General Terms and Conditions (AGB)

§ 1 Contract Conclusion & Finality of Payment

(1) Contract Formation:

A contract is formed exclusively upon full receipt of payment into our business account (§ 151 BGB). Offers, order confirmations, or other declarations are non-binding invitations to treat (Invitatio ad offerendum).

(2) Exclusion of Right of Withdrawal:

By making payment, the customer irrevocably declares:

• To have read the GTC valid at the time of payment, available at bubblybytes.com/agb,
• To waive all rights of withdrawal and return (§ 312g Abs. 1 BGB).

(3) Partial Payments:

Not accepted. No obligation for partial performance – the contract is only concluded upon full payment.

§ 2 Provider's Performance Discretion

(1) Technical Design Authority:

The provider decides at its own discretion (§ 315 BGB) regarding:

• Server locations,
• Software architectures,
• Maintenance windows.

(2) Right of Substitution:

The provider may have services performed by third parties or use technically equivalent alternatives.

(3) Reservation of Right to Modify:

Any service features (e.g., SLA uptime, support times) can be adjusted at any time without stating reasons. The customer will be informed electronically.

§ 3 Payment Modalities & Sanctions

(1) Price Binding:

All prices are net in EUR and exempt from VAT according to §19 UStG.

(2) Payment Default:

• If the payment deadline is exceeded by 48 hours, the service will be automatically suspended,
• Reactivation fee: €50 plus outstanding amounts,
• Default interest: 12% above the base interest rate p.a.

§ 4 Hosting Services – Risk Allocation

(1) Infrastructure:

• Use of third-party provider servers (e.g., OVH, Contabo),
• No guarantee for physical access, power supply, or backbone connectivity.

(2) Zero-Responsibility Policy:

The customer bears full responsibility for:

• Content (also for subdomains/third-party projects),
• Security (Brute-Force protection, firewall configuration),
• Backups (at least daily backups outside our infrastructure).

(3) Domain Registration:

Despite technical ownership by us, legal responsibility for the imprint, data protection, and content lies exclusively with the customer (§ 5 TMG).

§ 5 Right to Suspend & Sanctions

(1) The provider may suspend services without prior notice in case of:

• Suspicion of misuse (e.g., port scanning, credential stuffing),
• Payment arrears ≥ 24 hours,
• Official orders (e.g., BKA requests).

(2) Consequences of Suspension:

• No refund of amounts already paid,
• Deletion of all data 72 hours after suspension.

§ 6 Disclaimer of Liability (Maximum Variant)

(1) Complete disclaimer of liability for:

• Indirect damages (business interruptions, loss of reputation),
• Data corruption by third-party providers,
• Zero-day exploits in customer software.

(2) Residual Liability:

Exclusively in cases of intentional breach of duty by the management (§ 276 Abs. 1 BGB).

(3) Liability Cap:

Maximum 50% of the annual revenue with the affected customer.

§ 7 Intellectual Property & Usage Rights

(1) Retention of Title:

All services (code, designs, documentation) remain our property until full payment (§ 449 BGB).

(2) Right of Use:

Upon payment, we grant a non-exclusive, non-transferable right to use only within the agreed context.

(3) Extension of Rights:

Requires a separate license agreement with:

• One-time fee (min. 150% of the project value),
• Technical documentation of the desired use.

§ 8 Data Protection & Compliance

(1) No Obligation to Audit:

The provider does not check for GDPR violations, PCI-DSS conformity, or other compliance requirements.

(2) Data Deletion:

All customer data will be automatically deleted after:

• Contract termination,
• Payment default ≥ 7 days,
• Suspension according to § 5.

§ 9 Final Provisions

(1) Place of Jurisdiction:

Exclusively Gelsenkirchen (§ 38 ZPO).

(2) Severability Clause:

Ineffectiveness of individual provisions does not affect the validity of the entire contract.

(3) Reservation of Right to Modify:

The provider may unilaterally adapt these GTC at any time. Continued use is considered consent.