General Terms and Conditions of Global Trade Dynamics DMCC
1. Scope of the General Terms and Conditions
The services, deliveries, and offers of Global Trade Dynamics DMCC (hereinafter referred to as “Global Trade Dynamics DMCC”) are exclusively governed by these General Terms and Conditions (GTC). These apply to all business relationships between Global Trade Dynamics DMCC and its customers, provided the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code) or a legal entity under public law. Deviating or supplementary terms and conditions of the customer do not apply unless Global Trade Dynamics DMCC has expressly agreed to their applicability in writing. The GTC also apply to future business relationships, even if they are not expressly agreed upon again. Changes to the GTC will be communicated to the customer in writing, by fax, or email. If the customer does not object within four weeks after receipt of the notification, the changes are deemed accepted.
2. Offers and Conclusion of Contracts
All offers by Global Trade Dynamics DMCC are non-binding and subject to change unless otherwise agreed upon in writing. Only the customer's written order constitutes a binding offer to conclude a contract, which Global Trade Dynamics DMCC may accept either through written confirmation or by implied actions, such as the provision of services. Changes or additions to the contract require written form, including agreements on additional services. If Global Trade Dynamics DMCC needs to make changes to the scope of services, these will be coordinated with the customer and incorporated into the contractual agreements accordingly.
3. Services by Global Trade Dynamics DMCC; Customer's Obligations
The contractual services provided by Global Trade Dynamics DMCC are carried out to the best of its knowledge and ability; however, Global Trade Dynamics DMCC does not guarantee success in a legal sense unless explicitly agreed upon in writing. Subsequent changes to the scope of services require written consent from both parties. The customer is obligated to provide all necessary information, documents, and permissions in a timely manner to enable proper service delivery. Any breaches of these obligations result in the customer bearing the additional costs and being liable for delays. The customer is also responsible for the legal compliance of provided content, including copyright and trademark rights.
4. Deadlines and Timeframes
Delivery and service deadlines stated by Global Trade Dynamics DMCC are not fixed deadlines unless explicitly agreed upon in writing. If delays occur due to circumstances beyond Global Trade Dynamics DMCC's control, such as force majeure, official orders, or unforeseeable events, deadlines are extended accordingly. In case of delays, the customer must grant a reasonable grace period for rectification. If Global Trade Dynamics DMCC is in default of acceptance, it is liable for resulting damages in accordance with statutory provisions.
5. Engagement of Third Parties
Global Trade Dynamics DMCC is entitled to have the agreed-upon services fully or partially performed by qualified third parties (subcontractors). Customers may engage third parties only with prior agreement and written consent from Global Trade Dynamics DMCC. Third-party services contracted by the customer are considered auxiliary agents of the customer, and the responsibility for their services rests solely with the customer.
6. Remuneration and Expenses
The remuneration of Global Trade Dynamics DMCC is based on the individual offer. Additional services, such as changes or extensions to the project, will be billed separately based on actual expenses. Global Trade Dynamics DMCC reserves the right to consider quoted prices binding for 30 days from the offer date. Payments are due without deductions within 14 days of invoice issuance. If the customer hinders service delivery due to incomplete or incorrect information, Global Trade Dynamics DMCC may charge reasonable compensation for the resulting additional costs.
7. Due Dates and Setoff
Payments are due no later than 14 days after invoice issuance unless otherwise agreed. In the event of default, Global Trade Dynamics DMCC is entitled to charge default interest at a rate of 9 percentage points above the base interest rate. The customer may offset claims only if their counterclaims are legally established or undisputed. Global Trade Dynamics DMCC reserves the right to allocate payments to older claims first and may suspend further services or assert a right of retention in case of payment default.
8. Contract Duration and Termination
The contract duration is determined by the individual offer and ends upon completion of the respective assignment. Terminations of ongoing obligations may only occur for good cause and without notice. Good cause exists if one party violates essential contractual obligations, is in default, or fails to fulfill its contractual duties. Termination declarations must be made in writing. In the event of termination, Global Trade Dynamics DMCC is entitled to appropriate remuneration for services already rendered.
9. Intellectual Property; Usage Rights; Retention of Ownership
All works created by Global Trade Dynamics DMCC, including designs, concepts, graphics, and software, remain the property of Global Trade Dynamics DMCC unless otherwise agreed in writing. Upon full payment, the customer acquires the right to use the provided services within the contractual framework. Usage rights exceeding the contractual purpose require a separate written agreement. Retention of ownership applies until full payment of all current and future claims of Global Trade Dynamics DMCC.
10. Warranty
Global Trade Dynamics DMCC warrants careful and contract-compliant service delivery. Customer claims for defects expire one year after delivery or acceptance of the service. Obvious defects must be reported in writing within one week of receiving the service; otherwise, the service is considered approved. Global Trade Dynamics DMCC is not liable for minor deviations from the agreed quality.
11. Liability
Global Trade Dynamics DMCC is liable for damages only in cases of intent and gross negligence. In cases of simple negligence, liability is limited to typical and foreseeable damages. Liability for lost profits or non-material damages is excluded. Global Trade Dynamics DMCC assumes no liability for third-party services contracted by the customer in the customer's name.
12. Confidentiality
All information marked as confidential or inherently confidential must be treated as such by both parties. This obligation remains valid even after the contract ends. Confidentiality does not apply to information that is publicly known or must be disclosed due to legal requirements.
13. Data Protection
Global Trade Dynamics DMCC is committed to processing all personal customer data in accordance with applicable data protection laws. Global Trade Dynamics DMCC is entitled to store and process customer data as part of service delivery. The customer agrees to the use of their data for operational purposes, as far as necessary for contract execution.
14. Final Provisions
Amendments and additions to these GTC must be made in writing. If individual provisions of these GTC are invalid, the validity of the remaining provisions remains unaffected. German law applies exclusively, excluding the UN Sales Law. The place of jurisdiction for all disputes arising from the contractual relationship is Karlsruhe.