General terms and conditions

Last updated: 17 September 2026. These terms replace all previous versions.

§ 1 Scope and definitions

(1) These General Terms and Conditions apply to all contracts between INFONET Computer GmbH, Robert-Perthel-Straße 72, 50739 Köln (hereinafter “INFONET”) and its customers for the supply of goods, the provision of services and work, and the provision of software.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession (§ 13 BGB, German Civil Code). A business is a natural or legal person or a partnership with legal capacity that, when entering into the legal transaction, acts in the exercise of its trade, business or self-employed profession (§ 14 BGB).

(3) Certain provisions of these terms apply expressly only to consumers or only to businesses. This is indicated in each case. All other provisions apply to both groups.

(4) Businesses only: Deviating, conflicting or supplementary terms and conditions of the customer do not become part of the contract unless INFONET expressly agrees to their validity in text form. This also applies if INFONET performs without reservation while aware of such terms.

(5) Individual agreements between INFONET and the customer always take precedence over these terms (§ 305b BGB). The content of such agreements is determined by a contract in text form or by INFONET’s confirmation in text form.

(6) Where these terms require text form, an email is sufficient. No stricter form requirement is agreed.

§ 2 Conclusion of contract

(1) INFONET’s quotations are non-binding unless they are expressly designated as binding. Descriptions of services on the website do not constitute a binding offer.

(2) The contract is concluded by INFONET’s order confirmation in text form, by invoicing or by performance of the service.

(3) Typing, printing and calculation errors in quotations and order confirmations entitle INFONET to rescind in accordance with the statutory provisions. There is no entitlement to performance at the incorrect price.

(4) Dates and prices given for services are non-binding unless they are expressly designated as a fixed or flat-rate price or as a binding date. If a cost estimate is evidently going to be exceeded significantly, INFONET will inform the customer without delay.

§ 3 Prices, payment and default

(1) All prices are exclusive of statutory VAT. Prices for consumers are stated inclusive of VAT.

(2) Costs for packaging, shipping, travel and installation are shown separately where they arise.

(3) Unless otherwise agreed, invoices are payable without deduction within 14 days of receipt. Invoices to businesses are sent as electronic invoices in ZUGFeRD or XRechnung format.

(4) If the customer defaults on payment, default interest is payable. It amounts to five percentage points above the base interest rate for consumers and nine percentage points above the base interest rate for businesses. For businesses, a flat fee of €40 under § 288(5) BGB is added. The right to claim further damages for default remains unaffected.

(5) The customer may only set off claims that are undisputed or have been finally established by a court. The customer may only exercise a right of retention insofar as it is based on the same contractual relationship. For consumers, this restriction does not apply to claims for defects in the same service.

(6) If the customer is more than 30 days in default with a payment that is due, INFONET may make further services conditional on advance payment or the provision of security. Under ongoing managed services contracts, INFONET is only entitled to suspend services after announcing this in text form and setting a period of ten working days. Security-relevant services will continue even then where acute damage is imminent.

§ 4 Performance time, partial performance, force majeure

(1) Partial deliveries and partial services are permitted insofar as they are reasonable for the customer.

(2) If INFONET is prevented from performing by force majeure, the performance period is extended by the duration of the impediment. Force majeure includes in particular natural events, industrial action, official orders, power or network outages, supply shortages at upstream suppliers and large-scale telecommunications disruptions, in each case provided they are unforeseeable and not attributable to INFONET.

(3) INFONET will inform the customer without delay of the occurrence and expected duration of the impediment. If it lasts longer than two months, either party may withdraw from the part of the contract not yet performed. In this case there are no further claims on account of the delay; § 15 remains unaffected.

§ 5 Delivery, shipping and transfer of risk

(1) For businesses, the risk of accidental loss and accidental deterioration passes to the customer as soon as the goods have been handed over to the person carrying out the transport (§ 447 BGB).

(2) For consumers, the risk only passes when the goods are handed over to the customer. This also applies to sales involving shipment (§ 475(2) BGB).

(3) Consignments from the customer to INFONET travel at the sender’s risk if the customer is a business.

(4) Transport damage must be reported to the carrier without delay. INFONET also asks to be notified so that it can preserve its own claims against the carrier. Consumers suffer no disadvantage if they do not notify INFONET.

§ 6 Retention of title

(1) Goods delivered remain the property of INFONET until paid for in full.

(2) For businesses only, the following also applies: the goods remain the property of INFONET until all claims arising from the ongoing business relationship have been settled. The customer may resell the goods in the ordinary course of business; the customer hereby assigns to INFONET the resulting claims in the amount of the invoice value. INFONET accepts the assignment. The customer remains authorised to collect the claims as long as it meets its payment obligations.

(3) Pledging goods subject to retention of title or transferring them by way of security is not permitted. In the event of seizure or other interference by third parties, the customer will inform INFONET without delay and send the documents required to lodge an objection.

(4) If the value of the securities exceeds the secured claims by more than 10 per cent, INFONET will release securities of its choice at the customer’s request.

