General Terms and Conditions
for IT Services, IT Support and IT Security Services
Nüsse IT Consulting
Owner: Michael Nüsse
Address: Wigbertstraße 34, 33098 Paderborn, Germany
Email:
Phone: +49 15566 689612
Website: nuesse-it.de
Last updated: May 2026
Version: 1.0
1. Scope of Application
1.1 These General Terms and Conditions apply to all contracts, offers, services and deliveries between Nüsse IT Consulting, hereinafter referred to as the “Contractor”, and its customers, hereinafter referred to as the “Client”.
1.2 The Contractor provides services in particular in the areas of IT support, IT consulting, IT security, remote maintenance, on-site service, hardware and software support, network support, system maintenance, backup support, workstation setup and other IT-related services.
1.3 These Terms and Conditions are primarily intended for entrepreneurs, self-employed persons, freelancers, commercial businesses, associations and other organizations acting in a business context.
1.4 Any deviating, conflicting or supplementary terms and conditions of the Client shall only become part of the contract if the Contractor has expressly agreed to their validity in text form.
2. Contracting Parties and Conclusion of Contract
2.1 A contract is concluded when the Client accepts an offer from the Contractor, expressly commissions a service, or when the Contractor begins providing the service with the Client’s consent.
2.2 Unless expressly stated otherwise, offers made by the Contractor are non-binding and subject to change.
2.3 Individual agreements, service descriptions, offers or order confirmations shall take precedence over these Terms and Conditions insofar as they expressly contain deviating provisions.
2.4 The Client shall be given the opportunity to review these Terms and Conditions before concluding the contract. In the case of online contracts, the Terms and Conditions are provided on the website and can be accessed and saved there. The Client shall be clearly informed of the applicability of these Terms and Conditions before conclusion of the contract.
3. Scope of Services
3.1 The specific scope of services is determined by the respective offer, service description, booked package, order confirmation or individual agreement.
3.2 The Contractor offers, in particular, the following services:
- IT support for existing hardware and software
- Setup and support of PCs, notebooks, printers, scanners and peripheral devices
- Support for Windows, Linux, Office, email, browsers and standard software
- Network and internet support
- Support for Wi-Fi, routers, switches and NAS systems
- User and rights management
- Remote maintenance and on-site service
- IT security checks
- Endpoint protection and security consulting
- Backup support and recovery assistance
- System maintenance and update support
- Consulting regarding hardware, software and IT processes
3.3 A specific economic success is not owed unless a specific work result or outcome has been expressly agreed.
3.4 In the case of consulting, support and security services, the Contractor owes the professional provision of services, but not the complete absence of errors in the Client’s existing IT environment.
4. IT Support and Response Times
4.1 The Contractor supports the Client in the event of disruptions, questions and problems related to the Client’s existing IT infrastructure.
4.2 Support may be provided by telephone, email, remote maintenance, ticket system (in development) or on site.
4.3 Response times shall only be binding if they have been expressly agreed in the offer, package or contract.
4.4 A specific resolution time is not guaranteed unless expressly agreed in writing. The duration of troubleshooting depends in particular on the type and scope of the issue, the availability of access data, third-party providers, spare parts, software vendors and the cooperation of the Client.
4.5 The Contractor is entitled to prioritize support requests according to urgency, impact and order of receipt.
5. Remote Maintenance
5.1 Remote maintenance services shall only be carried out with the consent of the Client or an authorized employee of the Client.
5.2 Before remote maintenance begins, the Client is obliged to close or hide all sensitive, private or otherwise unrelated information not intended for the Contractor.
5.3 During remote maintenance, the Client remains responsible for its data, programs, access credentials and user actions, unless the Contractor acts intentionally or with gross negligence.
5.4 The Contractor may refuse or terminate remote maintenance if security risks, unclear authorizations, technical obstacles or unlawful content become apparent.
6. On-Site Service
6.1 On-site appointments are carried out by prior arrangement.
6.2 Travel costs, travel time, parking fees and other incidental costs shall be charged according to the applicable price list or individual agreement.
6.3 If the provision of services on site is delayed for reasons attributable to the Client, in particular due to missing access data, unavailable contact persons, locked rooms, unavailable devices or incomplete information, the Contractor may charge the resulting waiting time.
