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.
  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 the Service Provider’s premises 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:
    • Demand default interest at the statutory rate (5 percentage points above the base interest rate for consumers, 9 percentage points for entrepreneurs).
    • Charge a dunning fee of 6.00 EUR for each extrajudicial reminder sent after the default has occurred. The Customer retains the right 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 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). The claim for damages for the slightly negligent breach of essential contractual obligations is, however, limited to the contract-typical, foreseeable damage.
  3. Liability Cap: In the event of damage, the liability of the Service Provider is limited by the existing public liability insurance to a maximum sum of 5,000,000 EUR. Claims exceeding this amount 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 recovery.

§ 5 Data Protection & Confidentiality

  1. The parties undertake to treat all knowledge of confidential information and trade secrets of the other contractual partner obtained within the scope of the cooperation 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 in accordance with the provisions of the General Data Protection Regulation (GDPR).
  3. Insofar as the Service Provider processes personal data on behalf of the Customer within the scope of web hosting or remote maintenance, the parties shall conclude a separate Data Processing Agreement (DPA) in accordance with Art. 28 GDPR, if legally required.

§ 6 Right of Withdrawal

  1. Entrepreneurs: If the Customer is an entrepreneur (§ 14 BGB), i.e., acting in the exercise of their commercial or independent professional activity when concluding the contract, there is no right of withdrawal.
  2. Consumers: If the Customer is a consumer (§ 13 BGB), they generally have a statutory 14-day right of withdrawal for distance contracts or contracts concluded outside of business premises (e.g., concluding a contract at the Customer’s premises).
  3. Expiry of the Right of Withdrawal for Services: The right of withdrawal expires prematurely in the case of a contract for the provision of services if:
    • the Customer has expressly agreed that the Service Provider shall begin executing the service before the end of the withdrawal period, and
    • the Customer has confirmed their knowledge that they lose their right of withdrawal upon complete fulfillment of the contract by giving their consent.
    (Note: This is usually documented by the form “Important Agreements before Commencement of Order” signed by the Customer.)
  4. Exclusion for Goods Delivery: A right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for the manufacture of which 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

§ 7 Scope of Services and Cooperation

  1. The exact scope of services results from the respective order description or the offer.
  2. The Service Provider provides services according to the recognized rules of technology. A specific success 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. This includes, in particular, the timely provision of information, access, as well as necessary hardware and software.

§ 8 Remote Maintenance (RustDesk)

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

§ 9 Acceptance (for Contracts for Work)

If a service under a contract for work and services has been agreed upon, it requires acceptance. Acceptance is deemed to have taken place if the Customer does not refuse the service within 14 days of provision, stating significant defects, or uses the service productively.

PART C – SPECIAL CONDITIONS FOR WEB HOSTING

§ 10 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 cannot be reached due to technical or other problems that are not within the sphere of influence of the Service Provider (force majeure, fault of third parties, disruptions of the internet infrastructure, etc.), as well as announced maintenance work.
  3. A guarantee for uninterrupted availability is not assumed.
  4. In the event of falling below the availability, the Service Provider is liable in accordance with the regulations in § 4 of these GTC.

§ 11 Obligations of the Customer / Content

  1. The Customer is obliged to keep their passwords secret and prevent misuse by third parties.
  2. The Customer is prohibited from publishing content that violates statutory prohibitions or public morals. This applies in particular to pornographic, violence-glorifying, extremist, or seditious content.
  3. The Customer indemnifies the Service Provider against all claims by third parties based on unlawful content of the Customer.
  4. In the event of violations, the Service Provider is entitled to block access immediately and to terminate the contract without notice after an unsuccessful warning (immediately in the case of serious violations).

§ 12 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 has been agreed upon.
  3. The right to extraordinary termination for good cause remains unaffected.

PART D – FINAL PROVISIONS

§ 13 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. However, the Service Provider is also entitled to sue at the Customer’s place of business.

§ 14 Dispute Resolution

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