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How Endurion agrees quotes, services, cooperation and invoicing.
The specific agreement remains controlling. These terms supplement it and do not replace the service scope, an SLA or a required data processing agreement.
Scope
These terms apply to Endurion IT Solutions IT services supplied to businesses within Section 14 BGB, public-law legal entities and public-law special funds. They cover consulting, projects, software, automation, infrastructure, networks, cloud, workplace, security, support and operations. They do not constitute an offer to consumers.
Contract and documents
A website description, model calculation or meeting reservation is not a binding order. A contract arises through the agreed acceptance of a specific quote or another unambiguous instruction. Individually negotiated agreements take precedence. The quote, scope, SLA, project plan and any processing agreement define the service. Customer terms apply only where their inclusion is agreed. Quote validity is stated in the quote; expiry requires renewed confirmation.
Service type and limits
Only expressly agreed tasks and deliverables are owed. Whether a service or work contract applies depends on its agreed substance and the law; calling something a project does not decide this. Business outcomes, absolute security, error-free third-party products or particular savings are owed only where a binding commitment has been agreed. Models, pilots and examples are not representations of an existing production integration.
Project delivery and changes
Before work starts, the objective, systems, dependencies, responsibilities and approvals are recorded. New findings may require a different sequence or additional work. Changes, including their effect on price, dates and acceptance, are agreed before instruction. Notifying extra work does not replace any necessary approval. Emergencies follow the expressly agreed authority, with decisions and actions documented.
Cooperation and access
The customer appoints authorised contacts and provides agreed information, permissions, licences, access and testing facilities on time. Credentials use an agreed secure channel. Endurion identifies apparent missing prerequisites. If cooperation is delayed, the parties address consequences for dates and effort; additional charges depend on the agreement and the law.
Backups and system changes
Backups, maintenance windows and rollback are clarified before significant changes. Unless backup provision is expressly assigned to Endurion, it remains the customer’s task. This does not remove Endurion’s own duties of care, review or warning. Where proceeding without safeguards creates an apparent risk, the next step is decided beforehand. Having a backup does not prove successful recovery.
Operations and SLAs
For managed services, the scope identifies systems, tasks, service hours, reporting channels, maintenance, reports and escalation. Excluded systems and work require separate instruction. A response time means the agreed start of qualified handling, not a guaranteed resolution. Priorities follow agreed impact and urgency criteria. Around-the-clock cover, recovery objectives or availability guarantees require express agreement; general contact hours do not create such an SLA.
Security incidents
Incident response is supplied within the agreed scope. Access authority, available contacts, approvals and communications are clarified before intervention. Work may include containment, analysis, evidence preservation and recovery. The customer remains responsible for statutory notifications unless handling has been validly assigned. A website request guarantees neither immediate availability nor compliance with a running notification deadline.
Portal access and fee
Portal access is separate from support plans. The stated rate is 29.90 EUR per company per month plus statutory VAT unless agreed otherwise. Applying for access is free. Payment requires explicit agreement to paid access and its activation. Technical approval alone is not payment processing. Enabled areas and invoicing are agreed with the customer; the portal does not promise an automatic payment service.
Pricing and invoicing
One-time setup, recurring fees and variable usage costs are shown separately. Quotes specify payment dates, billing units and any advance payment. Website prices exclude applicable VAT unless clearly stated otherwise. Hardware, licences, model usage, provider, travel and third-party costs are included only where stated. Calculator results are non-binding estimates; the quote establishes actual assumptions and costs. Extra services are not selected automatically.
Vendors, cloud and third-party services
Third-party products have their own licensing, contractual and privacy terms. Required accounts, rights, costs and responsibilities are clarified before integration. Naming a vendor does not promise a partnership. Provider changes or outages can affect the service; Endurion remains responsible for its own agreed selection, integration, operating and notification duties. Third-party responsibilities and alternatives are described in the quote.
Software, automation and AI
Functions, interfaces, test data, target environment and acceptance criteria are established before implementation. AI outputs can be incomplete or incorrect. Agreed human review remains in place wherever expert decisions or approvals are required. The customer supplies lawful data and usage rights. A pilot enters production only after separate review and approval. Maintenance, model changes and adaptation to changed interfaces are included only to the agreed extent.
Review and acceptance
Work-contract deliverables are checked against the agreed criteria. The customer receives a reasonable opportunity to test and describes identified deviations clearly. Statutory conditions apply to minor defects and any deemed acceptance; these terms create no different automatic acceptance deadline. Applicable statutory remedies for defects remain available.
Usage rights
The contract defines usage rights. Unless agreed otherwise, full payment gives the customer the rights required for the agreed purpose. Pre-existing tools, general know-how, libraries and third-party components remain with their rights holders. This does not restrict open-source licences or mandatory rights already granted. Source code, handover formats and documentation scope require express agreement.
Confidentiality and data protection
Both parties protect confidential business and technical information from unauthorised disclosure; statutory disclosure duties remain. Where personal data is processed on behalf of the customer, the parties establish the required Article 28 GDPR terms, roles, instructions and safeguards before processing starts. The customer is responsible for lawful data and instructions; Endurion meets its own statutory duties. A public service description replaces neither a processing agreement nor a project-specific privacy assessment.
Defects and liability
Defects should identify the environment, time and issue clearly so causes and remedies can be assessed. Statutory rights remain controlling. Endurion has unlimited liability for intent, gross negligence, injury to life, body or health and mandatory statutory liability. For ordinary negligence, liability applies to breach of essential duties enabling contract performance and on which the customer may normally rely, limited to foreseeable damage typical of the contract. Otherwise liability for ordinary negligence is excluded where lawful. Express guarantees and mandatory claims remain unaffected.
External disruption and force majeure
For disruption beyond reasonable control and not attributable to a party, the parties promptly inform each other and coordinate mitigation and next steps. Examples include widespread power or network failures and official intervention. Contract and law determine any effect on performance or payment duties. This does not create a blanket exemption from a party’s own preparedness duties.
Term, termination and handover
For recurring services, the contract defines start, term, renewal and ordinary termination. Applicable law governs where no valid specific provision exists. Termination for cause remains available. Notices should be sent in text form to the agreed contact address, subject to mandatory formalities. At contract end the parties coordinate access, export, retention and deletion. Additional transition work requires agreement on scope and any fee. Ending portal access does not terminate other services.
References and communications
Customer names, logos, quotations and identifiable results are published only with an appropriate authorisation. General technical knowledge may be used while preserving confidentiality and data protection. Operational coordination uses email and agreed ticket or portal systems. The parties establish who may give binding approvals at the start. Stricter statutory or contractual formalities continue to apply.
Governing law and invalid provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods where lawful. A jurisdiction agreement is made only where legally permitted; business status alone does not make every customer a merchant. Mandatory jurisdiction remains. Invalid terms are replaced by statutory provisions. The remainder continues to the extent provided by law; no automatic reduction of an invalid term to the maximum permissible scope is agreed.