7. Client’s Duties to Cooperate
7.1 The Client shall provide the Contractor in good time with all information, access credentials, passwords, contact persons, documents and technical requirements necessary for the provision of services.
7.2 Before any intervention in systems, software, hardware or data, the Client is obliged to independently create a current and complete backup of its data.
7.3 The Client shall ensure that it has the required rights of use, licenses and authorizations for the software, systems and data used.
7.4 Delays, additional expenses or damages caused by missing or delayed cooperation by the Client shall not be borne by the Contractor.
7.5 The Client shall immediately inform the Contractor of any recognizable disruptions, error messages, security incidents or data losses.
8. Data Backup and Data Loss
8.1 The Client is generally responsible for the regular and complete backup of its data.
8.2 Before work is carried out on IT systems, storage media, servers, programs, email accounts or networks, the Client must create a current backup.
8.3 The Contractor shall only be liable for data loss if the data loss was caused by intentional or grossly negligent conduct by the Contractor and the Client can prove that a current and functional backup existed.
8.4 Data recovery is only owed if this has been expressly agreed.
9. IT Security Services
9.1 The Contractor offers IT security services such as security analyses, security checks, endpoint protection, firewall and network reviews, user rights reviews, backup consulting, hardening recommendations and awareness advice.
9.2 IT security services reduce security risks but cannot guarantee complete protection against attacks, malware, phishing, ransomware, data loss, user error or other security incidents.
9.3 The Client remains responsible for implementing organizational security measures, internal policies, user behavior, password security, access controls and data backups, unless these are expressly part of the order.
9.4 Security reports, recommendations and reviews represent a snapshot at the time they are carried out.
10. Hardware, Software and Third-Party Services
10.1 If hardware, software, licenses, cloud services or third-party services are brokered, recommended or procured, the terms and conditions of the respective manufacturer, provider or service provider shall apply in addition.
10.2 The Contractor shall not be liable for the functionality, availability, license terms, price changes, product discontinuations or service disruptions of third-party providers, unless these are attributable to the Contractor.
10.3 The Client is solely responsible for ensuring that the software used is properly licensed.
10.4 Software installations shall only be carried out if the Client has valid licenses and rights of use.
11. Prices, Remuneration and Payment Terms
11.1 The prices stated in the offer, contract, package or current price list shall apply.
11.2 Unless otherwise stated, all prices are exclusive of statutory value-added tax, provided that the Contractor is subject to VAT.
11.3 Services may be billed on a time and materials basis, as a fixed package, as a monthly support package or according to individual agreement.
11.4 Unless a different payment period has been agreed, invoices are due immediately upon receipt without deduction.
11.5 In the event of default in payment, the Contractor is entitled to withhold further services until outstanding claims have been settled.
11.6 Services already rendered shall also be remunerated if the Client cancels the order, ceases cooperation or the service cannot be completed for reasons not attributable to the Contractor.
12. Support Packages, Maintenance Packages and Hourly Quotas
12.1 Booked support, maintenance or service packages apply for the respectively agreed service period.
12.2 Included hourly quotas apply only to the services described in the package.
12.3 Unused hours expire at the end of the agreed billing period unless otherwise agreed.
12.4 Additional services outside the agreed package shall be billed according to effort.
12.5 The Contractor is entitled to refuse services if they are outside the agreed scope of services, technically unreasonable, legally inadmissible or security-critical.
13. Dates and Performance Deadlines
13.1 Dates and deadlines shall only be binding if they have been expressly confirmed as binding.
13.2 Delays caused by lack of cooperation by the Client, technical faults, delivery delays by third parties, force majeure or other circumstances not attributable to the Contractor shall extend agreed deadlines appropriately.
13.3 The Contractor is entitled to provide partial services insofar as these are reasonable for the Client.
14. Duties in the Event of Security Incidents
14.1 If the Client detects a security incident, in particular malware infection, phishing, unauthorized access, data loss, ransomware or unusual system behavior, the Client shall inform the Contractor immediately, provided that the Contractor has been commissioned with support.
14.2 The Client is obliged, where possible, not to further modify affected systems if this could impede analysis.
14.3 The Contractor shall support the Client, by agreement, in analysis, containment and recovery. Complete restoration or absence of damage is not guaranteed.
