Terms & Conditions
Last updated: 30.09.2026
1. Scope of Application
These General Terms and Conditions ("Terms") apply to services provided by:
AWAG IT & KI Lösungen
Owner: Yuliia Ptitsyna
Ziegelweg 12
01640 Coswig
Germany
Email: office@awag-it.de
Phone: +49 1520 3441041
They apply in particular to services in the following areas:
- Online courses and further training offered by the AWAG Academy,
- AI consulting and AI workshops,
- IT and digitalization consulting,
- Software, web, and app development,
- E-commerce solutions,
- AI agents, automation, and Document AI,
- Interfaces and system integrations,
- Hosting, maintenance, support, and IT security, and
- Other individually agreed IT and consulting services.
These Terms apply to consumers within the meaning of § 13 BGB (German Civil Code) and to business entities ("Unternehmer") within the meaning of § 14 BGB. Where individual provisions apply exclusively to one of these groups, this is expressly indicated.
The type and scope of the specific service owed result additionally from the respective service description, the individual offer, the order confirmation, or – in the case of Academy courses – from the course description and booking confirmation.
Deviating terms and conditions of the customer shall only become part of the contract if we have expressly agreed to their applicability.
2. Enquiries via the Website
Non-binding enquiries regarding consulting, development, workshop, and other individual services can be submitted via our website.
Submitting an enquiry is free of charge and does not constitute a chargeable order or the conclusion of a contract.
Submitting an enquiry creates neither an obligation on the part of the customer to place an order nor an obligation on the part of AWAG IT & KI Lösungen to carry out the requested service.
On the basis of the enquiry, we may contact the interested party, clarify requirements and framework conditions, and prepare an individual offer.
A chargeable contract is only concluded once the customer accepts an individual offer from AWAG IT & KI Lösungen or we expressly confirm an order.
3. Conclusion of Contract for Individual Services
Offers from AWAG IT & KI Lösungen contain the services, prices, and, where applicable, dates, project phases, or other conditions relevant to the respective project.
Unless a different binding period is stated in the offer, the offer forms the basis for the conclusion of the contract. A contract is concluded upon acceptance of the offer by the customer or upon our express order confirmation.
Verbal side agreements as well as subsequent changes or additions require at least a traceable agreement between the parties, in particular by email or via a project management or ticketing system used for the project.
4. Scope of Services for Consulting, IT, and Software Development
The specific scope of services results from the respective offer or order confirmation.
Information on our website regarding services, technologies, possible features, solution approaches, or project examples does not constitute a binding assurance that these will form part of a specific customer project.
For consulting, analysis, training, and comparable services, we owe the agreed professional performance, unless a specific outcome has been expressly agreed.
For development services where a concretely defined work result is owed, the statutory provisions on contracts for services/work ("Werkleistungen") apply in addition, insofar as relevant.
5. Changes and Additional Services
If, after conclusion of the contract, the customer wishes changes, extensions, or additional features that are not part of the agreed scope of services, these constitute additional services.
We inform the customer, where discernible, if a requested change leads to additional effort, additional costs, or a shift in agreed dates.
Additional services are invoiced, subject to corresponding agreement, on the basis of a supplementary offer, an estimate of effort, or the agreed hourly or daily rate.
Changes to the scope of services may shift agreed project dates accordingly.
6. Customer's Duties to Cooperate
The customer shall provide, in good time, all information, content, data, access, access credentials, interface information, approvals, and other cooperation required for the execution of the project.
This may include, in particular:
- Server and hosting access,
- Access to shop systems, CMS, ERP, CRM, or other third-party systems,
- API access and technical documentation,
- Texts, images, product and company data,
- Contact persons and required decisions, and
- Timely review and approval of interim results.
The customer is responsible for ensuring that the content and data provided by them may be used and do not infringe the rights of third parties.
If the provision of services is delayed due to missing, late, or incomplete cooperation by the customer, agreed service deadlines shall be extended accordingly.
Additional effort arising from missing or subsequently changed cooperation by the customer may be charged separately, provided the customer is responsible for this circumstance.
7. Deadlines and Service Periods
Binding deadlines or completion dates only exist if they have been expressly agreed as binding.
Project plans, effort estimates, and expected completion dates generally serve planning purposes and do not constitute a guarantee of a specific completion date, unless expressly agreed otherwise.
