is set out in the respective service description at the time of the order.

4.2 The Provider reserves the right to make changes or additions to the service description at any time, provided this is reasonable for the Customer. The provider will inform the customer of such changes in text form at least 4 weeks before they come into force.

4.3 If the customer does not object to the change within a period of 2 weeks from receipt of the notification of change, their consent to the changes shall be deemed to have been granted. The provider shall inform the customer of the consequences of failing to object in the notification of change.

5 Prices and terms of payment

5.1 All prices are in euros plus the applicable statutory value added tax.

5.2 Payment shall be made by bank transfer, credit card or another agreed method of payment. The provider reserves the right to exclude certain payment methods.

5.3 Invoices are payable within 14 days of invoicing without deduction, unless otherwise agreed.

5.4 In the event of late payment, the Provider is entitled to charge interest on arrears at a rate of 9 percentage points above the prime rate. The right to claim higher damages for default remains reserved.

5.5 The customer only has a right to offset if his counterclaims have been legally established or recognized by the provider.

6 Delivery and transfer of risk

6.1 Physical products shall be delivered to the delivery address specified by the customer.

6.2 The risk of accidental loss and accidental deterioration of the goods shall pass to the customer or a third party designated by the customer when the goods are handed over. In the case of entrepreneurs, the risk shall already pass upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

6.3 Delivery dates are non-binding unless they have been expressly agreed as binding.

7 Right of withdrawal for consumers

7.1 Consumers have a statutory right of withdrawal. The details can be found in the cancellation policy, which is communicated to the customer separately.

7.2 The right of withdrawal does not apply to contracts for the delivery of software that is not delivered on a physical data carrier.

8 Warranty and liability for defects

8.1 The statutory warranty rights shall apply.

8.2 In the event of defects in the goods delivered or services provided, the customer initially has the right to subsequent performance. The provider may, at its discretion, remedy the defect or deliver a defect-free item.

8.3 If the supplementary performance fails, the customer may, at his discretion, reduce the purchase price or withdraw from the contract.

8.4 The warranty period for new goods is 2 years, for used goods 1 year from delivery of the goods. This period shall not apply to claims for damages by the customer arising from injury to life, limb or health or from intentional or grossly negligent breaches of duty by the provider or its vicarious agents, which shall become statute-barred in accordance with the statutory provisions.

9 Limitation of liability

9.1 The provider is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health, which are based on a negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider.

9.2 The Provider shall only be liable for slight negligence in the event of a breach of a material contractual obligation (cardinal obligation) and limited to the foreseeable damage typical of the contract. An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.

9.3 The above limitations of liability do not apply to claims under the Product Liability Act.

10 Copyrights and rights of use

10.1 All content created by the Provider, in particular texts, images, graphics, videos, training materials and software, are protected by copyright.

10.2 The customer receives a simple, non-transferable right to use this content for the contractually agreed purpose.

10.3 Reproduction, distribution or public access to this content is not permitted without the express written consent of the provider.

11 Data protection and data security

11.1 The Provider collects and processes the Customer’s personal data in order to fulfill its contractual obligations. The details of data processing can be found in the Provider’s privacy policy, which is available at [link to privacy policy].

11.2 The customer is obliged to keep his access data (in particular passwords) secret and to protect them from access by third parties.

12 Open source software license and terms of use

12.1 The ATAK software provided by the Provider is open source software and is licensed under an open source license. The exact license terms can be viewed at [link to license].

12.2 The Customer is granted the non-exclusive, temporally and spatially unlimited right to use, copy, distribute and modify the software for its own purposes, as long as this is done in accordance with the terms of the open source license.

12.3 The Provider is entitled to provide training and advice on the use of the software and to charge a fee for this.

12.4 The provider is not permitted to resell the open source software itself commercially. However, the provision of services in connection with the software is permitted.

12.5 The Provider assumes no warranty for the suitability of the software for a specific purpose. The use of the software is at the customer’s own risk.

12.6 Updates and support for the software are provided in accordance with the open source community. The Provider may offer additional support as a fee-based service.

13 Contract duration and termination

13.1 The duration of the contract shall depend on the respective agreement between the Provider and the Customer.

13.2 In the case of continuing obligations without an agreed contract term, the contract may be terminated by either party with one month’s notice to the end of the month.

13.3 The right to extraordinary termination for good cause remains unaffected.

13.4 Terminations must be made in writing.

14 Offsetting and right of retention

14.1 The customer only has a right of set-off if his counterclaims have been legally established or recognized by the provider.

14.2 The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

15 Force majeure

15.1 The Provider shall not be liable for the impossibility or delay of its services if these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract for which the Provider is not responsible.

15.2 Events of force majeure include, in particular, war, natural disasters, strikes, lockouts, official orders, the failure of communication networks and gateways of other operators as well as disruptions in the area of other telecommunications or service providers.

16 Confidentiality

16.1 The contracting parties undertake to treat all knowledge of confidential information and trade secrets of the other contracting party obtained in the course of the initiation and execution of the contract as confidential for an unlimited period of time and to use it only for the purpose of executing this contract.

17. naming of references

17.1 The Provider is entitled to name the Customer as a reference and to use the Customer’s logo for this purpose, unless the Customer objects in writing.

18 Amendments to the GTC

18.1 The Provider reserves the right to amend these GTC at any time. The amended terms and conditions will be sent to the customer by e-mail at least four weeks before they come into force.

18.2 The amended GTC shall be deemed accepted if the customer does not object in writing within two weeks of receipt of the notification of amendment. The Provider shall inform the Customer of the consequences of failing to object in the notification of amendment.

19 Final provisions

19.1 The place of performance and exclusive place of jurisdiction for all disputes arising from and in connection with this contract is, as far as legally permissible, the registered office of the Provider.

19.2 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

19.3 Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.

19.4 All amendments, supplements and terminations of contractual agreements must be made in writing. This also applies to the amendment or termination of this clause. Electronic documents in text form do not fulfill the written form requirement.

19.5 The contractual language is German. Translations into other languages are for information purposes only. In the event of contradictions between the German text and the translation, the German text shall take precedence.

19.6 The provider is not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

19.7 If you have any questions about these GTC, please contact us at:

TAK Hub e.K. Owner: Marcel Neuroth, Dierath 66, 51399 Burscheid
E-mail: info@takhub.de
Phone: +49 (0) 152 238 592 34

Status: 13.12.2024