Tymofii Dolenko – Independent Contractor (Sole Proprietor)
Business Address: Forckenbeckstr. 65, 14199 Berlin, Germany
Version 1.0 – Effective December 2025
(1) These General Terms and Conditions ("AGB") apply to all services provided by Tymofii Dolenko, acting as an independent sole proprietor, to business clients.
(2) Individual agreements (e.g., Contractor Agreement, Statement of Work, Work Order) take precedence over these AGB. These AGB apply in addition unless the parties expressly agree otherwise.
(1) All services are performed in the capacity of an independent entrepreneur.
(2) The Contractor is not subject to instructions regarding working hours, workplace, or the manner in which services are executed.
(3) No employment relationship is created.
(4) The Contractor bears entrepreneurial risk, including responsibility for work equipment, business expenses, and the organization of his operations.
(5) The Contractor is solely responsible for all tax and social security obligations applicable to him.
(1) No exclusivity is created.
(2) The Contractor remains free at all times to work for additional clients.
(3) No economic dependency on the Client is established.
(1) The Contractor is not obliged to accept any specific task, project, extension, or change request.
(2) Work packages are agreed upon mutually; there is no entitlement to any minimum volume of work.
(1) The Contractor may, at his discretion, engage subcontractors, freelance staff, or other assistants.
(2) The Contractor ensures that all confidentiality and data protection obligations are upheld.
(1) The Contractor uses his own tools, equipment, and software environments, unless otherwise agreed.
(2) The Client may define project goals, deliverables, and acceptance criteria, but has no control over the specific manner in which the Contractor performs the services.
(3) No fixed attendance, availability, or working-time requirements apply.
(1) Compensation is agreed individually.
(2) The Contractor issues his own invoices, payable within the agreed payment period.
(3) The Contractor is solely responsible for taxes, social security contributions, and any mandatory payments arising from his business activity.
(4) Travel or additional expenses are reimbursed only if agreed in advance in writing.
(1) Any change or expansion of services requires a separate agreement.
(2) Additional work is billed separately unless otherwise agreed.
(1) The Contractor is liable only for intentional misconduct or gross negligence.
(2) For breaches of essential contractual obligations (cardinal duties), liability is limited to foreseeable and typical damages.
(3) Any further liability is excluded.
(1) Both parties shall maintain the confidentiality of all non-public information exchanged in the course of cooperation.
(2) This confidentiality obligation survives termination.
(1) Rights to deliverables transfer to the Client only upon full payment and only to the extent defined in the individual agreement.
(2) Pre-existing intellectual property of the Contractor remains exclusively with him.
(1) Term and termination provisions follow the individual agreement.
(2) Services rendered up to the termination date must be remunerated.
(1) Unless otherwise agreed, these AGB are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The courts at the Contractor's place of business have jurisdiction, unless mandatory law dictates otherwise.
If any provision of these AGB is invalid or unenforceable, the remaining provisions remain unaffected. The parties will replace the invalid clause with one that most closely reflects the original commercial intent.