General terms and conditions for maintenance contracts from Wartungshelden
1. Scope
These general terms and conditions apply to all contracts for maintenance, care, security, backup, update and support services for WordPress websites between Wartungshelden and the customer.
These terms apply to contracts concluded through wartungshelden.de, by email, telephone or other means.
Any differing general terms and conditions of the customer apply only if Wartungshelden has expressly agreed to their application in text form.
Individual agreements between the parties take precedence over these terms.
2. Subject matter of the contract
The contract concerns ongoing technical support and maintenance of WordPress websites within the scope booked or individually agreed.
Services may include in particular:
- WordPress core updates
- Plugin updates
- Theme updates
- Security checks
- Malware scans
- Creation of backups
- Monitoring
- Technical fault analysis
- Restoration measures
- Minor technical adjustments
- Support services
- Maintenance reports
The specific scope of services is determined by the relevant service description on wartungshelden.de, the selected package or an individual agreement.
Unless expressly agreed otherwise, Wartungshelden owes the professional provision of ongoing maintenance services, but does not owe a particular economic result or complete, permanent freedom from errors of the maintained website.
3. Conclusion of the contract
The presentation of services on wartungshelden.de does not constitute a binding offer.
A contract is concluded when
- The customer submits an order and Wartungshelden accepts it,
- The customer accepts an offer from Wartungshelden,
- Or Wartungshelden begins providing services with the customer’s consent.
Wartungshelden may reject enquiries or orders without stating reasons.
4. Provision of services
Wartungshelden provides the agreed services in the proper exercise of its discretion, within normal business processes and taking technical, organisational and security considerations into account.
Wartungshelden may use suitable third parties or subcontractors to provide services.
Unless expressly agreed, there is no entitlement to immediate processing, fixed response times or processing outside normal business hours.
Unless otherwise stipulated, agreed response times refer to the start of processing and not to complete resolution of a problem.
Wartungshelden may carry out technical measures, updates, security measures and restoration measures in the manner that appears professionally necessary for the website’s security, stability and functionality.
5. Installation of necessary plugins and technical tools
In performing the contract, Wartungshelden may install, configure, update, temporarily disable or remove plugins, tools and technical extensions on the customer’s website that are necessary or appropriate for carrying out the agreed maintenance services.
This applies in particular to plugins or tools for:
- Backups
- Security checks
- Malware scans
- Monitoring
- Update management
- Restoration
- Technical logging
- Maintenance and administration purposes
Wartungshelden decides, in the proper exercise of its discretion, which tools or plugins are suitable for carrying out maintenance.
The customer has no entitlement to the use of a particular plugin, manufacturer or system unless expressly agreed otherwise.
Wartungshelden may replace maintenance, security or backup plugins in use where this is necessary for technical, security or organisational reasons.
Any additional licensing or usage costs for particular plugins or third-party tools are charged separately to the customer only if agreed in advance or clearly stated in the service description.
After the maintenance contract ends, Wartungshelden may disable or remove plugins or tools installed solely for maintenance, provided this does not conflict with the customer’s legitimate interests.
6. Customer’s duties to cooperate
The customer provides Wartungshelden in good time with all information, access credentials and documents necessary to perform the contract.
These include in particular, where necessary:
- WordPress administrator access
- Hosting access
- Server or control panel access
- FTP/SFTP access
- Database access
- Information about installed plugins, themes and custom developments
The customer warrants that they are entitled to share these access credentials.
The customer permits the installation and operation of the technical components, plugins and tools necessary for contractual maintenance, monitoring, protection or restoration of the website.
If the customer fails to fulfil their duties to cooperate, or fulfils them late or incompletely, performance deadlines are extended appropriately. Wartungshelden is not liable for delays, additional work or damage caused thereby.
The customer remains responsible for the legal compliance of their content, in particular legal notices, data protection, use of cookies, advertising claims and other website content.
7. Remuneration and payment terms
Remuneration is determined by the booked maintenance package, individual offer or other agreement.
