Terms and Conditions
AQON INTELLIGENCE UG (haftungsbeschränkt)
1. Subject Matter of the Contract
AQON INTELLIGENCE UG (haftungsbeschränkt) (hereinafter referred to as the “Contractor”) performs the respectively agreed investigation, eavesdropping protection, and IT forensic assignments exclusively within the legally permissible framework of the Federal Republic of Germany.
If the Contractor is commissioned to determine the financial circumstances of a debtor of the Client for the purpose of debt enforcement, the Contractor is neither authorized nor obligated to collect debts for the Client or for third parties.
Unless otherwise agreed, the Contractor is not bound by instructions from the Client when performing the assignment. The type, scope, and methodology of performance shall be determined by the Contractor at its professional discretion, taking into account the prospects of success as well as the legitimate interests of the Client.
If it is foreseeable that the costs of a proper and promising execution of the assignment are disproportionate to the intended success, or if an existing cost or expense agreement is likely to be exceeded by more than 25%, the Contractor is entitled and obligated to obtain the Client’s consent before incurring further costs.
Upon completion of the assignment, the Client is entitled to a summary oral or written final report on the essential results of the activity. A claim for written interim reports exists only if these have been expressly agreed upon.
The Contractor is not obligated to disclose the identity of confidential informants or sources of information, provided that in individual cases there are overriding interests in maintaining secrecy.
2. Cooperation Obligations of the Client
The Client is obligated to provide the Contractor with all known and available information required for the proper execution of the assignment completely, correctly, and without delay, and to hand over relevant documents upon request.
If the Client violates these cooperation obligations, they cannot claim that additional costs were incurred for investigations concerning information that was known to them but not communicated to the Contractor.
3. Handling of Personal Data
The Client is advised that the collection, processing, storage, and transmission of personal data of third parties takes place exclusively within the framework of the applicable legal provisions, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
The processing of personal data is only permissible insofar as it is necessary to safeguard legitimate interests and no overriding interests of the data subjects worthy of protection stand in the way.
Personal data may only be used for the purpose for which it was collected. Unauthorized disclosure or publication may result in legal consequences.
4. Remuneration and Costs
Unless a flat-fee remuneration has been agreed upon, the Contractor calculates its remuneration and expenses from the respective office location. This includes, in particular, costs for preparation, travel to and from the site, execution of the assignment, meetings, and reporting.
An agreed daily rate covers a working time of eight hours per day per assigned clerk. An agreed hourly rate is charged for every hour started.
Remuneration, expenses, and other costs are due for payment at the latest upon submission of the final report, unless otherwise agreed.
The Contractor is entitled to demand a reasonable advance on the expected costs before starting the activity.
If a flat-rate expense allowance is agreed upon, it becomes due upon completion of the assignment. Offsetting against the remuneration only takes place if expressly agreed and only to the extent that the remuneration exceeds the flat-rate expense allowance.
In the event of premature termination of the assignment, regardless of the reason, the Contractor is entitled to pro-rata remuneration for the services rendered up to that point, but at least the agreed basic remuneration.
An agreed flat-rate expense allowance will not be refunded in the event of premature termination. If no flat-rate expense allowance was agreed upon, there is a claim for full reimbursement of the costs incurred up to that point.
Unless the Client is a consumer within the meaning of § 13 BGB (German Civil Code), all remunerations are subject to the statutory value-added tax.
An agreed success fee remains due even in the event of premature termination of the assignment, provided that the success is attributable to services provided by the Contractor or its vicarious agents.
If the Client prevents the occurrence of the success condition, in particular through premature termination despite foreseeable success, the success shall be deemed to have occurred in accordance with §§ 158 et seq. BGB.
5. Duty of Care and Liability
The Contractor shall execute the assignment with due care and to the best of its knowledge and belief. Liability for slight negligence is excluded to the extent permitted by law.
Insofar as the Contractor uses third parties to fulfill the contract, they shall be selected carefully. No liability is assumed for the conduct of these third parties.
The Client is advised that investigation results may also be based on information from informants whose accuracy cannot be verified in every case. Liability for resulting risks is excluded.
In the case of personal protection or security assignments, the Contractor assumes no liability for the life, body, or health of the Client or beneficiary third parties, nor for property damage.
When creating security or protection concepts, the Contractor only assumes a warranty for technical equipment if it was supplied by the Contractor itself. Otherwise, liability is limited to the professional suitability of the concept.
6. Termination
The Client may terminate the contract at any time. The termination must be in writing.
In the event of premature termination, the provisions regarding remuneration and cost reimbursement according to Section 4 shall apply accordingly.
The Contractor is entitled to extraordinary termination for good cause. Good cause exists in particular if the Client has provided incorrect information regarding the subject of the assignment or their legitimate interest, if the assignment violates applicable law or public policy, if a conflict of interest exists, or if the Client fails to comply with their cooperation obligations despite being requested to do so.
7. Confidentiality
The Contractor undertakes to maintain silence regarding all information that has become known in connection with the execution of the assignment, insofar as this does not conflict with the proper execution of the assignment or statutory disclosure obligations.
8. Copyrights
All content published on the website, in particular texts, images, and films, is subject to copyright. Any use, reproduction, or distribution is not permitted without the express consent of Custos UG (haftungsbeschränkt).
9. Applicable Law and Jurisdiction
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If the Client is a merchant, a legal entity under public law, or a special fund under public law and has its registered office in Germany, the exclusive place of jurisdiction shall be the registered office of the Contractor. Otherwise, the statutory provisions shall apply.