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Terms and Conditions - This page is currently under construction
General Terms and Conditions (GTC)
Audit Guards – Your Experts in Information Security, AI Solutions, and Digital Forensics
§1 Scope
1.1. These General Terms and Conditions (GTC) apply to all contracts, services, and products provided by Audit Guards GmbH (hereinafter referred to as the "Provider").
1.2. Deviating terms and conditions of the customer will not be recognized unless the Provider expressly agrees to their validity in writing.
1.3. The GTC apply to all future business relationships, even if they are not explicitly agreed upon again.
§2 Services of the Provider
2.1. The Provider develops customized AI solutions for information security, including applications for IS audits, supplier audits, technical data protection solutions, and digital forensics.
2.2. The Provider advises companies on information security management, technical data protection measures, and artificial intelligence.
2.3. Training and workshops are offered on topics such as digital forensics, AI applications, operating system forensics, and technical data protection.
2.4. Upon customer request, the Provider conducts security assessments, penetration tests, IS audits, and incident response services.
2.5. Services can be provided on-site or remotely, as agreed with the customer.
§3 Conclusion of Contract
3.1. A contract between the Provider and the customer is concluded upon acceptance of a written or electronic offer from the Provider.
3.2. Changes or additions to the contract require the written consent of both parties.
§4 Prices and Payment Terms
4.1. All prices are net, plus the applicable statutory VAT.
4.2. The customer is obligated to pay the prices agreed upon in the contract according to the specified payment terms.
4.3. In the event of payment default, the Provider is entitled to charge interest on arrears at a rate of 9% above the base interest rate of the European Central Bank.
4.4. Additional services not explicitly listed in the contract will be billed based on actual time spent at the currently valid hourly rates of the Provider.
§5 Obligations of the Customer
5.1. The customer ensures that the Provider receives all necessary information, documents, and access required to perform the agreed services.
5.2. The customer is responsible for the security of their own IT systems and agrees to comply with the security requirements and instructions of the Provider.
§6 Liability
6.1. The Provider is only liable for damages if they are caused intentionally or through gross negligence. For slight negligence, the Provider is only liable for the breach of essential contractual obligations.
6.2. The liability of the Provider is limited to the typically foreseeable damage.
6.3. The Provider is not liable for data loss unless it is caused by gross negligence or intentional misconduct on the part of the Provider.
6.4. Claims for damages by the customer expire within one year of becoming aware of the damage.
§7 Confidentiality and Data Protection
7.1. Both parties commit to treating all confidential information obtained during the contractual relationship as strictly confidential.
7.2. The Provider processes the customer's personal data exclusively in accordance with applicable data protection laws.
§8 Copyright and Usage Rights
8.1. All software solutions, reports, analyses, and training materials developed as part of the contractual services remain the property of the Provider unless otherwise agreed.
8.2. The customer receives a simple, non-transferable usage right for the provided materials and software solutions.
§9 Termination
9.1. Contracts may be terminated by either party with a notice period of four weeks to the end of the month, unless otherwise agreed.
9.2. The right to extraordinary termination for good cause remains unaffected.
§10 Jurisdiction and Applicable Law
10.1. The laws of the Federal Republic of Germany apply exclusively.
10.2. The place of jurisdiction for all disputes arising from the contractual relationship is the location of the Provider's headquarters.
§11 Severability Clause
Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic intent of the invalid provision.
Audit Guards – Your Experts in Information Security and AI Solutions