Service Agreement – Operos
between
Noor Aldeen Wisam Kareem, operating under the business name Operos
Otto-Siffling-Straße 16
68305 Mannheim, Germany
Email: info@operos.de
– hereinafter the “Provider” –
and
Client: [first and last name or company]
Address: [street, house number, postcode, city, country]
Email: [email address]
– hereinafter the “Client” – (filled in automatically when the client enters their details)
the following service agreement is concluded.
§ 1 Subject of the Agreement
1. The Provider renders the services for the Client as agreed in the respective offer, service description or order.
2. The services may include in particular:
- Web hosting and server services
- Domains and DNS administration
- Email services and email mailboxes
- Cloud storage and file management
- Creation, setup and maintenance of websites
- Time tracking, appointment booking and web-based applications
- Technical support, updates and further agreed IT services
3. The specific scope of services, the price, the billing period and any technical particularities arise from the respective offer or the service description.
4. Services not expressly agreed are not part of the contract and may be offered and charged separately.
§ 2 Conclusion of Contract
1. A contract is concluded when the Client accepts an offer of the Provider or the Provider expressly confirms an order of the Client.
2. Acceptance may, to the extent legally permissible, be given in writing, by email or electronically.
3. Individual offers and expressly agreed additional conditions take precedence over general descriptions in this agreement.
4. On request, the Client receives a copy of the agreement and the agreed service description in text form.
§ 3 Prices and Payment
1. The prices agreed at the time of contracting in the offer or order apply.
2. Unless otherwise agreed, recurring services are billed monthly.
3. One-time services, setup fees, additional work and fees of external providers are charged separately provided they were agreed or commissioned by the Client.
4. Payment is due within the period stated on the invoice. If no payment period is stated, the statutory provisions apply.
5. The Provider applies the small business regulation pursuant to Section 19 of the German VAT Act (UStG) where its statutory requirements are met. In this case, no VAT is charged or shown.
6. Costs of third parties, for example for specific domains, licenses or additional services, may arise additionally if stated in the offer or commissioned by the Client.
7. In the event of payment default, the statutory provisions apply. The Provider may claim legally permissible default interest and necessary reminder costs.
8. A suspension of services due to payment default is only considered in compliance with statutory requirements, appropriate advance notice and proportionality.
9. The available payment methods are communicated to the Customer before conclusion of the contract or within the respective order or payment process. These may include, in particular, payments via Stripe, credit or debit card, SEPA direct debit and bank transfer, insofar as the respective payment method is offered for the service concerned. For recurring services, monthly payment may be agreed. Where an external payment service provider is used, payment processing is carried out in accordance with its terms; the Customer is informed of the relevant payment terms before payment.
§ 4 Term and Termination
1. Unless otherwise agreed in the offer, ongoing services are concluded for an indefinite period.
2. Ongoing services may be terminated by either party with one month’s notice to the end of a calendar month in text form. Statutory rights to extraordinary termination for good cause remain unaffected.
3. Termination in text form may, for example, be given by email. It should clearly identify the service affected.
4. Services already rendered and fees accrued until termination takes effect remain payable. Advance payments for periods after the end of the contract are refunded to the extent legally required or contractually agreed.
5. After the end of the contract, the Client may export or back up their data and content within the framework of the agreed services and applicable statutory requirements. The Client is responsible for taking over required data in good time before termination.
6. Individual domains, licenses or third-party services may be subject to their own termination and renewal conditions. The Client is informed of such conditions before contracting to the extent relevant to the booked service.
7. After termination of the contract, the provision of the affected services ends at the agreed termination date. The Customer is responsible for exporting its data in good time before the end of the contract or for arranging an agreed data transfer. An individual migration to systems of other providers, a technical re-setup or a manual data transfer is owed only if this was expressly agreed; a chargeable migration requires the prior consent of the Customer. After expiry of any agreed transition period, the affected customer data is deleted, unless statutory retention obligations prevent this. Statutory claims of the Customer to data access, data surrender or data portability remain unaffected.
§ 5 Obligations of the Provider
1. The Provider renders the agreed services with appropriate care and to the agreed extent.
2. The Provider may use suitable technical service providers and infrastructure partners to provide its services. Where required by law, the corresponding data protection agreements are concluded.
