Terms and Conditions
These terms and conditions apply to all contracts for IT services as well as the delivery and setup of hardware and software between SamiXone Digital Solutions and its customers.
1. Scope and definitions
Deviating terms of the customer apply only if we expressly agree. For business customers, these terms also apply to future business relationships.
- Consumer means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Sec. 13 German Civil Code).
- Business means a natural or legal person or a partnership with legal capacity acting in the exercise of its trade, business or profession when concluding the contract (Sec. 14 German Civil Code).
2. Provider
The contracting party and provider of the services is:
3. Services and scope
We provide IT services and deliver or configure hardware and software. The concrete scope is defined in the respective offer or service description.
- PC and system services, setup, troubleshooting and maintenance
- Network and infrastructure services (e.g. VLAN, routing, Wi-Fi)
- Firewall and security services (e.g. policy, VPN, hardening)
- Monitoring, notifications and reporting
- Automation and custom tools/applications
- Consulting and documentation
- Delivery, installation and configuration of hardware and software licenses
Services may be provided remotely or on site. For services we owe diligent performance, not a specific result; for work contracts acceptance applies.
4. Contract conclusion
Offers are non-binding. A contract is concluded when the customer accepts our offer in writing or text form or we begin providing the service. Changes and extensions require text form.
5. Customer cooperation
The customer provides the information, access and cooperation required for service delivery in a timely manner.
- Appointing a contact person and providing necessary access credentials
- Ensuring backups before changes to production systems
- Providing the necessary technical prerequisites on site or remotely
- Informing us about relevant changes, issues or special circumstances
Delays or additional effort due to missing cooperation may be billed separately and schedules may be adjusted accordingly.
6. Prices and billing
Compensation is based on the offer and may be billed by time (hourly or daily rate) or as a flat fee.
- Remote sessions may be billed as a flat fee per session.
- On-site services may incur travel and expense costs.
- Hardware, spare parts and software licenses are billed separately.
- All prices are in EUR plus statutory VAT unless stated otherwise.
7. Payment terms
Invoices are payable within 14 days from the invoice date without deduction. In case of default, statutory default interest applies; reminder fees may be charged. Set-off and retention rights are only available for undisputed or legally established claims.
8. Service delivery, deadlines and acceptance
Dates and deadlines are binding only if expressly agreed.
- For work contracts, acceptance takes place after completion.
- Partial acceptance is permissible where reasonable.
- Defects must be reported without undue delay so we can provide subsequent performance.
9. Warranty
For services, the statutory provisions apply; no success guarantee is provided. For work contracts, statutory warranty rights apply. For delivered hardware and software licenses, the respective manufacturer terms apply unless otherwise agreed.
10. Liability
We are liable without limitation in cases of intent, gross negligence, injury to life, body or health, and under the Product Liability Act.
- In case of slight negligence, we are liable only for breach of essential contractual obligations and limited to the foreseeable typical damage.
- We are liable for data loss only if the customer has performed appropriate backups and only for the recovery effort.
- Liability for lost profits is excluded to the extent legally permitted.
11. Term and termination
One-off services end upon performance or acceptance. Ongoing contracts (e.g. maintenance/monitoring) are agreed individually; unless otherwise agreed, they run for an indefinite term and may be terminated with 14 days' notice to the end of the month. The right to terminate for cause remains unaffected.
12. Right of withdrawal for consumers
Consumers have a right of withdrawal of 14 days from conclusion of the contract.
- Withdrawal can be declared by a clear statement (e.g. by email or letter).
- If you expressly request that we begin the service before the withdrawal period ends, you must pay for services already provided.
- If services are fully performed, the right of withdrawal expires once you have expressly consented and confirmed your knowledge of the loss of the right.
The withdrawal can be sent to the contact details listed above.
13. Data protection
Information on the processing of personal data can be found in our privacy policy.
Open privacy policy14. Final provisions
- The laws of the Federal Republic of Germany apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
- Exclusive jurisdiction for merchants is the provider's place of business.
- Should any provision be invalid, the remaining provisions remain effective.