General Terms and Conditions

These General Terms and Conditions (GTC) apply to all services provided by WILKE IT – Consulting & Solutions to entrepreneurs and consumers. Individual provisions apply expressly to only one of these groups and are marked accordingly. For consumers, the separate withdrawal policy applies in addition.

§ 1 Scope and definitions

1. These GTC apply to all contracts between WILKE IT – Consulting & Solutions, owner Jonas Wilke, Lehmkuhlenweg 22, 38179 Schwülper, Germany (hereinafter "WILKE IT" or "we") and our customers, in the version valid at the time the contract is concluded. Deviating or supplementary terms and conditions of the customer do not become part of the contract unless we expressly agree to their application in text form.
2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 German Civil Code, BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into the legal transaction, acts in the exercise of their trade, business or profession (§ 14 BGB).
3. Individual agreements with the customer (e.g. quotations, service agreements, data processing agreements) take precedence over these GTC insofar as they deviate from them.

§ 2 Services provided by WILKE IT

1. WILKE IT provides services in the areas of IT consulting, user support and application-related support, IT security (cybersecurity), medical IT (in particular support for medical practices and tomedo® support), hosting and software development. In addition, we supply hardware, software licences and digital content upon request.
2. The specific scope of services arises from the respective quotation or order confirmation. Consulting, support and maintenance services are services in the legal sense; a particular outcome (e.g. resolving a fault within a specific period) is owed only where this has been expressly agreed.
3. WILKE IT is not the operator of the customer's IT systems. Unless expressly agreed otherwise, responsibility for operating servers, networks, operating systems and the telematics infrastructure — and in particular for performing, monitoring and ensuring the recoverability of data backups — remains with the customer or with the infrastructure service provider engaged by the customer. Without a separate agreement, the following are not part of our services: 24/7 monitoring, availability guarantees, security monitoring, independent backup verification, patch and asset management, and the operation of the telematics infrastructure. If, in the course of our work, we identify risks or defects in these areas, we will inform the customer; this does not create an obligation to remedy them.
4. We are entitled to use carefully selected subcontractors and technical tools (e.g. remote maintenance and password management solutions) to provide our services. Where personal data is processed in this context, the provisions of § 11 apply.

§ 3 Conclusion of contract

1. Our quotations are non-binding unless expressly designated as binding or unless they contain a period of commitment.
2. A contract is concluded when the customer accepts a quotation — in particular by acceptance in the online customer centre, by confirmation in text form (e.g. email) or by signature — or when we confirm an order placed by the customer in text form or commence performance.
3. Where a contract is concluded via the customer centre, we store the contract text and send the customer the contract details together with these GTC by email. Consumers additionally receive the withdrawal policy and the model withdrawal form.

§ 4 Customer's obligations to cooperate

1. The customer grants us the access to their IT infrastructure required to perform the services (on site or via remote access) and provides complete and accurate information about the hardware and software in use, access credentials, licences and contact persons. Delays or additional effort attributable to missing or inaccurate cooperation shall be borne by the customer.
2. Unless expressly agreed otherwise, the customer is responsible for regularly backing up their data and systems in accordance with the state of the art. Before any intervention in their systems (e.g. updates, migrations, configuration changes), the customer must ensure that a current and restorable data backup exists.
3. The customer ensures that the systems, data and content we process are free from third-party rights that would preclude processing, and that the necessary licences are in place.
4. Access credentials provided to the customer by us must be treated confidentially and protected against access by unauthorised persons.

§ 5 Service hours and response time

1. Our service hours are Monday to Friday from 9:00 to 17:00, excluding public holidays in Lower Saxony. Services outside these hours are provided subject to availability and on the terms set out in § 6.
2. We respond to enquiries reaching us by email, telephone or via the ticket system within one working day (response time). The response time refers exclusively to the period until our first qualified reply. This reply serves to confirm receipt and to provide an initial assessment of the matter.
3. The response time is not a resolution or remedy time. The time required for full processing or resolution depends on the complexity and circumstances of the individual case and is not guaranteed. We process all enquiries with due care and as promptly as possible.