All prices are net amounts in euros, plus the applicable statutory VAT where legally chargeable.
Unless agreed otherwise, recurring charges are payable in advance for the relevant billing period.
Services not included in the booked maintenance package are charged separately.
Statutory provisions apply to late payment.
Following a prior reminder, Wartungshelden may suspend services to an appropriate extent in the event of late payment, insofar as legally permissible.
8. Payment processing through Stripe
Wartungshelden uses the payment service provider Stripe to process payments.
Payments may be processed through payment pages, payment forms or technical payment functions provided by Stripe.
For ongoing maintenance contracts, billing may take the form of recurring payments or a subscription through Stripe.
In the event of failed collections, returned direct debits, chargebacks or other payment disruptions for which the customer is responsible, Wartungshelden may pass on the necessary and reasonable costs incurred, insofar as legally permissible.
9. Term and termination
The maintenance contract is concluded for the term specified in the ordering process, offer or selected package.
Unless agreed otherwise, after the respective minimum term expires, the contract renews automatically for each further billing period unless terminated.
Ordinary termination of a maintenance contract concluded or managed through Stripe is effected through the online cancellation function provided for that purpose or through the Stripe Customer Portal.
Termination takes effect at the end of the current billing period.
Ordinary termination does not require written form or text form if carried out using the provided online cancellation function.
A pro rata refund for billing periods that have already begun is made only if expressly agreed or required by mandatory statutory provisions.
Both parties’ right to extraordinary termination for good cause remains unaffected.
10. Services not included in the contract
Unless expressly agreed, the maintenance contract does not include in particular:
- Complete creation of new websites
- Extensive design or layout adjustments
- Custom programming
- SEO services
- Legal advice
- Data protection advice
- Hosting services
- Domain administration
- Extensive migrations
- Extensive clean-up following hacking attacks outside the booked scope of services
Such services may be offered and charged separately.
11. Backups, restoration and third-party software
Where backup services form part of the booked package, Wartungshelden creates backups at the agreed intervals.
Wartungshelden does not guarantee that every backup is complete and error-free at all times or can be successfully restored in every individual case.
The customer remains obliged to maintain additional backups of their own for business-critical content and data.
Wartungshelden is not liable for disruptions, failures or security vulnerabilities outside Wartungshelden’s control, in particular those involving hosts, registrars, third-party plugins, themes, external APIs or other third-party software.
Despite careful checks, updates to WordPress, plugins or themes may cause incompatibilities or display errors. These risks cannot be completely eliminated technically.
12. Liability
Wartungshelden has unlimited liability for intent and gross negligence, for injury to life, body or health, and under mandatory statutory provisions.
In cases of ordinary negligence, Wartungshelden is liable only for breaches of essential contractual obligations. In such cases liability is limited to foreseeable damage typical of the contract.
In cases of ordinary negligence, liability is excluded, insofar as legally permissible, for lost profits, indirect damage, consequential damage, reputational damage and data loss that could have been avoided through proper backups.
These limitations of liability also benefit Wartungshelden’s legal representatives, employees and vicarious agents.
13. Set-off and right of retention
The customer may set off only undisputed claims or claims established by a final court judgment.
The customer has a right of retention only for claims arising from the same contractual relationship.
14. Data protection and confidentiality
Wartungshelden processes personal data only in accordance with applicable data protection laws.
Where required, the parties conclude a data processing agreement.
Both parties undertake not to disclose the other party’s confidential information to third parties without authorisation.
Details on data processing are set out in Wartungshelden’s privacy policy.
15. Consumer notice
If the customer is a consumer and the contract is concluded exclusively by distance selling, a statutory right of withdrawal may exist.
In this case, the customer receives separate information on the right of withdrawal before the contract is concluded.
16. Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as no mandatory consumer protection provisions conflict with this.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Wartungshelden’s registered place of business.
Should individual provisions of these terms be or become wholly or partly invalid, the validity of the remaining provisions remains unaffected.