
Terms and Conditions
General Terms of Service
⚠️ Notice
This is a template for Terms and Conditions. For legally binding terms, we recommend consulting with a lawyer specialized in IT law or using professional services.
§ 1 Scope
(1) These Terms and Conditions apply to all contracts between Chris Hankins (hereinafter "Service Provider") and the Client regarding the provision of services in the field of PWA (Progressive Web App) monitoring, testing, and implementation.
(2) Deviating, conflicting, or supplementary general terms and conditions of the Client shall only become part of the contract if and to the extent that the Service Provider has expressly agreed to their validity in writing.
§ 2 Subject Matter
(1) The Service Provider provides services in the following areas:
- PWA Reliability Audits and Assessments
- 24/7 PWA Monitoring and Guardian Services
- PWA Implementation and Consulting
- Technical Support and Maintenance
(2) The exact scope of services is defined in the respective service description or individual offer.
§ 3 Contract Formation
(1) Offers by the Service Provider are non-binding unless expressly marked as binding.
(2) A contract is formed through written order confirmation by the Service Provider or through commencement of service provision.
(3) Orders can be placed via email, contact form, or in writing.
§ 4 Prices and Payment Terms
(1) The prices published on the website at the time of ordering apply, unless individually agreed otherwise.
(2) All prices are exclusive of statutory VAT, if applicable.
(3) For Monitoring Services:
- Setup fees are due upon contract signing
- Monthly fees are payable in advance
- Payment terms: 14 days from invoice date
(4) For one-time services (Audits, Implementation), a 50% deposit is due upon order placement, with the remainder due upon completion.
§ 5 Service Provision
(1) The Service Provider performs services with the diligence of a prudent businessperson.
(2) For Monitoring Services, an availability of 95% monthly average is considered contractual. Maintenance work and force majeure are excluded from this.
(3) The Service Provider is entitled to engage qualified subcontractors to fulfill contractual obligations.
§ 6 Client Cooperation Obligations
(1) The Client provides free of charge all information and access required for service provision.
(2) The Client ensures regular backups of their systems.
(3) Delays due to lack of Client cooperation lead to corresponding extensions of service deadlines.
§ 7 Contract Term and Termination
(1) For Monitoring Services:
- Minimum contract term: 12 months
- Automatic renewal for another 12 months
- Notice period: 3 months before contract end
(2) The right to extraordinary termination for good cause remains unaffected.
(3) Terminations must be in writing (email sufficient).
§ 8 Warranty
(1) The Service Provider warrants the contractual provision of services.
(2) In case of defects, the Client first has the right to supplementary performance. Supplementary performance is provided at the Service Provider's choice through defect elimination or re-performance.
(3) Warranty claims expire 12 months after service provision.
§ 9 Liability
(1) The Service Provider has unlimited liability for:
- Intent and gross negligence
- Injury to life, body, or health
- Under the provisions of the Product Liability Act
(2) For slightly negligent breach of material contractual obligations, liability is limited to typical and foreseeable damages.
(3) Otherwise, liability is excluded.
§ 10 Confidentiality and Data Protection
(1) Both parties undertake to keep confidential all information disclosed during cooperation.
(2) Personal data processing complies with GDPR. See Privacy Policy for details.
§ 11 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) Place of jurisdiction, where legally permissible, is the Service Provider's registered office.
(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.
💡 Important
These Terms are a basic template. Please have them reviewed by a lawyer specialized in IT law and adapted to your specific business models.
Contact:
Chris Hankins
74239 Hardthausen
Germany
Email: chris@pwa-reliability.com
Last updated: January 2025