§ 7 Customer’s obligations to cooperate

(1) The customer provides the prerequisites needed to perform the services: access to premises and systems, the required login credentials, contact persons, power supply and network connection.

(2) The customer names a contact person who can make decisions or obtain them at short notice.

(3) Delays resulting from a failure to cooperate are not INFONET’s responsibility. If additional costs arise as a result, INFONET may charge them separately after giving notice.

(4) The customer ensures that it holds the necessary rights to the software used and that work on its systems is permissible on its side.

§ 8 Data backup

(1) The customer is responsible for backing up its own data. Before work on systems, storage media or software, the customer must create a complete, verified backup of its data, unless this is expressly part of the commissioned service.

(2) Before any work in which data loss cannot be ruled out, INFONET will point out this obligation.

(3) If INFONET is responsible for a loss of data, its liability is limited to the effort required to restore the data from a properly created backup. If the customer failed to make a backup contrary to paragraph 1 or made it incorrectly, INFONET is only liable for the effort that would have been incurred had the backup been made properly. § 15 remains unaffected.

§ 9 Liability for defects in purchased goods

(1) The statutory provisions apply unless otherwise provided below.

(2) For businesses, the following applies: the customer must inspect the goods without delay after delivery and notify INFONET of any apparent defects without delay in text form. Hidden defects must be notified without delay after discovery. If no notification is given, the goods are deemed approved (§ 377 HGB, German Commercial Code).

(3) For businesses, the limitation period for claims for defects in new goods is twelve months from delivery. This does not apply to claims based on fraudulent intent, claims for damages arising from injury to life, body or health, claims based on intent or gross negligence, or claims under the German Product Liability Act; the statutory periods apply to these.

(4) For consumers, the statutory limitation period of two years from delivery applies. For used goods, a period of one year may be agreed; this requires an express and separate agreement (§ 476(2) BGB).

(5) Subsequent performance is provided, at INFONET’s option, by repair or replacement. For consumers, the customer has the choice. If subsequent performance fails, the customer may reduce the price or withdraw from the contract in accordance with the statutory provisions, and claim damages under § 15.

(6) Goods complained about are to be returned after consultation. INFONET bears the costs of a justified complaint. The original packaging is helpful but not a prerequisite for claims for defects.

(7) Liability for defects does not cover damage caused by normal wear and tear, improper handling, interference by third parties, unsuitable operating conditions, or wearing parts such as rechargeable batteries.

§ 10 Services and work

(1) Where INFONET provides services aimed at a specific result – such as installing a defined environment or producing an analysis – the law on contracts for work (Werkvertrag) applies. Ongoing support, consulting and troubleshooting are services; no specific result is owed in that respect.

(2) For work performed under a contract for work, the customer accepts the result on completion. Acceptance may be given in text form. If the customer puts the result into use without reporting material defects within two weeks, the work is deemed accepted; the customer will be informed separately of this effect on completion.

(3) Services billed by time and effort are charged at the agreed hourly rates. Travel time and travel costs are shown separately.

§ 11 Managed services and maintenance contracts

(1) Managed services contracts are concluded for an indefinite period unless otherwise agreed. Either party may terminate them with three months’ notice to the end of a month.

(2) Within the first four weeks after the start of the contract, the customer may terminate it with immediate effect without giving reasons.

(3) The right of either party to extraordinary termination for good cause remains unaffected.

(4) Unless expressly agreed otherwise, agreed response times refer to INFONET’s business hours (Monday to Friday, 9 am to 6 pm, excluding public holidays in North Rhine-Westphalia). A response time is the time until work on the issue begins, not until it is resolved.

(5) The managed services contract does not cover services that become necessary due to interference by third parties, changes to the environment not agreed with INFONET, or breaches of § 7. Such services are charged by time and effort.

(6) When the contract ends, INFONET hands over to the customer the documentation of its environment and the login credentials held by INFONET in usable form. No separate fee is charged for this.

§ 12 Remote support

(1) Remote support is only provided with the customer’s consent and via the software specified by INFONET. The customer can end the connection at any time.

(2) During remote support, the customer ensures that no data is visible on screen that may not be disclosed to third parties, unless this is necessary for the service.

(3) Sessions may be logged for evidence purposes. The customer will be informed of this before the session begins.

§ 13 Software and rights of use

(1) Third-party software. Software that INFONET provides as a reseller is primarily subject to the licence terms of the respective manufacturer. INFONET will provide these terms or indicate where they can be found.

(2) INFONET standard software. For INFONET’s own standard software – in particular Remaxia, Casenda, SubBaseApp and Gastella – the customer receives a non-exclusive right of use, limited to the term of the contract, to the agreed extent. Passing on, renting out and sublicensing require consent in text form.

(3) Custom software. Where software is developed on the customer’s behalf, the customer receives a simple (non-exclusive) right of use, unlimited in time and territory, for the purposes provided for in the contract. The scope of the rights granted – in particular whether exclusive rights are transferred and whether the source code is handed over – is governed by the individual contract. Unless otherwise agreed, the rights to pre-existing components, libraries and tools remain with INFONET; the customer receives a right to use them to the extent required for operation.

