§1 Scope
1.1 These General Terms and Conditions (AGB) apply to all services, deliveries, and activities of ds6.eu OÜ towards its customers.
1.2 These AGB apply to all activities of ds6.eu OÜ commenced or performed as of March 8, 2026, regardless of when the underlying order, contract, or commissioning took place.
1.3 These AGB fully replace all previously applicable General Terms and Conditions of ds6.eu OÜ.
1.4 Deviating terms and conditions of the customer shall not apply, even if their validity is not expressly contradicted.
1.5 Individual agreements between the parties take precedence, provided they have been made in writing.
1.6 ds6.eu OÜ provides its services exclusively to entrepreneurs, self-employed persons, freelancers, or legal entities within the meaning of §14 BGB (B2B).
1.7 Contracts with consumers are not concluded.
§2 Subject of the Contract and Offers
2.1 The subject of the contract is IT services, consulting services, project services, maintenance services, support services, system administration, IT security services, and other IT and consulting-related activities.
2.2 The specific scope of services follows from the respective commissioning, project agreement, or service description.
2.3 Offers from ds6.eu OÜ are subject to change with regard to performance, quantity, delivery periods, and ancillary services. The offer is only valid as long as stocks last. Illustrations of items do not always correspond to the actual scope of delivery and therefore do not entitle to any claims of any kind against ds6.eu OÜ. Technical data of products distributed by ds6.eu OÜ are bindingly set out in the product information.
2.4 ds6.eu OÜ is fundamentally duty-bound to provide the agreed services professionally, but does not owe a specific economic success unless expressly agreed otherwise in writing.
2.5 Ancillary services are deemed agreed insofar as they are necessary or technically required for the professional fulfillment of the commission.
2.6 Automatic Ancillary Duties: Insofar as ds6.eu OÜ is technically involved in the context of a commission, regular updates and maintenance of all network, server, and IT components, including specialized software, are automatically considered part of the commission, insofar as reasonable and technically possible. Further details and exceptions arise from §12 of these AGB.
§3 Customer's Duty to Cooperate
3.1 The customer undertakes to provide all information, access, documents, and contact persons required for service provision in a timely manner.
3.2 Delays, additional costs, or damages arising from insufficient cooperation by the customer are not at the expense of ds6.eu OÜ.
3.3 The customer ensures that all necessary usage rights for software, data, or systems are available.
3.4 General statements such as "it doesn't work" do not count as sufficient cooperation.
§4 Project Integration, Documentation and Task History
4.1 If ds6.eu OÜ becomes active within (partial) projects and the integration occurs as part of the internal IT structure, as a subcontractor, as an external project partner or within a ticket system, chat system, project management system or any other task or ToDo management, the customer is obliged to provide a complete, gapless and exportable history of all processes processed by ds6.eu OÜ upon request.
4.2 This includes in particular:
- all tasks assigned to ds6.eu OÜ or its employees
- all project and ticket histories
- all communication histories of all project participants
- chat protocols
- system logs
- as well as relevant email communication and other relevant documentation
4.3 If this information is not released or only incomplete despite a request, ds6.eu OÜ is entitled to a minimum damage sum of €50,000 or 50% of the project scope, whichever is higher, without prejudice to the assertion of further damages. This regulation applies in particular to the subsequent release of project and task histories as well as to cases in which ds6.eu OÜ is denied or withdrawn access to relevant systems, documentation or communication histories. The client is entitled to prove that the actual damage incurred is lower than the minimum damage sum. The burden of proof for a lower damage lies exclusively with the client.
§5 Invoicing and Payment Terms
5.1 Invoices are due immediately, at the latest 8 days after invoicing, after receipt without deduction, unless a deviating agreement has been made.
5.2 Invoices can be transmitted electronically.
5.3 Objections to invoices must be made in writing within 14 days of receipt. Thereafter, invoices are deemed accepted.
5.4 For first orders/commissions or particularly large order volumes, prepayment is deemed agreed. ds6.eu OÜ is furthermore entitled to demand prepayment or appropriate security if, after conclusion of the contract, circumstances become known that justify reasonable doubts about the solvency or willingness to pay of the customer – in particular in the event of default of payment, insolvency application, seizure measures or significant deterioration of the financial situation.
5.5 The customer is not entitled to offset against claims of ds6.eu OÜ with their own counterclaims or to assert a right of retention, unless their counterclaims are legally established, undisputed, or recognized in writing by ds6.eu OÜ.
