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Conclude a maintenance contract

On this page, you choose your plan, enter your details and conclude the contract. You will need the access details for your website and your billing details. Then we set every­thing up.

  • Contract on this pageThe full contract text is on this page
  • Fixed monthly priceFixed price per month, cancel monthly
  • One contact personHTMLHELD as your contact from day one

This English version is provided for convenience. The German version is legally binding.

Process on this page
  • 1Choose a plan PLUS, PREMIUM or SHOP
  • 2Enter your details Company, billing, access
  • 3Conclude the contract directly, by signature or by PDF
  • 4We set up your website Nothing else for you to do
Encrypted trans­mis­sion.

Step 1: Choose a plan

Three plans, billed per website and month.The services are the same except for backup frequency and focus.

€227 / month plus VATView contract
€527 / month plus VATView contract
€927 / month plus VATView contract

All plans include the core services and can be cancelled monthly.: by the 15th for the next month, after that for the month after next.Prices per website and month, plus 19% VAT.

Step 2: Your details

Everything we need to get started: your contact details, your billing details and access to your website.

Company
The person we contact if we have ques­tions.
Billing
The invoice is sent monthly to the billing email.
Website
WordPress loginRequiredAn admin­is­trator account is enough to start.
FTP / SFTPRecommendedFile access to the web space.
HostingOptionalYour host's customer area.
With FTP or SFTP and hosting access, we can handle more directly.

Step 3: Finalize

Check the summary and choose how you would like to conclude the contract. All three options lead to the same contract.

Summary Your contract
  • Plan Not chosen yet Change
  • Price Not set yet
  • Term Monthly no minimum term
  • Cancel­la­tion By the 15th of a month for the next month after that, the month after next
  • Services (§ 2) BackupBackups 4x dailyRecovery after a hack or failureOperation and protec­tionMonitoring around the clockSafe updatesProtection against attacks and malwareServiceChanges up to 1 hour per monthSupport ticket system
  • Contract text PLUS contract in detail
Contract version: as of the current month, as shown on this page.
How would you like to conclude the contract?
Conclude directly Option 1 of 3

By submitting, you make a legally binding declaration of intent. We confirm the contract in writing, with the time and contract version.

Transmitted encrypted and stored by us: your details, the chosen plan and the contract version.

Then we take over

As soon as we have the contract and access details, we set up your website. You do not need to do anything else. You receive the contract confir­ma­tion in writing, and shortly after, your access to the customer area.

  • Requests via the customer area instead of email threads, nothing gets lost
  • Replies as quickly as possible, most urgent first
  • Changes of up to 1 hour per month included
Setting up your website in this order
  • Access checked WordPress, FTP
  • Backups set up 4x daily, hourly or dynamic
  • Monitoring active 24 hours a day
  • Initial review of the website Updates, security
  • Customer area acti­vated Your access
From here on, a message in the customer area is all it takes.

The contracts in detail

The three maintenance contracts PLUS, PREMIUM and SHOP are shown here in full.

What every contract contains:

The contracts differ only in the scope of services (§ 2 (1)) and in price (§ 4 (1)). Our obligation is the same in all of them: your website runs, secure and up to date. The price follows the effort; an online shop takes more work than a busi­ness website.

The contract begins when you conclude it and renews monthly. Within the first 30 days, we may withdraw without giving reasons; in that case, there is no invoice.

Fees and cancel­la­tion same in all three contracts
  • Fees (§ 4, § 5)Flat fee per website and month, payable at the end of the month.
  • Cancel­la­tion (§ 7)By the 15th of a month for the next month, after that for the month after next.
Key points same in all three contracts
  • Services (§ 2)Backups, monitoring, safe updates, recovery, hardening, malware protection, changes, ticket system.
  • Customer rights (§ 3)You control the content of the website; we act on your instruc­tions. You can replace content yourself and get information on status and work at any time.
  • Deletion after the contract ends (§ 2 (6) and (7))All data and backups are deleted. Handing over backup data is excluded and, due to the encryption, tech­ni­cally not possible.
  • Intel­lec­tual property (§ 3 (8))The website, its content and the information you provide remain entirely yours.
Each contract is shown in full directly below.

