General Terms and Conditions for IT Services

Service provider

PathConnect GmbH
Zimmerstraße 3
76137 Karlsruhe

and the respective customer – jointly referred to as the “parties”.

The service provider provides the customer with professional IT services, in particular hosting, operations, maintenance and support services. These General Terms and Conditions govern the fundamental rights and obligations of the parties.

Measurable service objectives are owed only if they are expressly agreed separately.

§ 1 Scope and subject matter of the contract

  1. These General Terms and Conditions apply exclusively to entrepreneurs within the meaning of section 14 of the German Civil Code (BGB), legal persons under public law and special funds under public law. Contracts are not concluded with consumers within the meaning of section 13 BGB.
  2. The service provider provides IT services as services within the meaning of sections 611 et seq. of the German Civil Code (BGB). No specific commercial or technical result is owed unless otherwise expressly agreed in text form.
  3. The nature, scope and remuneration of the services are determined exclusively by the offer accepted by the customer in each case. The offer forms part of the contract.
  4. Changes or extensions to the scope of services must be made in text form.

§ 2 Scope of services (standard operations)

  1. Unless otherwise stipulated in the offer, the scope of services includes in particular:

    • operation of the agreed systems within the service provider’s infrastructure
    • regular maintenance and security-related updates
    • system monitoring
    • technical support during business hours

§ 3 Service levels

  1. Availability, response times, recovery times and other service levels do not form part of the contract unless they have been expressly agreed in a separate Service Level Agreement (SLA).
  2. An SLA is concluded only if it is agreed in text form and expressly attached to the contract as an annex.

§ 4 Customer obligations

  1. The customer shall provide all information, content and access credentials required to perform the services in due time.
  2. The customer is responsible for the lawfulness of the content it processes.
  3. The customer may make changes to the systems only after prior consultation.

  4. The following are prohibited in particular:

    • malicious software, malware and cryptomining
    • unlawful content
    • excessive system loads

§ 5 Remuneration

  1. Remuneration is determined by the offer.
  2. Additional services outside the agreed scope are charged on a time-and-materials basis.
  3. Invoices are due without deduction within 14 days of the invoice date.

§ 6 Data protection

  1. Where the service provider processes personal data on behalf of the customer, the data processing agreement (DPA) concluded between the parties applies exclusively.
  2. These General Terms and Conditions do not establish any independent data-protection obligations.

§ 7 Confidentiality

  1. The parties undertake to treat all non-public information as confidential.
  2. This obligation continues indefinitely beyond the end of the contract.
  3. Subcontractors may be engaged only subject to equivalent confidentiality obligations.

§ 8 Liability

  1. The service provider has unlimited liability in cases of intent and gross negligence.
  2. In the event of a slightly negligent breach of material contractual obligations, liability is limited to the foreseeable damage typical for the contract.
  3. The service provider maintains professional indemnity insurance with coverage of €125,000 and cyber insurance with coverage of €100,000. Regardless of the legal basis, the service provider’s liability per loss event is limited to the applicable coverage amount under its professional indemnity insurance.
  4. The service provider’s aggregate liability within a contract year is limited to the maximum insurance benefit available under its professional indemnity insurance in the respective insurance year.
  5. Taking out these insurance policies does not create any liability beyond the provisions above.
  6. Liability for loss of data exists only to the extent that the loss could have been avoided by proper data backup.

§ 9 Contract term and termination

  1. The contract is concluded when the corresponding offer is accepted in text form or when the parties mutually commence performance of the services. A handwritten signature is not required. The start of the contract is determined by the respective offer.
  2. If no minimum term has been agreed, the contract may be terminated with 14 days’ notice to the end of a month.
  3. The right to terminate for good cause remains unaffected.

§ 10 End of the contract

  1. After the contract ends, the service provider shall make the customer data available in accordance with the DPA.
  2. Any further support services after the end of the contract are provided only for remuneration.

§ 11 Final provisions

  1. Changes and additions must be made in text form.
  2. The law of the Federal Republic of Germany applies.
  3. The place of jurisdiction is the service provider’s registered office.
  4. If individual provisions are invalid, the validity of the remaining provisions remains unaffected.

§ 12 Annexes

  1. Where concluded or expressly agreed between the parties, the following annexes form part of the contract:

Last updated: September 2026