Terms and Conditions (T&C)#
Version: 16.11.2025
1. Scope#
These Terms and Conditions apply to all IT services, support tasks, remote support sessions, and maintenance contracts provided by XenoElectronics (“we”).
They apply to private and business customers.
Any deviations require written confirmation.
2. Services#
We offer, among others:
- IT support & consulting
- On-site service
- Remote support
- Monthly maintenance subscriptions for PCs & servers
- Setup, troubleshooting, and system optimization
Exclusions (unless explicitly agreed):
- Manufacturer/vendor support
- Warranty for third-party software
- Data recovery without backup
- 24/7 availability
- Emergency services outside support hours (only with surcharge)
3. Contract Formation#
A contract is formed only after our confirmation (written or electronic).
Informal conversations or verbal agreements have no effect without confirmation.
4. Prices & Payment#
- Standard hourly rate: €59/hour
- Remote support without subscription: €29/session
- Maintenance subscriptions:
- Basic: €19/PC/month
- Plus: €49/PC/month
- Server: €59/month
Payment terms:
Invoices are due within 14 days from the invoice date, without deductions.
Default (Late payment):
The customer automatically enters default after the payment deadline expires — no reminder required (per § 286 (2) No. 1 BGB).
Once in default, statutory interest applies:
- Private customers: 5 percentage points above the base interest rate
- Business customers: 9 percentage points above the base interest rate
Reminder fees:
A fee of €5 may be charged for each written reminder issued after default occurs.
Right of retention / offsets:
Customers may only withhold payments or offset claims if their counterclaims are legally established or acknowledged in writing.
VAT notice:
Small business regulation (§ 19 UStG): no VAT is charged.
Price changes for long-term contracts may occur with 30 days’ notice.
5. Customer Duties#
The customer must ensure:
- Access to systems, passwords, and infrastructure
- Availability of required contacts
- Complete and correct information
- Physical and digital availability
- Functional hardware and internet connection
Delays caused by lack of cooperation may extend deadlines and be billed accordingly.
5a. Acceptance / Confirmation of Services#
After completion of a task, the customer receives a service acceptance or confirmation form (on-site or remote).
The customer is asked to review and sign this document to confirm the services performed.
Signing serves documentation purposes only and does not affect the customer’s payment obligation.
If the customer does not sign the form, the service is still considered fully delivered and billable.
6. Backups & Data Responsibility#
The customer is responsible for maintaining backups unless explicitly agreed otherwise.
Without a backup, we cannot be held liable for any loss of data.
7. Liability#
We are liable only for:
- Intent
- Gross negligence
For slight negligence, liability applies only for breaches of essential contractual obligations — limited to the foreseeable, typical damage.
Liability cap:
Maximum equal to the compensation paid in the previous contract year.
No liability for:
- Third-party software
- Hardware defects
- Misuse or mishandling
- Damages arising from insufficient backups
- Force majeure events
Liability for personal injury remains unaffected.
8. Remote Access#
We use secure remote support tools (e.g., RustDesk, AnyDesk).
The customer must actively authorize the connection.
Remote sessions may be logged for security reasons.
9. Credentials & Administrator Rights#
The customer is responsible for their own credentials.
We assume no liability for loss, misuse, or disclosure.
If administrator rights are requested, the associated risks are fully borne by the customer.
10. Subcontractors#
We may use qualified subcontractors.
All subcontractors comply with GDPR and confidentiality requirements.
11. Confidentiality / NDA#
Both parties agree not to disclose confidential information to third parties.
12. Right of Withdrawal (Private Customers Only)#
Private customers have a 14-day right of withdrawal.
If services begin upon customer request before this period ends, the right of withdrawal expires once the service is fully delivered.
13. Contract Terms#
Maintenance subscriptions run indefinitely and may be cancelled with 14 days’ notice before the end of the month.
14. Force Majeure#
No liability for events beyond our control (power outage, internet failure, natural events, force majeure).
15. Jurisdiction & Applicable Law#
German law applies.
Jurisdiction is Suderburg, where legally permissible.
16. Changes to These Terms#
Changes will be announced 30 days in advance.
Continued use is considered acceptance.
17. Contact#
Imprint: https://xenoelectronics.com/de/legal-notice/
Privacy Policy: https://xenoelectronics.com/de/privacy/