Terms of Service
Section 1 -- Scope of Application
These General Terms and Conditions (GTC) apply to all contracts concluded between Eckel SecTepe UG (haftungsbeschränkt), Bausenhaus 7, 42489 Wülfrath, Germany (hereinafter "SecTepe") and the client (hereinafter "Client"). Deviating terms and conditions of the Client shall not be recognized unless SecTepe expressly agrees to their validity in writing.
Section 2 -- Services
The scope of services to be provided by SecTepe is determined by the respective offer or order confirmation. SecTepe provides services in accordance with the state of the art and with the diligence of a prudent businessman. Changes to the scope of services require a written agreement. SecTepe reserves the right to use qualified subcontractors for the provision of services, provided this does not impair the quality of the services.
Section 3 -- Client's Obligations to Cooperate
The Client shall provide SecTepe with all information, access, and documents required for the provision of services in a timely manner. The Client shall designate a contact person who is available for queries and coordination. Delays caused by the Client's lack of cooperation shall not be attributable to SecTepe. The Client is responsible for ensuring that adequate backup systems are in place before any security testing is performed.
Section 4 -- Confidentiality
Both parties undertake to treat all confidential information obtained in the course of cooperation strictly confidential and not to disclose it to third parties. This obligation shall continue to apply after the termination of the contractual relationship. Confidential information includes, but is not limited to, trade secrets, technical data, security vulnerabilities, test results, and business strategies.
Section 5 -- Compensation and Payment
Compensation is based on the respective offer. Unless otherwise agreed, invoices are payable within 14 days of receipt without deduction. In the event of late payment, SecTepe is entitled to charge default interest at the statutory rate. All prices are net prices; statutory value-added tax will be added where applicable. Travel expenses and other out-of-pocket costs will be billed separately unless included in the offer.
Section 6 -- Liability
SecTepe shall be liable without limitation in cases of intent and gross negligence. In cases of simple negligence, SecTepe shall only be liable for the breach of material contractual obligations, limited to the foreseeable, contract-typical damage. Liability for indirect damages and consequential damages is excluded to the extent permitted by law. The total liability of SecTepe for damages arising from or in connection with a contract shall not exceed the total contract value of the respective engagement.
Section 7 -- Data Protection
SecTepe processes personal data of the Client exclusively within the framework of applicable data protection laws, in particular the GDPR. If necessary, a separate data processing agreement shall be concluded. SecTepe implements appropriate technical and organizational measures to ensure the security of personal data in accordance with Art. 32 GDPR.
Section 8 -- Intellectual Property
All intellectual property rights in tools, methodologies, templates, and frameworks developed by SecTepe prior to or independently of the engagement remain the exclusive property of SecTepe. The Client receives a non-exclusive, non-transferable right to use deliverables created specifically for the Client under the respective contract.
Section 9 -- Term and Termination
The term of the contract is determined by the respective offer or order confirmation. Ongoing service contracts may be terminated by either party with three months' notice to the end of a calendar quarter, unless otherwise agreed. The right to extraordinary termination for good cause remains unaffected.
Section 10 -- Final Provisions
The law of the Federal Republic of Germany shall apply. The place of jurisdiction is Wuppertal, provided the Client is a merchant (Kaufmann). Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. In such cases, the parties shall agree on a valid provision that comes as close as possible to the economic purpose of the invalid provision.
Last updated: January 2024