Terms and Conditions
Graham Miranda UG (haftungsbeschränkt)
https://services.grahammiranda.com
Valid from: 15 December 2025
§ 1 Scope
These T&C govern the business relationship between:
- Provider: Graham Miranda UG (haftungsbeschränkt), HRB 36794
- Customer: Any person or company using our services
These T&C apply to all IT services:
- IT consulting and advisory
- Web hosting
- Managed web services and managed email services
- Website development
- SEO and search engine optimization
- eSIM and other IT services
§ 2 Contract Conclusion
The customer's order constitutes a binding offer. The provider accepts by written confirmation, invoice issuance, or service delivery.
§ 3 Contract Term and Termination
Termination Notice Periods:
- Monthly contracts: 14 days to month-end
- Annual contracts: 30 days to contract anniversary
Right to terminate for material breach with 14-day notice period.
§ 4 Prices and Payment
- Prices: Net prices + 19% VAT
- Payment Term: 14 days net from invoice date
- Payment Methods: Bank transfer, credit card, SEPA direct debit
- Late Payment Interest: 8% above base rate p.a. (minimum 5% p.a.)
§ 5 Services and Availability
The provider guarantees:
- 99.5% availability on monthly average
- Daily backups (30 days online)
- 24/7 system monitoring
- Security updates applied automatically
Planned maintenance (max. 2h/month) excluded.
§ 6 Customer Obligations
The customer is responsible for:
- Security of login credentials
- Independent data backup (separate from provider backups)
- Legality of hosted content
- Prohibition: Spam, malware, DDoS attacks, phishing
§ 7 Right of Withdrawal
For Consumers (B2C):
- Right to withdraw: 14 days after contract conclusion
- Exception: Services already started
For Businesses (B2B):
- No right of withdrawal
§ 8 Warranty
- Consumers: 2 years
- Businesses: 12 months
Defects must be reported immediately.
§ 9 Limitation of Liability
The provider is liable without limit for:
- Intentional acts and gross negligence
- Death, personal injury
- Data protection breaches (GDPR)
- Product liability
For ordinary negligence, liability limited to:
- Consumers: Annual fee
- Businesses: IT liability insurance (€300k / €3M)
Excluded:
- Lost profits
- Business losses
- Consequential damages
- Reputational damage
§ 10 Data Protection
- Processing per GDPR and our privacy policy
- Sub-processors: Odoo, CloudFlare, HostKey, AWS, Google
- Data Processing Agreement provided if needed
§ 11 Intellectual Property
Customer-provided content remains customer property. Content created by provider is transferred upon payment.
§ 12 Governing Law
- Law: German law
- Jurisdiction for Businesses: Blankenburg (Harz)
- Jurisdiction for Consumers: Consumer's domicile or Blankenburg
Valid from: 15 December 2025 / 15. Dezember 2025
Last Updated: 15 December 2025 / 15. Dezember 2025