Terms & Conditions

1. Scope

These General Terms and Conditions apply to all agreements between Avantura GmbH ("Avantura") and its clients for consulting, implementation and managed services. Any conflicting terms of the client shall not form part of the contract unless Avantura expressly agrees to them in writing.

2. Formation of contract

Contracts are formed by written acceptance of an offer or through a separate statement of work (SOW).

3. Delivery of services

Avantura will provide the agreed services with qualified personnel and in accordance with accepted industry standards. Unless expressly agreed otherwise, Avantura owes an obligation of means, not of result.

4. Client cooperation

The client shall provide all information, access and points of contact required for service delivery in a timely manner.

5. Fees and payment

Unless otherwise agreed, fees are billed on a time-and-materials basis or in milestones. Invoices are payable within 14 days net. All prices are exclusive of statutory VAT.

6. Confidentiality

The parties undertake to treat all information obtained in the course of cooperation as confidential. This obligation survives the termination of the cooperation.

7. Liability

Avantura's liability is unlimited in cases of intent, gross negligence and injury to life, body or health. In all other cases liability is limited to typical, foreseeable damages.

8. Rights to deliverables

Upon full payment, Avantura grants the client a non-exclusive right to use the created deliverables for the agreed purpose, unless expressly agreed otherwise.

9. Termination

Contracts may be terminated under the terms of the applicable statement of work. The right to extraordinary termination for cause remains unaffected.

10. Final provisions

German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Berlin to the extent permitted by law. Should individual provisions be invalid, the remainder of the contract shall remain in effect.