15. Warranty
15.1 In the case of services, the Contractor owes the professional performance of the agreed activity.
15.2 In the case of work contract services, statutory warranty rights shall apply unless effectively agreed otherwise.
15.3 The Client shall notify the Contractor of recognizable defects or complaints immediately after performance of the service.
15.4 The Contractor is entitled, at its own discretion, to remedy defects, provided that rectification is possible and reasonable.
16. Liability
16.1 The Contractor shall be fully liable in cases of intent and gross negligence.
16.2 In cases of slight negligence, the Contractor shall only be liable in the event of a breach of essential contractual obligations. In such cases, liability shall be limited to the typical, foreseeable damage.
16.3 Liability for indirect damage, consequential damage, loss of profit, production downtime, business interruption, data loss or reputational damage is excluded to the extent permitted by law.
16.4 Liability for data loss is limited to the recovery effort that would have occurred if proper and regular data backups had been made.
16.5 The limitations of liability shall not apply in cases of injury to life, body or health or in cases of mandatory statutory liability.
17. Data Protection and Confidentiality
17.1 The Contractor shall treat all business secrets, access credentials, customer data, technical information and other confidential information of the Client that become known in the course of providing services as confidential.
17.2 The Contractor shall process personal data only in accordance with applicable data protection regulations.
17.3 If the Contractor processes personal data on behalf of the Client, the parties shall, where required, conclude a data processing agreement pursuant to Art. 28 GDPR.
17.4 The Client is responsible for informing the Contractor if special categories of personal data or particularly sensitive data are involved.
17.5 Access credentials shall only be processed insofar as this is necessary for the provision of services. The Client should change access credentials after completion of the work if this is appropriate for security reasons.
18. Email, Communication and Documentation
18.1 Communication may take place by email, telephone, remote maintenance, ticket system (in development), messenger or in person.
18.2 The Contractor may document work performed, in particular for traceability, billing, quality assurance and evidence purposes.
18.3 The Client is obliged to notify the Contractor in good time of any changes to contact details, contact persons or technical conditions.
19. Retention of Title
19.1 Delivered hardware, software licenses, data carriers or other goods shall remain the property of the Contractor until full payment has been made, insofar as ownership can be transferred.
19.2 In the case of software, the license terms of the respective manufacturer shall take precedence.
20. Term and Termination of Continuing Obligations
20.1 Support, maintenance or service packages with ongoing billing are concluded for the respectively agreed term.
20.2 Unless a different term has been agreed, ongoing contracts may be terminated with one month’s notice to the end of the month.
20.3 The right to terminate for good cause remains unaffected.
20.4 Good cause exists in particular if the Client remains in default of payment despite a reminder, permanently refuses required cooperation or pursues unlawful purposes.
21. Right of Withdrawal for Consumers
21.1 These Terms and Conditions are primarily intended for entrepreneurs and business customers.
21.2 If contracts are exceptionally concluded with consumers, statutory consumer rights shall apply, in particular the provisions regarding the right of withdrawal for distance contracts.
21.3 Commercial customers generally do not have a consumer right of withdrawal. If both consumers and entrepreneurs can place orders via a website, a clear distinction should be made between B2B and consumer orders.
22. Acceptance of Work Contract Services
22.1 If a specific work contract service has been agreed, for example the setup of a workstation, installation of a system or creation of a specific configuration, acceptance shall take place after completion by the Client.
22.2 The service shall be deemed accepted if the Client uses the service, does not report any material defects or does not raise a justified complaint within seven calendar days after completion.
22.3 Minor defects do not entitle the Client to refuse acceptance.
23. Prohibited Content and Unlawful Use
23.1 The Contractor is not obliged to provide services that support unlawful, abusive or security-threatening purposes.
23.2 The Contractor may refuse or terminate orders if there is a suspicion that systems, data, software or access credentials are being used unlawfully.
23.3 The Client assures that it is authorized to use, modify and administer the affected systems.
24. Final Provisions
24.1 The law of the Federal Republic of Germany shall apply.
24.2 The place of jurisdiction shall be the registered office of the Contractor, insofar as legally permissible.
24.3 Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
24.4 Amendments and additions to individual agreements must be made in text form unless a stricter form is required by law.