General Terms and Conditions
As of June 2026. This is a non-binding translation; the German version (AGB) is legally binding.
Provider
Nokkela-IT-Concept GmbH (in formation)
Lucas-Cranach-Straße 14
96317 Kronach
Germany
Email: [email protected]
§ 1 Scope
(1) These General Terms and Conditions (the "Terms") apply to all contracts, deliveries and other services of Nokkela-IT-Concept GmbH (the "Provider") towards its customers (the "Customer") relating to IT infrastructure, managed services, hosting, IT security as well as AI consulting and solutions.
(2) The Terms apply exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law.
(3) Conflicting or deviating terms of the Customer are rejected; they only become part of the contract if the Provider expressly agrees to them in text form.
§ 2 Conclusion of contract
(1) The Provider's offers are subject to change and non-binding unless expressly designated as binding.
(2) A contract is concluded by the Provider's order confirmation in text form or by the start of performance. The offer and the respective service description govern the content and scope of the services.
§ 3 Scope of services and changes
(1) The type, scope and quality of the services result from the respective contract, the offer and – where agreed – from a service or service-level description.
(2) The Provider is entitled to have services rendered in whole or in part by qualified third parties (subcontractors). Its responsibility towards the Customer remains unaffected.
(3) Changes or extensions to the agreed scope of services require a separate agreement in text form.
§ 4 Customer's duties to cooperate
(1) The Customer provides the Provider with all information, access, data and cooperation required for performance in good time and free of charge.
(2) The Customer names a responsible contact person. Before work on productive systems, the Customer creates – unless expressly agreed otherwise – a complete backup in line with the state of the art.
(3) Delays due to cooperation not provided or not provided in time by the Customer are not at the Provider's expense.
§ 5 Remuneration and payment terms
(1) The prices agreed in the contract or offer apply. All prices are exclusive of the statutory value-added tax.
(2) Recurring services (e.g. managed services, hosting) are, unless agreed otherwise, invoiced monthly in advance; effort-based services according to actual effort.
(3) Invoices are due for payment without deduction within 14 days of the invoice date. The statutory provisions on default otherwise apply.
§ 6 Term and termination
(1) Contracts for recurring services are, unless agreed otherwise, concluded for an indefinite term and may be ordinarily terminated with a notice period of three months to the end of a calendar month.
(2) The right to extraordinary termination for good cause remains unaffected.
(3) Terminations require text form.
§ 7 Dates and default
Dates and deadlines are binding only if they have been expressly agreed as binding. Delays due to force majeure or circumstances attributable to the Customer extend agreed deadlines appropriately.
§ 8 Warranty
(1) The Provider renders its services professionally in accordance with the recognised state of the art.
(2) For work performance, the Provider remedies defects within a reasonable period, at its choice by rework or re-creation. For services, there is a claim to contractual, defect-free performance within the agreed scope.
(3) A specific availability is only owed insofar as it is expressly agreed – for example in a service level agreement.
(4) For hosting and managed-service offerings, the Provider guarantees – subject to any deviating contractual agreement – an availability of 99% on an annual average. Announced maintenance windows and outages for which the Provider is not responsible (in particular force majeure and circumstances attributable to the Customer) are not included in the availability calculation.
§ 9 Liability
(1) The Provider is liable without limitation for damage arising from injury to life, body or health and in cases of intent and gross negligence.
(2) In the case of simple negligence, the Provider is liable only for the breach of essential contractual obligations (cardinal obligations) and limited in amount to the foreseeable damage typical for the contract.
(3) Any further liability is excluded. Liability under the German Product Liability Act remains unaffected.
(4) The Provider is liable for the loss of data only insofar as the Customer has carried out a proper backup in line with the state of the art and the data can be restored with reasonable effort.
§ 10 Rights of use and ownership
(1) For work results created specifically for the Customer, the Provider grants the Customer, after full payment of the agreed remuneration, a simple right of use, unlimited in time and territory, for contractual use.
(2) For standard or open-source software used, the respective licence terms of the rights holders apply.
§ 11 Confidentiality
The contracting parties undertake to keep confidential all confidential information of the other party obtained in the course of cooperation and to use it only for the purposes of performing the contract. This obligation continues to apply after termination of the contract.
§ 12 Data protection
The parties observe the applicable data protection provisions, in particular the GDPR. Insofar as the Provider processes personal data on behalf of the Customer, a data processing agreement pursuant to Art. 28 GDPR is concluded. Details on processing on this website are set out in the privacy policy.
§ 13 Force majeure
Events of force majeure that significantly impede or render impossible the Provider's performance (e.g. large-scale disruptions of telecommunications, power or network outages, official measures, natural disasters) release the Provider from the obligation to perform for the duration of the disruption and to the extent of its effect.
§ 14 Final provisions
(1) Amendments and additions to the contract require text form; this also applies to the waiver of this text-form requirement.
(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(3) The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is – to the extent legally permissible – the Provider's registered office; the place of performance is likewise the Provider's registered office.
(4) Should any provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.