General Terms and Conditions
### **1. Scope**
These General Terms and Conditions (GTC) apply to all business relationships between **BME** (hereinafter "Provider") and its clients (hereinafter "Client"). Deviating terms from the Client shall only apply if expressly confirmed in writing by the Provider.
The GTC apply to both consumers and business clients, unless otherwise explicitly stated.
### **2. Subject of the Contract**
BME provides services and products in the areas of software development, digital media, data analysis, consulting, IT solutions, design, and related services. The exact scope of services is defined in the respective offer or contract.
### **3. Conclusion of Contract**
A contract is concluded when a written or electronic offer from BME is accepted by the Client. Oral agreements require written confirmation to be effective.
### **4. Prices and Payment Terms**
Prices and payment terms are agreed individually in the respective contract between BME and the Client.
### **5. Scope of Services and Cooperation**
BME undertakes to perform the agreed services professionally and properly. The Client shall ensure that all information, data, and materials required for the provision of services are provided in a timely manner.
Requests for changes or extensions after the conclusion of the contract may result in adjustments to price and schedule.
### **6. Rights to Work Results and Usage**
Unless expressly agreed otherwise, all copyrights and usage rights for developed concepts, software, designs, data analyses, texts, graphics, or other work results remain with BME until full payment of the agreed remuneration.
After full payment, the Client receives a simple right of use for the contractually agreed purpose. Transfer, reproduction, or modification is only permitted with written consent from BME.
### **7. Confidentiality and Data Protection**
BME treats all information received during the collaboration as strictly confidential and does not disclose any trade secrets or data to third parties.
Personal data is processed solely in accordance with applicable data protection laws, particularly the **EU General Data Protection Regulation (GDPR)**. Further information is available in the separate **Privacy Policy**.
### **8. Liability**
BME is liable only for damages caused by intentional or grossly negligent behavior, as well as for damages arising from injury to life, body, or health.
In cases of slight negligence, BME is liable only if an essential contractual obligation (cardinal obligation) is breached; in this case, liability is limited to the foreseeable, contract-typical damage.
Liability for indirect, consequential, or lost profit damages is excluded unless legally mandatory.
### **9. Warranty**
BME ensures that delivered products and services comply with the contractual agreements. Defects must be reported by the Client in writing without undue delay.
In the case of justified complaints, BME has the right to remedy the defect or provide a replacement. If this fails, the Client may request a price reduction or rescission of the contract.
### **10. Security and Data Access**
All data, documents, and information transmitted within the scope of projects are stored exclusively on **local, secured systems** and are only accessible to authorized personnel.
No access is permitted via the public internet or external networks. BME implements appropriate technical and organizational measures to prevent unauthorized access.
### **11. Final Provisions**
Should any provision of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
The law of the **European Union**, in conjunction with the law of the country in which BME is headquartered, shall apply.
The place of jurisdiction, to the extent legally permissible, is the seat of BME.
These GTC also apply to international business, unless otherwise contractually agreed.
Last updated: [November 2025]