Legal information
Terms and conditions
Transparent information about the provider, data processing and contractual foundations.
Version 1.0 · Translation status: 27 July 2026 · B2B only
Language notice: This English text is a convenience translation of the German Allgemeine Geschäftsbedingungen, version 1.0 dated 23 July 2026. Unless an individual agreement expressly provides otherwise, the German version is authoritative. Mandatory law remains unaffected.
1. Provider and scope
The provider is IT Consulting Totzauer, proprietor Matthias Totzauer, Hans-Peter-Doll-Ring 20, 95632 Wunsiedel, Germany. These terms apply exclusively to businesses, public-law entities and public-law special funds. They become part of a contract only when expressly incorporated. Individual agreements, the applicable proposal and the order confirmation prevail.
2. Contract and scope of work
Offers are non-binding unless expressly stated otherwise. A contract is formed by matching declarations, order confirmation or an agreed start of delivery. The applicable statement of work defines content, scope, period, location, fees and deliverables. Unless a defined result is expressly owed, services are provided on a time-and-effort advisory basis.
3. Professional and legal boundaries
Services include advisory work, readiness assessments, gap analysis, audit preparation and support, as well as decision and implementation support. IT Consulting Totzauer does not provide independent audits, certification decisions, sovereign inspections, binding conformity determinations, legal advice or tax advice. No guarantee is given for complete security, the absence of incidents or a particular regulatory or economic result.
4. Independent delivery and collaboration
Services are delivered independently and under the provider’s own responsibility. Coordination of objectives, priorities, dates, interfaces and access requirements does not establish employment or integration into the client’s organisation. Operational changes, binding declarations and risk acceptance require documented authority; final business responsibility remains with the client.
5. Client cooperation
The client provides the information, contacts, access, documents, approvals and decisions required for delivery in a timely, complete and accurate manner. The client identifies special confidentiality, compliance, security, export-control or operating requirements. Delayed or deficient cooperation may reasonably extend dates and, following prior agreement, result in additional fees.
6. Changes to the engagement
Changes or extensions to the agreed scope are assessed for their effect on effort, fees and dates before implementation. Until agreement is reached, the original scope remains applicable. Security-critical observations may be communicated immediately regardless of the change process.
7. Use of third parties
Suitably qualified third parties may be used where the client’s legitimate interests, agreed confidentiality and data-protection requirements remain protected. Third-party access to particularly sensitive information or systems is agreed with the client in advance.
8. Fees, expenses and payment
Fees, the billing model and any minimum commitment are defined in the proposal or order confirmation. Amounts are exclusive of applicable VAT. Pre-agreed travel and ancillary expenses are reimbursed as evidenced or at the agreed rate. Unless otherwise agreed, invoices are due within 14 calendar days without deduction.
9. Dates, force majeure and disruption
Dates are binding only when expressly agreed as binding. Events outside reasonable control—including critical-infrastructure outages, government measures, industrial action or material telecommunications and cloud-service disruption—extend affected deadlines reasonably. The parties inform each other promptly and coordinate next steps.
10. Deliverables and usage rights
After full payment, the client receives the non-exclusive, perpetual and territorially unrestricted rights required for the agreed purpose in deliverables created specifically for it. Internal group sharing and disclosure to appointed auditors, legal advisers and implementation partners are permitted for that purpose subject to confidentiality. Pre-existing methods, templates, libraries, general know-how and independently developed components remain with IT Consulting Totzauer; third-party material remains subject to its own licence terms.
11. Confidentiality
Both parties keep non-public commercial, technical and organisational information confidential and use it solely for the contract purpose. This does not apply to information demonstrably already known, publicly available, lawfully obtained from a third party or independently developed. Statutory disclosure obligations remain unaffected; advance notice is provided where legally permitted.
12. Data protection and information security
The parties comply with applicable data-protection law. A separate data-processing agreement is concluded before any processing on the client’s behalf. Access and permissions are limited to what is required. Security incidents and lost credentials are reported promptly; project access is withdrawn at the end of the engagement and confidential material is returned or deleted as agreed, subject to statutory retention.
13. Liability
Liability is unlimited for intent and gross negligence, injury to life, body or health, liability under product-liability law and expressly assumed guarantees. For slight negligence, liability applies only to breach of an essential contractual duty and is limited to the loss typically foreseeable when the contract was formed. Mandatory liability remains unaffected. For data loss, foreseeable loss generally comprises reasonable restoration effort from properly created and verified backups.
14. Term and termination
Term and ordinary termination follow the applicable engagement. Where no special rule exists, statutory provisions apply. Either party may terminate for material cause. Services delivered and agreed expenses up to the effective date remain payable. The parties support an orderly handover; additional transition work outside scope is agreed and charged separately.
15. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Where legally permissible for merchants, public-law entities and public-law special funds, the provider’s place of business is the venue. Mandatory venues remain unaffected. If a provision is ineffective, the remaining terms continue and statutory rules apply in its place. Merely viewing these published terms does not incorporate them into a contract.