We can be reached by email 24 hours a day. By phone we are available Monday through Sunday from 11:00 AM to 4:00 PM.

Our contact information may only be used by interested parties, customers and business partners. Commercial use or use for advertising purposes is not permitted. In case of violation, you can find the consequences for you in our legal notice on our website, accessible at
https://schober.bz/impressum.

1. General
The following General Terms and Conditions (abbreviated: "GTC") are part of all contracts with us. Third party contract terms only apply if they correspond to these GTC. Regulations that modify or cancel these terms are only valid if we have confirmed them in writing. We do not accept the customer's GTC that deviate from these terms in whole or in part. These terms apply exclusively even if we have not expressly objected to the customer's GTC. Should any provision of this contract become invalid, the contract remains valid including all other provisions. The contested clause shall be replaced by one that comes as close as possible to the economic purpose of the original. These General Terms and Conditions can be changed at any time. In this case, old versions lose their validity. You must regularly (on your own responsibility) ensure to check whether these GTC have changed.

These GTC can currently be viewed on the internet at the following link:
https://schober.bz/agb

2. Indemnification / Customer Services
2.1
The customer will always maintain current backup copies of the data stored on the web server. These backup copies may not be stored on the web server. The customer undertakes to indemnify us against any claims by third parties based on unlawful acts of the customer or content errors in the information provided by the customer. This applies in particular to copyright, data protection and competition law violations. The customer allows us to pre-install maintenance programs on the server. The customer indemnifies us from liability for any security vulnerabilities that may occur. Furthermore, the customer undertakes to make a backup copy locally on their computer before any work they do on their internet presence which is stored on our web servers or other servers.

2.2
The customer undertakes not to use the services or products to distribute offensive, objectionable or threatening, harassing or fraudulent messages, not to harass others or cause unnecessary concern, not to commit fraud or other criminal acts and not to act contrary to our instructions regarding the use of the services or products, and not to permit others to use them in such a way. Therefore, the operation of IRC servers and services such as bouncers and bots (except for services intended for this purpose) is not permitted with us. Ports 6660 to 6670, 7000, 7001 and 9600 are blocked in the network. We reserve the right to block additional ports.

2.3 Legal Age / Legal Capacity
The customer guarantees that they have reached at least the age of eighteen at the time of ordering or commissioning and are fully legally competent.

2.4 Cooperation Obligations
The customer guarantees that they will actively cooperate on orders (e.g. for web design orders). They guarantee to be able to fully answer questions from us within 24 hours. If the customer's cooperation fails to materialize after the deadline (24 hours), we are authorized to continue or complete orders at our own discretion.

2.5 Extended Liability
When ordering on behalf of a company (including legal entities), the customer assures to be fully authorized to place orders on behalf of the company. Otherwise, the orderer is personally liable for damages (e.g. in case of payment defaults). The orderer assures to be fully legally competent and agrees to assume all claims from the contract in case of doubt.

3. Termination/Suspension of Service Provision
3.1 Termination by the Customer
The customer can terminate a service contract by written notice to us. If the provision of services has already begun or the product has already been delivered in whole or in part, this notice of termination must be transmitted at least two months before the termination date. The customer must pay all invoices for services provided or delivered before the termination becomes effective. In addition, the customer must pay the fee specified in these General Terms and Conditions and in the service contract that is due upon termination. The customer's right to immediate termination for good cause remains unaffected.

3.2 Termination by Us
We are entitled to terminate the (service) contract without notice or discontinue the delivery of offers:
A) In case of payment default or any other material breach of obligations arising from the
customer order, the service contract or these General Terms and Conditions.
B) For any violation of legal prohibitions, in particular the violation of copyright, competition law, name rights or data protection provisions, publication of National Socialist, racist, radical or otherwise illegal content.
C) We are entitled to immediate termination in case of payment default especially if the default amounts to more than one month's rent in succession or in total. This also applies to persistent payment default and/or non-compliance with payment deadlines.
D) A conditional immediate termination can be pronounced if the customer refuses to pay justified reminder fees according to §280, 286 BGB, if we have proven the default without doubt.
E) For any violation of a rule or regulation or directive of a government authority responsible for regulating the services or products;
F) For "spamming" in violation of the applicable terms of use; in the case of a court or administrative order of a competent court or authority that prohibits us from offering such services or products;
G) In case of suspected fraudulent or other unlawful use of the service or products, fraud or deception in providing information required under the service contract or any other information.

