General Terms and Conditions (AGB)#
Last updated: 2026-02-26
1. Scope of Application#
These General Terms and Conditions (hereinafter “GTC”) apply to all services provided by XenoElectronics (hereinafter “we” or “us”), in particular:
- IT support, consulting, and training
- On-site and remote services
- IT monitoring & security checks
- Maintenance and monitoring contracts for IT systems
- Sales of goods via our online shop (shop.xenoelectronics.com)
The GTC apply to both private consumers (B2C) and business clients (B2B). By utilizing our services (whether in writing, verbally, or through actual use), the customer explicitly acknowledges the validity of these GTC.
Deviating agreements require text form. Insofar as separate contractual agreements (e.g., a maintenance & monitoring contract) have been made with the customer, those regulations take precedence over these GTC.
2. Service Description & Demarcation#
We provide IT services according to the respectively agreed scope of services.
Typical Services:#
- IT support, error analysis, and system assistance
- Management of Windows and Linux systems
- IT monitoring & security checks
- Setup, optimization, training, and consulting
Basic Demarcation (Contract for Services / Dienstvertrag):#
Unless explicitly agreed upon in writing as a contract for work (Werkvertrag), we owe no specific guaranteed outcome, but a professional service according to the current state of technology.
Recommendations, tips, or assessments do not constitute a guarantee for a specific result, complete problem resolution, or permanent functionality. The obligation to pay exists independently of whether a malfunction or problem could be fully resolved. The decisive factor is the actual use of the service (time expended) as well as the professional execution.
Not Included (unless separately agreed):#
- 24/7 availability or guaranteed response times
- Emergency or immediate deployments
- Manufacturer or vendor support
- Data recovery without a prior functioning backup
- Hardware repairs or spare parts procurement
3. IT Monitoring & Security Checks#
Monitoring services exclusively serve the purpose of:
- Observation
- Control
- Early detection of problems
No automatic troubleshooting takes place unless this was separately commissioned. The monitoring does not replace virus protection and no complete security surveillance. It offers no absolute protection against security incidents (e.g., malware, ransomware, phishing, zero-day attacks).
Recommended measures are only implemented after explicit commissioning (“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 commissioning.
Commissioning also specifically includes:
- the telephone request for support or service,
- the request for assistance via e-mail, direct social media messages, or messenger services (especially WhatsApp Business and Telegram),
- the approval of a remote access connection,
- or the implied commissioning through the actual utilization of the service.
A separate written confirmation is not required for this.
5. Prices, Payment Terms & Surcharges#
5.1 Basic conditions & working hours
Remuneration is based on time spent. All prices quoted are final prices. In accordance with § 19 UStG (small business status), no sales tax is charged or shown.
- IT services & support: $89.00/hour
- IT consulting & training: $120.00/hour
- Billing interval: Per 15 minutes or part thereof.
- Minimum purchase: A minimum of 30 minutes will be charged per order (on-site or remote).
- Remote maintenance flat rate: For remote assignments (e.g., via RustDesk), a one-time provisioning fee of €29.00 per session will be charged in addition to the time spent.
5.2 Travel Expenses & Travel Time#
Since we provide our services mobile, travel costs apply. These are composed as follows: Vehicle flat rate: 0.39 € per kilometer driven (outward and return journey from our business seat in Suderburg). Travel time: The time for the outward and return journey counts as working time and is billed at the regular hourly rate.
5.3 Hardship Allowance & Special Effort#
We reserve the right to charge a surcharge of up to 50% on the hourly rate or a separate cleaning flat rate for deployments under difficult conditions. This applies in particular to:
- Hygiene & Environment: Work on heavily soiled devices (e.g., smokers’ households, construction dust) or in a health-hazardous environment.
- Legacy Systems: Work on hardware or software older than 10 years or no longer supported by the manufacturer (“End-of-Life”).
- Missing Documentation: Additional effort due to missing access data or documentation on the part of the customer. The customer will be informed of this surcharge before work begins.
5.4 IT Monitoring Flat Rates (Monthly)#
- Workstations: 29.00 € / PC
- Mobile devices: 14.00 € / device
- Servers (Bare-Metal): 99.00 € / month
- Servers (VM): 49.00 € / month
- Containers/Stacks: 29.00 € / stack
- Network devices (NAS, Firewall): 39.00 € / month
5.5 Due Date & Default in Payment#
Invoices are due immediately upon receipt without deduction. For continuing obligations (maintenance), billing occurs monthly in advance. If the customer defaults on payments for ongoing services (hosting/monitoring) for more than 2 months, we are entitled to temporarily suspend the service (blocking of access). This suspension will be announced to the customer in text form at least 7 working days in advance. The obligation to pay continues during the suspension. If the customer (business client / B2B) is in default of payment, we are entitled to claim default interest at the statutory rate as well as the statutory default flat rate of 40.00 € (Section 288 (5) of the German Civil Code / BGB).
