9.1 Axians shall complete contractual services according to the performance specifications defined in the offer or separately. Any consulting services also include selecting and utilizing third party companies. If no right to co-determination was expressly agreed for the client, third parties shall be selected in consideration of the basic principle of maintaining a balance between economic efficiency and the best possible success for the client.
9.2 (1) Above a minimum volume of 10 service days, Axians shall prepare a project plan and agree upon it with the customer based on the contract granted. A joint project controlling document will be prepared for this purpose. Deadlines (milestones) indicated there are considered declared intentions based on current available knowledge. Axians shall prepare project status reports regularly alongside the customer, and at least on a quarterly basis.
(2) Services performed shall be recorded in the service report. The customer must review this report for correct content and confirm that it is correct. Service reports shall generally be sent via e-mail. They will be considered approved if the customer does not indicate any objections or requests for changes within two weeks after receiving the service report.
(3) Axians shall prepare logs of work and tasks completed on the project, or shall update project controlling documents accordingly. These documents will be submitted to the customer in writing or via e-mail. The customer shall review the logs and project documents for correctness. These shall be considered approved and appropriate if the customer does not indicate any errors or requests for changes within two weeks after receipt. The parties will communicate regularly and inform one another regarding open points during the course of the project. Both parties will work to ensure these are documented and solved.
9.3 In general, if not otherwise agreed flat rate payments shall be made for services provided on site.
- Duration up to 4 hours: 0.5 daily flat rate
- Duration over 4 hours: 1 daily flat rate
- Duration over 8.5 hours: 1 daily flat rate plus time over 8.5 hours calculated to the quarter hour (at the hourly rate).
- Work for the customer performed in the Axians office / back office shall be invoiced to the quarter hour based on work performed and the hourly rate.
If not otherwise agreed, invoices shall be sent monthly at the start of the following month. Compensation by hours worked shall be paid after receipt of a proper invoice and the proof of performance (service report) issued by Axians and approved by the customer through counter-signing, unless some other form of proof of performance is agreed upon. The proof of performance / service report will be considered approved if and insofar as the customer does not assert any complaints within 14 days after receiving it.
9.4 The compensation to be paid for the service does not include travel expenses or per diem rates. These are paid separately according to Axians’ applicable travel expense categories. Per diem rates are charged per day and employee.
9.5 Any compensation paid in advance or already due will not be reimbursed or credited, even if services are not used within the agreed time period.
Ordered service contingents must be paid in advance. These must be called off annually and paid unless some other time period has been agreed upon. Any services used beyond this service contingent shall be invoiced by hours worked or partial 15 minute period worked based on the current valid Axians pricing list.
9.6 Deadlines agreed upon with the customer must be complied with. If the customer does not allow Axians to complete its work on the agreed date, or does not allow it to work for the entire work day, the agreed compensation must still be paid. If the customer cancels the date at the latest seven days in advance, half of the agreed compensation shall be owed. The customer is entitled to prove that damages were lower.
9.7 If Axians does not complete the service in accordance with the contract in a culpable manner, it is entitled to fulfill the service according to the contract within a reasonable time period. In order for this to apply, the customer must have submitted a prompt written complaint regarding the issue.