General Terms and Conditions of Blue Sky Operations GmbH

1.1 These General Terms and Conditions (hereinafter "Terms") govern the contractual relationship between Blue Sky Operations GmbH (hereinafter "Blue Sky Operations") and its customers. They apply to all deliveries and services provided by Blue Sky Operations unless expressly agreed otherwise.

1.2 Deviating terms and conditions of the customer shall not apply unless Blue Sky Operations has expressly agreed to their validity in writing.

2.1 Blue Sky Operations offers comprehensive services in the field of IT infrastructure, including planning, implementation, and maintenance of servers, applications, and networks.

2.2 The specific services are defined in the respective contracts or order confirmations between Blue Sky Operations and the customer.

3.1 Offers made by Blue Sky Operations are subject to change and non-binding unless explicitly marked as binding.

3.2 A contract is only concluded when Blue Sky Operations confirms the order in writing or has actually provided the service.

4.1 Prices are based on Blue Sky Operations' current price list or individually agreed terms.

4.2 Invoices are due for payment without deduction within 14 days of invoicing unless other payment terms have been expressly agreed.

5.1 Blue Sky Operations commits to providing the agreed services with the utmost care and according to the current state of technology.

5.2 Changes or extensions to the services require written agreement between Blue Sky Operations and the customer.

6.1 The liability of Blue Sky Operations is governed by statutory provisions.

6.2 Blue Sky Operations shall be liable without limitation for intent and gross negligence.

6.3 In cases of simple negligence, Blue Sky Operations shall only be liable for breach of material contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the customer may regularly rely.

6.4 Liability is limited in any case to the foreseeable, contract-typical damage.

7.1 Blue Sky Operations processes personal data of the customer only within the scope of order processing and in compliance with applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).

Customer information is treated confidentially and used only for the purpose of contract processing and fulfillment.

8.1 Changes or amendments to these Terms must be made in writing.

8.2 Should individual provisions of these Terms be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.

8.3 The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

8.4 The place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of Blue Sky Operations, insofar as legally permissible.

9.1 Blue Sky Operations reserves the right to update these Terms when necessary. The current version of the Terms is available on Blue Sky Operations' website.