# Terms and conditions for 1x1-WorkOrderAgent > Terms and conditions of 1x1 IT-Solutions for 1x1-WorkOrderAgent (SaaS): conclusion of contract, fees, term and liability. May 2026, version 1.0. Source: https://1x1it.de/en/agb/ This English translation is provided for convenience. Only the [German version](https://1x1it.de/en/agb/) is legally binding. for the use of 1×1-WorkOrderAgent (WoA) Version date: May 2026 · Version 1.0 ## Provider 1x1 IT-Solutions Owner: Stefan Bauerfeindt (sole proprietorship) Address: Lieperstr. 8, 14715 Märkisch Luch Email: [info@1x1it.de](mailto:info@1x1it.de) Phone: [0173 644 22 17](tel:+491736442217) VAT ID: DE258332843 Hereinafter referred to as the “Provider”. ## § 1 Scope, B2B nature (1) These general terms and conditions (hereinafter “Terms”) apply to all contracts between the Provider and the Customer for the provision of the software 1×1-WorkOrderAgent (hereinafter “WoA” or “Software”) and related hosting and service work. (2) The Provider’s offer is aimed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law. Consumers within the meaning of § 13 BGB are expressly excluded from use. (3) Deviating, conflicting or supplementary general terms and conditions of the Customer do not become part of the contract unless the Provider expressly agrees to their validity in writing. (4) The version of these Terms valid at the time the contract is concluded applies. ## § 2 Subject of the contract, description of services (1) The Provider makes 1×1-WorkOrderAgent available to the Customer as a web-based software-as-a-service application (SaaS). The specific range of functions and services is set out in the plan description on the Provider’s website valid at the time the contract is concluded and in the order confirmation. (2) The Software runs on servers in a German data centre. Specific hosting providers and locations are named transparently in the data processing agreement (AVV). (3) The Provider reserves the right to continuously develop, extend or functionally adapt the Software, provided that the contractual benefit is not significantly reduced as a result. Significant functional changes will be announced to the Customer with reasonable advance notice. ## § 3 Conclusion of contract (1) The presentation of the plans on the Provider’s website does not constitute a binding offer, but an invitation to submit an offer (invitatio ad offerendum). (2) By booking via the contact form, by email or by phone, the Customer submits a binding offer to conclude a contract. The contract is concluded when the Provider accepts this offer with an order confirmation in text form (email is sufficient). (3) The Provider is entitled to reject offers without giving reasons, in particular if server capacity is exhausted or there are concerns about creditworthiness. ## § 4 Rights of use in the Software (1) For the term of the contract, the Customer receives a simple, non-exclusive, non-transferable and non-sublicensable right to use the Software over the internet to the agreed extent. (2) Reproduction, modification, decompilation or reverse engineering of the Software is permitted only within the limits of §§ 69d, 69e UrhG (German Copyright Act). Passing on the Software or access credentials to third parties is prohibited. (3) All copyrights and other property rights in the Software remain with the Provider. The Customer’s right to use the content created with the Software (receipts, documents, data) is not affected. (4) The permitted number of users depends on the plan booked. Additional user licences must be purchased for a fee. ## § 5 Customer’s obligations to cooperate (1) The Customer must keep the access credentials secret and protect them from unauthorised access by third parties. The Customer is liable for all activities carried out under its access credentials, unless it proves that it is not responsible for the misuse. (2) The Customer ensures that content it enters into the Software does not violate applicable law or the rights of third parties. The Customer indemnifies the Provider against all third-party claims arising from unlawful content of the Customer. (3) The Customer is responsible for its own regular data backups. The Provider does create daily backups with 14 days’ retention; the Provider has no further obligation to back up data. Extended backup packages can be booked separately. (4) The Customer names a contact person for technical and contractual matters. ## § 6 Fees, terms of payment (1) The fees depend on the plan booked. All prices are net plus statutory VAT. (2) Payment can be made monthly, quarterly or annually by SEPA direct debit or bank transfer. (3) A one-off setup fee is charged in the Starter plan and is due immediately when the contract is concluded. The ongoing monthly fee is due in advance at the beginning of each month. (4) In the event of late payment, the Provider is entitled to charge default interest of 9 percentage points above the base rate in accordance with § 288 (2) BGB and a flat fee of €40 in accordance with § 288 (5) BGB. (5) If payment is more than 30 days overdue, the Provider is entitled to block access to the Software until payment has been made in full. The claim to payment remains in place during the block. ## § 7 Contract term, termination (1) Unless otherwise agreed, the minimum contract term is 12 months from the start of the contract. (2) If the contract is not terminated in text form (email is sufficient) at least 1 month before the end of the minimum term, it is automatically extended by a further 12 months each time. (3) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in the case of: - a serious breach of duty by the other party that has not been remedied despite a reasonable deadline; - the opening of insolvency proceedings against the assets of a contracting party; - the Customer being more than 60 days late with payment despite a reminder. (4) After the contract has ended effectively, the Customer can still export its data via the admin menu for 30 days. After that, the customer data is deleted. ## § 8 Special agreement: 20-day return right By way of derogation from § 7 (1), the Provider grants the Customer a voluntary 20-day return right. (1) Within the first 20 calendar days after the contract is concluded, the Customer can terminate the contract free of charge by a declaration in text form. (2) In the case of a return within the deadline: - In the Starter plan, 50 % of the setup fee already paid (= €25 net) is refunded. - In the Professional, Professional Plus, Business and Business Plus plans, a flat expense fee of €60 net is retained