Terms and Conditions

1. Scope and Contracting Party

These Terms and Conditions ("Terms") apply to all contracts between Ingmar Konnow, Rudolf-Leonhard-Str. 4, 01097 Dresden, Germany ("Provider"), and clients for all services and deliveries of the Provider, including but not limited to consulting, creative, software, and IT services (e.g., concept, content, brand/communication consulting, UX/UI, architecture, implementation, administration, support, training). They apply equally to oral, telephone, electronic, and implied (conclusive) engagements; the Terms become part of the contract at the latest upon use of the services and also apply to future transactions with the same client without requiring renewed consent. Client terms deviating from or supplementing these Terms only apply if expressly agreed by the Provider. Individual agreements in text form (e.g., email) take precedence. A contract is concluded at the latest when the client requests services or the Provider acts with the client's knowledge (including by phone, electronically, or conclusive conduct); the absence of a written form does not prevent contract formation. Billing is pursuant to Sec. 6.

Contact:

• Phone: +49 (0)173 9087237
• Email: ingmar@konnow.de

Last Updated: 21 August 2025

2. Services

Services include in particular, without limitation:

• The Provider delivers services in IT administration, system operations, troubleshooting, support (on-site and remote), documentation, and project execution.
• Strategic consulting for the creative industries and for digital products/services, including concept, content strategy, brand and communication concepts, UX/UI, information architecture, as well as the creation of creative content, processes, and guidelines.
• Design services (e.g., graphic, layout, web/interface design, creation of brand assets and templates).
• Training, workshops, and coaching (planning, delivery, materials, enablement).
• Prototyping/Proof-of-Concepts and validation (product/service discovery, hypothesis testing).
• Project and program management (PMO) as well as interim management in the digital domain.
• Consulting, architecture, and implementation in software/IT (e.g., automation/DevOps, cloud, security-by-design), including building and scaling IT service infrastructures, toolchains, workflows, documentation, and governance.
• Taking on leadership and line responsibilities in the digital domain (e.g., external head of digital); remuneration is determined by the nature and scope of the work and the entrepreneurial overheads of a self-employed provider (see Sec. 6).
• Unless expressly agreed as a work contract (Werkvertrag), services are provided as services within the meaning of a service contract (Dienstvertrag, Sec. 611 BGB) without a guaranteed success.
• The Provider uses open-source software where suitable (including RustDesk for remote support) and operates own servers for these services at Hetzner in Germany.

3. Remote Support (RustDesk, self-hosted)

• Remote sessions are run over a self-hosted RustDesk infrastructure (rendezvous/relay server); server location is Germany (Hetzner).
• Security measures: TLS-encrypted connections; hardened servers (firewall/port rules, Fail2Ban, reverse proxy); access protected with two-factor authentication; devices are secured via biometrics/PIN.
• No recordings: The Provider does not create screen recordings or screenshots and does not take content logs of sensitive data during sessions.
• Session confidentiality: Access to the client’s screen is restricted to the Provider; third parties do not participate in sessions.
• Client cooperation: The client ensures that only data necessary for the resolution of the issue is visible and informs the Provider in advance about particularly sensitive content.

4. Collaboration and Data Exchange (Nextcloud)

• For data exchange and collaboration, a self-hosted Nextcloud instance (Hetzner, Germany) may be used.
• Access is strictly TLS-encrypted; user accounts are protected with two-factor authentication.
• Where the Provider processes personal data on behalf of the client, a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR will be concluded (see Sec. 8).

5. Client Obligations to Cooperate

• The client shall provide all information, access, and approvals required to deliver the services.
• The client is responsible for regular, risk-appropriate backups and ensures a current backup before interventions (especially remote support).
• The client cooperates in troubleshooting (e.g., providing logs, error descriptions) and provides a test environment where necessary.
• The client provides a safe working environment at the place of performance in compliance with occupational health and safety regulations and is liable for damages caused by hazards within its sphere of responsibility.
• The client is responsible for the legal permissibility (including trademark, copyright, competition, and data protection law) of client-provided content, specifications, and instructions; the client shall indemnify and hold the Provider harmless from third-party claims arising therefrom.

6. Fees, Invoicing, and Payment Terms

• Fee structure (tiered): Minimum hourly rate €90.00 net; depending on the type of service, market-appropriate rates of a self-employed service provider apply (plus statutory VAT, if applicable). Unless agreed otherwise, the price category for the commissioned service applies.
• Reference ranges (net) per hour:
  • IT administration/support €90–120
  • consulting/engineering (DevOps/Cloud/Security, prototyping/PoC) €110–150
  • architecture/UX/strategy/brand/IA €120–170
  • project/program management/interim management €130–180
  • training/workshops/coaching €110–160 (alternatively a daily rate by agreement)
  • emergency/out-of-hours surcharge 25–50%.
  • Rate determination within the range: factors include complexity and scope, responsibility/risk, urgency/schedule pressure, required specialization, and market demand/current workload.
• Remuneration obligation: Fees accrue for every service rendered, irrespective of success, starting with the first time unit consumed.
• Time units: Billing in 15-minute increments; any started unit is billed.
• Minimum charge: 15 minutes per assignment/appointment/remote support session.
• Expenses (e.g., travel, parking, consumables) are charged as actually incurred unless otherwise agreed in advance.
• Alternative remuneration models (e.g., flat fees, contingents, success-based fees) apply only if agreed in advance in text form.
• Optional pro bono/appreciation: At the Provider’s discretion, brief initial contacts may be provided free of charge (e.g., to initiate a business relationship); there is no entitlement to this. As an expression of appreciation, voluntary donations are welcome; donations do not replace agreed remuneration.

