Terms and conditions

These terms apply to all contracts of FNLY IT UG (haftungsbeschränkt), Am Kraftwerk 23, 34582 Borken (hereinafter “FNLY IT”), for managed IT, IT projects, IT consulting and related services.

Our services are offered exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Deviating terms of the customer apply only if we expressly agree to them in text form.

A contract is concluded when our offer is accepted or when we issue an order confirmation. The exact scope of services is set out in the offer and, where applicable, in a statement of work. In the event of contradictions, the statement of work takes precedence, followed by the offer and then these terms.

For managed IT, each package includes the services listed in the package description. Services outside the package, such as projects, relocations or work on third-party specialist applications, are provided after prior agreement at the agreed hourly rates or at a fixed price.

Availability and response times depend on the package booked. The response time is the time until work begins, not until the issue is resolved. It runs within the agreed service hours.

On-call service outside business hours is available only in the Complete package and only to customers who identify themselves with their customer PIN. Different service hours are agreed individually.

The customer names a contact person, grants us the access required for the services and informs us of changes to its IT that affect our work. Remote access takes place only with the customer's approval or within the scope of the agreed management tools.

Delays caused by a lack of cooperation extend agreed response and project times accordingly. We bill additional effort by time spent.

The prices stated in the offer apply, otherwise our currently published price list. All prices are net, plus statutory VAT.

We bill managed IT packages monthly in advance per user, with a minimum of 5 users. Servers and network devices are billed per device unless they are included in the package. Time-based services are billed in units of 15 minutes, and surcharges and travel according to the price list.

Licences such as Microsoft 365 are billed at the vendor's list price without mark-up. Invoices are payable within 14 days without deduction.

Contracts for managed IT initially run for 12 months. After that they renew for one month at a time and can be terminated with one month's notice to the end of a month. The right to terminate for good cause remains unaffected. Notice of termination must be given in text form.

When the contract ends, we hand over to the customer all access credentials, administrator accounts and the documentation of its IT. The documentation belongs to the customer. On request, we support the switch to another service provider at the agreed hourly rates.

We treat all customer information as confidential, including after the contract ends. Where we process personal data on behalf of the customer, we conclude a data processing agreement in accordance with Art. 28 GDPR (DSGVO).

For professionals bound by professional secrecy, such as lawyers, notaries, tax advisers and doctors, we additionally bind ourselves and our employees to confidentiality under § 203 of the German Criminal Code (StGB) and conclude the agreement required for this.

Once paid in full, the customer may use concepts, documentation and configurations that we create for the customer for its own purposes without restriction in time or place. FNLY IT's general know-how, methods and tools remain unaffected.

For work performed under a contract for work (Werkvertrag), such as completed projects with an agreed result, we remedy defects at our discretion by rectification or by producing the work anew. The limitation period for claims for defects is one year from acceptance, unless a longer period is mandatory by law. Services such as managed IT and consulting owe proper professional performance, not a specific outcome.

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act (Produkthaftungsgesetz).

In cases of slight negligence, we are liable only for breaches of material contractual obligations and limited to the foreseeable damage typical for the contract. For loss of data, we are liable only up to the effort that would have been required to restore the data if regular backups appropriate to the risk had been made, unless data backup is part of our agreed services.

We may use suitable subcontractors. We are liable for them as for our own actions. For data processing on behalf of the customer, the provisions of the data processing agreement apply.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes is the registered office of FNLY IT, insofar as permitted by law.

Amendments and additions must be made in text form. Should any provision be invalid, the validity of the remaining provisions remains unaffected.