for setup and migration work already carried out. - Any rental share paid beyond this is refunded pro rata to the day. (3) After the 20-day period has expired, the regular minimum contract term in accordance with § 7 (1) applies. (4) The return right is not transferable and applies once per customer, including in the case of a change of plan or follow-up contracts. ## § 9 Change of plan, service fee (1) A change between the plans offered is possible during the contract term for a flat service fee of €120 net. This fee covers the complete migration of the Software including database, file stores, configuration and receipt archive, as well as the adjustment of DNS entries and SSL certificates. (2) A setup fee already paid (Starter plan: €50 net) is credited against the service fee. (3) The change of plan starts a new minimum contract term of 12 months in accordance with § 7 (1). ## § 10 Availability, maintenance windows (1) The Provider aims for the highest possible availability of the Software. A specific availability guarantee (SLA) is not part of these Terms. Availability guarantees can be agreed separately on request. (2) The Provider is entitled to carry out maintenance work that may temporarily interrupt availability. Planned maintenance windows are scheduled outside normal business hours where possible and announced at least 48 hours in advance. (3) Response times to support requests are usually 24 hours on working days (Monday to Friday, excluding public holidays at the Provider’s registered office). ## § 11 Data protection, data processing (1) Insofar as the Provider processes personal data on behalf of the Customer, the parties conclude a separate data processing agreement (AVV) in accordance with Art. 28 GDPR. This forms part of the contractual relationship. (2) The Provider processes the Customer’s data only on the Customer’s documented instructions. (3) The Customer remains the controller within the meaning of data protection law for the data processed in the Software and ensures that there is a valid legal basis for the processing. (4) Further details are set out in the AVV and the Provider’s [privacy policy](https://1x1it.de/en/datenschutz/). ## § 12 Liability, limitation of liability (1) The Provider is liable without limitation - for damage resulting from injury to life, body or health based on a negligent or intentional breach of duty by the Provider; - for other damage based on an intentional or grossly negligent breach of duty; - in accordance with the provisions of the Product Liability Act (Produkthaftungsgesetz). (2) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider’s liability is limited to the foreseeable damage typical for the contract. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer regularly relies and may rely. (3) Liability for slightly negligent breaches of duty that do not concern cardinal obligations is excluded. (4) Insofar as the Provider’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents. (5) Liability for data loss is limited to the effort that would have been required to restore the data if the Customer had backed up its data properly. Under § 5 (3), the Customer is obliged to back up its own data. ## § 13 Force majeure If the Provider is prevented from providing its services by events of force majeure (in particular natural disasters, war, pandemics, official orders, large-scale power failures, strikes, lockouts or the failure of essential upstream suppliers), the mutual performance obligations are suspended for the duration of the obstacle. If the obstacle lasts longer than 30 days, both parties are entitled to extraordinary termination. ## § 14 Confidentiality (1) The parties undertake to treat as confidential all confidential information of the other party that becomes known to them in the course of performing the contract and to use it only to fulfil the contract. (2) The duty of confidentiality continues for three years after the end of the contract. (3) With the Customer’s prior written consent, the Provider is entitled to name the Customer as a reference customer in its public presentation (logo, company name, short use case). ## § 15 Price adjustment (1) The Provider is entitled to adjust the prices for ongoing contracts annually after the end of the first minimum contract term. (2) A price increase will be announced to the Customer in text form with at least 8 weeks’ notice. (3) In the event of a price increase, the Customer has a special right of termination effective from the date the price change takes effect. The termination must be declared in text form within 4 weeks of receipt of the notification. ## § 16 Final provisions (1) Applicable law: The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). (2) Place of jurisdiction: To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the Provider’s registered office. (3) Place of performance: The place of performance for all obligations under this contract is the Provider’s registered office. (4) Written form: Amendments and additions to this contract require text form (email is sufficient). This also applies to the waiver of this text form clause. (5) Severability clause: Should individual provisions of this contract be or become invalid or unenforceable, the validity of the remaining provisions is not affected. In place of the invalid or unenforceable provision, a valid provision that comes closest to the economic purpose of the invalid provision is deemed agreed. (6) Contract language: The language of the contract and of communication is German. Version date of these Terms: May 2026, version 1.0. The Provider reserves the right to amend these Terms. Existing customers will be informed of changes with reasonable advance notice; in the case of significant changes, they have a special right of termination. Our offer is aimed exclusively at entrepreneurs within the meaning of § 14 BGB. All prices are net plus statutory VAT. Contents Provider § 1 Scope, B2B nature § 2 Subject of the contract, description of services § 3 Conclusion of contract § 4 Rights of use in the Software § 5 Customer’s obligations to cooperate § 6 Fees, terms of payment § 7 Contract term, termination § 8 Special agreement: 20-day return right § 9 Change of plan, service fee § 10 Availability, maintenance windows § 11 Data protection, data processing § 12 Liability, limitation of liability § 13 Force majeure § 14 Confidentiality § 15 Price adjustment § 16 Final provisions Legal [Legal notice](https://1x1it.de/en/impressum/) [Privacy policy](https://1x1it.de/en/datenschutz/) [Data processing agreement](https://1x1it.de/en/avv/)