General Terms and Conditions (GTC)
Operos
As of: October 2026
1. Scope and Provider
1.1. These General Terms and Conditions (hereinafter “GTC”) apply to all contracts between Noor Aldeen Wisam Kareem, operating under the business name “Operos” (hereinafter the “Provider”), and its customers (hereinafter the “Customer”).
1.2. The GTC apply to all services offered, in particular:
- Web hosting and server hosting
- Registration, administration and renewal of domains
- Email services and business email addresses
- Cloud storage and file management
- Creation, design, care and maintenance of websites
- Provision and operation of web-based software
- Time tracking, appointment booking and administration software
- Setup and support of customer applications
- Technical support and other IT services
1.3. The specific service, scope, price and any special conditions are set out in the respective offer, service description or individual agreement between Provider and Customer.
1.4. Deviating terms of the Customer become part of the contract only if the Provider has expressly agreed to their validity.
1.5. Individual agreements between Provider and Customer take precedence over these GTC to the extent they were validly agreed.
1.6. These GTC apply to both consumers and entrepreneurs to the extent the respective provision is legally permissible for the relevant customer group. Mandatory statutory consumer protection provisions remain unaffected.
2. Conclusion of Contract
2.1. The presentation of services, prices and packages on a website, in a price list or in other advertising material is generally not a binding contract offer unless expressly stated otherwise.
2.2. The Customer may submit a request via the contact channels provided by the Provider, for example by email or via a contact form.
2.3. A contract is concluded when the Provider expressly accepts the Customer’s offer in text form, for example by email, or begins the agreed service with the Customer’s consent.
2.4. Before concluding the contract, the Provider may request additional information where necessary for the provision of the service, billing or legally required checks.
2.5. The Customer is obliged to provide complete and correct information when concluding the contract and to notify changes to their contact details without delay.
2.6. Agreements on additional services, extensions or individual adjustments may be made separately in text form.
3. Scope of Services
3.1. The Provider provides the services agreed in the respective contract. Additional services not expressly agreed are not part of the contract.
3.2. For technical services, provision may include the setup, configuration, provision, updating, monitoring and maintenance of software or server infrastructure to the extent agreed.
3.3. The Provider is entitled to adjust technical components, software versions and infrastructure provided this does not impermissibly impair the essential functions agreed in the contract.
3.4. To provide the services, the Provider may use third parties, data centers, domain registrars, software providers and other service providers. Applicable data protection rules and any agreed requirements regarding the location of performance are taken into account.
3.5. Third-party services are additionally subject to their respective terms of use to the extent these are validly incorporated into the contractual relationship or directly apply to the relevant service.
3.6. The Provider does not owe any specific economic development, visitor numbers, search engine placement, revenue increase or other business success unless expressly and validly agreed.
4. Hosting, Servers and Technical Availability
4.1. The Provider makes the agreed hosting and server services available to the Customer to the agreed extent.
4.2. The Provider endeavors to operate its technical infrastructure securely and reliably. However, uninterrupted availability cannot be guaranteed unless an express availability agreement has been made. The services are provided on a best-effort basis. A specific level of availability (SLA) or guaranteed uptime is not owed. The customer acknowledges that this is a budget-oriented offering without an SLA.
4.3. Temporary interruptions may arise in particular from maintenance, software updates, security measures, technical faults, network problems, third-party outages or events of force majeure.
4.4. Planned maintenance will be announced in advance where possible and reasonable. Urgent security measures may be carried out without prior notice if necessary.
4.5. The Provider is entitled to temporarily restrict access to individual services where necessary to avert concrete security risks, remedy technical faults or comply with legal obligations.
4.6. The Customer may not use the provided servers and services for unlawful purposes or in a manner that jeopardizes the stability, security or availability of the infrastructure.
4.7. Exceeding agreed storage, traffic, performance or usage limits may, where contractually provided, lead to restricted use or additional costs. Such costs must be agreed transparently before being charged.