3. Maintenance, security updates and technical adjustments may be necessary. Where possible, planned work with significant effects on availability is announced in good time.
4. A specific availability, performance speed or uninterrupted use is owed only if expressly agreed.
5. The Provider informs the Client to an appropriate extent of significant outages, to the extent they are known and affect the agreed services.
§ 6 Obligations of the Client
1. The Client provides the information, content and access required for the provision of services in good time and completely.
2. The Client is responsible for the lawfulness of the content they provide or publish. They may not store, send or publish unlawful content or infringe third-party rights.
3. The Client keeps its access data confidential, protects its accounts appropriately and informs the Provider without delay of suspected unauthorized access.
4. The Client does not use the services for spam, malware, attacks on other systems or other unlawful purposes.
5. The Client informs the Provider of changes to their contact and billing details.
6. If the Client causes a disruption or damage by breaching these obligations, the statutory provisions apply. Necessary protective measures must be proportionate.
§ 7 Domains, Email and Third-Party Providers
1. For domain services, registration or administration may depend on the availability of the desired domain and the conditions of the respective registry. A claim to a specific domain exists only once it has been successfully registered and assigned to the Client.
2. The relevant conditions of external registries, software providers and other third-party providers apply to the extent validly incorporated.
3. The Provider cannot control third-party services without restriction and is liable for their independent services only within the framework of statutory provisions.
4. The Client is responsible for the secure administration of its email accounts and for checking messages and attachments. The Provider does not owe unrestricted delivery of every email or complete detection of all unwanted messages unless otherwise agreed.
§ 8 Websites, Applications and Software
1. For the setup or maintenance of websites and applications, the scope of services is governed by the respective offer.
2. Individual programming, major changes, additional functions and work outside the agreed scope require a separate agreement.
3. Open-source software and third-party components used are subject to their respective license terms. These remain unaffected.
4. To the extent the Client themselves administers content, user accounts or permissions, they are responsible for their correctness and proper administration.
5. Unless expressly agreed, the Provider does not owe specific business results, visitor numbers, revenues or search engine placements.
6. The handover of source code, access data, design files, documentation and other work results is governed by the respective offer or the individual agreement. The Customer receives only the rights that were expressly agreed or that arise from the purpose of the contract.
7. For websites that are provided, hosted or maintained against ongoing monthly remuneration, rights of use, ownership of work results, access to the website and any transfer to another provider are governed by the respective offer or contract. Unless otherwise agreed, pre-existing software, reusable program components, the Provideru2019s own tools, templates and general technical components remain subject to the Provideru2019s rights; content individually created for the Customer that the Customer itself provided remains unaffected. A complete transfer of the source code, a release of development files or a migration to another system is owed only if this was agreed.
8. Insofar as the agreed application contains automated functions or functions based on artificial intelligence, their scope of functions and area of use are governed by the respective offer. Automated outputs, suggestions and answers may be incomplete, erroneous or outdated and, unless expressly agreed otherwise, do not constitute binding legal, tax or other professional advice. The Customer remains responsible for the areas of use determined by it, the required control of automated results and the lawfulness of the processing of personal data initiated by it.
§ 9 Data Backup and Restoration
1. The Provider takes appropriate technical and organizational measures for data backup and for the protection of the systems used within the scope of the agreed services.
2. The scope, frequency, retention period and storage location of data backups as well as the possibilities for restoration arise from the respective offer or contract.
3. Unless a specific backup service was agreed, no specific backup rhythm, no fixed restoration time and no complete restoration of all data is assured.
4. The Customer should additionally back up particularly important data independently of the services provided by the Provider. This recommendation does not restrict expressly agreed backup services or statutory claims of the Customer.
5. In the event of data loss, the Provider examines the available restoration options within the scope of its contractual and statutory obligations and takes reasonable measures insofar as this is technically possible and reasonable.
6. Liability for data loss is governed by § 12 of this contract and the statutory provisions. A contractually agreed backup service is not excluded or unreasonably restricted by this.
§ 10 Data Protection and Data Processing
1. Both parties comply with the applicable data protection laws, in particular the General Data Protection Regulation (GDPR).
2. The Provider’s privacy policy informs about the processing of personal data in connection with its own business operations.
