This is a courtesy translation for information only. The German version is the sole legally binding contractual text; the German original controls in case of any discrepancy. Contracts are concluded in German (see 2.4).

Terms and Conditions for Maintenance Subscriptions

These terms apply to the maintenance and support subscriptions ("Subscription") offered by Daniel Girnjak, girweb, Ernst-Thälmann-Straße 26, 01809 Heidenau, Germany ("girweb", "we"). They do not apply to the creation of new websites or to comprehensive redesigns of existing websites; those services are offered and commissioned separately.

1. Scope, contracting parties

1.1 The subscriptions are aimed exclusively at businesses within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law. A contract with consumers (§ 13 BGB) is excluded. By placing an order, the customer confirms that they are entering into the subscription for their commercial or self-employed professional activity.

1.2 Deviating or supplementary terms and conditions of the customer do not become part of the contract unless girweb expressly agrees to them in writing.

2. Formation of contract

2.1 The presentation of the plans on the website is not a binding offer but an invitation to order.

2.2 Order via the client portal: The customer selects a plan and term, reviews the summary, and by clicking "Pay" submits a binding offer. The contract is formed once girweb confirms the order by email or activates the service in the client portal, at the latest upon the first successful payment.

2.3 Order via inquiry: For an inquiry submitted via the website form, the contract is formed when girweb confirms the offer in text form and the customer accepts the confirmation.

2.4 The contract language is German. The contract text is stored by girweb; the customer can view plan, term and status at any time in the client portal.

3. Scope of services

3.1 The scope of the subscription follows from the plan chosen, as described on girweb.eu/abo at the time of order. The plans essentially include:

• Basic: monthly maintenance and updates of the software used (system components, extensions, dependencies), uptime monitoring of the website, email support with a response within 48 hours.
• Business: everything in Basic, plus a security check and a performance check each quarter, 2 hours of change work per month, response to support requests within 24 hours.
• Premium: everything in Business, plus a security check every month, 5 hours of change work per month, priority support with a response within 8 hours, an annual report on a security test (penetration test) of the website.

3.2 Response times refer to the first qualified reply from girweb to a request via the client portal or by email, and apply on business days (Monday to Friday, excluding public holidays in Saxony) from 9am to 5pm. Requests outside these times are deemed received at 9am the next business day. The response time is not a commitment to resolve an issue within that period.

3.3 Change work (Business, Premium) covers minor adjustments to content, text, images, layout and functionality of the existing website. Unused hours expire at the end of the month and are not carried over or paid out. More extensive work, new page sections or features, and work beyond the included allowance, are offered in advance and billed separately based on effort.

3.4 Security checks and security tests are carried out with due care using recognized methods. They can uncover vulnerabilities but cannot guarantee that no further vulnerabilities exist. girweb owes the performance of the check and a clear report, not absolute security of the website.

3.5 Uptime monitoring means the automated monitoring of the website's availability and notification of girweb in the event of an outage. This does not constitute an availability guarantee; availability depends on the customer's hosting.

3.6 Not included are, in particular: hosting, domains, licenses for paid software, the creation of new websites, complete redesigns (relaunch), the remediation of damage caused by third parties or by the customer's own actions, and services on systems that are not part of the maintained website. girweb offers such services separately on request.

3.7 girweb may use subcontractors and technical service providers (e.g. monitoring services) to provide the services.

4. Customer's obligations to cooperate

4.1 The customer provides girweb with the access needed for the maintenance work (in particular hosting, domain/DNS management, content management system, and version control if applicable) and keeps it up to date throughout the contract term. Without this access, girweb may be unable to provide the services in whole or in part; the obligation to pay remains unaffected.

4.2 The customer remains the owner and controller of their website, its content, and the data processed there. They ensure that content and use do not violate any laws or third-party rights.

4.3 Unless the customer has expressly commissioned backups, data backup of the website is the customer's responsibility or that of their hosting provider. Before major changes, girweb creates a backup where possible.