§ 6 Remuneration and payment terms

1. Services are invoiced on the basis of project or fixed-price quotations, or according to time actually spent. Unless otherwise agreed, the following standard rates apply:

   Service	Net	Gross (incl. 19 % VAT)	Note
   Hourly rate within service hours (Mon–Fri)	€ 99.00	€ 117.81	billed in 15-minute increments
   Hourly rate outside service hours, at weekends, on public holidays and in emergencies	€ 159.00	€ 189.21	subject to availability
   Travel flat rate per on-site appointment	€ 39.00	€ 46.41	further travel costs only by agreement
   Minimum billing for remote support	15 min.	—	per incident
   Minimum billing for on-site work	30 min.	—	per appointment

2. For entrepreneurs, all prices are net plus statutory VAT; for consumers, the gross prices stated are decisive. There is no monthly service flat rate or minimum purchase obligation; only the services actually rendered are invoiced, unless a fixed price or an individual service agreement has been concluded.
3. When ordering hardware, software licences or digital content, we are entitled to require an appropriate advance payment. For fixed-price projects, partial invoices may be issued according to progress.
4. Invoices are due without deduction within 14 days of receipt. After this period, the customer is in default; the statutory consequences of default apply (§§ 286, 288 BGB).
5. The customer may only set off claims that are undisputed or have been established with legal effect. The customer is entitled to a right of retention only in respect of claims arising from the same contractual relationship.

§ 7 Term and termination

1. Individual orders (e.g. support and consulting services billed by time and effort, projects) end upon complete performance of the service. There is no minimum term or commitment.
2. Continuing obligations (e.g. hosting, ongoing service agreements) run for an indefinite period and may be terminated by either party in text form with one month's notice to the end of a month, unless a different term or notice period is stipulated in the relevant agreement. In relation to consumers, we observe the statutory requirements of § 309 no. 9 BGB.
3. The right to extraordinary termination for good cause remains unaffected. Good cause exists for us in particular where the customer is in default of payment of two invoices despite a reminder, or persistently breaches material obligations to cooperate.
4. Upon termination of a hosting contract, the customer is responsible for backing up their data in good time. We will notify the deletion date in text form before deletion.

§ 8 Supply of hardware and software, retention of title, warranty

1. Delivery dates are binding only where they have been expressly agreed as binding. Delivery delays on the part of our suppliers for which we are not responsible extend the delivery period appropriately; the customer will be informed.
2. Goods delivered remain our property until payment has been made in full. In relation to entrepreneurs, retention of title additionally applies until all claims arising from the ongoing business relationship have been settled.
3. For consumers, the statutory warranty rights apply (limitation period of two years from delivery). Manufacturer warranties remain unaffected by these GTC.
4. In relation to entrepreneurs, the warranty period for new goods is one year from delivery; for used goods, warranty is excluded. This does not apply to claims for damages under § 12 or in cases of fraudulent concealment of a defect. Merchants must inspect the goods without undue delay and give notice of any apparent defects without undue delay (§ 377 German Commercial Code, HGB).
5. For third-party software licences, the licence terms of the respective manufacturer apply in addition; we will make these available to the customer on request.

§ 9 Software development and rights of use

1. The scope, functionality and acceptance criteria of individually developed software arise from the respective quotation or specification. Upon completion, we make the software available for acceptance; it is deemed accepted if the customer does not object in text form within 14 days of provision, stating material defects, or if the customer uses it productively. We draw attention to this consequence upon provision.
2. Upon payment in full of the agreed remuneration, the customer receives a simple, unlimited right to use the software for their own purposes. More extensive rights (e.g. transfer to third parties, provision of source code, rights of modification) require an express agreement.
3. Where third-party components or open-source software are used, the respective licence terms apply to these; we inform the customer of such components.

§ 10 Hosting

1. For hosting services, we provide storage space and computing capacity on servers operated either by ourselves or by carefully selected data centre operators. We endeavour to ensure high availability. Uninterrupted availability cannot, however, be guaranteed; in particular, maintenance windows, faults outside our sphere of influence (e.g. network outages, third-party attacks) and force majeure are excluded from any availability commitment. We announce planned maintenance work in good time where possible.
2. The customer is solely responsible for the content they store or publish and ensures that it does not infringe applicable law or third-party rights. In the case of unlawful content or a threat to system security, we are entitled to block access temporarily; we will inform the customer without undue delay.
3. The scope of any data backup performed by WILKE IT arises from the respective agreement. Irrespective of this, the customer remains obliged to keep their own backup copies of their data.

