Terms of Service
These Terms of Service ("Terms") govern all engagements between DripBack GmbH ("DripBack", "we") and our clients ("Client") for the provision of IT services, including managed IT support, WordPress maintenance, web hosting, AI automation, IT security and audit services. The German-language Allgemeine Geschäftsbedingungen (AGB) shall prevail in case of discrepancy.
1. Scope
These Terms apply to all contracts between DripBack and the Client. Any deviating, conflicting or supplementary terms of the Client shall not become part of the contract unless DripBack expressly agrees to them in writing.
2. Conclusion of contract
DripBack's offers are non-binding. A contract is concluded by a written order confirmation from DripBack, by the provision of the service, or by both parties signing an individual statement of work.
3. Scope of services
The specific scope of services is set out in the respective offer, order confirmation or statement of work. Unless otherwise agreed:
- Standard response time: 48 hours on business days.
- Service hours: Monday to Friday, 09:00 – 18:00 CET (excluding public holidays at DripBack's registered office).
- Communication channels: email, ticket portal, phone (for existing clients).
4. Client cooperation
The Client shall provide DripBack with all information, access, authorisations and cooperation necessary for the provision of the services in good time and in a suitable form. Delays caused by missing cooperation are at the Client's expense.
5. Fees and payment
- Monthly retainers are invoiced at the start of the relevant service month.
- Hourly services are invoiced monthly in arrears.
- Invoices are due for payment within 14 days of the invoice date without deduction.
- All prices are net of statutory VAT.
6. Term and termination
Unless otherwise agreed, ongoing services (in particular managed IT, maintenance and hosting contracts) are concluded for an indefinite period. Either party may terminate with 30 days' notice to the end of the month in text form. The right to extraordinary termination for cause remains unaffected.
7. Service Level (SLA)
Where availability metrics have been agreed, they apply on an annual average. Planned maintenance windows and outages caused by force majeure, third-party providers or causes outside DripBack's responsibility are excluded from the availability calculation.
8. Warranty
DripBack performs its services professionally and according to the state of the art. For work products, the warranty period is twelve months from acceptance. Defects must be reported in text form without undue delay after discovery.
9. Liability
DripBack is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.
For ordinary negligence, DripBack is liable only in the event of a breach of a material contractual obligation ("cardinal duty"); liability is then limited to the foreseeable damage typical for the contract. Any further liability is excluded.
Liability for data loss is limited to the typical recovery effort that would have arisen had the Client made regular and risk-appropriate backups.
10. Data protection and processing
Where DripBack processes personal data on behalf of the Client, the parties shall enter into a separate data processing agreement under Art. 28 GDPR. Otherwise, the Privacy Policy applies.
11. Confidentiality
Both parties undertake to treat all confidential information obtained in the course of contract performance as confidential without time limit and to use it only for the purpose of fulfilling the contract.
12. Subcontractors
DripBack is entitled to engage qualified subcontractors. Where personal data is processed, the additional requirements of the data processing agreement apply.
13. Final provisions
The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the Client is a merchant, legal entity under public law or special fund under public law, the registered office of DripBack GmbH shall be the exclusive place of jurisdiction for all disputes arising from this contract.
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.