General Terms and Conditions (GTC)

§ 1 Scope

These General Terms and Conditions (GTC) apply to all contracts for IT services concluded between Recaster Software GmbH, represented by Managing Director Mr. Alexander Jost, Eduard-Schloemann-Str. 35, 40237 Düsseldorf (hereinafter "Service Provider") and its contractual partners (hereinafter "Client") as part of the range of services offered on the website www.qken.de. Deviating or conflicting provisions require the written confirmation of the Service Provider.

§ 2 Subject matter of the contract and conclusion

2.1 The subject of the contract is the provision of IT services, in particular error diagnoses and their correction via remote maintenance (remote support) and, in exceptional cases, on site.

2.2 The Service Provider offers a free initial diagnosis of a maximum of 10 minutes during the core business hours defined on the website. This diagnosis is a non-binding analysis and does not yet constitute a paid contract. There is no right to problem solving within this time.

2.3 A paid service contract is concluded after the Service Provider has, following the diagnosis, submitted to the Client verbally (e.g. by telephone) or in text form (e.g. via WhatsApp, email) a solution offer at a fixed price (package) and the Client has accepted this offer. With this acceptance, the Client places a binding order subject to a charge.

§ 3 Prices, terms of payment and emergency service

3.1 The package prices listed on the Service Provider’s website at the time of the order placement apply. All prices are final prices. [Note: If you are subject to VAT, you must add "plus statutory VAT" here].

3.2 For services outside core business hours (emergency service), the emergency flat rates listed on the website are due in addition to the package price. The emergency flat rate covers the prioritized processing and fault diagnosis and is due upon commissioning the emergency service.

3.3 The remuneration is due immediately after the service has been rendered without deduction. Payment is usually made via the electronic payment methods offered by the Service Provider (e.g. PayPal.me, bank transfer).

3.4 If the Client is in default of payment, the Service Provider is entitled to charge default interest at the statutory rate.

§ 4 Obligations of the Client and data backup

4.1 The Client’s primary obligation is to cooperate in problem solving, in particular by providing the necessary information and access (e.g. remote maintenance software such as AnyDesk).

IMPORTANT – DATA BACKUP: The Client is solely and fully responsible for the regular backup of their data. The Client is obliged to perform a complete and up-to-date backup of all relevant data on an external medium BEFORE the start of the Service Provider’s service. The Service Provider expressly points out that when working on the system, particularly when fixing software or hardware errors, there is a risk of data loss.

4.3 The Client indemnifies the Service Provider against all claims by third parties that may arise from the processing of data provided by the Client.

§ 5 Liability

Limitation of liability for slight negligence: In the event of slightly negligent breach of essential contractual obligations (so-called cardinal obligations), the liability of the Service Provider is limited to the typical, foreseeable damage. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the Client may regularly rely. Otherwise, liability for slight negligence is excluded.

Special exclusion of liability for data loss: With reference to the Client’s sole obligation to back up data in accordance with § 4.2 of these GTC, liability for the loss of data is excluded insofar as the damage is based on the Client’s omitted and incomplete data backup. Liability for data loss is further limited to the typical recovery effort that would have occurred if the Client had made regular backup copies.

Liability for existing defects: The Service Provider is not liable for existing defects or damage to the Client’s hardware or software that existed before the beginning of the contract, even if these are only discovered in the course of the diagnosis.

Exceptions to limitations of liability: The limitations or exclusions of liability arising from § 5.1 to § 5.3 do not apply to liability for damages resulting from injury to life, limb or health, or for other damages based on an intentional or grossly negligent breach of duty by the Service Provider, its legal representatives or vicarious agents.

§ 6 Final provisions

6.1 German law shall apply exclusively to the business relationship between the parties.

6.2 If the Client has no general place of jurisdiction in Germany or is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Service Provider’s registered office in Düsseldorf.

6.3 Should individual provisions of these GTC be or become ineffective, this shall not affect the validity of the remaining provisions.