5. Domains and Email Services
5.1. For the registration, transfer and administration of domains, the actual availability of the desired domain is decisive. A claim to registration of a specific domain exists only once the registration has been successfully confirmed by the competent registry or registrar.
5.2. Domains may be subject to special registration conditions, allocation policies, renewal periods and cancellation rules of the competent registries.
5.3. The Customer is responsible for ensuring that the desired domain does not infringe third-party rights and that the applicable registration conditions are complied with.
5.4. The Customer ensures that the contact data required for domain administration is current and correct and that required confirmations are made in time.
5.5. Email services may not be used to send unlawful messages, unauthorized mass advertising, harmful files or other abusive content.
5.6. Where there is reasonable suspicion of abuse, spam, a security risk or a violation of legal requirements, the Provider may take appropriate protective measures. Where possible, the Customer will be informed in advance. In urgent cases, immediate action may be necessary.
5.7. The availability of domains, email delivery and external mail servers partly depends on third parties and technical factors beyond the Provider’s immediate control.
5.8. After the end of the contract, domain transfers, renewals or additional administrative services may be required. Any costs will be communicated to the Customer in advance unless already contractually agreed.
6. Websites, Software and Individual Customizations
6.1. For the creation or customization of a website, the scope, design, functions, delivery deadlines and any revision rounds are governed by the individual offer.
6.2. The Customer provides all texts, images, logos, access data and other materials required for implementation in good time and in a suitable form.
6.3. The Customer warrants that they are entitled to use and publish the materials provided and that they do not infringe third-party rights.
6.4. Additional functions, subsequent change requests or services outside the agreed scope may be charged separately if the Customer has previously agreed to the additional services and associated costs.
6.5. Rights of Use and Handover of Work Results
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.
6.6. Websites with Monthly Remuneration
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 Provider’s own tools, templates and general technical components remain subject to the Provider’s rights. Content individually created for the Customer that the Customer itself provided remains unaffected by these rights.
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. Any additional costs must be agreed with the Customer before being incurred.
Rights of use already effectively granted and mandatory statutory rights of the Customer remain unaffected.
6.7. Open-source software or third-party software used is subject to their respective license terms. The Provider cannot transfer rights it does not itself hold.
6.8. The Provider assumes no responsibility for changes made independently by the Customer, unapproved extensions or technical interventions by third parties, to the extent this causes disruptions the Provider is not responsible for.
7. Cloud Storage and Customer Data
7.1. For cloud and storage services, the Customer is given the ability to store, manage and retrieve data to the agreed extent.
7.2. The Customer is responsible for the lawfulness of their stored content and for compliance with applicable data protection, copyright and other statutory provisions.
7.3. It is prohibited to store unlawful content, distribute malware or infringe the rights of others via the services.
7.4. The Customer should additionally back up important data independently. Unless an expressly agreed backup service exists, the Provider is not obliged to guarantee specific recovery points or a complete recovery of all data.
7.5. Agreed backup services are governed by the respective contract, in particular regarding backup intervals, retention period, storage locations and recovery options.
7.6. The Provider treats customer data confidentially and processes personal data in accordance with applicable data protection rules.
7.7. End of Contract, Data Access and Deletion
After termination of the contract, the provision of the affected services ends at the agreed termination date, unless a deviating agreement or statutory obligation exists.
The Customer is responsible for exporting its data in good time before the end of the contract or for arranging an agreed data transfer. Insofar as a data export is technically available and contractually provided for, the Provider makes this available to the agreed extent.
After expiry of any agreed transition period, the affected customer data is deleted, unless statutory retention obligations, legal grounds for further storage or other statutory obstacles prevent this. Data in backup copies may persist until the end of the agreed backup and deletion cycle. During this time they are appropriately protected and are not retained longer than necessary.
Statutory claims of the Customer to data access, data surrender or data portability remain unaffected.
7.8. Data Export and Migration
An individual migration to systems of other providers, a technical re-setup or a manual data transfer is owed only if this was contractually agreed or arises from mandatory statutory provisions.
