Terms & Conditions
General Terms and Conditions of McDougall Digital for software development and IT services.
1. Scope of Application
(1) These General Terms and Conditions ("Terms") apply to all contracts concluded between McDougall Digital ("Contractor") and the customer ("Client") for the provision of IT services and software development.
(2) Deviating, conflicting, or supplementary terms of the Client shall only become part of the contract if and to the extent the Contractor has expressly agreed to their validity in writing.
2. Subject of Contract
(1) The subject of the contract is the development and/or customization of software and the provision of related services as specified in the respective service description.
(2) The exact scope of services is defined in the individual proposal or project agreement.
3. Client Cooperation
(1) The Client shall provide the Contractor with all documents, information, and access required for project execution in a timely manner and at no cost.
(2) The Client shall designate a responsible contact person authorized to make binding decisions.
(3) Delays caused by inadequate or late cooperation from the Client shall result in a corresponding extension of agreed deadlines.
4. Compensation and Payment Terms
(1) Compensation is based on the individual proposal. All prices are exclusive of applicable VAT.
(2) For larger projects, invoicing occurs in installments according to the agreed payment schedule, typically:
- 30% upon project commencement
- 40% upon reaching defined milestones
- 30% upon project completion/acceptance
(3) Invoices are due within 14 days of invoice date without deduction.
5. Acceptance
(1) Upon completion of agreed services, acceptance shall be performed by the Client.
(2) Acceptance is deemed to have occurred if the Client does not report material defects in writing within 14 days of delivery.
(3) Minor defects do not entitle the Client to refuse acceptance.
6. Warranty
(1) The Contractor warrants that the developed software performs the agreed functions upon acceptance.
(2) The warranty period is 12 months from acceptance.
(3) For justified defect claims, the Contractor will, at its discretion, either repair the defect or provide a replacement.
7. Liability
(1) The Contractor is fully liable for intentional misconduct, gross negligence, and damages arising from injury to life, body, or health.
(2) For ordinary negligence, the Contractor is only liable for breach of material contractual obligations, limited to foreseeable, contract-typical damages.
(3) Liability is limited in amount to the agreed compensation.
8. Usage Rights
(1) Upon full payment, the Client receives the exclusive, unlimited right to use the developed software without restrictions on time or territory.
(2) Source code will be provided to the Client unless otherwise agreed.
(3) The Contractor reserves the right to use generic components and frameworks in other projects.
9. Confidentiality
(1) Both parties undertake to keep confidential all information disclosed during the course of cooperation.
(2) This obligation continues after termination of the contractual relationship.
10. Final Provisions
(1) The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction, to the extent legally permissible, is the Contractor's place of business.
(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.
Last updated: January 2026