3.3 Fees upon Termination
If the customer terminates a service contract without justification or before the expiry of the agreed term, or if we terminate a service contract due to a breach of contract by the customer, the customer must pay the outstanding fees until the expiry of the agreed contract term as lump-sum compensation in full. Unless the customer proves a lower amount. The customer is expressly permitted to prove such a lower claim for damages.

3.4 Termination of a Domain with Provider Change to Another Provider
In case of termination of a domain with the desire to move the domain to another provider, a flat processing fee of 39,- Euro net per outgoing domain becomes due.

3.5 Suspension of Services
We are entitled to suspend the provision of services,
A) if we would be entitled to terminate the service contract without notice for good cause; the right of termination is not affected by the suspension of services;
B) if we carry out work on facilities, make changes to systems that cannot be carried out without interruption of service;
C) if we are obliged to comply with an order, requirement or similar provision of an authority or court that makes the provision of services inadmissible or impossible;
D) if significant impairment of the network occurs from or to the customer's system (in particular DOS attacks, heavy utilization, security aspects);
E) if the customer's fee volume increases very significantly and facts justify the assumption that costs are being produced for the customer by third parties without their knowledge or the customer does not pay fees for services provided in the meantime not at all, not completely or not on time if suspension is carried out later and the suspension is not disproportionate. However, the customer's obligation to pay remains;
F) if our servers or IP addresses or domains are to be entered or have already been entered in blocking lists (so-called blacklists) because of the customer. This can happen for example with SPAM sending by email, caused by an insecure password of the email account or by virus infection of the PC. The customer is fully liable for the damage caused. The customer is obliged at their own expense to take all measures that lead to deletion from the blocking list or blocking lists;
G) we determine that services are being used improperly or by third parties or illegally.

4. Invoicing and Payment
4.1 Payment and Invoicing
We invoice the customer for incurred fees, taking into account credits due to the customer (usually) monthly (unless otherwise agreed in writing with the customer). With the exception of fees that are dependent on the use of a service or products (and/or which are invoiced subsequently), we invoice the remuneration for all services and products to be provided for the following month or billing period in advance. Within a billing period, adjustments due to an increasing or decreasing number of services or products are calculated proportionally according to the number of days in the billing period. In case of reduction of a service, fees already paid will not be refunded or returned.

4.2 Payment of Invoices
The amounts shown in the invoice are due for payment immediately upon receipt without deduction, unless otherwise stated on the invoice. Invoicing is done exclusively electronically by email for download. If the customer needs an invoice by mail, a processing fee of 3.50
Euro net per invoice will be charged. The customer must ensure that their email address stored with us is accessible at all times and does not reject any message(s) from our mail servers. For regular billing (e.g. for recurring invoices for service services) with a turnover of at least 80,- Euro gross, separate invoices can be created contrary to the regular billing interval.

4.3 Reminders
Reminder fees are to be considered as compensation for damages. Reminder fees consist of: costs for effort, printing costs, postage costs and telecommunications costs, etc.. Through invoices not paid on time, we incur damage that must be compensated by the customer. Reminder fees do not include interest. The costs for a reminder are 5.00 Euro per reminder. Our invoices contain a due date. The invoice amount must be posted to our account without deduction by this date. If the invoice amount is not received within this period, the customer is in default. Immediately due payments are payable within 5 calendar days.