3. If the Provider processes personal data on behalf of the Client, the parties conclude, before this processing begins, a separate data processing agreement (DPA) pursuant to Art. 28 GDPR where required.
4. The Client remains responsible for the lawfulness of the data processing they initiate and for fulfilling their own information obligations.
5. Data protection details, technical and organizational measures and any sub-processors used may be specified in the DPA or in supplementary documents.
§ 11 Support and Faults
1. Support is provided to the extent of the booked or individually agreed service.
2. Unless fixed support hours or response times are agreed, there is no entitlement to a specific processing time or immediate resolution of every fault.
3. The Client reports faults where possible with a description of the problem and the required information, without unnecessarily transmitting passwords or other confidential access data.
4. Work outside the agreed support scope may be charged separately after prior agreement.
§ 12 Liability
1. The Provider is liable without limitation for intent and gross negligence, for damage to life, body or health and in all other cases in which a limitation of liability is legally excluded.
2. In the case of slightly negligent breach of essential contractual obligations, the Provider is liable for the foreseeable damage typical for the contract. Essential contractual obligations are those whose fulfillment enables the proper performance of the contract in the first place and on whose compliance the Client may regularly rely.
3. Otherwise, liability for slightly negligently caused damage is excluded to the extent legally permissible.
4. The statutory provisions on liability, in particular under mandatory consumer law, remain unaffected.
5. For data loss, the Provider is liable in accordance with the above liability provisions and the statutory provisions. Insofar as the Provider is obliged to back up data, the agreed scope of data backup, the actual restoration options and the respective areas of responsibility of the parties are taken into account in particular when assessing possible damage. The statutory liability claims of the Customer as well as liability for the breach of agreed backup obligations remain unaffected.
§ 13 Force Majeure and External Outages
1. Events outside a party’s reasonable sphere of influence that significantly impair performance may, for example, be natural disasters, war, official measures or large-scale outages of telecommunications or energy supply.
2. The affected party informs the other party to an appropriate extent, where possible, and endeavors to reasonably limit the effects.
3. Statutory rights of the parties, in particular termination and withdrawal rights, remain unaffected.
§ 14 Consumers and Right of Withdrawal
1. If the Client is a consumer within the meaning of the law, the mandatory statutory consumer protection provisions apply.
2. For contracts concluded by distance selling or outside business premises, a statutory right of withdrawal may exist.
3. Where a right of withdrawal exists, the consumer receives the required information and, where applicable, a separate withdrawal notice. Any request for a premature start of the service and the legally required declarations are obtained separately.
4. Termination under § 4 of this agreement does not replace the exercise of a statutory right of withdrawal.
§ 15 Changes to Services and Contract Terms
1. Changes to the agreed scope of services require an agreement between the parties, unless the law permits otherwise.
2. Changes to general contract terms do not occur merely because the Provider publishes a new version. Where the Client’s consent is required, it is obtained.
3. Mandatory statutory rights of both parties remain unaffected.
§ 16 Final Provisions
1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods, to the extent this choice of law is permissible. For consumers, mandatory consumer protection provisions of the state of their habitual residence remain unaffected.
2. A place of jurisdiction is agreed only within the framework of statutory provisions. For consumers, the statutory rules on jurisdiction apply.
3. Changes and additions to individual agreements should be documented in text form. Statutory formal requirements and individually agreed terms remain unaffected.
4. Should an individual provision of this agreement be or become invalid, the statutory provisions apply. The validity of the remaining provisions remains unaffected to the extent legally permissible.
5. The Provideru2019s General Terms and Conditions (AGB) in their current version apply in addition to this contract. In the event of any inconsistency, the provisions of this contract take precedence for the individually agreed services; otherwise the AGB govern.
§ 17 Electronic Signing
1. The parties may sign this agreement electronically, unless the law prescribes a stricter form.
2. An electronic signature or confirmation by email can document the conclusion of the contract. Whether it fulfills a legally prescribed form is governed by the respective applicable statutory provisions.
3. Both parties receive a copy of the signed agreement or an appropriate electronic confirmation.
Operos
Noor Aldeen Wisam Kareem
Otto-Siffling-Straße 16
68305 Mannheim, Germany
Email: info@operos.de · Phone: +49 160 8309306