Terms & Conditions

(1) These Terms & Conditions are part of all contracts concluded in connection with the services described in §2. Deviating terms of the customer shall not become part of the contract unless Bredow Systems, owner Jan Christopher Bredow (hereinafter Provider) expressly agrees to their validity in writing.

(2) Deviating provisions in the offer or service description, including any Service Level Agreement (hereinafter collectively: Service Description), shall take precedence over these Terms & Conditions.

(1) The Provider delivers IT services for its customers. These include in particular:

1. IT Consulting
2. Software development, including the Provider’s own SaaS products (Software as a Service)
3. Managed Services
4. Hosting and provision of server and network infrastructure (incl. virtual machines and colocation)
5. DNS hosting
6. Registration, rental, sale, and administration of domains
7. Sale and rental of hardware and software

The details of the scope of services are set out in the respective Service Description.

(1) The Provider exclusively enters into contracts with entrepreneurs within the meaning of §14 BGB (German Civil Code).

(2) The content of the Provider’s website does not constitute a binding offer.

(3) The contract is only concluded upon confirmation of an offer by the Provider.

(1) The duration of the contract corresponds to the period specified in the Service Description or the period selected by the customer in their order (initial term). If the contract is not terminated or not terminated in time, it shall be extended by the same period (contract extension).

(2) Termination generally requires text form.

(3) The right to early termination for good cause remains unaffected. Good cause for the Provider exists in particular if the customer is in arrears with an amount equivalent to one monthly fee for more than 4 weeks. Good cause for early termination also exists if the customer significantly or persistently breaches other obligations under the contract, particularly after a formal warning. The customer is advised that all services will end upon termination of the contract.

(1) Unless otherwise agreed, services are delivered remotely. On-site deployments require prior agreement with the Provider and will be invoiced at the Provider’s current rates.

(2) We may delegate rights and obligations from the contractual relationship to suitable third parties without being released from our responsibility.

(1) Insofar as the Provider delivers hosting, DNS hosting, SaaS or other infrastructure services, the following provisions shall additionally apply.

(2) The Provider aims for an availability of the provided services of 99 % on an annual average. This is a target, not a guaranteed availability. Planned maintenance windows and disruptions outside the Provider’s control (e.g. force majeure, disruptions at upstream suppliers, power outages) are not included in the availability calculation.

(3) The Provider is entitled to perform planned maintenance. Maintenance windows will be announced to the customer at least 48 hours in advance where possible. Emergency maintenance may be performed without prior notice.

(4) The Provider regularly creates backup copies of customer data on a best-effort basis. The Provider is not liable for data loss unless the loss is due to intent or gross negligence on the part of the Provider. The customer is responsible for independently backing up their own data.

(5) Upon termination of the contractual relationship, the Provider shall make the customer’s data available in a common format for a period of 30 days after the end of the contract. After this period, the Provider is entitled to irreversibly delete the data.

(6) The Provider is not liable for data loss or disruptions caused by the customer themselves (e.g. faulty configurations, unauthorized granting of access to third parties, interventions in the system environment without coordination with the Provider).

(1) Insofar as the Provider arranges the registration, rental, or administration of domains, it acts as an intermediary between the customer and the relevant registry or registrar. The domain contract is only concluded upon confirmation of the registration by the registry; there is no entitlement to the registration of a specific domain.

(2) The customer is solely responsible for the accuracy and currency of the data provided at registration, in particular the registrant (owner) data. The customer shall indemnify the Provider against all third-party claims arising from incorrect information or from an infringement of naming, trademark, or other third-party rights caused by the chosen domain.

(3) The Provider is not responsible for the availability of domains, the allocation practices, or any changes to prices or policies made by the relevant registry or registrar.

(4) Unless expressly agreed otherwise, a domain shall automatically renew at the then-current rates unless the customer terminates it in text form in good time before expiry. In the event of non-payment, the Provider is entitled to refuse renewal of the domain or to deactivate it.

(5) A domain shall be transferred to another provider upon release of the required transfer authorization (e.g. an Auth-Code) once all outstanding claims owed to the Provider have been settled in full.

(1) All offers and prices are net prices plus the applicable statutory VAT at the time of service, if applicable.

(2) The customer’s right to set-off only applies insofar as their counterclaims have been legally established or are undisputed.

(3) The client shall pay the fees specified in the contract for the Provider’s services. All agreed flat rates and consumption-independent fees shall – unless expressly agreed otherwise – be paid monthly in advance. Usage-dependent services and personnel costs for commissioned work shall be invoiced on the first of each following month for the previous month.

(4) For hardware sales, retention of title applies. The goods remain the property of the Provider until full payment has been made.

(1) The Provider is entitled to publish its own work on the project while safeguarding the customer’s legitimate interests, and to use the work as a reference.

(2) The customer grants the Provider the simple, geographically unrestricted, non-transferable right to use the customer’s logos and designations for reference purposes in media.

(1) We shall maintain confidentiality regarding all business and trade secrets of the customer that have become known to us, even beyond the contract term.

(2) All persons and contractors commissioned by us are obligated to maintain confidentiality and data protection.

(1) The Provider, its legal representatives and vicarious agents shall not be liable in cases of slight negligence. This does not apply in the case of culpable breach of material contractual obligations. Material contractual obligations are obligations whose fulfillment is essential for the proper execution of the respective contract and on whose compliance the customer may regularly rely. In such cases, however, the Provider’s liability is limited to the typical and foreseeable damage. The amount of the claim for damages per incident is limited to the annual net order value of the respective Service Description, unless otherwise agreed in writing.

(2) Otherwise, the Provider’s liability for damages, regardless of the legal basis, is excluded; there is no fault-independent liability for initial defects. This also applies to the personal liability of legal representatives, employees and vicarious agents of the Provider.

(1) The Provider is entitled to have contractual services performed by third parties.

(2) If individual provisions of this contract are or become invalid, the validity of the remaining provisions shall not be affected. In this case, the contracting parties shall replace the invalid provision with another that comes closest to the economic purpose of the omitted provision in a permissible manner.

(3) The Provider is entitled to change non-essential parts of these Terms & Conditions at any time without giving reasons, provided this does not unreasonably alter the overall contractual structure. The amended terms will be made available to the customer at least 6 weeks before they take effect.

(4) The place of jurisdiction is Hamburg, Germany.