AGB
General Terms and Conditions of Nexiga GmbH
Status: July 2025
These terms and conditions are an integral part of all offers, contracts
and other business relationships of Nexiga GmbH with its customers and also apply to future business relationships. Deviating terms and conditions of the customer shall only apply if Nexiga expressly agrees to them in writing.
I. Prices
All prices are subject to the applicable statutory value added tax.
II. delivery dates
1. delivery dates are non-binding unless they have been expressly agreed in writing as binding. Agreed delivery periods shall be extended appropriately in the event of subsequent changes initiated by the customer, late delivery by the customer and in the event of force majeure, labor disputes or operational disruptions for which Nexiga is not responsible - regardless of whether in its own company or at suppliers.
2. if Nexiga is culpably in default of delivery, this shall only occur after a written reminder and the setting of a reasonable grace period by the customer. If this grace period expires without result, the customer may withdraw from the contract or demand compensation for damages, insofar as damage is proven.
III Warranty and liability
1. the information and data provided by Nexiga are based on official sources, its own surveys and/or third-party data and calculations derived therefrom.
The accuracy and completeness of the data can only be guaranteed within the usual statistical bandwidths.
2. The customer acknowledges that Nexiga's products are complex data products. The warranty obligation includes a customary error tolerance. Nexiga does not guarantee that the products meet all of the customer's requirements or purposes.
3. defects must be reported in writing within 14 days of delivery in the case of obvious defects and immediately after discovery in the case of hidden defects. If the customer is a merchant, § 377 HGB applies.
4. If a timely complaint proves to be justified, Nexiga may, at its own discretion, repair or replace the goods. If two attempts at rectification fail, the customer can demand a reduction or withdrawal.
5. Nexiga's liability for simple negligence is excluded - except in the case of breach of essential contractual obligations (cardinal obligations), injury to life, limb or health. In the event of a slightly negligent breach of essential obligations, liability is limited to the typically foreseeable damage.
6. Liability for consequential damages is excluded, unless Nexiga acts with intent or gross negligence.
7. The limitation period for claims of the customer due to defects is twelve months from delivery, unless it concerns claims arising from a guarantee, intent or gross negligence.
IV. Rights of use
1. all copyrights and rights of use to all programs and data supplied shall remain with Nexiga. Simple rights of use are only granted to the contractually agreed extent.
2. Duplication, processing, forwarding, publication or other use of the programs and data requires the prior written consent of Nexiga. Only the creation of a backup copy is permitted.
3. The customer undertakes to pay an appropriate contractual penalty for each culpable infringement of the right of use (guideline value: EUR 100,000.00 per individual case). The right to claim further damages remains reserved.
V. Payments
1. invoices are due immediately upon receipt without deduction, unless otherwise agreed. In the event of default of payment, the statutory default interest (§ 288 BGB) shall apply. If the customer is a merchant, the interest rate is 9 percentage points above the prime rate.
2. If Nexiga discovers a significant deterioration in the customer's financial circumstances after conclusion of the contract, Nexiga is entitled to demand advance payment or the provision of security and/or to withdraw from the contract.
3. Offsetting is only possible with undisputed or legally established claims. A right of retention only exists for counterclaims from the same contractual relationship.
VI. assignment
The assignment of claims against Nexiga to third parties requires the prior written consent of Nexiga.
VII Data protection, confidentiality
1. the parties undertake to treat all confidential information and personal data in accordance with the GDPR and BDSG.
2. an order processing contract (AVV) is concluded separately if required.
VIII Final provisions
1 German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
2. the place of jurisdiction for all disputes arising from or in connection with this contract shall be Bonn, provided the customer is a merchant.
3. should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to agree on a replacement provision that comes closest to the economic purpose.