General Terms and Conditions (GTC)
General Terms and Conditions for the Provision of Services
by SHK Engineering and Consulting GmbH & Co. KG, Dorfstrasse 16, 83670 Bad Heilbrunn, Germany, email: support@3skeng.com (hereinafter referred to as the "Contractor") to its customers (hereinafter referred to as the "Client")
1. General Provisions
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor under inclusion of these GTC.
1.2 Insofar as additional contractual documents or other terms and conditions in text or written form become part of the contract alongside these GTC, the provisions of these additional contractual documents shall take precedence over these GTC in the event of conflict.
1.3 The Contractor does not recognize any terms and conditions deviating from these GTC used by the Client unless explicitly agreed upon.
2. Subject Matter of the Contract and Scope of Services
2.1 As an independent contractor, the Contractor provides the following services to the Client:
Time-limited software licenses in the form of an extension for Trimble SketchUp.
To review the License Agreement for the extension, please click here.
2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.
2.3 The Contractor performs the agreed services with the greatest possible care and diligence according to the latest standards, rules, and knowledge.
2.4 The Contractor is obligated to provide the contractually agreed services. However, the Contractor is not subject to instructions regarding how, where, or when the services are rendered. The Contractor will organize their workdays and schedules to achieve optimal efficiency in fulfilling the contractual obligations. Coordination and consultation with the Client shall occur as necessary.
3. Obligations of the Client
The Client is responsible for providing all information, data, and other materials required for the performance of the services fully and correctly. The Contractor shall not be held responsible for any delays in service provision caused by the Client’s late or incomplete cooperation. The provisions under "Liability/Indemnification" remain unaffected.
4. Compensation
4.1 The compensation is agreed upon individually.
4.2 Payment is due after the services have been performed. If compensation is calculated based on time periods, payment is due at the end of each period (§ 614 BGB). For time-based billing, the Contractor may issue monthly invoices unless otherwise agreed.
4.3 The Contractor will send the Client an invoice via post or email (e.g., as a PDF) after services are rendered. Payment is due within 14 days of receipt of the invoice.
5. Liability / Indemnification
5.1 The Contractor is fully liable under any legal basis for damages caused by intent or gross negligence, as well as for damages resulting from injury to life, body, or health due to intentional or negligent acts, or due to guarantees or mandatory liability. In cases of negligence that result in the violation of essential contractual obligations, the Contractor's liability is limited to foreseeable damages typical for the contract unless full liability applies as per the above. Essential contractual obligations are those fundamental duties that enable the proper execution of the contract. All other liability is excluded. These liability provisions also apply to the Contractor's agents and legal representatives.
5.2 The Client indemnifies the Contractor from any claims brought by third parties arising from the Client's violations of these contractual terms or applicable laws.
6. Contract Duration and Termination
6.1 The contract duration and notice periods for termination are agreed upon individually.
6.2 The right of both parties to terminate the contract without notice for good cause remains unaffected.
6.3 Upon termination, the Contractor shall return or destroy all provided documents and materials as instructed by the Client. Data must be fully deleted, except for materials subject to statutory retention periods, which must be retained until the end of the period. Confirmation of deletion may be requested by the Client in writing.
7. Confidentiality and Data Protection
7.1 The Contractor will treat all information disclosed in connection with the contract as strictly confidential. This confidentiality obligation extends to all employees or third parties with access to the information and applies indefinitely beyond the term of the contract.
7.2 The Contractor agrees to comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
8. Final Provisions
8.1 The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
8.2 If any provision of these GTC is invalid, the remaining provisions remain unaffected.
8.3 The Client will assist the Contractor in providing agreed services by providing necessary information and data in a timely manner.
8.4 If the Client is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany, the Contractor's registered office shall be the place of jurisdiction for disputes.
8.5 The Contractor may amend these GTC for legitimate reasons (e.g., changes in legislation or market conditions). Clients will be notified of changes at least two weeks before they take effect. If the Client does not object, the changes are considered accepted.
9. Information on Online Dispute Resolution
The EU Commission provides an online dispute resolution platform at: https://ec.europa.eu/consumers/odr
This platform serves as a resource for resolving disputes arising from online service contracts. The Contractor is neither willing nor obligated to participate in consumer dispute resolution procedures under the VSBG.
Our contact email is listed at the top of these GTC.