General terms and conditions

This English version is provided for convenience. In case of doubt, the German version prevails.

§ 1 Scope of application

These General Terms and Conditions (GTC) apply to all consulting services, training courses and workshops provided by Puenjer S.L., Avinguda Mèxic 17, 07007 Palma de Mallorca, Spain (hereinafter “Provider”) to entrepreneurs within the meaning of § 14 BGB (hereinafter “Client”).

Deviating, conflicting or supplementary general terms and conditions of the Client shall only become part of the contract if and insofar as the Provider has expressly agreed to their validity in writing.

§ 2 Subject matter and services

The Provider offers consulting services in the field of artificial intelligence and workflow optimisation. This includes in particular:

• AI workflow consulting and strategic advisory
• Training courses and workshops on AI integration
• Process analysis and optimisation
• Conception and support of AI implementations

The exact scope of services results from the individual order confirmation or the respective offer.

§ 3 Conclusion of contract

The Provider’s offers are subject to change and non-binding. A contract is only concluded by the Provider’s written order confirmation or by the actual provision of the service.

Amendments or additions to the contract require written form.

§ 4 Remuneration and payment terms

Remuneration is based on the respective offer. All prices are exclusive of statutory VAT.

Invoices are payable without deduction within 14 days of the invoice date. In the event of late payment, the Provider is entitled to charge default interest of 9 percentage points above the base interest rate.

Offsetting against counterclaims or retention of payments is only permitted insofar as the counterclaims are undisputed or have been legally established.

§ 5 Client’s duties of cooperation

The Client is obliged to provide the Provider with all information, documents and access required to perform the assignment in a timely and complete manner.

The Client appoints a responsible contact person for the collaboration and ensures their availability during the project.

Delays caused by insufficient cooperation from the Client shall be at the Client’s expense and may result in additional costs.

§ 6 Copyright and usage rights

All work results created in the course of the consulting (concepts, presentations, documentation) become the property of the Client upon full payment, unless otherwise agreed.

Pre-existing know-how, methods and tools of the Provider that are incorporated into the work results remain the property of the Provider. The Client is granted a simple, non-transferable right of use for the agreed purpose.

§ 7 Confidentiality

Both parties undertake to treat all confidential information obtained during the collaboration as strictly confidential and not to disclose it to third parties.

This obligation continues to apply after termination of the contractual relationship.

Excluded is information that is publicly known, was already known to the recipient prior to transmission, or was independently developed by the recipient.

§ 8 Liability and warranty

The Provider is only liable for damages in cases of intent and gross negligence. In cases of slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations) and limited to the foreseeable damage typical for the contract.

Liability is in any case limited to the value of the respective assignment. This does not apply to damages resulting from injury to life, body or health.

No guarantee is given for specific business results or economic success. Consulting services constitute recommendations, the implementation of which is at the Client’s discretion.

§ 9 Data protection

Personal data is processed in accordance with the General Data Protection Regulation (GDPR) and the Spanish Data Protection Act (LOPDGDD). Further information can be found in our privacy policy.

Insofar as the Provider gains access to personal data of the Client in the course of providing services, a data processing agreement will be concluded upon request.

§ 10 Term and termination

The contract term results from the respective agreement. For continuing obligations, the contract may be terminated with four weeks’ notice to the end of the month, unless otherwise agreed.

The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in the event of a material breach of contract or payment default of more than 30 days.

§ 11 Final provisions

The law of the Kingdom of Spain applies, excluding the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction for all disputes arising from the contractual relationship is Palma de Mallorca, Spain, insofar as the Client is a merchant, a legal entity under public law or a special fund under public law.

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a regulation that comes closest to the economic purpose shall apply.

Provider

Puenjer S.L.
Avinguda Mèxic 17
07007 Palma de Mallorca
Spain
Represented by: Fin Pünjer (administrador único)
Email: contact@puenjer.es
Phone: +34 684 774 631