General Terms and Conditions

Last updated: December 20, 2025

(Note: This translation is provided for convenience only. In case of discrepancies, the German version shall prevail.)

PART A – GENERAL PROVISIONS

(Applies to all contracts unless more specific regulations are made in Parts B or C)

§ 1 Scope of Application

  1. The following terms and conditions apply to all legal transactions of Kielburger IT-Consulting (hereinafter referred to as “Service Provider”) with its contractual partner (hereinafter referred to as “Customer”), in particular for IT services, consulting, hardware sales, and web hosting.
  2. Deviating, conflicting, or supplementary General Terms and Conditions of the Customer shall not become part of the contract unless their validity is expressly agreed to in writing.
  3. These GTC shall also apply to all future business relationships, even if they are not expressly agreed upon again.

§ 2 Conclusion of Contract

  1. Offers made by the Service Provider are subject to change and non-binding unless expressly marked as binding.
  2. A contract is concluded by the written order confirmation of the Service Provider, by signing a separate contract, or implicitly by the commencement of service provision.

§ 3 Remuneration and Payment Terms

  1. Price List: Billing is generally based on the Service Provider’s price list valid at the time the contract is concluded. The Customer acknowledges that the price list is adjusted at regular intervals to reflect cost developments and market price levels. The current price list can be requested or viewed at any time. Deviating or supplementary individual price agreements (e.g., flat rates or special conditions) take precedence and remain unaffected.
  2. Due Date: Invoices are payable without deduction and – unless agreed otherwise – due for payment within 30 days of receipt.
  3. Default: If the Customer is in default of payment, the Service Provider is entitled:
    • To charge default interest at the statutory rate (5 percentage points above the base rate for consumers, 9 percentage points for entrepreneurs).
    • To charge a dunning fee of 6.00 EUR for each extrajudicial reminder sent after the default has occurred. The Customer is permitted to prove that significantly less or no damage has occurred.
  4. Right of Retention: The Customer is only entitled to set-off or retention if their counterclaims have been legally established or are undisputed by the Service Provider.

§ 4 Special Provisions for the Sale of Hardware

  1. Retention of Title: The delivered hardware remains the property of the Service Provider until full payment of all claims arising from the purchase contract has been made.
  2. Passing of Risk: If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the Customer upon handover, or in the case of sale by dispatch, upon delivery of the goods to the forwarder, carrier, or the person or institution otherwise designated to carry out the dispatch. For consumers, the risk only passes to the Customer upon handover of the goods.
  3. Warranty:
    • Statutory warranty rights apply unless agreed otherwise below.
    • For entrepreneurs, the warranty period for new goods is one year from delivery. For used goods, the warranty for entrepreneurs is excluded.
    • For consumers, the warranty period for used goods is one year from delivery.
    • These reductions do not apply in cases of injury to life, body, and health, or for damages caused intentionally or through gross negligence.

§ 5 Liability

  1. The Service Provider is liable in cases of intent or gross negligence in accordance with statutory provisions.
  2. In cases of slight negligence, the Service Provider is only liable for injury to life, body, or health, or for the breach of essential contractual obligations (cardinal duties). In this case, liability is limited to the contract-typical, foreseeable damage.
  3. Liability Cap: In the event of damage, liability is limited by the existing public liability insurance to a maximum sum of 5,000,000 EUR. Further claims are excluded to the extent permitted by law.
  4. Data Loss: The Service Provider is only liable for the loss of data if the Customer has ensured through regular data backups (at least once daily) that this data can be reconstructed with reasonable effort. Liability is limited to the cost of restoration.

§ 6 Data Protection & Confidentiality

  1. The parties undertake to treat all trade secrets and confidential information obtained during the collaboration as confidential for an unlimited period of time.
  2. The Service Provider processes personal data of the Customer exclusively within the scope of the commissioned services and according to the provisions of the General Data Protection Regulation (GDPR).
  3. Insofar as the Service Provider processes personal data on behalf of the Customer (e.g., within the scope of web hosting or remote maintenance), the parties shall conclude a separate Data Processing Agreement (DPA) according to Art. 28 GDPR if required by law.