5.6 Emergency Service & Off-Hours#
Deployments outside regular business hours take place only by arrangement and availability. For this, we charge a surcharge of 100% on the hourly rate.
6. Customer’s Obligations to Cooperate#
The customer ensures:
- required access rights, passwords, and information
- functioning hardware and internet connection
Missing cooperation or waiting times due to unavailable systems or contact persons count as working time and will be billed.
6.1 Sensitive Data & Professional Confidentiality#
The following applies to all customers: Please never send us unencrypted access data (passwords, server keys) via unsecured messenger services (such as WhatsApp or Telegram). Please only use our encrypted channels (e.g., PGP email or our secure password exchange) for this purpose.
If the customer is a professional who is bound by professional secrecy (e.g., doctors, lawyers, tax advisors), they are also solely responsible for not sending us any sensitive client or patient data in plain text when requesting support.
7. Acceptance / Service Confirmation#
After completion of an order, a performance or activity confirmation may take place. The signature serves exclusively for documentation purposes and has no influence on the obligation to pay.
8. Backup & Data Responsibility#
The customer is solely responsible for functioning data backups, unless an explicit “Managed Backup Service” has been contractually agreed upon. We are not liable for data loss that could have been avoided by a simple restore from a current backup.
9. Liability & Disclaimer#
We shall be liable without limitation in cases of intent and gross negligence, as well as in cases of injury to life, limb, or health, or under the Product Liability Act.
In cases of slight negligence, we shall only be liable for breaches of essential contractual obligations (cardinal obligations) whose fulfillment is essential for the proper execution of the contract. In this case, liability shall be limited to the foreseeable damage typical for this type of contract.
Special exclusions of liability (IT security & updates):
- Updates: We are not liable for system failures, incompatibilities, data loss, or malfunctions caused by automatic updates from software manufacturers (“third-party risk”).
- Cyber security: Liability for damage caused by hacker attacks, ransomware, zero-day exploits, or similar cybercrime is excluded, provided that we have professionally implemented the commissioned protective measures in accordance with the current state of the art.
10. Remote maintenance, SSH & administrative access#
(1) Definition of remote maintenance & access: Remote maintenance includes not only the graphical remote control of desktops, but also any administrative access to the customer’s IT systems or network infrastructure. This includes, in particular, SSH, web consoles, PowerShell Remote, and network interventions.
(2) Billing: Any active technical intervention in the systems is considered a chargeable service. Billing is based on time spent plus the remote maintenance flat rate in accordance with the valid price list.
(3) Technologies: We only use encrypted connection technologies (e.g., RustDesk via our own servers). The selection of suitable tools is the responsibility of the service provider.
11. Access Data, Administrator Rights & Exclusivity#
11.1 Responsibility#
The customer is responsible for the security of their own access data. We assume no liability for misuse, loss, or unauthorized sharing.
11.2 Administrative Sovereignty & Exclusivity#
During the term of maintenance and monitoring contracts, the administrative sovereignty for the managed systems lies exclusively with us. The customer commits not to grant administrative access to competing IT service providers.
11.3 Disclaimer for Third-Party Access#
If the customer nevertheless grants administrative intervention rights (‘Root Access’) to third parties or themselves, we assume no liability or warranty for system malfunctions, errors, or security vulnerabilities that can be proven to result from this third-party access. The rectification of such malfunctions will be billed separately on a time and material basis.
11.4 Handover of Admin Data#
The handover of administrative access data created by us for the provision of services generally only takes place after termination of the contractual relationship and complete settlement of all outstanding claims.
12. Subcontractors & Data Processing#
We use qualified subcontractors to provide our services. The customer expressly agrees to the use of the following infrastructure partners:
- Hetzner Online GmbH (Servers, Cloud, VPN Infrastructure)
- AWS (E-Mail Delivery, Cloud Storage)
- Cloudflare (DNS, DDoS Protection, Security)
- Netlify & GitHub (Web Hosting, Code Management)
- Proton AG (Secure E-Mail Communication)
- Google Ireland Ltd. (Web Analytics, Gemini AI for error analysis)
- Plausible Analytics (Privacy-friendly Web Analytics)
- Stripe (Payment processing for Online Shop)
The exact details on the processing of personal data by these service providers are regulated in our Privacy Policy.