4.4 The customer reports faults without delay via the client portal or by email and names a point of contact.

5. Prices and payment

5.1 The prices listed on girweb.eu/abo at the time of order apply. All prices are in euros per month. Under § 19 of the German VAT Act (Kleinunternehmerregelung), no VAT is charged or shown.

5.2 Payment is due monthly in advance. For orders placed via the client portal, payment is made through the payment service provider Stripe (Stripe Payments Europe, Ltd., Dublin) by credit card, Apple Pay or Google Pay; the amount is automatically charged at the start of each billing month. Invoices are provided electronically. For orders placed via inquiry, payment is due by invoice within 14 days.

5.3 If a charge fails, payment is automatically retried. If the customer is more than 14 days in arrears with a payment, girweb may, after prior notice, suspend the services until the arrears are settled. The obligation to pay continues during the suspension. After 30 days in arrears, girweb may terminate the contract for cause.

5.4 girweb may adjust prices in text form with six weeks' notice to the end of the relevant minimum or renewal term. The price remains unchanged during a running minimum term. In this case, the customer may terminate the contract before the change takes effect; they will be informed of this in the notice.

6. Term and termination

6.1 Annual contract: The minimum term is 12 months from the start of the contract. After that, the contract continues for an indefinite period and can be terminated by either party at any time with one month's notice to the end of a month. Payment continues to be charged monthly during the minimum term as well.

6.2 Monthly contract: The contract runs for an indefinite period and can be terminated by either party at any time to the end of the current billing month.

6.3 Termination is possible in text form (email to kontakt@girweb.eu, ticket in the client portal) or – for payments via Stripe – through the payment portal in the client portal.

6.4 The right to terminate for good cause remains unaffected. Good cause exists for girweb in particular if the customer, despite a warning, materially breaches their obligations to cooperate, uses the website for unlawful content, or is more than 30 days in arrears with payment.

6.5 A change of plan is possible at any time. An upgrade to a higher plan takes effect immediately and is billed pro rata; a downgrade to a lower plan takes effect at the end of the current billing month or – for an annual contract – at the end of the minimum term. The minimum term continues unchanged upon a plan change.

6.6 Maintenance ends when the contract ends. On request, girweb hands over to the customer the work results created under the subscription (e.g. reports) and removes its own access. There is no further claim to services after that.

7. Rights of use

Upon full payment, the customer receives an unlimited (in time and territory) right to use, modify and edit the work results created under the subscription (adjustments, reports, configurations) for their own website. Third-party software (e.g. open-source components) is subject to its respective license terms.

8. Warranty and liability

8.1 girweb provides the services professionally and with the care of a diligent service provider. girweb remedies defects in individual work results within a reasonable period.

8.2 girweb is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.

8.3 For slightly negligent breach of a material contractual obligation (cardinal obligation), liability is limited to the typically foreseeable damage, but no more than the total fees paid over the last twelve months of the contract. Otherwise, liability for slight negligence is excluded.

8.4 For data loss, girweb is liable only up to the amount that would have been required to restore the data had the customer performed proper and regular data backups.

8.5 girweb is not liable for outages or damage caused by hosting, third-party services, actions of the customer or third parties, or security vulnerabilities that were not detectable according to the state of the art at the time of the last review.

9. Data protection, confidentiality

9.1 Both parties treat confidential information of the other party (in particular access credentials, business and security information) as confidential and do not disclose it to third parties. This obligation survives the end of the contract.

9.2 Where girweb has access, in the course of maintenance, to personal data that the customer processes on their website (e.g. customer data, form submissions), this constitutes processing on behalf of the controller under Art. 28 GDPR. At the customer's request, the parties will enter into a data processing agreement for this purpose, provided by girweb.

9.3 Information on the processing of the customer's own data (contract data, client portal, payment) can be found in the privacy policy.

10. Final provisions

10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Pirna, Germany. girweb may also sue the customer at their general place of jurisdiction.

10.3 girweb will notify the customer of changes to these terms in text form at least six weeks before they take effect. If the customer does not object before the change takes effect, the changes are deemed accepted; the customer will be informed of this in the notice. If the customer objects, the contract continues under the previous terms until the next possible termination date.

10.4 Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.

Last updated: 14 Sep 2026