Scope and contracting party
These terms apply to contracts for software, API services, hosting, storage, domains and DNS concluded with Bernd Linder and Markus Kunkel, jointly trading as Everworkx. Individual agreements and the selected offer take precedence.
Conclusion of contract
Product pages and prices are invitations to submit an order. An order or activation request is binding only after acceptance by Everworkx, activation of the service or a separate confirmation. Input errors can be corrected before submission.
Services and customer cooperation
The agreed specification, tariff and service description define the scope. Customers must provide correct data, protect credentials, maintain suitable backups unless a backup service is expressly included, and use services lawfully. Maintenance, security work and circumstances outside reasonable control may temporarily restrict availability.
Domains
Domain registration is subject to availability and the rules of the relevant registry. Premium prices, local presence requirements and registry terms may apply. A successful search does not guarantee registration until confirmed by the registry.
Prices, billing and default
The price and billing period shown at order time apply. Usage-based services are billed by measured use. Domain and third-party prices may require confirmation before activation. Invoices are due on the stated date. Statutory rights apply in the event of late payment.
Term, renewal and termination
The selected tariff states the minimum term and renewal period. Where no term is stated, recurring services run monthly and may be terminated to the end of the current billing period. Registry deadlines may require earlier termination of domains. The right to terminate for cause remains unaffected.
Defects and digital products
Statutory defect rights apply. Customers must provide reasonable information needed to reproduce and remedy an issue. Mandatory consumer rights for digital products remain unaffected.
Liability
Liability is unlimited for intent, gross negligence, injury to life, body or health, guarantees and mandatory statutory liability. For slight negligence concerning essential contractual duties, liability is limited to the foreseeable typical damage. Otherwise, liability for slight negligence is excluded where legally permissible.
Consumer cancellation rights
Consumers generally have a statutory right of withdrawal for distance contracts. The applicable cancellation notice, model form and any request for early performance must be provided separately before the binding order. Mandatory consumer rights remain unaffected.
Final provisions
German law applies without depriving consumers of mandatory protection in their country of residence. Statutory jurisdiction rules apply. The provider is not willing or obliged to participate in consumer arbitration proceedings.
API services, credentials and usage measurement
API access is personal to the customer account. Keys and tokens may not be published, transferred or used to bypass technical limits. Billable calls, jobs, batches and other units are measured according to the tariff. Retries initiated by the customer application may create additional usage. Customers are responsible for suitable timeouts, retry limits and cost controls.
Acceptable use and protective measures
Services may not be used for unlawful content, attacks, malware, phishing, unsolicited bulk messages, rights violations, unauthorized scanning, circumvention of limits or interference with systems and third parties. Everworkx may temporarily limit or suspend affected access where necessary to avert danger, comply with law or protect infrastructure and other customers. Where circumstances permit, the customer will be informed and given an opportunity to remedy the issue.
Hosting, servers, storage and backups
For self-managed systems, the customer is responsible for operating system configuration, updates, application security and data backups unless these tasks are expressly included. Switching off a resource does not end billing where the resource remains allocated. IP addresses and technical assignments may change where operationally necessary. Included traffic, storage and resource limits follow the selected tariff.
Software licences, updates and third-party components
Software is licensed, not sold, within the scope stated for the product. Unless expressly permitted, decompilation, redistribution, removal of protection mechanisms and use beyond the licensed account or system are prohibited. Open-source and third-party components remain subject to their respective licence terms. Update and support periods follow the product description.
End of service, export and deletion
Before termination takes effect, customers must export data they wish to retain. After the service ends, access may be disabled and customer content deleted after a reasonable technical processing period, subject to statutory retention duties and agreed backup periods. Domain transfers require timely cooperation and any applicable authorization codes.
Data processing on behalf of customers
If Everworkx processes personal data on behalf of a customer through the contracted service, the parties conclude a data processing agreement where legally required. The customer remains responsible for the lawfulness of the processing, instructions, data subject information and configuration of the service.
Business customers and right of withdrawal
A customer acting in the course of a commercial or independent professional activity is an entrepreneur. Entrepreneurs do not have the statutory consumer right of withdrawal. Where an offer is expressly directed only at business customers, the customer confirms this status when ordering. A person ordering predominantly for private purposes remains a consumer; mandatory consumer rights cannot be waived through these terms.
