General terms and conditions

§ 1 Scope

(1) These general terms and conditions (the “Terms”) apply to all contracts between W&K Connect GmbH, Lehnitzstr. 11, 16515 Oranienburg, Germany (the “Provider”) and the customer concerning IT services, hosting, network administration, cloud solutions and related services.

(2) Deviating, conflicting or supplementary terms and conditions of the customer become part of the contract only if the Provider has expressly agreed to their application in writing.

(3) The offer is addressed exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code, legal persons under public law and special funds under public law. The Provider does not conclude contracts with consumers through this website.

§ 2 Conclusion of contract

(1) The presentation of services on the website does not constitute a legally binding offer but a non-binding invitation to submit an offer.

(2) The contract comes into existence when the Provider accepts the customer’s offer. Acceptance takes place by express confirmation or by performing the service.

§ 3 Description of services

(1) The scope of the services to be provided follows from the respective service description, the quote or the individual contract.

(2) The Provider is entitled to have the contractually agreed services performed by third parties as subcontractors. The Provider remains liable for proper performance even when third parties are involved.

(3) The Provider is entitled to make changes to the type and scope of the service, provided this is reasonable for the customer taking the interests of both sides into account.

§ 3a Scope of services and service level agreement

The Provider supplies in particular the following services: dedicated servers, virtual private servers, cloud infrastructure, cloud backup, managed firewall, managed WordPress, protection against overload attacks, CDN, DNS services and domain registration. The precise description of services follows from the respective product description.

The Provider guarantees an availability of 99.9 % per calendar month, measured at the server location. Announced maintenance windows are excluded, as are outages caused by force majeure, by third-party infrastructure (for example carrier failures) or by causes for which the customer is responsible. Maintenance windows are announced at least 48 hours in advance.

Response times and any credits follow the agreed service level; the applicable levels are described on the “Service level” page.

§ 4 Prices and payment

(1) All prices are in euro plus statutory VAT unless stated otherwise. For business customers in other EU member states with a valid VAT identification number, the reverse-charge procedure under § 13b of the German VAT Act applies.

(2) Invoices are payable without deduction within 14 days of the invoice date unless agreed otherwise.

(3) In the event of late payment the Provider is entitled to charge default interest of 9 percentage points above the base rate (§ 288 (2) of the German Civil Code).

§ 5 Customer’s duties to cooperate

(1) The customer provides the Provider with all information, documents and access required for performance in good time and in full.

(2) The customer ensures adequate backup of their data. Before the Provider works on the customer’s systems, the customer must carry out a complete data backup.

§ 6 Warranty and liability

(1) The Provider is liable for damages only in cases of intent and gross negligence. In cases of slight negligence the Provider is liable only for breach of material contractual duties whose fulfilment makes the proper performance of the contract possible in the first place.

(2) In cases of slight negligence liability is limited to the foreseeable damage typical of this type of contract.

(3) The above limitations do not apply to injury to life, body or health, nor to claims under the German Product Liability Act.

§ 7 Confidentiality and data protection

(1) The contracting parties treat all confidential information that becomes known in the course of the cooperation as confidential.

(2) Where the Provider processes personal data on behalf of the customer, the parties conclude a data processing agreement under Art. 28 GDPR.

§ 7a Processing and sub-processors

The data processing agreement is provided when the contract is concluded. The Provider uses the following sub-processors: Hetzner Online GmbH (data centre operation, Falkenstein and Nuremberg in Germany) and Cloudflare Germany GmbH (CDN and protection against overload attacks, optional depending on the product); only if the AI tier is booked, also Anthropic PBC (USA, language models of the diagnostic agents, operational data only). The Provider’s mailboxes are operated by Hosting Ukraine LTD (Kyiv). A current list is contained in the privacy notice.

§ 8 Term and termination

(1) The contract term follows from the respective individual contract.

(2) Contracts with a fixed term renew automatically for the original term unless terminated with three months’ notice to the end of the respective term.

(3) The right to extraordinary termination for good cause remains unaffected.

§ 9 Force majeure

Events of force majeure release the contracting parties from the obligation to perform for their duration. Force majeure includes in particular natural disasters, war, terrorist attacks, strikes, official orders, large-scale network or power failures, overload attacks on third-party infrastructure and pandemics. Liability for damages is excluded in these cases insofar as the party is not responsible for the delay.

§ 10 Final provisions

(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 person under public law or a special fund under public law, the exclusive place of jurisdiction is Oranienburg, Germany.

(3) Should any provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.