Before a chargeable additional service, the Provider informs the Customer about the scope and the agreed costs. A chargeable migration requires the prior consent of the Customer.
8. Time Tracking, Appointment Booking and Web-based Applications
8.1. The Provider may provide web-based applications for time tracking, appointment booking, customer management and comparable operational processes.
8.2. The Customer is responsible for the proper setup and use of these applications and for the data they enter.
8.3. The Customer must in particular ensure that use of the applications is compatible with the labor law, data protection and other legal requirements applicable to them.
8.4. Where employee, customer or appointment data is processed, the Customer is responsible for the lawfulness of the processing and any required information, legal bases and consents.
8.5. The Provider does not provide legal advice and does not guarantee that an application provided fulfills all industry-specific or operational requirements of the Customer without further review.
8.6. Functions, interfaces, export options and integrations depend on the respective product and the agreed configuration.
8.7. Automated Functions and AI Applications
Insofar as the agreed application contains automated functions or functions based on artificial intelligence, their specific scope of functions and area of use are governed by the respective offer.
Automated outputs, suggestions and answers may be incomplete, erroneous or outdated. Unless expressly agreed otherwise, they do not constitute binding legal, tax or other professional advice and do not replace any required human review.
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. The Provider’s own statutory obligations remain unaffected.
Special requirements for the use of AI, in particular with regard to personal data, transparency and human control, are governed by the applicable statutory provisions and the agreed service.
9. Customer Obligations and Access Security
9.1. The Customer undertakes to use the services exclusively within the framework of applicable law and the contractual agreements.
9.2. Access data, passwords, API keys and other confidential access information must be adequately protected against access by unauthorized persons.
9.3. The Customer must inform the Provider without delay upon becoming aware of unauthorized access, a security incident or possible misuse of their access data.
9.4. The Customer may not exploit security vulnerabilities, attempt unauthorized access or circumvent technical protection measures.
9.5. The Customer is obliged to cooperate reasonably in fault analysis and troubleshooting and to provide the required information.
9.6. The Customer may not use the services in a manner that impairs other customers, excessively burdens the infrastructure or leads to security risks.
9.7. Where there are concrete indications of unlawful use, the Provider may take appropriate measures. Statutory requirements and the legitimate interests of the Customer must be taken into account.
10. Prices, Invoices and VAT
10.1. The prices agreed at the time of contract conclusion apply.
10.2. Where a monthly price is agreed, the service is billed monthly. One-time setup, development, migration or additional costs are shown separately.
10.3. 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.
10.4. Agreed prices include all expressly described services. Non-agreed additional services, chargeable third-party services or extensions commissioned by the Customer are charged only if a valid price agreement exists.
10.5. Invoices are generally transmitted in text form, in particular by email, unless otherwise agreed.
10.6. Invoices are to be paid within the payment period stated on the respective invoice. If no special payment period is stated, the statutory provisions apply.
10.7. Payment Methods and Payment Processing
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. The billing period, the time of charging and any required payment authorizations arise from the respective offer and the payment process.
Where an external payment service provider is used, payment processing is carried out in accordance with the applicable terms of the payment service provider. The Customer is informed of the relevant payment terms before payment.
The statutory rights of the Customer and the statutory obligations of the Provider with regard to invoicing, refunds and payment processing remain unaffected.
10.8. Where a valid SEPA direct debit mandate exists, the Customer ensures sufficient account balance. Return debit costs attributable to the Customer may be charged to the extent legally permissible.
10.9. The Customer may set off only undisputed or legally established claims, to the extent legally permissible. Statutory rights of the Customer, in particular in the case of defects and counterclaims from the same contractual relationship, remain unaffected.
11. Payment Default
11.1. If the Customer is in default of a due payment, the statutory provisions on payment default apply.
11.2. The Provider is entitled to claim legally permissible default interest and necessary costs of a justified reminder.
11.3. In the event of continued payment default, the Provider may temporarily restrict or block services after a prior reminder and in compliance with statutory requirements.