§ 7 Right of Withdrawal

  1. Entrepreneurs: If the Customer acts in the exercise of their commercial or self-employed activity, there is no right of withdrawal.
  2. Consumers: Consumers generally have a statutory 14-day right of withdrawal for distance contracts or contracts concluded outside of business premises (e.g., contract conclusion at the Customer’s site).
  3. Expiry of the Right of Withdrawal for Services: The right of withdrawal expires prematurely if:
    • The Customer has explicitly consented to the Service Provider starting the execution of the service before the end of the withdrawal period, and
    • The Customer has confirmed their knowledge that they lose their right of withdrawal once the contract has been fully performed.
    (Note: This is usually documented by the form “Important agreements before start of order” signed by the Customer.)
  4. Exclusion for Goods: The right of withdrawal does not exist for goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g., individually configured PC systems).

PART B – SPECIAL CONDITIONS FOR IT SERVICES

§ 8 Scope of Services and Cooperation

  1. The exact scope of services results from the respective service description or offer.
  2. The Service Provider provides services according to the recognized rules of technology. A specific result is not owed unless a contract for work and services (Werkvertrag) has been expressly agreed upon.
  3. The Customer supports the Service Provider in the fulfillment of the contractually owed services, in particular by providing information, access, and necessary hardware/software in a timely manner.

§ 9 Remote Maintenance (RustDesk)

  1. The Service Provider uses the software “RustDesk” or comparable solutions for support and remote maintenance work.
  2. A connection is only established if the Customer technically approves it (e.g., by communicating the ID/password or confirming on screen).
  3. Unattended access to the Customer’s systems is excluded unless a separate agreement (e.g., for server maintenance) has been expressly made in an individual case.

§ 10 Acceptance (for Contracts for Work)

Insofar as a contract for work and services (Werkvertrag) has been agreed upon, the result requires formal acceptance. Acceptance is deemed to have taken place if the Customer does not reject the service within 14 days of provision, stating significant defects, or uses the service productively.

PART C – SPECIAL CONDITIONS FOR WEB HOSTING

§ 11 Availability (SLA)

  1. The Service Provider guarantees an availability of its web hosting servers of 99% on an annual average.
  2. Excluded from this are times when the server is unavailable due to technical or other problems outside the Service Provider’s control (force majeure, third-party fault, internet infrastructure failure, etc.) or announced maintenance work.
  3. A guarantee for uninterrupted availability is not provided.
  4. In the event of falling below the availability, the Service Provider is liable in accordance with the regulations in § 5 of these GTC.

§ 12 Obligations of the Customer / Content

  1. The Customer is obliged to keep passwords secret and prevent misuse by third parties.
  2. It is prohibited to publish content that violates legal bans or public decency. This applies in particular to pornographic, violent, extremist, or inciting content.
  3. The Customer indemnifies the Service Provider against all third-party claims based on unlawful content of the Customer.
  4. In case of violations, the Service Provider is entitled to block access immediately and terminate the contract without notice after an unsuccessful warning (or immediately in case of severe violations).

§ 13 Contract Term Hosting

  1. Unless agreed otherwise, hosting contracts are concluded for an indefinite period.
  2. The notice period is 1 month to the end of the contract month, provided no minimum term was agreed upon.
  3. The right to extraordinary termination for good cause remains unaffected.

PART D – FINAL PROVISIONS

§ 14 Jurisdiction and Applicable Law

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. If the Customer is a merchant, a legal entity under public law, or a special fund under public law, Frauenberg is the exclusive place of jurisdiction for all disputes arising from this contract. The Service Provider is, however, also entitled to sue at the Customer’s place of business.

§ 15 Dispute Resolution

The Service Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.