Terms & Conditions
These Terms & Conditions (“Terms”) govern the use of this website and the provision of services by AWA Systems (“Company”).
Services may include system design, implementation, integration, and operational support. Where appropriate, selected external specialists may be involved.
These Terms establish the general legal framework. Specific services, deliverables, and responsibilities are defined exclusively in separate written agreements.
Use of this website or engagement of services constitutes acceptance of these Terms.
General Information
Further details on personal data processing are available in the Privacy Policy.
Acceptance
By accessing this website or engaging services, the user or client (“Client”) agrees to these Terms.
If these Terms are not accepted, use of the website and services must be discontinued.
Limitation of Liability
The Company is liable in accordance with applicable statutory provisions.
The Company is fully liable for damages arising from:
- intent or gross negligence
- injury to life, body, or health
- mandatory statutory liability
In cases of slight negligence, liability is limited to breaches of essential contractual obligations (cardinal obligations). In such cases, liability is limited to typical and foreseeable damages.
Any further liability for indirect damages, consequential damages, or loss of profit is excluded to the extent permitted by applicable law and only insofar as this does not conflict with liability for essential contractual obligations.
Where applicable, total liability is limited to the value of the respective contract, except where mandatory law provides otherwise.
Services may involve interaction with third-party systems, providers, or independently engaged specialists. These dependencies are outside the Company’s direct control.
The Company is not liable for damages resulting from:
- client-provided systems, infrastructure, or configurations
- third-party systems, platforms, or providers
- independently contracted third parties
- network conditions, latency, or external infrastructure
- external market conditions or execution environments
This does not apply where the Company has expressly assumed responsibility in writing.
Further details may be defined in individual agreements.
Intellectual Property
All materials, including system designs, structures, models, software, and documentation, remain the intellectual property of the Company unless explicitly agreed otherwise in writing.
No rights of use, license, or ownership are transferred unless expressly agreed.
Any unauthorized use, reproduction, or distribution is prohibited.
Applicable Law & Jurisdiction
These Terms are governed by the laws of Germany, taking into account applicable EU regulations.
For consumers, mandatory statutory provisions regarding jurisdiction apply.
For business clients, the place of jurisdiction is Berlin, to the extent legally permissible.
Dispute Resolution
Before initiating formal legal proceedings, the parties shall seek to resolve disputes through direct discussion.
The EU Online Dispute Resolution platform is available:
https://ec.europa.eu/consumers/odr
The Company is not obliged and not willing to participate in consumer dispute resolution proceedings unless required by applicable law.
For business engagements, alternative dispute mechanisms may be agreed separately.
Data Protection
Personal data is processed in accordance with the General Data Protection Regulation (GDPR).
The roles of the parties (controller or processor) are determined based on the specific service context.
Where the Company acts as a processor, processing is carried out in accordance with Art. 28 GDPR and based on a Data Processing Agreement (DPA).
Data is processed only to the extent necessary for:
- communication
- contractual performance
- service delivery and execution
Where external specialists are involved:
- access is limited to what is necessary
- appropriate confidentiality and data protection obligations apply
- they act independently unless explicitly agreed otherwise
Further details are set out in the Privacy Policy.
Scope of Services
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Scope
Services include system design, engineering, integration, automation, and operational support. -
Individual Agreements
Each engagement is defined through a separate written agreement specifying:- scope
- deliverables
- responsibilities
- timelines
-
External Specialists
Selected external specialists may be involved where necessary.- roles are clearly defined
- responsibilities are limited to specific tasks
- they act independently and are not considered agents unless explicitly agreed
-
System Boundaries
Responsibility applies strictly within the agreed scope.External systems, providers, and independently engaged parties remain outside direct control unless explicitly included.
-
No Outcome Guarantee
No guarantee is made regarding specific economic, operational, or financial outcomes unless explicitly agreed in writing. -
Assumptions
Services are based on agreed assumptions. Changes in external conditions may affect results.
Fees & Payments
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Fees
Fees are defined in written agreements. -
Advance Payments
Advance payments or deposits may be required. -
Payment Terms
Invoices are payable within agreed terms. Statutory default interest may apply. -
Third-Party Costs
Costs for third-party services or infrastructure are charged separately unless agreed otherwise. -
Suspension
Services may be suspended in case of overdue payments after reasonable notice. -
Changes in Scope
Any changes require written agreement and may affect pricing and timelines.
Data Handling
Client data remains the property of the Client.
The Company processes data only within:
- contractual scope
- applicable legal requirements
- agreed confidentiality obligations
Third-Party Systems
Services may involve third-party systems, APIs, infrastructure, or platforms.
The Company is not responsible for:
- availability
- performance
- security
- reliability
of such third-party systems unless explicitly agreed.
Delays or failures caused by such dependencies do not constitute a breach of contract.
Confidentiality
Both parties agree to keep all non-public, technical, financial, and operational information confidential.
This obligation continues beyond termination of the engagement.
Force Majeure
The Company is not liable for delays or failures caused by events beyond reasonable control, including:
- infrastructure failures
- cyber incidents
- regulatory actions
- force majeure events
Cookies
Use of cookies is governed by the Privacy Policy.
Changes
These Terms may be updated to reflect legal, technical, or operational changes.
The version in force at the time of contract conclusion applies to contractual relationships.
Severability
If any provision of these Terms is invalid or unenforceable, the remaining provisions remain unaffected.
Contact
For questions regarding these Terms or services:
Contact Form or info@awa.si
Last updated: 2026