4.4 Direct Debits
In the event that the account specified by the customer does not have sufficient funds, or the customer wrongfully objects in any way, or blocks the booking or the customer does not fulfill their payment obligation on time for other reasons, they owe interest in the sense of the BGB in case of default. For each returned direct debit we receive, a processing fee of 15,- Euro net will be charged, and from this point on all services that would have been due for collection will be suspended until complete settlement. For the suspension of service we are entitled to charge a blocking fee of 10,- Euro net per service. The customer has the obligation to contact the provider first in case of incorrectly booked direct debits before initiating a chargeback. In case of a chargeback that was objected to and should turn out to be unjustified, the customer bears the fees and costs for processing the chargeback as well as the processing costs that arise for us due to the higher effort. Changes to the bank details must be communicated to the provider immediately and in due time.

4.5 Payment Methods
In principle: All payments should preferably be made by SEPA bank transfer. You will find the corresponding bank details on the respective invoice. Please note that the invoice amount must be posted to our account on the day of the payment deadline. If this day falls on a weekend, the previous working day is to be set as the payment deadline day.

Payments by check are generally not possible. If the customer still wants to pay by check, a processing fee of 10,- Euro net per check will be charged. Bounced check payments will additionally be charged with a 25,- Euro net fee per bounced check plus regular reminder fees and interest.

The customer must bear the fees for a payment themselves. This applies for example and in particular to payments from abroad.

Payments must be made in Euro. Other currencies are not accepted. If the customer nevertheless pays in another currency, they must bear the costs and fees for the conversion and value date in Euro themselves.

The customer must ensure that the amount paid is sufficient to cover all fees and costs for the money transfer.

4.6 Blocking of Customer Account
If the customer is in payment default, we are entitled to block the customer account and/or the relevant services for a fee. The fee for blocking the customer account is 10,- EUR net per service or customer account to be blocked. These fees also apply to services blocked at the customer's request. Unpaid services can be blocked by us at any time without prior notice. Unblocking is done for a fee of 5,- EUR net per service.

4.7 Objection or Appeal to Invoices and/or Reminders
If the customer justifiably objects to an invoice, we will check whether this objection is justified. However, an objection does not release from the obligation to pay. Should it turn out that the objection is legitimate, any overpaid amounts will of course be refunded and/or offset against upcoming invoices or booked as credit for future services.

4.8 Booking of Payment Receipts
Each payment receipt is always booked - regardless of the purpose - to the oldest invoice/claim. The following scheme applies:

1. Oldest main claim (invoice amount)
2. Reminder fees of the oldest claim (invoice)
3. (Default) interest for the oldest claim
...

5. Limitation of Liability
We primarily operate server systems whose content and data inventory are visible to us. It is therefore assumed that the following limitation of liability per customer covers the possible damage, unless the customer points out in writing a higher damage potential in individual cases. We are liable for damages caused by us or by a vicarious agent commissioned by us through gross negligence or intent. The above limitations of liability also affect customer claims from product liability and do not apply in particular to attributable physical injury and health damage or loss of life of the customer. Otherwise, liability is
excluded, especially in case of non-transmission or incorrect transmission of messages: We are not obliged to transmit data/files, but merely offer the use of our services and products, as far as they are available. We use so-called blacklists (blocking lists) and virus scanners on our servers to ward off obvious emails labeled as SPAM. Since we as a provider have no obligation to deliver incoming or outgoing emails, the customer is informed that we use such measures.

A minimum availability declaration is not made, rather it results from the generally usual availabilities to which various factors count and in the case of a single judge to decide whether a minimum availability should have been present and was not maintained.

For services provided and/or consultations provided free of charge, we assume no liability whatsoever. Liability in such cases is completely excluded.

Declaration on availability:
Of course, it is our highest goal to operate all servers and server services safely, permanently, trouble-free and without any downtime. Therefore, our servers are monitored by external monitoring services to be notified faster in case of a failure, consequently also to be able to react faster to ensure troubleshooting. Since we do not operate our own data center, we depend on the availabilities of our suppliers. Of course, we only rely on suppliers who enable the technical requirements for permanent trouble-free continuous operation. We also rely on providers in different cities, regions and countries to avoid the failure of the entire operation in case of failure of a single supplier.

