General terms and conditions (GTC)

§ 1 Scope

These general terms and conditions (“GTC”) apply to all contracts between

Andy Wunderlich, Joomla Upgrade Service
Chiemseering 61, 85551 Kirchheim, Germany
(“Contractor”)

and the client (“Client”) for IT services, in particular Joomla upgrades, technical maintenance and ongoing Joomla website care.

The Client’s deviating terms do not apply unless the Contractor expressly agrees to them in writing.

§ 2 Subject matter

1. The scope of services follows from the respective offer or order confirmation from the Contractor.
2. The Contractor provides in particular:
   • One-off Joomla upgrades (e.g. from Joomla 3, 4 or 5 to the then-current version)
   • Technical pre-checks and consulting
   • Ongoing technical care under Manage Joomla Care or Manage Joomla Care Pro
   • Security updates, backups and monitoring
3. Changes or extensions of scope require written agreement.

§ 3 Conclusion of contract

1. Offers are non-binding unless expressly marked as binding.
2. A contract is formed when the Client accepts an offer or the Contractor confirms the order.
3. For online enquiries via the website, the contract is formed upon written confirmation by the Contractor.

§ 4 Client cooperation

1. The Client provides timely access, information and materials required for delivery (e.g. FTP/SSH, hosting credentials, administrator access).
2. The Client ensures a full website backup exists before work starts unless agreed otherwise that the Contractor provides it.
3. Delays due to missing cooperation are not attributable to the Contractor.

§ 5 Prices and payment

1. All prices are in euros plus applicable statutory VAT.
2. One-off services (e.g. upgrades) are invoiced upon completion unless agreed otherwise.
3. Ongoing care agreements (Manage Joomla Care, Manage Joomla Care Pro) are invoiced monthly in advance.
4. Invoices are due within 14 days without deduction.

§ 6 Term and termination of care agreements

1. Manage Joomla Care runs for an indefinite term and may be terminated with 30 days’ notice to the end of a month.
2. Manage Joomla Care Pro has a minimum term of 12 months. Thereafter it renews for further 12-month periods unless terminated with 30 days’ notice before the end of the term.
3. Statutory rights to extraordinary termination for cause remain unaffected.
4. Terminations require text form (e.g. email).

§ 7 Warranty and liability

1. The Contractor performs services with reasonable care and according to the state of the art.
2. Liability for damages exists only for intent and gross negligence and for breach of material obligations; in the latter case liability is limited to typical, foreseeable damage.
3. Liability for data loss is limited to the typical recovery effort that would have applied with regular, adequate backups.
4. The above limits do not apply to injury to life, body or health.

§ 8 Confidentiality and privacy

1. Both parties keep confidential information obtained in the cooperation confidential.
2. The Contractor processes personal data only to deliver services and in line with applicable privacy law. Details are in the privacy policy.
3. If third-party personal data is processed under care, a data processing agreement is concluded where required.

§ 9 References

The Contractor may name the Client and the project as a reference unless the Client expressly objects.

§ 10 Final provisions

1. German law applies, excluding the UN Sales Convention.
2. Place of performance and venue is, where legally permissible, the Contractor’s registered office in Germany.
3. If individual provisions are or become invalid, the remainder stays in effect.
4. Amendments require written form.