11.4. Blocking occurs only to the extent necessary. Mandatory statutory rights of the Customer remain unaffected.
11.5. After full settlement of the outstanding claims, blocking is lifted within a reasonable time unless other lawful grounds for its continuation exist.
11.6. Termination due to payment default is governed by the statutory provisions and the validly agreed contractual conditions.
12. Contract Term and Termination
12.1. Unless otherwise agreed, ongoing services are concluded for an indefinite period and are cancelable monthly.
12.2. Termination of Ongoing Services
Unless a deviating, legally effective contract term was agreed, ongoing services may be terminated by either party with one month’s notice. Termination may be given in text form, for example by email.
Statutory rights of termination, in particular the right to extraordinary termination for good cause, remain unaffected. Mandatory statutory termination rights of consumers are not restricted by this provision.
12.3. Termination may be declared, for example, by email. A handwritten signature is not required unless the law requires a stricter form.
12.4. The right to extraordinary termination for good cause remains unaffected.
12.5. Good cause may exist in particular if a party materially breaches its essential contractual obligations and does not remedy the breach despite a reasonable deadline being set, to the extent a deadline is legally required.
12.6. After the end of the contract, the agreed services are discontinued. The Customer is responsible for arranging necessary data exports, domain transfers and other transitional measures in good time.
12.7. Payment claims already accrued remain unaffected by termination. Advance payments are handled in accordance with the contractual agreement and statutory provisions.
13. Maintenance, Support and Fault Reports
13.1. Support services are provided to the extent of the respective contract.
13.2. Unless separate support times are agreed, there is no entitlement to a specific response time or immediate remedy of a fault.
13.3. The Customer reports faults, where possible, with a description of the problem, the time it occurred and the information required for fault analysis.
13.4. Resolution of problems caused by improper use, unauthorized changes or faulty data provided by the Customer may be charged as a separate service if the Customer has previously agreed to the costs.
13.5. Necessary security and maintenance measures may be carried out even if this causes temporary restrictions.
13.6. Statutory rights for defects and agreed service levels remain unaffected.
14. Data Backup and Restoration
14.1. 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.
14.2. 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.
14.3. Unless a specific backup service was agreed, no specific backup rhythm, no fixed restoration time and no complete restoration of all data is assured.
14.4. 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.
14.5. 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.
14.6. Liability for data loss is governed by Clause 16 of these GTC and the statutory provisions. A contractually agreed backup service is not excluded or unreasonably restricted by this provision.
15. Data Protection and Data Processing
15.1. The Provider processes personal data in accordance with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act and other applicable data protection provisions.
15.2. Further information on the processing of personal data is set out in the Provider’s privacy policy.
15.3. Where the Provider processes personal data on behalf of the Customer and the statutory requirements are met, the parties conclude a data processing agreement pursuant to Art. 28 GDPR before the relevant processing begins.
15.4. The Customer is responsible for transmitting personal data to the Provider lawfully and for the necessary legal bases for its processing.
15.5. Both parties undertake to comply with the data protection obligations applicable to them respectively.
15.6. The Provider uses technical and organizational measures that are appropriate taking into account statutory requirements, the risk and the nature of the processing.
15.7. The use of sub-processors in data processing is governed by the data processing agreement and statutory requirements.
16. Liability
16.1. The Provider is liable without limitation for intent and gross negligence and for culpably caused damage to life, body or health.
16.2. Liability under the Product Liability Act and based on expressly assumed guarantees remains unaffected.
16.3. In the case of slightly negligent breach of essential contractual obligations, the Provider is liable for the foreseeable damage typical for the contract at the time of conclusion. Essential contractual obligations are those whose fulfillment enables the proper performance of the contract in the first place and on whose compliance the Customer may regularly rely.
16.4. Otherwise, liability for slightly negligently caused damage is excluded to the extent legally permissible.
16.5. The above limitations of liability also apply in favor of the Provider’s legal representatives and vicarious agents to the extent legally permissible.