6. Applicable Law, Jurisdiction
The contract is subject exclusively to German law. If the customer is a merchant, the courts locally competent for our registered office have exclusive jurisdiction. We can also file lawsuits against the customer at their place of residence or business or in Viersen. In exceptional cases, we can also choose any other location for legal proceedings.

7. Miscellaneous
7.1
Changes or additions to this contract are only valid if they have been agreed in writing (except for chat logs and in individual cases SMS). This also applies to a change of this written form clause. All declarations from us can be brought to the customer electronically. This also applies to billing within the contractual relationship. The customer can only offset claims against us if they have been acknowledged or legally established.

7.2
The customer may not transfer or assign the right to use our services or our products to third parties without our express prior written consent.

7.3 Connectivity Coordination Applications / Provider Change
We require a so-called KK declaration from the customer in writing for all domain endings, which can however be sent by email or fax as an aid. The documents must also include a copy of a federal identity card of the Federal Republic of Germany if the customer is resident in Germany. This does not apply to customers whose identity has already been verified in person. If the customer does not belong to the FRG, they must present an equivalent document.

7.4 Support Packages
We offer so-called "support packages" for all services offered. A support package contains a number of minutes or hours at a fixed price that can be used for consulting purposes. A minute or hour contingent is only usable for the respective month. Transfers to the following month are not possible. Unused minute or hour contingents expire at the end of the month. If a customer acquires a support package, this must always be paid for the entire, current month. This also applies if the month is already advanced or even almost over. Minute packages are billed in 5-minute increments, i.e. deducted from the contingent. Hour packages are billed in 15-minute increments, i.e. deducted from the contingent. We do not assume any guarantee for the solution/completion of the case/problem/order, especially not within specified time contingents.

7.5 Service via Premium Rate Phone Numbers
If the customer does not have a support package and wants to use service and/or consulting services, they can call a premium rate number. The billing of the service then takes place through their own telephone provider. Otherwise, another remuneration will be agreed with the customer.

7.6 Availability
For the use of minute or hour contingents, the customer can contact us during business hours. However, we do not guarantee continuous availability. We strive to be available at all times during business hours. However, there is no guarantee for this and the customer has no claim to it.

7.7 Credit and Credit Account
Credit once paid to us cannot be paid out again. However, the customer can use paid services if sufficient credit is available to pay for the entire service for the total term or the total amount. Unredeemed credit expires after a maximum of two years. This also applies to vouchers.

8. Information and Revocation according to Distance Selling Act
8.1
Complaints must be directed to us exclusively in writing. A contract comes into effect with the order confirmation or the sending of the access data or the start of service provision by us and is concluded for the minimum term specified in the contract, if any. For services (e.g. remote maintenance or consultations), the contract comes into effect with commissioning, but at the latest with the use (start) of the service.

Revocation is only possible for end consumers.

On 13.06.2014, new regulations on the right of revocation come into force throughout Europe. The formulations we use below have been created to the best of our knowledge and belief. First and foremost, it is our highest goal to deal fairly with each other even in the case of revocation. It is generally known that such changes very often result in many court proceedings, lawsuits and fundamental decisions until a clear legal situation and legally secure formulations for certain individual cases can be foreseen.

Each ordered service is handled separately from each other. Thus, for example, when ordering a domain / web hosting, the customer does not conclude one contract, but two: 1.) Domain 2.) Web hosting
This means that in case of revocation, for the above example, the customer must submit two declarations of revocation, as these are two separate services / orders, even if they are to be used together in the future.
We are aware that this may involve additional effort, but we see no room for maneuver with the new regulations that simplifies this process for both sides.

According to the EU directive, the following contract types should be distinguished in the future:
- Distance selling contracts (e.g. by telephone or the internet)
- Contracts concluded outside business premises (e.g. at your location)

Furthermore, the following product groups should be distinguished:
- Goods
- Digital content (not on a physical data carrier)
- Services

An example:
Since all orders are handled separately from each other, conflicts can arise here, for example if the customer orders a USB stick on which we should install data recovery software or an antivirus program and then send it to the customer by mail. In this example, the customer first buys a good that is however connected with a service. According to the EU directive, you can indeed return the USB stick to us within 14 days. However, since this already contains data and may even have been used on a virus-infected system, it is 1.) no longer saleable and 2.) a service has already been provided. An already provided service cannot be revoked. Even if you return the USB stick to us within the 14-day period, it is no longer suitable for trade. If the customer decides to purchase the USB stick on which we should then install something, revocation is excluded.