13. Confidentiality#
Both parties commit to not disclosing confidential information to unauthorized third parties.
14. Right of Withdrawal (Consumers Only)#
Private consumers have a statutory right of withdrawal of 14 days. The right of withdrawal expires prematurely if we have fully performed the service at the explicit request of the customer before the expiry of the withdrawal period.
15. Contract Duration & Termination#
- General Services: Cancellable at any time; remuneration is due up to the point of termination.
- Maintenance & Monitoring Contracts (Business Clients / B2B): 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.
- Maintenance & Monitoring Contracts (Private Consumers / B2C): Statutory regulations apply. After the expiry of an agreed minimum term, the contract is extended for an indefinite period and can be canceled at any time with a notice period of one month.
16. Force Majeure#
No liability for events beyond our control (e.g., power outages, internet disruptions, natural disasters).
17. Jurisdiction & Applicable Law#
German law applies. Place of jurisdiction for merchants, legal entities under public law, or special funds under public law is the competent court for our business seat (District Court Uelzen / Regional Court Lüneburg), as far as legally permissible.
18. Changes to the GTC#
Changes to the General Terms and Conditions will be announced to the customers in a suitable manner. Unless individual consent is required, the changed conditions are deemed to be agreed if the customer continues to use the services after the announcement.
19. Software Licenses & Third Parties#
Software licenses, subscriptions, or paid trial versions from third-party providers (e.g., Microsoft, cloud services) are not part of our services. Procurement, payment, and lawful use are the sole responsibility of the customer.
20. Hardware Sales & System Delivery (Purchase Contract)#
20.1 General#
If the service provider sells hardware, this constitutes a purchase contract (Sections 433 ff. of the German Civil Code / BGB). We owe the handover in functional condition.
20.2 Warranty & Guarantee#
- Consumers (B2C): 24 months warranty.
- Business Clients (B2B): 12 months warranty. We only mediate manufacturer guarantees. Claims arising from these must be asserted directly against the manufacturer.
20.3 Returns & Retention of Title#
There is no general right of return for business clients. The goods remain our property until full payment has been made. The installation of the hardware is billed separately as a service.
21. Special Conditions for the Online Shop (shop.xenoelectronics.com)#
For orders of hardware, software, and digital goods via our WooCommerce shop at shop.xenoelectronics.com, the following conditions apply additionally:
21.1 Conclusion of Contract in the Shop#
- The presentation of goods in the shop does not constitute a legally binding offer but a non-binding online catalog.
- By clicking the button “Order with obligation to pay” (or “Buy”), you place a binding order for the goods contained in the shopping cart.
- A purchase contract is only concluded when we accept your order by sending a separate order confirmation via e-mail or by delivering the goods to you.
21.2 Prices, Shipping & Delivery#
- The prices displayed in the shop at the time of the order apply.
- Shipping costs are clearly displayed during the ordering process.
- Delivery Area: Delivery takes place exclusively to countries of the European Union (EU).
21.3 Payment via Stripe#
We use the payment service provider Stripe (Credit Card, Apple Pay, Google Pay, SEPA, etc.). By selecting the payment method, you authorize Stripe to collect the due amount.
22. Hosting & Cloud Services#
If we provide Managed Hosting:
- Availability: We guarantee the availability guaranteed to us by the respective upstream provider (e.g., Hetzner).
- Contents: The customer is solely liable for their uploaded content.
- Domains: We only act as an intermediary for registration. No guarantee for the allocation.
23. Final Provisions (Severability Clause)#
If individual provisions of this contract are invalid, the validity of the remaining provisions of the contract shall remain unaffected.
24. Use of Artificial Intelligence (AI)#
The service provider is entitled to use AI-supported systems (e.g., Google Gemini, GitHub Copilot) to optimize workflows or for 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.
25. Contact#
E-Mail: info@xenoelectronics.com
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Disclaimer regarding the English translation: This English translation of our Terms and Conditions / Privacy Policy / Service Agreements is provided solely for your convenience and informational purposes. In the event of any discrepancies, conflicts, or contradictions between this translated version and the original German document, the original German version shall be exclusively legally binding and shall prevail in all cases.