Customer responsibility for backups
The customer alone is responsible for regular, complete and restorable backups of all data, configurations and content. Backups must be stored independently outside the systems and storage provided by Everworkx and must be tested before changes, updates or migrations. Any backup copies, snapshots or recovery attempts voluntarily created by Everworkx are goodwill technical measures only. They are not part of the contracted service, do not create a claim to a particular frequency, retention period, completeness or successful recovery, and may be modified, restricted or discontinued at any time without replacement. The customer may not rely on them as the sole backup. Mandatory statutory liability remains unaffected.
Data Processing Agreement under Article 28 GDPR
This annex forms part of the main contract without separate signature whenever Everworkx processes personal data on behalf of the customer. It takes precedence for matters of commissioned processing.
AVV 1. Parties and roles
The customer is the controller and determines purposes and essential means. Bernd Linder and Markus Kunkel, jointly trading as Everworkx, act as processor and process data only to provide the agreed service and on documented instructions, unless Union or Member State law requires otherwise.
AVV 2. Subject matter and duration
Processing covers provision and operation of hosting, servers, storage, DNS, email, software, APIs, monitoring, support, maintenance, security and related administration. Its duration follows the main contract and any technically necessary deletion period.
AVV 3. Nature, purpose, data and data subjects
Operations may include collection, storage, transmission, retrieval, organization, logging, analysis, restriction, deletion and recovery for service delivery, security, troubleshooting and support. Data may include contact, account, communication, content, domain, identifier, usage, log and technical connection data. Data subjects may include the customer, employees, users, visitors, customers, suppliers and communication partners of the customer. Special categories of data may be processed only where expressly agreed and appropriately protected.
AVV 4. Instructions and unlawful instructions
The main contract, configuration selected by the customer and instructions in text form constitute documented instructions. Everworkx informs the customer if an instruction is considered to infringe data protection law and may suspend it until clarified. Additional effort beyond the contracted service may be charged after notice.
AVV 5. Confidentiality and access
Persons authorized to process data are bound to confidentiality and receive access only as needed. Everworkx applies appropriate access, authentication and authorization controls.
AVV 6. Technical and organizational measures
Measures appropriate to risk include encrypted transport, password hashing, role-based access, system separation where appropriate, logging, patch and vulnerability management, rate limits, availability protection and procedures for restoration where contractually provided. Measures may be developed further without reducing the agreed protection level.
AVV 7. Subprocessors
The customer grants general authorization to use hosting, data-center, network, domain, email, security, support and other technical providers required for service delivery. Everworkx imposes equivalent data protection obligations. Material changes will be announced through the customer area or in text form where reasonably possible. The customer may object for a substantiated data protection reason; if no reasonable alternative exists, either party may terminate the affected service.
AVV 8. Support, data subject requests and incidents
Taking into account the nature of processing and available information, Everworkx reasonably assists with data subject rights, security obligations, impact assessments and supervisory consultations. Requests received directly concerning customer data are forwarded where identifiable. Personal data breaches affecting commissioned data are reported to the customer without undue delay with the available information. The customer remains responsible for regulatory notifications.
AVV 9. Evidence and audits
Everworkx provides information reasonably necessary to demonstrate compliance. Audits must be proportionate, announced in advance, coordinated during business hours and protect other customers and trade secrets. Existing reports and documentation should be used first. Customer-specific external audits and additional effort may be charged unless a material breach by Everworkx is established.
AVV 10. Return, deletion and backups
After the main service ends, commissioned data is returned in an available standard format where agreed or deleted at the customer’s choice, unless law requires retention. Data remaining in technical backup cycles is blocked from normal use and overwritten according to the applicable cycle. The voluntary-backup clause in these terms does not create a backup service obligation.
AVV 11. International transfers and priority
Transfers outside the EEA require a lawful mechanism. Everworkx may use adequacy decisions, standard contractual clauses and supplementary measures as appropriate. This annex prevails over conflicting provisions for commissioned processing; otherwise the main contract and these terms remain applicable.