§6 Late Payment
6.1 If the customer defaults on a payment, ds6.eu OÜ is entitled to demand default interest.
6.2 The default interest rate is:
- 9 (nine) percentage points above the respective base interest rate.
- at least €1 per day per open invoice.
6.3 Further legal claims remain unaffected.
6.4 ds6.eu OÜ is entitled to suspend ongoing services in case of late payment.
6.5 A resumption of services occurs only after full settlement of all outstanding claims.
6.6 If significant deteriorations in the customer's financial circumstances occur that justify doubts about their solvency, ds6.eu OÜ is entitled to withdraw from the contract, discontinue ongoing services, or demand prepayment. This applies in particular to the filing of an insolvency application, submission of a statutory declaration, seizure measures, or significant payment arrears. The same applies if the customer does not provide sufficient security within a reasonable period despite request.
6.7 The customer bears all costs arising from default:
- Reminders
- Collection service providers
- Lawyers
- Judicial reminder proceedings
- Enforcement costs
- Other expenses for legal prosecution
6.8 Internal efforts by ds6.eu OÜ for processing payment default (receivables management, communication, documentation, preparation of legal measures) are calculated on the basis of the valid hourly rate plus expenses.
6.9 Further claims for damages remain reserved.
§7 Retention of Title / Right of Retention
7.1 All delivered goods, created software products, documentations, project documents, and other work results remain the property of ds6.eu OÜ until full payment of all claims from the respective business relationship.
7.2 Furthermore, ds6.eu OÜ reserves the right to withhold work services, project results, or access to IT systems as long as outstanding claims exist.
7.3 The right of retention also extends to:
- Workpieces, drafts, plans, configurations, software releases
- Project and task documentations
- Data necessary for the provision of the agreed services
- Accesses
7.4 The right of retention becomes automatically effective as soon as the customer defaults on payments or duties to cooperate.
7.5 As soon as all outstanding claims are settled and duties to cooperate are fulfilled, the right of retention expires automatically.
7.6 The right of retention applies without prejudice to all further legal or contractual claims of ds6.eu OÜ, including default interest, damages, and reminder fees.
§8 Acceptance of Services and Fiction of Acceptance
8.1 Services must be checked and accepted immediately after completion.
8.2 Acceptance is deemed to have occurred if the customer does not report significant defects in writing within 7 calendar days after notification of completion.
8.3 Acceptance is also deemed to have occurred if the customer uses the service productively, puts it into operation, or integrates it into its systems.
8.4 Insignificant defects do not entitle to refuse acceptance.
8.5 After acceptance or fiction of acceptance, services are deemed to have been provided in accordance with the contract.
8.6 Obvious defects must be reported by the customer in writing immediately, at the latest within 5 working days after receipt of the service or goods. Hidden defects must be reported in writing immediately after their discovery, at the latest within 3 working days after discovery. If defects are not reported in time, the service is deemed accepted and approved.
8.7 Warranty claims are excluded in the case of excessive or improper use, natural wear and tear, operating errors, interventions by the customer or commissioned third parties, as well as in the case of damage caused by unsuitable software or external influences that are not subject of the contract. This does not apply if the customer proves that the defect would have occurred even without these circumstances.
8.8 In the case of warranty through rectification of defects, the customer must perform a complete data backup on their own responsibility before the start of defect rectification. ds6.eu OÜ is not liable for data loss attributable to the failure to perform such a backup.
8.9 Warranty claims expire within 1 year from the statutory start of the limitation period. In case of fraudulent concealment of a defect, the statutory limitation periods apply without restriction.
8.10 Dispatch and Transfer of Risk: For deliveries of hardware or other goods, the risk of accidental loss and accidental deterioration passes to the customer as soon as the goods have been handed over to the transport company or have left the warehouse of ds6.eu OÜ – even in the case of freight-free delivery. All shipments travel at the risk of the customer.
8.11 If a written agreed delivery period is exceeded by more than two weeks, the customer is entitled to set a reasonable grace period of at least two weeks. Claims for compensation by the customer due to delivery delay are excluded until the expiry of this grace period. In case of force majeure, the delivery period is extended accordingly.
§9 Withdrawal in Case of Impossibility and Force Majeure
9.1 If the provision of services becomes impossible due to circumstances outside the sphere of influence of ds6.eu OÜ, ds6.eu OÜ is entitled to withdraw from the contract.
9.2 In this case, the withdrawal occurs damage-free for ds6.eu OÜ.
9.3 As force majeure apply in particular: natural disasters, power failures, internet or infrastructure disruptions, cyber attacks, official measures, pandemics, strikes, failures of third-party providers or cloud infrastructures.
