Terms of Service
These Terms of Service (the "Terms") govern every engagement between DripBack GmbH ("DripBack", "we") and our clients (the "Client") for IT services, including managed IT support, WordPress maintenance, web hosting, AI automation, and IT security and audit work. This English text is a translation for convenience; in the event of any discrepancy, the German Allgemeine Geschäftsbedingungen (AGB) prevail.
1. Scope
These Terms apply to all contracts between DripBack and the Client. Any of the Client's terms that differ from, conflict with, or add to these Terms do not become part of the contract unless DripBack agrees to them expressly and in writing.
2. Conclusion of contract
DripBack's offers are non-binding. A contract comes into effect when DripBack issues a written order confirmation, begins providing the service, or both parties sign a statement of work.
3. Scope of services
The scope of services is set out in the applicable offer, order confirmation, or statement of work. Unless agreed otherwise:
- Standard response time: 48 hours on business days.
- Service hours: Monday through Friday, 9:00 a.m. to 6:00 p.m. CET, excluding public holidays at DripBack's registered office.
- Communication channels: email, ticket portal, and phone for existing clients.
4. Client cooperation
The Client provides DripBack with the information, access, authorizations, and cooperation needed to deliver the services, in good time and in a usable 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 service month they cover.
- Hourly services are invoiced monthly in arrears.
- Invoices are payable in full within 14 days of the invoice date.
- All prices are exclusive of statutory VAT.
6. Term and termination
Unless agreed otherwise, ongoing services — in particular managed IT, maintenance, and hosting contracts — run for an indefinite term. Either party may terminate in text form with 30 days' notice to the end of the month. The right to terminate for cause remains unaffected.
7. Service Level (SLA)
Where availability targets have been agreed, they are measured as an annual average. Planned maintenance windows, and outages caused by force majeure, third-party providers, or other causes outside DripBack's control, are excluded from the availability calculation.
8. Warranty
DripBack performs its services professionally and in line with current technical standards. For work products, the warranty period is twelve months from acceptance. Defects must be reported in text form promptly after they are found.
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 where a material contractual obligation (a "cardinal duty") has been breached, and then only up to the foreseeable damage typical for this kind of contract. Any further liability is excluded.
Liability for data loss is limited to the recovery effort that would typically have been required had the Client kept regular, risk-appropriate backups.
10. Data protection and processing
Where DripBack processes personal data on the Client's behalf, the parties enter into a separate data processing agreement under Art. 28 GDPR. In all other respects, the Privacy Policy applies.
11. Confidentiality
Both parties treat all confidential information received in the course of the engagement as confidential, without time limit, and use it only to perform the contract.
12. Subcontractors
DripBack may engage qualified subcontractors. Where personal data is processed, the additional requirements of the data processing agreement apply.
13. Final provisions
These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the Client is a merchant, a legal entity under public law, or a special fund under public law, the registered office of DripBack GmbH is the exclusive place of jurisdiction for all disputes arising from this contract.
If any provision of these Terms is or becomes invalid, the remaining provisions stay in force.