Last updated: June 2026 | Version 1.2 – Draft for legal review
General Terms and Conditions of Sequatech Inc. for IT services, quality assurance, software testing, test management, IT security, IoT and home automation, and project-related consulting services. This is a convenience translation; in case of discrepancies, the German version prevails.
Part A: General Provisions for All Customers
1. Provider, Scope, and Contracting Parties
1.1 These General Terms and Conditions (GTC) apply to all offers, contracts, services, and other legal relationships between Sequatech Inc. and its customers in the areas of IT services, quality assurance, software testing, test management, test automation, IT security, performance and load testing, test process optimization, test labs, IoT/home automation, and related consulting, development, support, and project services.
1.2 Unless expressly agreed otherwise, the contracting party is:
Sequatech Inc.
2232 Dell Range Blvd Ste 245
Cheyenne, WY 82009
USA
with its dependent permanent establishment in Germany:
Sequatech Inc. – Dependent Permanent Establishment Germany
Ganghoferstraße 15
82223 Eichenau
Germany
Email: info@sequa.tech
VAT ID (USt-IdNr.): DE350833656
1.3 These GTC apply both to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) and to consumers within the meaning of Section 13 BGB.
1.4 A consumer within the meaning of these GTC is any natural person who concludes a contract with Sequatech Inc. for purposes that are predominantly outside their trade, business, or profession.
1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity acting in the exercise of their trade, business, or profession when concluding the contract.
1.6 Where individual provisions of these GTC expressly apply only to entrepreneurs or only to consumers, this is indicated in the respective clause.
1.7 Mandatory statutory consumer rights take precedence with respect to consumers. Provisions of these GTC that conflict with mandatory statutory consumer protection law do not apply to consumers.
1.8 Deviating, conflicting, or supplementary terms and conditions of the customer become part of the contract only if Sequatech Inc. has expressly agreed to them in writing or in text form. With respect to consumers, this applies only to the extent legally permissible.
1.9 Individual agreements, in particular service descriptions, offers, project contracts, statements of work, individual orders, or project arrangements confirmed in writing, take precedence over these GTC.
2. Subject Matter; Services Only
2.1 Sequatech Inc. provides all services exclusively as services within the meaning of Sections 611 et seq. of the German Civil Code (BGB) (service contract). What is owed is professional performance in accordance with the recognised state of the art, not the achievement of a specific result. Contracts for work within the meaning of Sections 631 et seq. BGB are not concluded unless expressly agreed otherwise in text form in the individual case.
2.2 The content and scope of the services result from the respective offer, service description, statement of work, or individual order.
2.3 Services are provided remotely or on the customer’s premises, as agreed.
3. Offers and Conclusion of Contract
3.1 Offers by Sequatech Inc. are non-binding unless expressly designated as binding.
3.2 The contract is concluded upon order confirmation in text form or upon commencement of the provision of services.
3.3 The presentation of services on the website does not constitute a binding offer.
4. Customer Cooperation Obligations
4.1 The customer shall provide, in good time and free of charge, all information, documents, access, test environments, test data, and contact persons required for the provision of the services.
4.2 Delays resulting from omitted or late cooperation are not attributable to Sequatech Inc. Additional effort caused thereby may be charged at the agreed rates; with respect to consumers, this applies only after prior notice.
4.3 The customer is responsible for regularly backing up their data. Before carrying out work involving risk, Sequatech Inc. will advise consumers of any necessary data backup.
5. Remuneration and Payment Terms
5.1 Remuneration is based on time and effort at the agreed rates or as a fixed price in accordance with the offer.
5.2 For entrepreneurs, all prices are net prices plus the applicable statutory value added tax.
Prices for Consumers
For consumers, prices are stated as total prices including the applicable statutory value added tax, where such tax is payable.
Additional costs, in particular travel costs, material costs, licence costs, external costs, or third-party costs, are charged to consumers only if they were expressly agreed or transparently disclosed before the conclusion of the contract.
Where billing is based on time spent, the consumer will be informed before the conclusion of the contract of the agreed hourly or daily rate and the expected basis of calculation.
5.3 Unless agreed otherwise, invoices are payable within 14 days of receipt without deduction.
6. Proof of Performance; No Acceptance
6.1 As only services are owed, no acceptance within the meaning of the law on contracts for work takes place. Upon request, Sequatech Inc. will issue activity or performance records.
6.2 Where an acceptance is expressly agreed in an individual case, the following applies additionally with respect to consumers:
With respect to consumers, deemed acceptance applies only if Sequatech Inc. has expressly requested the consumer to declare acceptance after completion of the service, a reasonable period has been set, and Sequatech Inc. has separately informed the consumer of the legal consequences of an acceptance not declared or refused without specifying defects.
