Terms of Service

1. Service Provider

BackupExperts
Email: info@backupexperts.de
Phone: +49 37298 909061

2. Scope of Application

These terms of service apply to all contracts between BackupExperts and:

• Consumers (individuals acting for personal purposes)
• Businesses (individuals or companies acting in their commercial or professional capacity)

Special consumer protection provisions remain unaffected.

3. Scope of Services

3.1 IT Support Services

• Computer backup and recovery solutions
• Data migration and transfer services
• System maintenance and optimization
• Technical support and troubleshooting
• Software installation and configuration
• Data security and recovery services

3.2 Remote Access Services

• Remote desktop support using RustDesk software
• Diagnostic and repair services via remote connection
• Software installation and configuration
• System monitoring and maintenance

4. Remote Access Terms

4.1 Consent Requirements

• Client must provide explicit consent before each remote session
• Client can terminate remote access at any time
• All remote sessions are logged for security and quality purposes
• Screen recording may occur for documentation purposes

4.2 Data Protection

• All remote sessions comply with GDPR and German data protection law
• Personal data is processed according to our Remote Access Privacy Policy
• Client data remains confidential and is not shared with third parties
• End-to-end encryption protects all remote communications

4.3 Professional Secrecy

For clients subject to professional secrecy under §203 German Criminal Code:

• Additional confidentiality agreements are required
• Enhanced security measures and access controls apply
• Separate documentation and audit trails are maintained
• Staff handling such data receive specialized training

5. Client Responsibilities

The client is responsible for:

5.1 System Requirements

• Ensuring systems meet minimum requirements for services
• Maintaining current antivirus and security software
• Providing necessary administrator access when required
• Backing up critical data before major system changes
• Complying with local laws and regulations regarding IT security
• Securing login credentials and access information

5.2 Remote Access Cooperation

• Remaining available during scheduled remote sessions
• Providing clear description of issues requiring resolution
• Granting necessary permissions for remote access software
• Monitoring remote sessions and reporting any concerns immediately
• Ensuring the accuracy of all information provided

6. Data Backup and Loss Disclaimer

7. Limitation of Liability

Under no circumstances shall BackupExperts be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages.

Our maximum liability, in any case, shall not exceed the amount paid by the client in the last 3 months for the services.

7.1 Legal Liability

• We are fully liable for intent and gross negligence
• For slight negligence, we are only liable for breach of essential contractual obligations (cardinal duties)
• In case of slight negligence, liability is limited to foreseeable, typical contractual damages
• Liability for personal injury and under the Product Liability Act remains unaffected
• Force majeure events excuse performance delays

8. Uptime & Availability

We strive to maintain 99.5% uptime. However, temporary outages may occur due to maintenance, upgrades, or unforeseen issues. We do not offer service credits or refunds for downtime.

9. Right of Withdrawal for Consumers

9.1 Early Termination of Withdrawal Right

The right of withdrawal expires prematurely if we have fully performed the service and only began performance after you gave your express consent and acknowledged that you will lose your right of withdrawal upon our complete fulfillment of the contract.

10. Payment Terms

• All prices include applicable VAT
• Services are billed according to agreed rates (see current price list)
• Payment is due within 14 days of invoice date
• Remote access sessions are billed in 15-minute increments
• Travel charges apply for on-site services
• Default interest applies for late payments according to legal provisions

11. Termination

• Either party may terminate services with 7 days notice
• Client may terminate remote sessions immediately
• Final invoices are due within 30 days of termination
• Client data will be securely deleted upon request

12. Security and Confidentiality

12.1 Data Security

• All remote access uses industry-standard encryption
• Access logs are maintained for 30 days
• Staff undergo regular security training
• Security incidents are reported within 24 hours

12.2 Confidentiality

• All client information is strictly confidential
• Staff sign comprehensive confidentiality agreements
• No client data is used for marketing purposes
• Confidentiality survives termination of services

13. Compliance and Legal

13.1 Regulatory Compliance

• Services comply with German IT security regulations
• GDPR and BDSG requirements are fully implemented
• Regular compliance audits are conducted
• Staff receive ongoing compliance training

13.2 Dispute Resolution

• German law applies to all service agreements
• Disputes are resolved through German courts
• Mediation is preferred for contract disputes
• Client rights under consumer protection law are preserved

14. Changes to Terms

• Terms may be updated to reflect legal changes
• Clients will be notified 30 days before changes take effect
• Continued use of services constitutes acceptance
• Client may terminate services if they object to changes

15. Contact Information

For questions about these terms:

• Email: info@backupexperts.de
• Phone: +49 37298 909061
• Business Hours: Monday-Friday, 9:00-17:00 CET