Important
This English version is provided for convenience. In case of any discrepancies, the German version is legally binding.
Imprint and Privacy Policy
You can find our Imprint and our Privacy Policy on the respective linked pages.
General Terms and Conditions (GTC)
1. Scope
1.1 These General Terms and Conditions (GTC) apply to all contracts, deliveries, and services between cryeffect Media Group Görsch & Müller GbR (hereinafter the “Provider”) and the customer.
1.2 Deviating or supplementary terms of the customer apply only if expressly acknowledged in writing by the Provider.
1.3 These GTC apply to consumers and businesses alike, unless expressly stated otherwise.
2. Services provided by the Provider
2.1 The Provider offers IT services, in particular software development, IT consulting, support, maintenance, hosting services, and IT security solutions.
2.2 The scope of services is set out in the respective offer or contract.
2.3 The Provider undertakes to make technically and economically reasonable efforts to achieve an average annual availability of the services of 99.0%.
2.4 Changes or extensions to the scope of services require a written agreement between the parties.
3. Conclusion of contract
3.1 Offers made by the Provider are non-binding. Technical or other changes remain reserved within reasonable limits. A contract is only concluded upon written order confirmation or by performance of the service.
3.2 Side agreements and changes must be in writing.
3.3 The Provider reserves the right to reject requests, in particular if technical or economic reasons speak against it.
4. Prices and payment terms
4.1 All prices are gross, including statutory VAT.
4.2 Payments are due within 10 days of invoicing without deduction.
4.3 The Provider reserves the right to charge default interest and/or dunning fees in the event of non-payment and to take legal action if necessary.
5. Customer obligations
5.1 The customer undertakes to provide all information, documents, and access necessary for service delivery in good time.
5.2 The customer must promptly inspect the services provided and report defects in writing within 14 days.
5.3 If the customer fails to meet their cooperation obligations, the Provider may release itself from its obligations or charge for the additional effort.
5.4 The customer is obliged to use the agreed services only for their intended purpose and not to infringe the rights of third parties.
6. Warranty and liability
6.1 The Provider warrants the provision of services in accordance with the contract.
6.2 Defects will be remedied at the Provider’s discretion by repair or replacement.
6.3 The Provider’s liability is limited to intent and gross negligence unless the damage results from injury to life, body, or health.
6.4 The Provider is not liable for damage caused by improper use of the services provided by the customer.
6.5 Liability for data loss is limited to the typical recovery effort from the contractually agreed regular data backups, where applicable.
7. Confidentiality and data protection
7.1 Both parties undertake to maintain confidentiality regarding all confidential information that becomes known to them in the context of the contract.
7.2 The Provider undertakes to comply with applicable data protection regulations and will use the customer’s personal data only for the performance of the contract.
7.3 The Provider will only access data entrusted to it by the customer (such as emails in a mailbox or data in a cloud) with the customer’s explicit consent.
7.4 Customer data will only be passed on to third parties with the customer’s explicit consent or due to legal obligations.
8. Term and termination
8.1 Unless otherwise agreed, contracts are concluded for an indefinite period.
8.2 The minimum contract term is generally 6 months.
8.3 Either party may terminate with three months’ notice to the end of a month.
8.4 The right to extraordinary termination for good cause remains unaffected.
8.5 Notice of termination must be given in writing by letter or email.
8.6 The Provider also reserves the right to terminate the contractual relationship without notice for good cause. Such good cause exists in particular if the customer fails to meet payment obligations or breaches other important customer obligations.
9. Data backups
9.1 If included in the respective offer, the Provider performs daily backups of all associated data.
9.2 The data backups are stored at geographically separate locations in Germany from the original data.
9.3 The retention period for daily backups is 14 days and for monthly backups 6 months.
9.4 Backups are usually performed automatically between 02:00 and 04:00.
10. Maintenance windows and downtimes
10.1 The Provider’s services are subject to regular maintenance and updates, which may result in short downtimes (temporary unavailability of the services).
10.2 Automated maintenance of all services takes place every Monday between 04:00 and 05:30. This may result in short downtimes, usually under one minute.
10.3 More extensive maintenance of all services also takes place on the first Saturday of each month. This may result in short downtimes, usually under five minutes.
10.4 In addition to the planned maintenance windows, emergency maintenance and associated downtimes may take place at any time to ensure the security and integrity of the Provider’s systems.
11. Dispute resolution
11.1 In accordance with Section 36 VSBG, we inform you that we are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
11.2 If a dispute arises in the context of the contractual relationship with a consumer and our complaint response is not accepted, we will inform the consumer in text form of the competent consumer arbitration board in accordance with Section 37 VSBG.
11.3 For the Berlin region, and thus for our company, the competent body is the Arbitration Board of the Berlin Economy at the Berlin Chamber of Commerce and Industry (IHK Berlin). Further information on the IHK Berlin arbitration board can be found on the IHK Berlin website under the keywords “Schlichtungsstelle der Berliner Wirtschaft”.
12. Final provisions
12.1 The law of the Federal Republic of Germany applies.
12.2 Place of performance and jurisdiction is Berlin.
13.3 If individual provisions of these GTC are or become ineffective, the validity of the remaining provisions shall not be affected.
14.4 Changes to these GTC will be communicated to the customer in text form. If the customer does not object to the changes within 14 days of receipt of the notification, the changes are deemed approved.
As of 2025-07-25