Terms and Conditions

These Terms and Conditions apply to all contracts between Wernecke IT (owner: John-Paul Wernecke, Schwarzburger Straße 9, 12687 Berlin - hereinafter "Contractor") and its clients (hereinafter "Client") regarding IT support, hosting, web development and networking services. The German version of these terms is the legally binding original; this English translation is provided for convenience only.

§ 1 Scope

(1) These terms apply exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal persons under public law and special funds under public law.

(2) Deviating, conflicting or supplementary general terms of the Client become part of the contract only if and to the extent that the Contractor has expressly consented to their validity in writing.

§ 2 Conclusion of contract

Offers from the Contractor are non-binding. A contract comes into effect when the Client accepts an offer in text form (email is sufficient) or when the Contractor begins providing the service.

§ 3 Scope of services

(1) The specific scope of services follows from the respective offer or order confirmation. No verbal side agreements exist.

(2) The Contractor may engage subcontractors for the provision of services. Data processing on behalf of the Client under the GDPR is governed by a separate agreement.

§ 4 Response times and service levels

Response and availability times (service levels / SLAs) for IT support and hosting are agreed individually in the respective contract. Without an explicit agreement, the Contractor does not owe any specific response or availability times.

§ 5 Client cooperation

The Client appoints a contact person, provides necessary access (e.g. admin credentials, VPN, premises) and ensures timely delivery of required information. Delays caused by failure to cooperate are not the Contractor's responsibility.

§ 6 Fees and payment

(1) The prices agreed in the offer apply. Fixed prices are marked as such; otherwise work is billed by effort at the agreed hourly rates.

(2) The Contractor is a small business under § 19 UStG; VAT is therefore not shown separately on invoices.

(3) Invoices are due net within 14 days of receipt. Hosting is billed monthly or annually in advance.

§ 7 Term and termination

(1) Unless agreed otherwise, hosting contracts run for an indefinite period and may be terminated with one month's notice to the end of the month. Deviating terms (e.g. an annual minimum term) may be agreed in the individual contract.

(2) Maintenance and SLA contracts may be terminated with one month's notice to the end of the month, unless a minimum term has been agreed.

(3) The right to extraordinary termination for cause remains unaffected. Termination must be in text form.

§ 8 Usage rights

For works created by the Contractor under a service contract (e.g. source code, configurations), the Client receives, upon full payment, a non-exclusive, geographically and temporally unrestricted right of use for the agreed purpose. The transfer of exclusive rights of use requires an explicit agreement.

§ 9 Liability

(1) The Contractor is liable without limitation for intent and gross negligence and for injuries to life, body or health.

(2) For simple negligence, the Contractor is liable only for breach of essential contractual obligations (cardinal duties), limited to the foreseeable damage typical for the contract.

(3) Any further liability, in particular for lost profit, indirect damages and data loss, is excluded to the extent permitted by law. The Client remains obliged to maintain its own data backups.

§ 10 Data protection and confidentiality

The parties undertake to treat all information obtained in the course of contract execution as confidential and to comply with applicable data protection law, in particular the GDPR. Where data processing on behalf of the Client (Auftragsverarbeitung) takes place, a separate agreement is concluded.

§ 11 Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with these terms is Berlin, provided the Client is a merchant, a legal person under public law or a special fund under public law.

(3) Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected.

As of: May 2026.