Maintenance contract PLUS

MAINTENANCE CONTRACT “PLUS” As of current

§ 1 Subject matter of the contract

  1. The subject matter of this contract is the maintenance of the spec­i­fied website(s).
  2. The contract is concluded between the “Service Provider” and the “Customer”: Service Provider: HTML­HELD A service of Alphaformat UG (haftungs­beschränkt), Ohlmüllerstr. 14, 81541 München Customer: entered upon conclu­sion
  3. The Service Provider is obliged to maintain the following website(s) on an ongoing basis: entered upon conclu­sion

§ 2 Obligations and rights of the Service Provider

  1. Maintenance of the website(s) as follows
    1. Backups: 4x/day
    2. Uptime monitoring (monitoring for outages)
    3. Safe plugin/theme updates
    4. Restoration from backup
      1. in the event of hacking
      2. in the event of a tech­nical defect
    5. Protection against external attacks
    6. Malware protection
    7. Individual changes included (up to 1h/month - “fair use”)
    8. HTMLHELD support ticket system
  2. The Service Provider undertakes to monitor the usability of the website(s) at reasonable intervals and to remedy any functional defects by restoring backups or by manual repair.
  3. The Service Provider is obliged to handle the login data of the website(s) with care and to prevent misuse of the login data by third parties by taking reason­able measures.
  4. The Service Provider is obliged to handle the Customer's confi­den­tial information with care and to prevent access or misuse by third parties by taking reasonable measures. The Service Provider undertakes not to pass on any information from the existing contractual rela­tion­ship to third parties without the Customer's express consent.
  5. Information of any kind is passed on to vicarious agents only to the extent necessary, i.e. only information that is required to carry out the tasks is explicitly passed on.
  6. After the end of the contractual rela­tion­ship, the Service Provider deletes all existing information, data and backups (online and offline) of the main­tained website(s).
  7. Subsequent restoration, or handing over the backup data to the Customer or third parties, is expressly excluded.
  8. The Service Provider has the right to use vicarious agents to perform its contrac­tual oblig­a­tions.
  9. The Service Provider may, at its own discretion and without prior agreement with the Customer, make changes to the website(s), in terms of content or technology, that serve the specific purpose of ensuring the usability of the website(s). This includes changes to the code (of any kind), inserting or removing third-party code, as well as database and hosting changes.
  10. The Service Provider may inde­pen­dently make changes to the appearance of the website(s) if this has become necessary due to changes in software used, e.g. because a software has been changed funda­men­tally and an exact version identical in form is no longer technically possible on the part of the soft­ware manu­fac­turer.
  11. The Service Provider has the right to collect user-related data of all admin­is­tra­tive users of the website(s), in particular in the form of activity logs in the “backend”, in order to check the security of the website(s) and to monitor and document changes made by other users. Records are stored only on the Customer's website and are auto­mat­i­cally deleted every 30 days according to their creation date.

§ 3 Obligations and rights of the Customer

  1. The Customer provides the Service Provider with all necessary access details promptly and, in the event of a change, keeps them up to date on its own initia­tive.
  2. The Customer undertakes to always inform the Service Provider fully before making changes to the website, in order to rule out incom­pat­i­bil­i­ties. The Customer alone is responsible for damage caused by the Customer's direct actions, and the Customer is not entitled to any repair service from the Service Provider as an included service of this main­te­nance contract.
  3. The Customer provides the Service Provider with data, files and changes.
  4. The Customer agrees that the Service Provider places a note and link in the legal notice (Impressum) of the website(s) informing about the Service Provider's active maintenance and any individual work performed. This can be revoked at the Customer's request before the start of maintenance or at any time. The Customer may also remove the note on its own at any time.
  5. The Customer has the right to replace content, text and images, on its own, as long as the new content corresponds exactly in nature and form to the replaced content. The Customer is not entitled to the repair of errors caused by such changes made by the Customer if this goes beyond the included contractual services under §2.
  6. The Customer undertakes to check and ensure, on its own respon­si­bility, compliance with the provisions of the General Data Protection Regulation (GDPR) for all of its systems. The Service Provider is released from any liability for violations of the GDPR by the Customer.
  7. The Customer has the right at any time to receive information from the Service Provider about the condition of its website(s) and about current or past work. Any further claims to information, in particular regarding the Service Provider's time spent, are subject to the conditions of §4.3.
  8. The Customer retains full intel­lec­tual property in all website(s), their content and the information it has provided. The Customer may at any time, without giving reasons, demand the complete deletion of all data the Service Provider holds about the Customer or its website(s). This applies in particular when exercising the rights under §7. Handing over the data to be deleted is strictly excluded.

§ 4 Remuneration

  1. A monthly flat fee of €227 plus 19% VAT applies for each website to be covered by this contract.
  2. Individual work is always rounded up to the next full hour.
  3. For work that goes beyond the services owed by the Service Provider under §2, an hourly rate of €77 plus 19% VAT is deemed agreed.
  4. This agreement establishes a fair use principle. This means that the Service Provider decides at its own discretion to what extent additional services beyond the contrac­tu­ally agreed scope are provided to the Customer. For all services exceeding this scope, the Service Provider reserves the right to add them to the Customer's next invoice. The Customer hereby expressly agrees to this. Services provided as a gesture of goodwill are not enforceable and are always regarded as voluntary services of the Service Provider.
  5. There is no right of withdrawal from an agreed individual service once the Customer has confirmed the individual agreement on the service and the Service Provider has already started the work. If the Customer withdraws from the individual service agreement, the full amount of the agreement becomes due imme­di­ately.