Furthermore, traders in the EU are obliged from 13.06.2014 to inform the customer already in the ordering process of the exact costs for the return shipment of goods. This is almost impossible, especially for partial deliveries, triangular transactions or freight forwarding deliveries.

Our main business is consulting and service. The sale of physical goods only takes place in individual cases.
We are not interested in pursuing expensive and unnecessary court proceedings/lawsuits for both sides. We want to reach an amicable agreement with the customer even in case of revocation.
The new regulations provide that end consumers should have the possibility to revoke a contract also on the internet via an online form. You can reach this form via the following link: http://www.schober.bz/widerruf/
In principle, revocation can also be made by telephone, mail, fax or email. Please use the contact methods that you can find on the first page of these General Terms and Conditions.

The revocation formulations only apply to end consumers. If the customer is a business customer and/or legal entity, the right of revocation does not apply.

Here too an example:
If we are to carry out remote maintenance for a customer because their PC is infected with viruses or malware, for example, but the customer also uses their PC (at least partly) for business purposes, the right of revocation also does not apply here. The reason for this is insurance legal liability reasons.

8.2.A Revocation of Goods Orders
End consumers can revoke the contract within two weeks of receipt of the declaration of acceptance by corresponding notification to us. The right of revocation expires if we have begun with the execution of the service after the contractually agreed start time or if the end consumer actively uses the service. Timely dispatch of the revocation is sufficient to meet the deadline. You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise your right of revocation, you must inform us (see provider identification on page 1) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to revoke this contract. To meet the revocation deadline, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

8.2.B Consequences of Revocation for Goods Orders
If you revoke this contract, we must reimburse you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is earlier.
You must send back or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us about the revocation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their nature, properties and functionality.

8.3.A Revocation of Digital Content
End consumers have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day of conclusion of the contract.
To exercise your right of revocation, you must inform us (see provider identification on page 1) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to revoke this contract. To meet the revocation deadline, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
In the case of software licenses, these are usually personalized, person-bound licenses that are specially created for the customer, whose exchange is excluded. If you revoke this contract, we must reimburse you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.

8.4.A Revocation of Services
End consumers have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day of conclusion of the contract.
To exercise your right of revocation, you must inform us (see provider identification on page 1) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to revoke this contract. To meet the revocation deadline, it is sufficient that you send the notification of the exercise of the right of revocation
before the expiry of the revocation period.

8.4.B Consequences of Revocation for Services
If you revoke this contract, we must reimburse you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.
If you have requested that the services begin during the revocation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the time when you inform us of the exercise of the right of revocation with regard to this contract compared to the total scope of the services provided for in the contract. If a service has already been provided in full, the agreed total amount must also be paid.

8.5 Special Conditions
Your right of revocation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of revocation.

For goods, additionally applies: §8.2.A and §8.2.B

9. Regulations for Resellers
9.1
The customer is not entitled without our written permission to grant third parties any kind of right of use to the service managed by us for them. Further developments or changes to the developments and products sold or provided for use to the customer are also only permitted after written permission has been granted. Even in the case of passing on our products or services to third parties, our General Terms and Conditions continue to apply in relation to the respective product.

9.2
If cooperation actions of the third party are required for changes of any kind, the customer ensures contractually that these cooperation obligations are met within 24 hours. The customer will provide us with the address and contact details including contact person of the third party upon request. We are entitled, in the case of changes, to approach the third party directly to request written consent to the changes. Should this not be possible for any reason, we are entitled to continue/complete the order at our own discretion.

