§1
Scope
(1) These Terms and Conditions (hereinafter "T&C") apply to all
business relationships between WM Best Service GmbH, Boldtstraße 5,
44147 Dortmund (hereinafter "Contractor") and the customer (hereinafter "Client").
(2) Any deviating, conflicting or supplementary terms and conditions of the
Client shall only become part of the contract if and to the extent that the Contractor
has expressly agreed to their validity in writing.
(3) These T&C shall also apply if the Contractor performs the service without reservation
while being aware of conflicting or deviating terms of the Client.
§2
Scope of Services
(1) The scope of the respective services results from the written
service description (offer, contract or project description).
(2) The Contractor provides in particular IT services in the following areas:
- Information security & compliance (ISMS, ISO 27001, NIS2)
(3) Changes or extensions to the scope of services require the written form.
§3
Offers and Conclusion of Contract
(1) Offers made by the Contractor are non-binding and subject to change, unless they are
expressly marked as binding.
(2) A contract is only concluded upon the Contractor's written order confirmation
or through actual performance of the service.
§4
Remuneration and Payment Terms
(1) The remuneration is based on the respective offer or the agreed
hourly or daily rate. All prices are exclusive of the statutory
value added tax.
(2) Invoices are due for payment within 14 days of the invoice date without
deduction.
(3) If the Client falls into default of payment, the Contractor is entitled
to demand default interest at a rate of 9 percentage points above the base interest rate pursuant to § 247 BGB
in transactions with entrepreneurs.
§5
Client's Duties to Cooperate
(1) The Client shall provide the Contractor with all information, documents and access
required for the performance of the service in good time and free of charge
at no cost.
(2) The Client shall designate a responsible contact person who is
authorized to make decisions within the scope of the project.
(3) Delays attributable to a lack of cooperation on the part of the Client
shall not be to the detriment of the Contractor.
§6
Confidentiality and Data Protection
(1) Both contracting parties undertake to treat all confidential information
obtained from the other party in the course of the cooperation as confidential
and not to disclose it to third parties.
(2) This obligation shall continue to apply beyond the termination of the
contractual relationship.
(3) The data protection provisions in accordance with the GDPR are observed. For further details,
please refer to our
Privacy Policy.
§7
Liability
(1) The Contractor is liable without limitation for intent and gross negligence.
(2) In the event of slight negligence, the Contractor is only liable for the breach
of material contractual obligations (cardinal obligations), limited to the foreseeable,
contract-typical damage.
(3) Liability is limited in amount to the respective net order value,
but no more than 100.000 EUR per claim.
(4) The above limitations of liability do not apply in the event of injury to life,
body and health.
§8
Contract Term and Termination
(1) Project contracts end upon completion of the project, unless otherwise agreed.
(2) Continuing obligations may be terminated by either party with a notice period of
three months to the end of the month, unless otherwise agreed.
(3) The right to extraordinary termination for good cause remains
unaffected.
§9
Final Provisions
(1) The law of the Federal Republic of Germany applies.
(2) The place of jurisdiction for all disputes arising from this contract is, to the extent legally
permissible, the registered office of the Contractor (Dortmund).
(3) Should individual provisions of these T&C be or become invalid, this shall
not affect the validity of the remaining provisions.
(4) There are no verbal side agreements. Amendments and additions to these T&C
require the written form.
// As of: April 2026 | WM Best Service GmbH
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