↓ Skip to main content

General Terms and Conditions (GTC)
#

Date: 02.02.2026

1. Scope of Application
#

These General Terms and Conditions apply to all services provided by Xenoelectronics (hereinafter referred to as “we” or “us”), in particular:

  • IT support and consulting
  • On-site and remote services
  • IT monitoring & security auditing
  • Maintenance and monitoring contracts for IT systems

These GTC apply to both private consumers and business customers. Deviating agreements require text form. Insofar as separate contractual agreements (e.g., a Maintenance & Monitoring Contract) have been made with the customer, these regulations take precedence over these GTC.

2. Description of Services & Delimitation
#

We provide IT services according to the agreed scope of services.

Typical Services:
#

  • IT support, error analysis, and system assistance
  • Support for Windows and Linux systems
  • IT monitoring & security auditing
  • Setup, optimization, and consulting

Fundamental Delimitation (Service Contract):
#

Unless a contract for work (Werkvertrag) has been expressly agreed upon in writing, we do not owe a specific success, but rather a professional service according to the current state of the art (Dienstvertrag).

Recommendations, advice, or assessments do not constitute a guarantee for a specific result, complete problem resolution, or permanent functionality.

The obligation to pay exists regardless of whether a malfunction, error, or problem could be completely resolved. The decisive factor is the actual utilization of the service (time expenditure) and professional action.

Not included (unless separately agreed):
#

  • 24/7 on-call service or guaranteed response times
  • Emergency or immediate deployments
  • Manufacturer or vendor support
  • Data recovery without existing backup
  • Hardware repairs or procurement of spare parts

3. IT Monitoring & Security Auditing
#

Monitoring services serve exclusively for:

  • Surveillance
  • Control
  • Early detection of problems

There is no automatic troubleshooting unless explicitly commissioned. Monitoring does not replace antivirus protection or complete security surveillance. It offers no absolute protection against security incidents (e.g., malware, ransomware, phishing, zero-day attacks).

Recommended measures will only be implemented upon express authorization (“Go”). If the customer decides against recommended measures, liability for resulting damages is excluded.

4. Conclusion of Contract
#

A contract is concluded through written, electronic, or verbal authorization.

Authorization is notably explicitly granted by:

  • telephone request for support or services,
  • request for assistance via e-mail or messenger services (e.g., WhatsApp, SMS, Signal, Telegram),
  • approval of remote access,
  • or implied authorization through the actual utilization of the service.

A separate written confirmation is not required for this.

5. Prices & Payment Conditions
#

Prices (Base)
#

  • Hourly rate (on-site & remote): € 69 / hour (net)
  • Remote access flat rate: € 29 (net) per session
  • Travel costs: € 0.39 / km

Billing is based on time expenditure. Billing takes place in 15-minute units. The minimum billing duration per order or session is 30 minutes.

IT Monitoring Flat Rates (Monthly)
#

  • Workstations: € 29 / PC / month (net)
  • Physical Servers (Bare-Metal Hosts): € 99 / month (net)
  • Virtual Systems (VMs): € 49 / VM / month (net)
  • Containerized Service / Stack: € 29 / month (net)
  • Additional Systems (e.g., Firewall, NAS, Router): € 39 / month (net)

All prices are subject to statutory Value Added Tax (VAT).

Price Adjustment
#

We are entitled to adjust prices (esp. for ongoing maintenance contracts) to compensate for increased costs (e.g., energy, infrastructure, licenses). Price adjustments will be announced to the customer at least one month in advance. If the customer does not object within this period, the new prices are deemed agreed.

Due Date & Billing
#

  1. One-time services (Support/Hardware): Invoices are due immediately upon receipt (or within 7 days) without deduction.
  2. Continuing obligations (Maintenance Contracts): Monthly flat rates are billed regularly in advance at the beginning of the service month.

Default of Payment & Blocking (“Kill-Switch”)
#

If the customer is in default of payment, statutory default interest applies (§ 288 BGB) as well as dunning lump sums (€ 40 for business customers).

In the event of payment default of more than 2 months for continuing obligations, we are entitled to withhold services (blocking access, deactivating monitoring agents). Important: The customer’s obligation to pay the monthly flat rate remains in effect even during the period of blocking until the end of the contract, as resources continue to be reserved.

Services outside Support Times
#

If services are provided outside regular business hours at the express request of the customer, billing will include a surcharge of 100%.

6. Duties of Cooperation of the Customer
#

The customer ensures:

  • necessary access, passwords, and information
  • functioning hardware and internet connection

Lack of cooperation or waiting times due to unavailable systems or contact persons count as working time and will be charged. Documentation is only provided upon separate agreement and remuneration.

7. Acceptance / Performance Confirmation
#

After completion of an order, a performance or activity confirmation may be issued. The signature serves exclusively for documentation and has no influence on the payment obligation.

8. Backup & Data Responsibility
#

The customer is solely responsible for functioning data backups, unless a “Managed Backup Service” has been explicitly agreed upon contractually. We are not liable for data loss that could have been avoided by simple recovery from a current backup.

