§ 1 Scope These Terms and Conditions apply to all contracts between Mokka Solutions (John Naska) and its clients for the provision of IT consulting services, AI/software development, and related services. By entering into an agreement with us, the client acknowledges these Terms and Conditions as binding. Any terms and conditions of the client that deviate from or conflict with these provisions will not be recognized unless we expressly agree to them in writing.

§ 2 Subject of the Contract The subject of the contract is the consulting, development, and delivery of custom IT and software solutions (in particular, AI-based solutions) as described in the respective offer. The specific scope of services and deliverables will be defined in the individual project contract or proposal for each project. Any changes or additions to the agreed scope of work must be documented in writing and agreed upon by both parties.

§ 3 Performance of Services Mokka Solutions will perform the agreed services with due professional care and in accordance with the agreed specifications. We commit to delivering all agreed results with the quality standards and within the timeframes specified in the contract. The client shall provide in a timely manner all cooperation and information necessary for us to fulfill our obligations. Delays or issues caused by missing client cooperation may impact delivery times and will not constitute a breach by Mokka Solutions.

§ 4 Remuneration and Payment Terms Fees for our services are determined by the individual offer or contract. All prices are net amounts and subject to the addition of applicable value-added tax (VAT) as required by law. Unless otherwise agreed, payments are due in full, without deductions, upon receipt of our invoice. Invoices are payable within the period stated on the invoice. If the client fails to pay by the due date, we reserve the right to claim default interest as permitted by law.

§ 5 Warranty Mokka Solutions warrants that its services and deliverables will substantially conform to the agreed contractual requirements and specifications at the time of delivery. The client must notify us promptly of any defects or non-conformities in the delivered work. In the event of legitimate and timely notices of defect, the client’s sole remedy is to allow Mokka Solutions a reasonable opportunity to cure the defect (rectification). If our attempt to rectify a defect fails or is unreasonable, the client may demand a reasonable reduction in price or terminate the contract for cause. Any further statutory warranty rights of the client remain unaffected. This warranty does not cover defects or issues caused by improper use or modification by the client or third parties.

§ 6 Final Provisions This contract and these Terms and Conditions are governed by the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is, to the extent legally permissible, Bad Homburg v.d.H., Germany. Any side agreements, modifications, or additions to this contract (including an agreement to waive this written form clause) must be made in writing to be effective. Should any provision of these Terms and Conditions be or become invalid or unenforceable, the remaining provisions shall remain in full force and effect. In place of the invalid provision, the parties will agree on a valid provision that most closely reflects the original economic intent of the invalid provision.