Delays due to subsequent change requests, lack of cooperation by the customer, or circumstances outside our sphere of influence, in particular failures or changes to external platforms, interfaces, or services, shall result in a reasonable adjustment of the affected deadlines.
8. Acceptance of Development Services
Where the subject of the contract is the creation of a specifically agreed work, in particular an individually developed website, software, interface, or comparable solution, the work result is made available for acceptance ("Abnahme") upon completion.
The customer shall inspect the work result within a reasonable period and communicate any identifiable defects to us in a comprehensible manner.
Acceptance may not be refused on account of immaterial defects.
The statutory provisions on acceptance, in particular § 640 BGB, remain unaffected.
For pure consulting, support, maintenance, or other services, acceptance only takes place if this has been expressly agreed.
9. Third-Party Providers, External Systems, and Interfaces
Our services may include the integration or use of third-party products and services, for example hosting providers, shop systems, payment providers, AI services, cloud services, APIs, ERP or CRM systems, software libraries, or other external platforms.
Insofar as these services are not operated by AWAG IT & KI Lösungen, we have no full influence over their availability, technical changes, prices, terms of use, interfaces, or future development.
We are liable for disruptions, changes, or discontinuation of external services only to the extent that we are responsible for them.
Costs for external software, licenses, hosting, APIs, plugins, or other third-party services are only included in our remuneration if this is expressly stated in the offer.
If a third-party provider changes its technical requirements, interfaces, or services after conclusion of the contract and this makes adjustments necessary, such adjustments may be agreed upon and charged as additional services.
10. Remuneration for Individual Services
Remuneration is based on the respective offer or order confirmation.
Services may be invoiced in particular as a fixed price, based on actual time spent, or within the framework of an ongoing agreement.
For time-based invoicing, the hourly or daily rates agreed in the respective offer or contract apply.
Unless expressly agreed otherwise, prices quoted to business entities are exclusive of statutory value added tax.
Travel, accommodation, and other project-related incidental expenses are only charged if this has been agreed or is necessary for the performance of the commissioned service and has been coordinated with the customer.
Payment deadlines and any agreed advance or partial payments result from the respective offer or invoice.
Special Provisions for the AWAG Academy
11. Booking Academy Courses
The presentation of the Academy courses on our website does not constitute a binding offer, but rather an invitation to the customer to place an order.
During the booking process, participant details, invoicing details, the selected course and date, and the total price payable are displayed in particular.
Before submitting the order, the customer may review and correct their information.
By clicking the "Order with obligation to pay" button, or a correspondingly clearly labeled button, the customer submits a binding offer to conclude a participation agreement.
The contract is concluded once we confirm the booking by email or provide access to the course, or the corresponding access credentials.
The language of the contract is German.
12. Prices and Payment for Academy Courses
The prices stated on the course pages are shown in accordance with the respective presentation, including the legally required price information. The total price payable by the customer is displayed before the order is completed.
Payment is made via the payment service provider offered at checkout and the payment methods available there.
The total price is due upon completion of the booking.
The course place is deemed booked once the payment process has been successfully completed.
13. Delivery of the Academy Courses
The courses are generally held as live online events on the dates selected at the time of booking, unless otherwise stated in the respective course description.
Content, duration, language, level, and any further requirements result from the respective course description.
The participant is responsible for having a suitable internet connection as well as the hardware and software required for participation.
We may postpone or cancel a course date for good cause, in particular if:
- the required minimum number of participants is not reached,
- the course instructor is unavailable due to illness or another important reason, or
- significant technical disruptions prevent proper delivery.
In such cases, we will inform the affected participants and, where possible, offer an alternative date.
If no suitable alternative date can be offered, or if the customer does not wish to attend the alternative date, the amount paid for the cancelled course will be refunded.
14. Recordings, Course Materials, and Certificates
Where provided for in the course description, participants receive access to a recording for a limited period following the live session.
The duration of access results from the respective course description.
Access credentials, recordings, presentations, and other course materials are intended exclusively for registered participants and may not be shared with third parties, published, or made publicly accessible without our consent.
Where a certificate is provided for a course, the requirements for obtaining it result from the respective course description.