16.6. The Provider is not liable for disruptions caused exclusively by third-party systems or services which it cannot prevent or remedy even when exercising the required care. Statutory liability claims remain unaffected.
16.7. Liability for Data Loss
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.
17. Force Majeure
17.1. Force majeure events are events outside a party’s reasonable sphere of influence which cannot be prevented despite appropriate care.
17.2. These may include in particular natural disasters, war, official measures, large-scale power outages, significant disruptions of public communication networks or comparable events.
17.3. The affected party informs the other party, where possible, of the effects of the event and endeavors to take appropriate measures to limit the consequences.
17.4. Statutory rights, in particular termination and withdrawal rights and rights in the event of permanent impossibility of performance, remain unaffected.
18. Changes to Services and Prices
18.1. Changes to the scope of services or prices require a valid agreement unless something else is expressly permitted by law or contract.
18.2. The Provider may make technical adjustments where these are necessary for security reasons, due to statutory requirements or because of necessary changes to the underlying infrastructure. Agreed essential service features must be observed.
18.3. Price changes for ongoing contracts are communicated to the Customer in good time and apply only on a valid contractual or statutory basis.
18.4. To the extent the Customer is entitled to a statutory or contractually agreed right of termination due to a price or service change, this is not restricted.
19. Third-Party Rights and Content
19.1. The Customer is responsible for the content they provide or publish, unless statutory provisions provide otherwise.
19.2. The Customer ensures that the content does not infringe third-party rights and does not contain unlawful information.
19.3. Where there are concrete indications of a legal infringement, the Provider may review the affected content and, to the extent legally permissible or required, take appropriate measures.
19.4. Where possible and reasonable, the Customer is given the opportunity to respond or to remedy a complained-of infringement. Measures required by law or necessary in acute danger remain unaffected.
19.5. The Customer does not indemnify the Provider comprehensively from all third-party claims. A statutory obligation of the Customer to compensate exists only if its requirements are met, in particular if the Customer is responsible for the relevant infringement.
20. Consumer Rights and Withdrawal
20.1. If the Customer is a consumer and the contract is concluded by distance selling or outside business premises, statutory consumer rights apply.
20.2. To the extent a statutory right of withdrawal exists, the Customer is informed of the applicable withdrawal conditions before the contract is concluded.
20.3. Any commencement of the service during a withdrawal period is governed by statutory requirements. Mere consent of the Customer does not automatically cause a right of withdrawal to lapse.
20.4. For digital content and digital services, the respectively applicable statutory provisions apply.
20.5. The Customer’s statutory warranty rights remain unaffected.
21. Confidentiality
21.1. Both parties treat confidential information of the other party which becomes known to them in the course of contract performance as confidential.
21.2. This obligation does not apply to information that is publicly known, was lawfully obtained from third parties or must be disclosed due to statutory obligations.
21.3. Statutory information, disclosure and reporting obligations remain unaffected.
22. Final Provisions
22.1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, to the extent its exclusion is legally permissible. Towards consumers, this choice of law applies only to the extent that mandatory consumer protection provisions of the state of their habitual residence are not withdrawn.
22.2. If the Customer is a merchant, a legal entity under public law or a special fund under public law, Mannheim is the place of jurisdiction for all disputes arising from the contractual relationship, to the extent legally permissible. Otherwise, the statutory rules on jurisdiction apply.
22.3. Should a provision of these GTC be or become wholly or partly invalid, the remaining provisions remain unaffected within the framework of statutory provisions. The statutory provisions take the place of the invalid provision.
22.4. Amendments and additions to individual agreements may be made in text form unless a stricter statutory form is prescribed.
22.5. Mandatory statutory rights of the parties remain unaffected by these GTC.
Provider: Noor Aldeen Wisam Kareem, trading as Operos
Contact: info@operos.de
Address: Otto-Siffling-Strasse 16, 68305 Mannheim, Germany
Website: operos.de
As of: October 2026