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, the clean-up of compromised websites 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
   • One-off clean-up of compromised Joomla websites (removal of malicious code, identification and closing of the entry point, final report)
   • Ongoing technical care under Manage Joomla Basis-Schutz, Manage Joomla Care or Manage Joomla Care Pro
   • Security updates, backups and monitoring
   • Manage Joomla Care and Manage Joomla Care Pro include 30 minutes per contract month for small changes and other work (e.g. text corrections, minor adjustments, questions)
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. For the clean-up of a compromised website, the Client informs the Contractor of known anomalies, any abuse or suspension notices from the host and of any measures already taken. The Client refrains from unilateral changes while the clean-up is in progress, as these can distort the findings.
4. 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, clean-ups) are invoiced upon completion unless agreed otherwise.
3. Quoted fixed prices apply to the standard case described in each case. If the pre-check reveals additional effort, the Contractor informs the Client before work starts; the order proceeds only with the Client’s approval.
4. Ongoing care agreements (Manage Joomla Basis-Schutz, Manage Joomla Care, Manage Joomla Care Pro) are invoiced monthly in advance.
5. Manage Joomla Basis-Schutz does not include licences for paid extensions; support and changes beyond the agreed scope are billed by time spent.
6. The 30 minutes per contract month included in Manage Joomla Care and Manage Joomla Care Pro apply to small changes and other work. Unused time expires at the end of the month and is not carried over. Work beyond that allowance is billed by time spent.
7. Invoices are due within 14 days without deduction.

§ 6 Term and termination of care agreements

1. Manage Joomla Basis-Schutz and Manage Joomla Care run 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. After the minimum term it continues for an indefinite period and may be terminated at any time with 30 days’ notice to the end of a month.
3. Where three months of aftercare are granted as part of a clean-up, that aftercare ends automatically at the end of the third month unless a care agreement is concluded. No termination is required.
4. Statutory rights to extraordinary termination for cause remain unaffected.
5. Terminations require text form (e.g. email).

§ 6a Clean-up of compromised websites

1. A clean-up comprises preserving the state as found, removing identified malicious code from files and database, removing unauthorised user accounts, closing the identified entry point, rotating credentials and a written final report.
2. The Contractor owes a professional clean-up according to the state of the art, but not a guaranteed outcome that no malicious code remains or that no further compromise occurs. Complete security is not technically achievable.
3. Where remediation is expressly promised as part of ongoing care, it applies to a renewed compromise through the same previously identified and closed entry point, and only for the duration of the care relationship.
4. Excluded from such a promise are cases where the renewed compromise results from circumstances outside the Contractor’s responsibility, in particular the sharing of credentials, interventions by the Client or third parties, the use of pirated or unlicensed extensions, recommendations that were declined or not implemented, and weaknesses in the hosting environment.
5. Where a care agreement includes clean-up in an emergency, the limitations in paragraph 4 apply accordingly. Cover applies where the entry point fell within the scope of the ongoing care assumed by the Contractor.
6. Restoring content that was already lost or irretrievably damaged before the order is not part of a clean-up. The Contractor supports communication with hosts, supervisory authorities and search engine operators by providing the final report; meeting the Client’s own statutory reporting and documentation obligations, in particular under Art. 33 GDPR, remains the Client’s responsibility.

§ 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.