Terms and Conditions
Note: draft
This text is a draft and has not yet been legally reviewed. Until it is approved, the terms agreed in the respective offer apply.
§ 1 Scope
(1) These General Terms and Conditions apply to all contracts between rheonda UG (haftungsbeschränkt) i. G. (hereinafter “rheonda”) and its customers for engineering, consulting, training and software services.
(2) Our offer is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law.
(3) Deviating or supplementary terms of the customer only apply if rheonda expressly agrees to them in text form. Individual agreements in the offer or contract take precedence over these terms.
§ 2 Offer and conclusion of contract
(1) Offers from rheonda are non-binding unless they are expressly marked as binding.
(2) A contract is concluded when the customer accepts an offer in text form or rheonda confirms an order in text form. If rheonda starts work earlier at the customer’s request, the contract is deemed concluded when work begins.
(3) Enquiries via the website, the free initial consultation and the BIM and AI check do not yet establish a contract for paid services.
§ 3 Services
(1) The type and scope of services result from the offer or the order confirmation. Unless agreed otherwise, rheonda provides consulting and support as a service; no particular economic success is owed.
(2) If a work result is expressly agreed, such as a model, a schedule or an expert report, the rules of the contract for work apply. The customer accepts the work within 14 days of handover or reports material defects in text form.
(3) rheonda provides its services in accordance with the generally accepted rules of technology and may engage suitable subcontractors. rheonda is free to choose the way, place and time of work unless the task requires otherwise.
(4) Changes to the scope of services are agreed in text form, including their effect on fees and dates.
§ 4 Customer cooperation
(1) The customer provides, in good time and free of charge, the documents, data, access and contacts required for the services and takes necessary decisions without delay.
(2) The customer ensures that it may use the documents and data handed over and pass them on to rheonda.
(3) If the services are delayed because cooperation is missing, dates are postponed accordingly; the additional effort is remunerated at the agreed rates.
§ 5 Fees and payment
(1) Fees are based on the offer, as a fixed price or on a time and materials basis at the agreed hourly or daily rates. All prices are exclusive of statutory VAT.
(2) Travel costs and expenses are charged separately where agreed.
(3) Time and materials are invoiced monthly, fixed prices according to the agreed stages. Invoices are payable without deduction within 14 days of receipt.
(4) The customer may only set off claims that are undisputed or have been finally established by a court.
§ 6 Dates
(1) Dates and deadlines are only binding if they have been expressly agreed as binding.
(2) Events for which rheonda is not responsible, such as force majeure, extend the deadlines by the duration of the obstruction plus a reasonable start-up period.
§ 7 Rights of use
(1) Upon full payment the customer receives a simple right, unlimited in time and place, to use the work results created specifically for it for the contractually intended purpose. Further rights require an agreement.
(2) Methods, templates, tools, scripts and general know-how that rheonda has developed or uses independently of the order remain with rheonda and may continue to be used.
(3) The licence terms of third-party software used, including open-source software, apply.
§ 8 Confidentiality and data protection
(1) Both parties treat confidential information of the other party as confidential, also after the end of the contract. This does not apply to information that is publicly known or was already available to rheonda without an obligation of confidentiality.
(2) rheonda may name the customer as a reference if the customer has agreed to this in text form.
(3) If rheonda processes personal data on behalf of the customer, the parties conclude a data processing agreement under Art. 28 GDPR.
§ 9 Liability
(1) rheonda is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of a guarantee given.
(2) In the case of slight negligence rheonda is only liable for breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. Liability is then limited to the foreseeable damage typical for the contract.
(3) rheonda is only liable for loss of data to the extent that would have arisen had the customer backed up its data regularly and in a manner appropriate to the risk.
(4) Claims for defects become time-barred one year after acceptance, unless paragraph 1 applies or the law mandatorily provides a longer period for buildings and related planning and supervision services.
§ 10 Free offers
The BIM and AI check, the knowledge platform and other free content on the website are non-binding information and self-assessments. They do not replace advice in the individual case; to the extent permitted by law, rheonda gives no warranty for their completeness and correctness.
§ 11 Term and termination
(1) Contracts for ongoing services without a fixed term can be terminated by either party with one month’s notice to the end of a month, unless agreed otherwise.
(2) The right to extraordinary termination for good cause remains unaffected. Terminations must be made in text form.
(3) Services provided until termination are remunerated.
§ 12 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is rheonda’s registered office.
(3) Should individual provisions of these terms be invalid, the validity of the remaining provisions remains unaffected.
As of: September 15, 2026.