9. Liability & Liability Disclaimer
#

We are liable without limitation in cases of intent and gross negligence. In cases of slight negligence, we are only liable for the breach of essential contractual obligations, limited to typical foreseeable damage.

Special Liability Disclaimers (IT Security & Updates):

  1. Updates: We are not liable for system failures, incompatibilities, data loss, or malfunctions caused by automatic updates from software manufacturers (e.g., Microsoft, Docker, Linux distributors) (“Third-Party Risk”).
  2. Cyber Security: Our services (monitoring/maintenance) increase the security level but guarantee no absolute protection. Liability for damages caused by hacker attacks, ransomware, zero-day exploits, or similar cybercrime is excluded, provided we have professionally implemented the commissioned protective measures.

10. Remote Access & Connection Technologies
#

Remote access takes place via encrypted connections. We use technologies such as:

  • Remote Maintenance: RustDesk, AnyDesk (via Hetzner Relay)
  • Network: NetBird / WireGuard (Overlay Networks)
  • Communication: Proton Mail

The selection of tools lies with the service provider. The approval of remote access counts as a chargeable commission of the corresponding support service.

11. Access Data & Administrator Rights
#

The customer is responsible for the security of their access data. We assume no liability for misuse, loss, or disclosure. If administrator rights are granted to us, this is done at the request and at the risk of the customer.

12. Subcontractors & Data Protection
#

We use qualified subcontractors to provide the service. The customer expressly agrees to the use of the following infrastructure partners (Status: 02.02.2026):

  • Hetzner Online GmbH (Server, Cloud, VPN Infrastructure)
  • AWS (Email Sending, Storage)
  • Cloudflare (DNS, DDoS Protection, Security)
  • Netlify & GitHub (Web Hosting, Code)
  • Proton AG (Email)
  • Google (Analytics, Gemini AI)
  • Plausible (Analytics)

13. Confidentiality
#

Both parties undertake not to disclose confidential information to unauthorized third parties.

14. Right of Withdrawal (Private Customers only)
#

Private customers (consumers) have a statutory right of withdrawal of 14 days. The right of withdrawal expires prematurely if we have fully provided the service at the customer’s express request before the deadline has expired.

15. Contract Term & Termination
#

  1. General Services: Cancellable at any time; remuneration is made up to the time of termination.
  2. Maintenance & Monitoring Contracts: Unless otherwise regulated in the individual contract, the minimum term is 24 months with a notice period of 3 months to the end of the term. The regulations of the individual contract take precedence over these GTC.

16. Force Majeure
#

No liability for events beyond our control (e.g., power failure, internet disruptions, natural events, wars, or pandemics).

17. Jurisdiction & Law
#

German law applies. The place of jurisdiction is Suderburg, to the extent legally permissible.

18. Amendments to the GTC
#

Amendments to the General Terms and Conditions will be announced to the customer in a suitable manner. Unless individual consent is required, the amended conditions are deemed agreed if the customer continues to use the services after the announcement.

19. Software Licenses & Third-Party Providers
#

Software licenses, subscriptions, activations, or paid trial versions from third-party providers (e.g., Microsoft, antivirus manufacturers, cloud services) are not part of our services. Procurement, payment, and lawful use are the sole responsibility of the customer.

20. Hardware Sales (Sales Contract)
#

20.1 General
#

If the service provider sells hardware, this constitutes a sales contract (Kaufvertrag acc. to §§ 433 ff. BGB). We owe the handover in functional condition, but no specific suitability for a special purpose, unless agreed in writing.

20.2 Warranty (Gewährleistung)
#

  • Consumers: 24 months.
  • Entrepreneurs (B2B): 12 months. Excluded are damages due to improper use, wear and tear, or external influences.

20.3 Manufacturer Warranty
#

We only mediate manufacturer warranties. Claims must be asserted directly against the manufacturer.

20.4 Installation
#

The installation or setup of hardware is a separate service and will be charged separately.

20.5 Return & Retention of Title
#

There is no blanket right of return for entrepreneurs. The goods remain our property until full payment has been made.

21. Hosting & Cloud Services
#

Insofar as we provide Managed Hosting:

  1. Availability: We guarantee the availability guaranteed to us by the respective upstream supplier (Hetzner, AWS).
  2. Content: The customer is solely liable for their content.
  3. Domains: We act only as an intermediary. No guarantee for allocation.

22. Final Provisions (Severability Clause)
#

Should individual provisions of this contract be invalid, the validity of the remaining contract remains unaffected.

23. Use of Artificial Intelligence (AI)
#

The service provider is entitled to use AI-supported systems (e.g., from Google, OpenAI, or GitHub Copilot) for workflow optimization, code generation, or error analysis. It is ensured that no confidential business secrets or sensitive personal data of the customer are fed into public AI models for training, unless otherwise agreed.

24. Contact
#

Email: info@xenoelectronics.com

Legal Notice Privacy Policy Service & Support

Disclaimer:
This English version is provided for convenience only.
In case of any inconsistency, the German version shall prevail.