• Payment term: 14 days net from invoice date. Payments shall be made to the account specified on the invoice.
• Early payment discount: only if expressly agreed in advance; otherwise no discount applies.
• Default: For business clients, default occurs without reminder at the latest 14 calendar days after due date and receipt of the invoice; for consumers, statutory requirements apply.
• Default interest: For business clients, 9 percentage points above the base interest rate; for consumers, 5 percentage points (Sec. 288 BGB).
• Default fee (B2B): Additionally €40.00 pursuant to Sec. 288(5) BGB.
• Further damages: The right to claim further default damages, reasonable dunning, collection, and legal enforcement costs is reserved.

7. Service Time, Deadlines, Default

• Dates and response times are, unless expressly confirmed, non-binding and depend on availability and the client’s prior contributions.
• If the client is in default of payment, the Provider may withhold further services until payment is made.

8. Data Processing (Art. 28 GDPR)

• Where the Provider processes personal data on behalf of the client (e.g., during remote support, administration, or when using the Nextcloud instance), a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR will be concluded prior to commencement.
• Subprocessors are limited to necessary infrastructure providers (in particular, Hetzner Online GmbH). A list is available on request.
• Technical and organizational measures (TOM) are set out in the DPA; a summary is provided in the Privacy Policy.

9. Confidentiality

• The Provider undertakes to keep confidential all business and trade secrets and personal data of the client that become known in the course of the engagement.
• This obligation continues after termination of the contractual relationship.

10. Intellectual Property and Usage Rights

• Copyright in deliverables created by the Provider (e.g., scripts, configurations, documentation, concepts, content) remains with the Provider.
• Subject to full payment, the client receives non-exclusive, non-transferable usage rights to the extent agreed in the contract for internal use. Any broader rights require a separate agreement.
• Content provided by the client remains the client’s property/rights; the client grants the Provider the rights necessary to perform the services.

11. Liability

• Mandatory liability under applicable law remains unaffected, in particular for damages resulting from injury to life, body, or health, and in cases of intentional or grossly negligent breaches of duty by the Provider or its vicarious agents.
• In cases of slightly negligent breach of essential contractual duties (cardinal obligations), liability is limited to typical, foreseeable damages; for slightly negligent breaches of non-essential duties, liability is excluded.
• In cases of slight negligence, claims for lost profits, production downtime, and indirect or consequential damages are excluded.
• For data loss, the Provider is liable only to the extent that the damage would also have occurred with proper data backups performed by the client; liability is then limited to the typical restoration effort.
• The Provider is not liable for disruptions beyond its control (e.g., outages of network operators, power supply, hardware defects, third-party software/services) or for delays/performance issues due to insufficient cooperation by the client.
• The client shall indemnify and hold the Provider harmless from all third-party claims based on client-provided content, data, materials, systems, or instructions, including reasonable costs of legal defense.

12. Warranty

• For work results (Werkleistungen), statutory warranty applies; the Provider is initially entitled to subsequent performance (remedy).
• For services (Dienstleistungen), no specific outcome is owed; see Sec. 2 (service contract).

13. Force Majeure

Events of force majeure (e.g., natural disasters, war, pandemics, labor disputes, official orders) release the parties from their performance obligations for the duration and scope of the impact. The parties shall inform each other without undue delay.

14. Governing Law and Venue

• German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection law remains unaffected.
• If the client is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction is Dresden.

15. Final Provisions

• Side agreements, amendments, and supplements must be in text form (email is sufficient), unless a stricter form is required by law.
• Should any provision of these Terms be invalid, the validity of the remaining provisions shall not be affected. The statutory provision shall apply in place of the invalid provision.

Note: These Terms apply to contracts with businesses (B2B) and consumers (B2C). For consumer contracts, mandatory consumer protection provisions apply (including rights of withdrawal). Any provisions intended exclusively for businesses do not apply to consumers.

16. Withdrawal Right for Services (Consumers/B2C only)

• Principle: For distance and off‑premises service contracts, consumers generally have a 14‑day right of withdrawal (Secs. 312g, 355 et seq. BGB), unless a statutory exception applies.
• Expiry upon full performance: In service contracts, the withdrawal right expires if the Provider has fully performed the service after the consumer expressly consented to the Provider beginning performance before the end of the withdrawal period and acknowledged awareness that the right is lost upon full performance (Sec. 356(4) BGB).
• Proportionate value if started during the period: If the consumer requests performance to begin during the withdrawal period and later withdraws, the consumer must pay proportionate value for the services provided up to the time of withdrawal (Sec. 357(8) BGB).
• Exception for urgent on‑site troubleshooting/repair/maintenance of existing systems: Where, at the consumer’s express request, the Provider performs such services at the consumer’s premises, no withdrawal right exists with respect to the services actually provided (Sec. 312g(2) No. 11 BGB). This may include security incidents or acute data protection risks. This does not affect additional non‑urgent services or delivered goods. Remote services generally do not fall under this exception.