Terms of Service
Terms of Service
§ 1 Scope of application
These Terms of Service apply to the use of the RealPainPoints website (realpainpoints.com) and all services provided by Geordan Gesink as a freelance software developer. Deviating, conflicting or supplementary terms and conditions do not become part of the contract, unless their validity is expressly agreed to in writing.
§ 2 Contracting parties
Service provider:
Geordan Gesink
Haesselackerstraße 3
69198 Schriesheim
Germany
Email: geordan@realpainpoints.com
User: Visitors and users of the RealPainPoints website
§ 3 Subject matter of services
RealPainPoints provides a platform for discovering and exploring real tech problems and pain points. The service includes:
- Access to a curated database of tech problems and pain points
- Search and filtering functionality for problem discovery
- Problem scoring and categorization
- Educational content about problem validation
- Freelance software development services (upon separate agreement)
The exact scope of freelance services results from separate project contracts or written agreements.
§ 4 Contract conclusion
Offers are non-binding. The contract comes into effect through written confirmation of the order by the service provider. Oral side agreements do not exist.
§ 5 Service provision
The service provider undertakes to provide the agreed services carefully and professionally. The service provision is carried out according to the rules of technology and the recognized standards of software development.
The customer is obliged to provide all information, documents and access required for the service provision in a timely and complete manner.
Deadlines and time limits are only binding if they have been agreed in writing.
§ 6 Remuneration
Remuneration is based on the agreed hourly rates or flat rates. All prices are plus the statutory value added tax.
Invoices are due within 14 days of invoicing without deduction. In case of payment default, default interest of 9% p.a. above the base interest rate is calculated.
The service provider is entitled to stop service provision in case of payment default, without this affecting his claims for remuneration.
§ 7 Copyright and usage rights
The service provider retains the copyright to the software solutions developed by him. The customer receives the usage rights required for the agreed use.
The transfer of usage rights only takes place against full payment of the agreed remuneration.
The customer undertakes to respect the copyrights of the service provider and not to make unauthorized copies or modifications.
§ 8 Warranty
The service provider warrants that the services provided are free from defects and comply with the agreed specifications. Warranty claims only exist for defects documented in writing.
§ 9 Liability
The service provider is only liable for intent and gross negligence. Liability for slight negligence is limited to the foreseeable, contract-typical damage.
Liability for lost profits, consequential damages and indirect damages is excluded insofar as legally permissible.
Liability is limited to the amount of the agreed remuneration.
§ 10 Data protection
The service provider undertakes to treat all data of the customer that becomes known in the course of order fulfillment confidentially and not to pass it on to third parties. The details are set out in the privacy policy.
§ 11 Final provisions
Should individual provisions of these Terms of Service be or become invalid, the validity of the remaining provisions remains unaffected.
German law applies excluding the UN Convention on Contracts for the International Sale of Goods.
Place of jurisdiction is Schriesheim, provided the customer is a merchant, legal entity under public law or public law special fund.