Statutory consumer rights remain unaffected.
7. Liability
Sequatech Inc. is liable without limitation in cases of intent and gross negligence.
In cases of simple negligence, Sequatech Inc. is liable only for the breach of essential contractual obligations. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.
In the event of a simply negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for this type of contract, to the extent legally permissible.
The limitations of liability do not apply in cases of injury to life, body, or health, claims under the German Product Liability Act, the assumption of a guarantee, fraudulent concealment of a defect, or where liability is mandatory by law.
With respect to consumers, these limitations of liability apply only to the extent legally permissible. Mandatory statutory consumer rights remain unaffected.
Sequatech Inc. is liable for loss of data only to the extent that the damage would also have occurred if the customer had carried out proper and regular data backups. With respect to consumers, this applies only if the consumer was expressly advised of the need for a data backup before the service was carried out and the data backup was reasonable for the consumer.
8. Confidentiality and Data Protection
8.1 The parties shall treat as confidential all information of the other party that is marked as confidential or is recognisably confidential; this obligation continues after the end of the contract.
8.2 Sequatech Inc. processes personal data in accordance with the Privacy Policy. Where Sequatech Inc. processes personal data on behalf of the customer, the parties will conclude a data processing agreement pursuant to Art. 28 GDPR.
9. Rights of Use in Work Results
9.1 Upon full payment of the remuneration, the customer receives a simple, perpetual right to use delivered work results (for example reports, test concepts, evaluations, documentation) for internal purposes, unless agreed otherwise.
9.2 Pre-existing intellectual property rights as well as general methods, knowledge, and experience remain with Sequatech Inc.
Part B: Special Provisions for Entrepreneurs
10. No Supply of Temporary Workers
10.1 Sequatech Inc. provides its services as independent services on its own responsibility. The supply of temporary workers within the meaning of the German Temporary Employment Act (AÜG) is not the subject of the contracts.
10.2 The personnel deployed is subject exclusively to the direction of Sequatech Inc. and is not integrated into the customer’s business organisation.
10.3 In performing the contract, the parties will ensure that the distinction from the supply of temporary workers is maintained.
11. Set-Off and Retention
11.1 A customer who is an entrepreneur may set off against claims of Sequatech Inc. only with undisputed or legally established claims and may exercise a right of retention only for claims arising from the same contractual relationship.
Part C: Special Provisions for Consumers
12. Special Provisions for Consumers
12.1 Sequatech Inc. also provides services to consumers, in particular in the areas of private IT consulting, setup and testing of IT systems, home networks, smart home/IoT systems, software installations, data backup consulting, technical analysis, fault diagnosis, documentation, training, and other IT-related services.
12.2 Statutory consumer rights apply to consumers without restriction unless these GTC contain a provision more favourable to the consumer.
12.3 Before the conclusion of the contract, Sequatech Inc. will inform consumers of the essential characteristics of the service, the total price or the basis of its calculation, payment terms, the period of performance, the term, the conditions for termination, and any right of withdrawal, to the extent such information is required by law.
12.4 For contracts with consumers concluded at a distance or off premises, the consumer has a statutory right of withdrawal in principle, unless a statutory ground for exclusion or expiry applies.
12.5 Distance contracts are in particular contracts concluded exclusively by means of distance communication, for example by email, telephone, online form, messenger, video conference, or comparable means of communication.
12.6 Off-premises contracts are in particular contracts concluded in the simultaneous physical presence of the parties outside the business premises of Sequatech Inc., for example at the consumer’s location.
12.7 If the consumer expressly requests that Sequatech Inc. begin the service before the end of the withdrawal period, the consumer must expressly consent to this before the service begins. In this case, the consumer is additionally informed that, in the event of withdrawal, they may owe compensation for the value of the services provided up to the withdrawal.
12.8 In the case of complete performance of a service, the right of withdrawal may expire if Sequatech Inc. began performance only after the consumer expressly consented to Sequatech Inc. beginning performance before the end of the withdrawal period and the consumer confirmed their knowledge that their right of withdrawal expires upon complete performance of the contract. The statutory requirements follow from Section 356 BGB.
12.9 If the consumer withdraws from a contract for services after having expressly requested that Sequatech Inc. begin the service before the end of the withdrawal period, Sequatech Inc. may demand compensation for the value of the services provided up to the withdrawal, provided the statutory requirements are met. The statutory basis is Section 357a BGB.