An entitlement to a certificate only exists if it forms part of the booked course and the requirements specified for it have been met.
15. Right of Withdrawal for Consumers
Consumers have a statutory right of withdrawal in respect of distance contracts, unless a statutory exception applies.
Details can be found in our separate withdrawal instructions.
For contracts for services, the right of withdrawal may, under the statutory requirements, expire upon complete performance of the service if the consumer has expressly agreed, before the service begins, that we may commence performance before expiry of the withdrawal period, and has confirmed their awareness that their right of withdrawal expires upon complete performance of the contract.
If, at the express request of the consumer, an individual service is to begin during the withdrawal period, the statutory provisions on the right of withdrawal and any compensation for value owed apply.
Business entities within the meaning of § 14 BGB are not entitled to the statutory consumer right of withdrawal.
General Provisions
16. Usage and Copyright
Software, designs, texts, concepts, documentation, course materials, and other work results created by AWAG IT & KI Lösungen are protected by copyright, insofar as they meet the statutory requirements for such protection.
The scope of the rights of use granted to the customer is primarily governed by the respective offer or contract.
Unless otherwise agreed therein, upon full payment of the agreed remuneration the customer receives the simple (non-exclusive) rights of use required for the contractually intended purpose in respect of the work results individually created for them.
Prior to payment of the full remuneration, work results may only be used for review and acceptance purposes, unless otherwise agreed.
Components, general libraries, frameworks, modules, methods, tools, templates, know-how, and reusable elements of AWAG IT & KI Lösungen that already existed prior to the respective customer project remain the property of AWAG IT & KI Lösungen. The customer only receives the rights required for the contractual use of the respective project result.
The respective license terms of the rights holders apply to open-source software and other third-party components.
Course materials and Academy recordings may only be used for the registered participants' own further training. Sharing, publication, reproduction, or commercial use is not permitted without prior consent.
17. Defects and Subsequent Performance
The statutory provisions apply to defects, unless a permissible deviating arrangement has been made in the individual contract.
The customer should describe any errors that occur as specifically as possible and provide us with the information required for review.
Insofar as a claim to subsequent performance exists, we shall be given the opportunity to review and remedy the relevant defect within a reasonable period.
In particular, no defect exists where an impairment is exclusively due to subsequent changes made by the customer or third parties, to systems not within our responsibility, or to changes made by external services, provided that our service was free of defects at the time of its contractually compliant provision.
The customer's statutory rights remain unaffected.
18. Liability
We are liable without limitation for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty on our part, or on the part of our legal representatives or vicarious agents.
For other damages, we are liable without limitation in cases of intent and gross negligence.
In the event of slightly negligent breach of a material contractual obligation, our liability is limited to the foreseeable damage typical for this type of contract. Material contractual obligations are those whose fulfilment is essential to the proper performance of the contract in the first place and on whose observance the contracting partner may regularly rely.
The above limitations of liability do not apply insofar as we have fraudulently concealed a defect, have expressly assumed a guarantee, or insofar as mandatory statutory liability provisions preclude such limitations.
For disruptions to third-party systems, platforms, internet connections, or services, we are liable only to the extent that we are responsible for the cause of the disruption.
19. Confidentiality
The parties shall treat confidential business and technical information of the other party that becomes known to them in the course of their cooperation as confidential.
Confidential information includes, in particular, non-publicly known business processes, access credentials, technical documentation, project information, concepts, and other information that is by its nature to be regarded as confidential.
This obligation does not apply to information that is already publicly known, becomes publicly known without breach of this obligation, or must be disclosed due to statutory obligations or official or judicial order.
20. Data Protection
Personal data is processed in accordance with the applicable data protection regulations.
Further information can be found in our Privacy Policy.
Insofar as we process personal data on behalf of the customer within the scope of a customer project, a separate data processing agreement pursuant to Art. 28 GDPR will be concluded, where required.
21. Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
With respect to consumers, this choice of law applies only insofar as it does not deprive them of the mandatory protective provisions of the law of the state in which they have their habitual residence.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for disputes arising from the contractual relationship shall be the registered seat of AWAG IT & KI Lösungen, insofar as legally permissible.
With respect to consumers, the statutory provisions on jurisdiction apply.
Should individual provisions of these Terms be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid provision.
As of: September 2026