§ 11 Data protection and confidentiality

1. We process personal data in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act. Information on processing can be found in our privacy policy at wilke-it.consulting.
2. Where we process personal data on behalf of the customer (in particular in the case of remote access to the customer's systems), we conclude a data processing agreement with the customer pursuant to Art. 28 GDPR. For customers subject to professional secrecy (e.g. medical practices, pharmacies), we additionally provide a declaration of commitment as an "other participating person" pursuant to § 203 (3) sentence 2 German Criminal Code (StGB).
3. Both parties shall treat all confidential information disclosed in the course of the cooperation — in particular access credentials, trade secrets and customer data — as confidential and use it exclusively for the performance of the contract. This obligation continues after the end of the contract.

§ 12 Liability

1. We are liable without limitation for damage arising from injury to life, body or health, for damage based on intent or gross negligence, in cases of fraudulent concealment of a defect, to the extent of a guarantee assumed, and under the German Product Liability Act.
2. In the case of slightly negligent breach of a material contractual obligation (cardinal obligation) — that is, an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance the customer may regularly rely — our liability is limited to compensation for the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded.
3. For loss of data, we are liable within the scope of the preceding paragraphs only to the extent that the damage could not have been avoided even with proper, regular data backup by the customer or their infrastructure service provider. In such cases, liability is limited to the typical effort required for restoration from a proper data backup.
4. In relation to entrepreneurs, liability under paragraph 2 is additionally limited, per instance of damage, to the remuneration agreed for the order concerned and, in the case of continuing obligations, to the remuneration for the last twelve months prior to the damaging event. Claims by entrepreneurs not covered by paragraph 1 become time-barred one year after the start of the statutory limitation period.
5. The above limitations of liability also apply to the personal liability of our vicarious agents and subcontractors.

§ 13 Right of withdrawal for consumers

1. Consumers have a statutory right of withdrawal in the case of distance contracts and contracts concluded off business premises. Details — in particular the requirements, periods and consequences of withdrawal — are set out in our withdrawal policy, which we make available to every consumer before the contract is concluded.
2. For contracts concluded via our online customer centre, withdrawal may also be declared using the withdrawal function provided there ("Vertrag widerrufen") (§ 356a BGB).
3. If a consumer wishes us to begin performing a service during the withdrawal period, they must expressly request this. In the event of subsequent withdrawal, they owe compensation for the value of the services rendered up to the point of withdrawal. Upon complete performance of the service, the right of withdrawal lapses if the consumer has expressly consented to the commencement and confirmed their awareness that the right lapses. The same applies to digital content not supplied on a tangible medium.

§ 14 Amendments to these GTC

1. For new contracts, the version of these GTC current at the time the contract is concluded applies.
2. For existing continuing obligations, we may amend these GTC where this is necessary due to a change in legislation, a change in case law or a change in technical or economic conditions, and where the amendment is reasonable for the customer. We will communicate the amended terms in text form at least six weeks before they take effect, expressly drawing attention to the right to object and to the consequences of remaining silent. If the customer does not object before the amendments take effect, they are deemed accepted. If the customer objects, either party may terminate the affected contractual relationship as at the date the amendments take effect. Essential contractual content (services, remuneration, term) will not be amended by this route.

§ 15 Final provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection of mandatory consumer protection provisions of the state in which they have their habitual residence.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Braunschweig. In this case, we are also entitled to bring proceedings at the customer's general place of jurisdiction.
3. In the event of disagreements, we will first seek an amicable solution in direct discussion. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 German Act on Alternative Dispute Resolution in Consumer Matters, VSBG).
4. Declarations for which these GTC require text form may be submitted by email or via the customer centre.
5. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provisions apply in place of the invalid provision.

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WILKE IT – Consulting & Solutions · Owner Jonas Wilke · Lehmkuhlenweg 22, 38179 Schwülper, Germany · Phone +49 5303 956976 · Email wilke@wilke-it.consulting · VAT ID DE340371119
These GTC as of 16 September 2026. The current version is available at wilke-it.consulting. Legally binding version: German.