§ 5 Terms of payment

  1. The Customer receives monthly invoices for the outstanding fees.
  2. The Customer receives invoices for individual services either collec­tively with the invoice for the maintenance contract or promptly after completion of the respec­tive work.
  3. The payment period is 30 days from the invoice date.
  4. Additional terms of payment are stated on the individual invoices and apply depending on indi­vidual agree­ments.
  5. In the event of significant payment default, the Service Provider is entitled to refuse or withdraw performance until payment is received.
  6. Claims may expressly be assigned to vicarious agents in the form of payment service providers.

§ 6 Warranty and liability

  1. The Service Provider is liable, on whatever legal grounds, within the scope of the statutory provisions only in accordance with the following clauses.
  2. The Service Provider is not responsible for the content provided by the Customer. In particular, the Service Provider is not obliged to check the content for possible legal violations. Should third parties make claims against the Service Provider for possible legal violations resulting from technical or content components of the website(s), the Customer undertakes to indemnify the Service Provider against any liability.
  3. In the case of slight negligence, the Service Provider is only liable for breach of essential contractual obligations (cardinal obligations), for personal injury and under the Product Liability Act (Produk­thaf­tungs­ge­setz).
  4. The Service Provider is only liable for damage resulting from injury to life, body or health and for damage based on intent or gross negligence on the part of the Service Provider or one of its legal repre­sen­ta­tives or vicarious agents. Liability for damage due to non-compliance with a guarantee given by the Customer or due to a defect fraud­u­lently concealed or not known to the Customer is expressly excluded.
  5. Claims for damages for downtime are excluded by this contract. No damages can be claimed for loss of revenue or any other damage if the Service Provider was able to restore the original state from a backup within a reasonable period. Furthermore, the Service Provider is also not liable if, due to the Customer's fault or extreme circum­stances, e.g. server damage, force majeure, etc., a backup and a restoration are not possible promptly or not possible at all.
  6. The Service Provider accepts no liability for damage arising from a (technical) circum­stance within the Customer's sphere (in particular the server and software environment) or caused by the Customer's actions. Furthermore, the Service Provider accepts no liability for the content of the website for which the Customer is responsible (this also includes possible rights of third parties based on their intel­lec­tual prop­erty).
  7. In all other respects, the pre-contractual, contractual and non-contractual liability of the Service Provider is limited to intent and gross negligence, whereby the limitation of liability also applies in the event of fault on the part of a vicarious agent of the Service Provider.
  8. Insofar as the service owed by the Service Provider depends on circum­stances over which the Service Provider has no influence (in particular, but not limited to, advisory services such as layout, SEO, etc.), the Service Provider expressly does not owe any specific, quan­ti­ta­tive and/or economic success.
  9. The Customer acts as an entre­pre­neur within the meaning of § 14 BGB. The warranty period is one year. After the end of the contractual rela­tion­ship, the Customer has no warranty claims.

§ 7 Term & cancellation

  1. The Customer may cancel the maintenance contract by the 15th of the month for the following month. From the 15th of the month, cancel­la­tion is only possible for the month after next. Otherwise, the contract is auto­mat­i­cally extended by the term of the next month.
  2. The Service Provider may terminate the contract for good cause and stop performance with immediate effect, e.g. if
    1. the Customer persis­tently breaches its obligations to cooperate under § 3 of this contract.
    2. the Customer leaves due invoices unpaid despite a reminder and the setting of a deadline, under § 5 of this contract.
  3. The Service Provider may withdraw from the contract with immediate effect within 30 days after the start of the contract, without giving reasons. In that case, no remu­ner­a­tion is payable by the Customer and no services are owed by the Service Provider.
  4. Either party may cancel the contract extension by written notice by the 15th of the month for the following month, without giving reasons.

§ 8 Final provisions

  1. This contract is governed exclusively by German law.
  2. Both parties agree that they are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
  3. The content of this contract is valid as it stands in machine-printed form. Any changes of any kind to the contract text, e.g. handwritten, using a PDF editing program or similar, are void and affect neither the validity nor the content of the contract.
  4. Any side agreements require the handwritten signature of the Service Provider and the Customer, in dupli­cate.
  5. Should individual provisions of this contract be invalid or lose their validity due to a later circum­stance, the validity of the remainder of the contract remains unaffected. The invalid provisions shall be replaced by a provision that comes closest to what the contract intended to express with the invalid clause. The same applies to any gaps in this contract.
Download PDF (German) Choose contract PLUS