9.3
If the third party violates contractual obligations, does not fulfill cooperation obligations or if other problems arise from granting rights of use to third parties, the customer is liable to us for all resulting damages. Furthermore, the customer indemnifies us from all claims that both the third party and others will make against us.

9.4
We are entitled at any time in case of payment default which exceeds a monthly turnover of the reseller, to write to the customers directly after termination of the reseller and to conclude contracts with them.

9.5
VoIP services, stream servers, cloud space and web hosting may not be provided to third parties or only with our express written consent.

10 Administration Services (Special Regulations)
10.1 Conclusion of Contract
We perform administration work, so-called remote maintenance, for the benefit of the customer and third parties. For regular, i.e. permanent or recurring work, a framework contract that regulates the scope of activity as well as the payment modalities can be concluded. The contract will be handed over to the customer together with the General Terms and Conditions before the start of the activity. As soon as we receive this signed by fax or by email as an image scan or by mail as a document, the remote maintenance administration service begins.

This regulation does not apply to remote maintenance ordered by telephone or remote maintenance which should be executed immediately or at short notice.

Immediate remote maintenance is possible. In this case, the customer guarantees us to be fully authorized to have unrestricted access to the system to be maintained by us or to be authorized to commission us with the work.

The customer assures to have made a data backup of the entire system and saved it on an external data carrier before the start of remote maintenance, in order to be able to perform restorations in case of data loss during remote maintenance.

10.2 Confidentiality Clause
During the contractual relationship with the customer who has commissioned the administration service, we will not pass on any data to third parties or make it accessible to them. Employees of ours are excluded from this, as far as they have been commissioned with the execution of the work. Furthermore, we will not introduce any mechanisms into the system to gain access to the system even after completion of the work. This does not apply to permanent remote maintenance. We keep all data that has come to our knowledge confidential for five years.

10.3 Work Execution
We administer the system to the best of our knowledge and belief. We are only liable for errors that occur to the system during the administration work if these were made grossly negligently and intentionally. We are entitled to assign/pass on the administration work to third parties and to commission them with the execution of this work.

10.4 Contract Withdrawal for Good Cause
We are entitled to withdraw from a planned or ongoing administration order for good cause if the customer gains access to the system during the work and makes settings there, regardless of what kind and manner or if work is no longer possible for other reasons.

10.5 Passwords
If necessary, to be able to administer a system, we must gain access to the system using the root password or using an authentication file (SSH key). The customer undertakes to remove these passwords and keys from the system again and to check whether these are no longer present or have been changed.

10.6 Backups
We are entitled to secure system log files, screenshots and/or videos of our own systems for verification purposes in order to be able to counter later accusations of incorrectly performed work. Furthermore, we are entitled to use so-called keyloggers. In doing so, your inputs will not be saved under any circumstances. Only the keyboard inputs of the technician are logged on the technician's PC. This monitoring software will not be installed on your computer under any circumstances. It is located exclusively on the technician's PC to be able to evaluate possible errors during or after remote maintenance, as well as for evidence purposes. All
telephone conversations during service provision can be recorded. If you do not agree with this, we cannot perform remote maintenance for you.

10.7 Release from Obligations after System Entry
After we have completed the work, there is only an obligation for improvement as long as the customer does not log in to the system (especially administratively). As soon as the customer makes modifications at system level in an administrative manner, we are released from any obligations for improvement, since entering the system (e.g. via SSH or similar access or with administrator rights) in an administrative manner is equivalent to changing the basic substance.

10.8 Remuneration for Administrator Services
Unless a price for the use of administrator and/or consulting services has been agreed in advance, the following prices apply:

Within core business hours: 17.50 Euro net / started quarter hour
Outside core business hours: 22.50 Euro net / started quarter hour
On Sundays and holidays: 26.25 Euro net / started quarter hour
Urgency orders: 39.95 EUR net / order (surcharge)

If your order should be processed with priority/urgency and we begin the order within 4 hours after becoming aware of it, the urgency surcharge becomes due. However, we do not guarantee troubleshooting within this time window. Urgent orders include all orders where you signal us an immediate, prompt or urgent or timely need for action.