12.10 For digital content or digital services not supplied on a tangible medium, the special statutory rules on the right of withdrawal apply. The right of withdrawal expires only under the statutory conditions, in particular upon the consumer’s express consent to performance beginning before the end of the withdrawal period and corresponding confirmation of their knowledge of the loss of the right of withdrawal. The basis is Section 356 BGB.
12.11 No shortened inspection, complaint, or acceptance periods apply to consumers to the extent they would deviate from mandatory statutory provisions.
12.12 Statutory defect rights apply to consumers. Restrictions of statutory warranty rights apply only to the extent legally permissible.
12.13 Jurisdiction agreements apply to consumers only to the extent legally permissible. Otherwise, the statutory places of jurisdiction apply.
12.14 The choice of German law applies to consumers only insofar as it does not deprive the consumer of the protection of mandatory provisions of the law of the state in which the consumer has their habitual residence.
13. Withdrawal Notice for Consumers
Consumers have a statutory right of withdrawal for off-premises contracts and distance contracts, about which they are informed below. The withdrawal notice is additionally provided to consumers in the offer or ordering process.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us
Sequatech Inc., Dependent Permanent Establishment Germany
Ganghoferstraße 15, 82223 Eichenau, Germany
Email: info@sequa.tech
of your decision to withdraw from this contract by an unequivocal statement, for example a letter sent by post or an email.
You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement.
If you requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Early Commencement of the Service
I expressly request that Sequatech Inc. begin performing the commissioned service before the end of the withdrawal period.
I have taken note that, in the event of withdrawal, I may owe compensation for the value of the services provided up to the withdrawal.
I have also taken note that my right of withdrawal may expire upon complete performance of the contract if Sequatech Inc. has performed the service in full and I expressly consented, before performance began, to Sequatech Inc. beginning performance before the end of the withdrawal period.
Checkbox for website / offer:
[ ] I expressly request that Sequatech Inc. begin performing the commissioned service before the end of the withdrawal period. I have taken note that, in the event of withdrawal, I may owe compensation for the value of the services provided up to the withdrawal.
[ ] I expressly agree that Sequatech Inc. may perform the service in full before the end of the withdrawal period. I have taken note that my right of withdrawal may expire upon complete performance of the contract.
14. Model Withdrawal Form
If you want to withdraw from the contract, you may fill in this form and return it to us. The use of this form is not obligatory.
To:
Sequatech Inc., Dependent Permanent Establishment Germany
Ganghoferstraße 15, 82223 Eichenau, Germany
Email: info@sequa.tech
I hereby withdraw from the contract concluded by me for the provision of the following service:
Ordered on:
Name of the consumer:
Address of the consumer:
Email address of the consumer:
Date:
Signature of the consumer (only if this form is notified on paper):
15. Digital Content and Digital Services
Where Sequatech Inc. provides consumers with digital content or digital services not supplied on a tangible medium, the special statutory rules on the right of withdrawal apply.
The right of withdrawal for digital content or digital services may expire if the consumer has expressly consented to Sequatech Inc. beginning performance of the contract before the end of the withdrawal period and the consumer has confirmed their knowledge that, by giving such consent, they may lose their right of withdrawal upon commencement of performance.
Checkbox for website / offer:
[ ] I expressly agree that Sequatech Inc. may begin providing digital content or digital services before the end of the withdrawal period. I have taken note that I may thereby lose my right of withdrawal, provided the statutory requirements are met.
16. Special Precedence Rule for Consumers
Where these GTC contain provisions that, by their content, are permissible only in business dealings with entrepreneurs, those provisions do not apply to consumers. This concerns in particular provisions on shortened complaint periods, deemed approvals, blanket limitations of liability, deemed acceptance, jurisdiction agreements, set-off restrictions, or other restrictions of statutory consumer rights.
Mandatory statutory rights always apply to consumers, in particular rights of withdrawal, warranty rights, information obligations, and statutory liability rules.
17. Consumer Dispute Resolution
Sequatech Inc. participates in dispute resolution proceedings before a consumer arbitration board (Section 36 of the German Consumer Dispute Resolution Act, VSBG). The competent body is the Universalschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany.
Note: The EU online dispute resolution platform (ODR platform) was discontinued on 20 July 2025.
Part D: Final Provisions
18. Jurisdiction and Applicable Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, unless mandatory statutory provisions provide otherwise.
With respect to consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection of mandatory provisions of the law of the state in which the consumer has their habitual residence.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is, to the extent legally permissible, the seat of the German permanent establishment of Sequatech Inc.
The statutory places of jurisdiction apply to consumers.
19. Final Provisions
19.1 Amendments and additions to these GTC must be made in text form.
19.2 Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected. The statutory provisions apply in place of the invalid provision.