(4) Source code escrow. At the customer’s request, deposit of the source code with an escrow agent may be agreed. The customer bears the costs.

(5) Free and open-source components. INFONET software may contain components licensed under free licences. Their terms take precedence over the provisions of this section. INFONET will name the components used on request.

(6) The customer’s statutory rights under §§ 69d and 69e UrhG (German Copyright Act) – in particular to correct errors, make a backup copy and establish interoperability – remain unaffected.

§ 14 Software as a service

(1) Where software is made available for use over the internet, INFONET owes provision of the current version and the ability to access it over a standard internet connection.

(2) Availability is 98 per cent on a monthly average, measured at the data centre’s handover point. Announced maintenance windows and disruptions for which INFONET is not responsible, in particular disruptions to the customer’s internet connection, do not count as downtime.

(3) Maintenance windows are announced at least five working days in advance and, where possible, are scheduled outside business hours.

(4) The customer’s data remains its property. During the term of the contract and for up to two months after it ends, INFONET gives the customer the opportunity to export its data in a common, machine-readable format. After this period the data is deleted unless a statutory retention obligation prevents this.

(5) The place of operation is specified in the individual contract. Unless otherwise agreed, operation takes place in Germany.

§ 15 Liability

(1) INFONET has unlimited liability

• for intent and gross negligence,
• for damage arising from injury to life, body or health,
• under the provisions of the German Product Liability Act,
• to the extent of any guarantee given by INFONET.

(2) In cases of simple negligence, INFONET is only liable for breach of a material contractual obligation. A material obligation is one whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In this case liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded.

(3) Otherwise, liability is excluded.

(4) The above limitations also apply in favour of INFONET’s legal representatives and vicarious agents.

(5) The above provisions do not change the burden of proof to the customer’s detriment.

§ 16 Data protection and data processing on behalf

(1) INFONET processes personal data in accordance with the applicable regulations. Details of processing on this website can be found in the privacy policy.

(2) If, in the course of providing its services, INFONET gains access to personal data for which the customer is the controller, the parties will conclude a data processing agreement (DPA) under Article 28 GDPR before processing begins. INFONET provides a draft agreement for this.

(3) The use of further processors – such as data centre operators – is governed by this agreement. The customer will be informed in good time of any intended changes and may object.

(4) Processing outside the European Union and the European Economic Area only takes place if this is expressly provided for in the data processing agreement and safeguarded in accordance with Chapter V GDPR.

§ 17 Confidentiality

(1) Both parties treat all confidential information of the other party that becomes known to them in the course of their cooperation as confidential and use it only for the purposes of the contract.

(2) This does not apply to information that is publicly known, has been lawfully obtained from third parties or must be disclosed due to a legal obligation.

(3) The obligation continues for three years after the contract ends.

(4) INFONET may only name the customer as a reference with the customer’s consent in text form.

§ 18 Right of withdrawal for consumers

The following provisions apply only to consumers who conclude a contract by means of distance communication or outside business premises.

Information on the right of withdrawal

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party other than the carrier indicated by you, acquire physical possession of the goods. For a contract for services, the period is fourteen days from the day the contract is concluded.

To exercise the right of withdrawal, you must inform us

INFONET Computer GmbH

Robert-Perthel-Straße 72, 50739 Köln

Phone

+49 221 984300-0

Email

[email protected]

of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Expiry and exclusion of the right of withdrawal

There is no right of withdrawal for contracts for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive, or that are clearly tailored to the personal needs of the consumer (§ 312g(2) no. 1 BGB). This applies in particular to custom-developed software and computers configured to the customer’s specifications.

The right of withdrawal also expires for contracts for the supply of digital content not supplied on a tangible medium if INFONET has begun performance of the contract after the consumer has expressly consented to performance beginning before the end of the withdrawal period and has acknowledged that by giving this consent they lose their right of withdrawal (§ 356(5) BGB).

For services, the right of withdrawal expires when the service has been fully performed and INFONET only began performance after the consumer gave express consent and at the same time acknowledged that they would lose their right of withdrawal once the contract has been fully performed.

Model withdrawal form

If you wish to withdraw from the contract, please complete and return this form.

To INFONET Computer GmbH, Robert-Perthel-Straße 72, 50739 Köln, email: [email protected]

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*)

Ordered on (*) / received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate.

§ 19 Dispute resolution

INFONET is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

§ 20 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state in which they have their habitual residence.

(2) For businesses, legal entities under public law and special funds under public law only, the exclusive place of jurisdiction for all disputes arising from the business relationship is Cologne. INFONET remains entitled to bring an action at the customer’s general place of jurisdiction as well.

(3) The assignment of the customer’s claims against INFONET requires consent in text form. § 354a HGB remains unaffected. INFONET is entitled to assign its own claims.

(4) For ongoing continuing obligations, changes to these terms will be communicated to the customer in text form at least six weeks before they are due to take effect. If the customer does not object within six weeks of receipt, the changes are deemed accepted. The customer will be specifically informed of this effect in the notification. If the customer objects, either party may terminate the contract as of the date the changes take effect.

(5) Should any provision of these terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provisions.