General Terms and Conditions (GTC)

L::eS
Michael Walkenhorst

Spenger Str. 13
32130 Enger

1. Scope of Application

1.1 These General Terms and Conditions (GTC) apply to all contracts concluded between L::eS - Michael Walkenhorst (hereinafter referred to as "Contractor") and its customers (hereinafter referred to as "Client").

1.2 Deviating agreements, conditions, or additions only become part of the contract if they have been confirmed in writing.

2. Description of Services

2.1 The contractor offers IT services in the areas of hosting, web design, managed monitoring, virtualization, customization, corporate identity (CI), consulting, and support.

2.2 The exact service content is individually agreed upon in the contract. Changes and additions to services must be in writing.

2.3 No guarantee of 100% availability is provided for hosting services unless expressly agreed.

3. Conclusion of Contract

3.1 A contract is concluded when the client accepts an offer from the contractor in writing, via email, or by using the service.

3.2 The contractor reserves the right to reject offers or requests without stating reasons.

4. Prices and Payment Terms

4.1 All prices are net, plus statutory VAT unless expressly stated otherwise.

4.2 Payment is made either as a flat rate or based on time expenditure, depending on the contractual agreement.

4.3 Payments are due within 14 days of invoice issuance unless otherwise agreed.

4.4 In the event of late payment, the contractor is entitled to charge statutory interest on arrears.

5. Obligations of the Client

5.1 The client provides all necessary information and access required for the agreed services on time.

5.2 The client agrees not to store or disseminate illegal content on provided systems (e.g., hosting servers).

5.3 The client is responsible for regular data backups unless expressly included as a contractor’s service.

6. Liability and Warranty

6.1 The contractor is liable for damages only in cases of intent or gross negligence.

6.2 Liability for data loss, interruptions, or operational disruptions is excluded unless caused by intentional or grossly negligent behavior of the contractor.

6.3 The contractor accepts no liability for services provided by third parties (e.g., server hosting).

7. Availability and Maintenance

7.1 The contractor aims for 98% availability on average annually for hosting services. Planned maintenance work will be announced in advance.

7.2 In the event of unannounced outages or disruptions, the contractor will strive for a prompt resolution.

8. Contract Duration and Termination

8.1 The contract duration is agreed upon individually.

8.2 Ordinary termination is possible with a notice period of [e.g., 1 month] to the end of the month unless otherwise contractually stipulated.

8.3 The right to terminate without notice for good cause remains unaffected.

9. Right of Withdrawal for Consumers

To exercise your right of withdrawal, you must inform us

L::eS
Michael Walkenhorst

Spenger Str. 13
32130 Enger
Germany
Tel.: +49 5224 97 210 20
Fax: +49 5224 97 210 25
E-Mail: info@linux-enterprise-server.de

by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. The withdrawal period is 14 days from the date of the conclusion of the contract.

We reserve the right to make a pro-rata calculation of the services rendered between the conclusion of the contract and the withdrawal.

Withdrawal Form: Withdrawal Form

10. Data Protection

10.1 The contractor undertakes to handle personal data of the client in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

10.2 Data will only be shared with third parties to the extent necessary for contract fulfillment or as required by law.

11. Jurisdiction and Applicable Law

11.1 The law of the Federal Republic of Germany applies to all disputes arising from or in connection with these GTC if the client is a business.

11.2 The place of jurisdiction is the contractor's registered office if the client is a merchant, a legal entity under public law, or a special fund under public law.

12. Final Provisions

12.1 Changes or additions to these GTC must be in writing.

12.2 If individual provisions of these GTC are invalid, the validity of the remaining provisions remains unaffected.