The core business hours are:

Monday - Friday: 11:00 AM - 9:00 PM

Billing is done, unless otherwise agreed, in (per started) 15-minute increments.

10.9 Technical Requirements for Remote Maintenance
The customer must ensure that all requirements for using the remote maintenance software are met on the PC to be maintained. Specifically, the following system environment is required:
- Uninterrupted power and network connection
- DSL connection (or comparable connection) with at least 2,000 Kbit/sec download and 512 Kbit/sec upload, which is not used for other purposes during remote maintenance
- For WLAN connections additionally: (at least) good signal strength
- Current Java version (at least JRE 7)
- For Windows devices: Installed .NET Framework (at least version 3.5) and original operating system (with purchased, valid license)

Furthermore, the customer guarantees to have purchased all licenses installed on the PC to be maintained. It must be original software in original condition. We are not liable for damages that occur during or after remote maintenance due to errors on the customer's side or illegal software, especially not for damages with non-original software. Once remote maintenance has been completed, meaning the order has been completed or billed, the customer releases us from any liability for damages or problems that occur later.

Additionally, the customer ensures that at the time of remote maintenance, all necessary passwords that could be used for remote maintenance are at hand and can be provided if needed. This applies particularly to:
- Password for the PC user (if needed)
- Password for the PC's administrator access (if needed)
- Password for router including DSL access data (if needed)
- WLAN access data (if needed)

If services (such as emails) are to be set up, such access data must also be at hand and provided if needed.

Should one or more requirements for remote maintenance not be met, the customer must still pay for the remote maintenance, as they have not fulfilled their obligations and the estimated, billable time for remote maintenance was reserved. In case of doubt, the estimated price for remote maintenance will be due as compensation.

10.10 Appointments for Remote Maintenance and/or Consulting Services
If an appointment for remote maintenance and/or consulting has been arranged, appointment cancellation can only be accepted free of charge at least 24 hours before the appointment start. If an appointment is cancelled by the customer within this 24-hour period, or if remote maintenance or consulting cannot take place at the agreed time for reasons the customer is responsible for, the customer must still pay the full invoice amount for the agreed working time, but at least 60.00 EUR net.

You can cancel an appointment by phone, fax, email or SMS. The contact details intended for this can be found at the beginning of these terms.
If an appointment is cancelled at short notice on our part or cannot take place, the customer is not entitled to compensation. However, we will usually issue the customer an appropriate voucher or discount for future services.

10.11 Keyloggers and Screen Grabbers
The customer must ensure that no keyloggers, screen grabbers, video grabbers, monitoring programs or similar software is installed or at least not active on their system during remote maintenance. In case of violation, even unintentional, the customer must pay a contractual penalty of 3,000 euros per violation. Our services provided are not intended for training purposes and therefore may not be recorded by the customer - regardless of the form.

10.12 Consulting and Remote Maintenance for Business Use
If the device to be maintained via remote maintenance is or was used for business purposes in any way (regardless of type and scope), although the customer has commissioned us as a private individual, the customer releases us from any liability that may arise in connection with malfunctions of the commercially used programs.

Reason:
In rare cases, commercially used software, databases, files or registry entries (e.g., during virus scanning or malware removal) may be identified as a virus or harmful program during remote maintenance and thus modified or deleted, which can lead to errors up to data loss. Therefore, special measures to secure important data are necessary in individual cases. If the customer does not inform us of this at the beginning of remote maintenance, we cannot assume liability for damage to system, software or files.

10.13 Removal of Viruses, Malware, Adware & Co.
When removing viruses, malware, adware and co., data loss is inevitable. Of course, only the damaged or infected or modified data should be cleaned or deleted. Basically, there are also viruses that have written themselves into personal data/files, so that these may be damaged or removed during virus removal using anti-virus software.

For this reason, we recommend that you regularly perform data backups on external storage devices or servers to keep such data losses as low as possible in case of infection by viruses, malware, adware & co.

After removing viruses, malware, adware & co., we will of course try to restore damaged or deleted data from your data backups.