§10 Statute of Limitations
10.1 The regular limitation period for claims from contractual relationships is 4.5 years. (In words: four point five).
10.2 The limitation period begins with the end of the calendar year in which the claim arose and the claimant gained knowledge or should have gained knowledge without gross negligence.
10.3 The statute of limitations is inhibited in particular by: negotiations between the parties, recognition of the claim, partial payment, filing a lawsuit or reminder notice. Written reminders and queries for clarifying claims are deemed as the start of negotiations within the meaning of this regulation, unless the debtor expressly and immediately objects.
10.4 The inhibition ends with express written termination of the negotiations.
Note regarding §10.1: The choice of a limitation period of 4.5 years is based on practical considerations: Since the limitation period pursuant to §10.2 begins with the end of the calendar year in which the claim arose, a period of exactly 3 years would always expire on December 31 of the third following year. This concentrates the checking, enforcement, and defense of claims of both parties on the turn of the year – a seasonally unfavorable phase with increased workload and increased susceptibility to errors. By extending it to 4.5 years, the expiry of the statute of limitations shifts to June 30 of the fourth following year and thus de-concentrates deadline monitoring for both contracting parties equally. The extension occurs on both sides and consciously in favor of both parties.
§11 Liability for Security Incidents and IT Risks
11.1 ds6.eu OÜ provides its services according to the state of the art and with industry-standard care.
11.2 A complete security of IT systems cannot be guaranteed however.
11.3 ds6.eu OÜ assumes no guarantee for: freedom from attacks, complete system security, permanent system availability.
11.4 For damages due to: hacker attacks, malware, ransomware, security gaps in third-party software, zero-day exploits, attacks on cloud or infrastructure providers, ds6.eu OÜ is liable only in case of demonstrably intentional or grossly negligent behavior.
11.5 Organizational IT security remains fundamentally with the customer, in particular: user management and information about entries and exits, password management, employee training, data backup, data protection organization.
11.6 Liability for indirect damages, consequential damages, lost profit, production losses, or data loss is excluded.
§12 Automatic Maintenance and Update Obligation
12.1 If ds6.eu OÜ is called in for IT-technical services, consulting, support, or other activities, it automatically takes over the maintenance and updating of all network, server, and other IT components, insofar as reasonable and technically possible, including specialized programs. This applies in particular to permanent orders.
12.2 This also applies if updates or maintenance have not been explicitly commissioned, as outdated systems can cause disruptions that do not occur with current systems.
12.3 Exception: If current systems cause problems or reasons documented by ds6.eu OÜ make an update unreasonable.
§13 Limitation of Liability for Software, IP and License Issues
13.1 ds6.eu OÜ is not liable for errors, damages, or restrictions caused by used software, licenses, updates, or foreign IT components, insofar as these are not demonstrably attributable to intentional or grossly negligent behavior of ds6.eu OÜ.
13.2 This applies in particular to: license violations by third parties, incompatibilities between system components, third-party software, cloud services, or specialized programs.
13.3 The customer bears the responsibility for compliance with license terms, usage rights, and other legal requirements.
§14 Data Protection and Confidentiality
14.1 ds6.eu OÜ treats all information that becomes known within the scope of order fulfillment as confidential.
14.2 Customer-related data is processed, stored, and used exclusively for order fulfillment, as far as this is necessary for the agreed services. Any processing beyond this, in particular for marketing purposes, only occurs on the basis of separate consent or legal permission.
14.3 Disclosure to third parties only occurs if it is necessary for service provision or required by law.
14.4 The customer is obliged to provide personal data of third parties only in a permissible manner and to ensure compliance with data protection laws.
14.5 Processing of personal data by ds6.eu OÜ occurs in accordance with the General Data Protection Regulation (GDPR) as well as the Federal Data Protection Act (BDSG).
14.6 Insofar as ds6.eu OÜ acts as a processor within the meaning of Art. 28 GDPR in the context of service provision, the conclusion of a separate data processing agreement (DPA) is required. The concrete scope of data processing as well as the technical and organizational measures are regulated in the DPA. The customer is obliged to conclude such a contract upon request of ds6.eu OÜ. Without an effective DPA, ds6.eu OÜ is entitled to suspend the affected services until the conclusion of the DPA.
14.7 ds6.eu OÜ takes appropriate technical and organizational measures (TOMs) pursuant to Art. 32 GDPR to protect personal data processed in the context of service provision. Details result from the respectively valid DPA.
14.8 In the event of a violation of the protection of personal data (data breach) pursuant to Art. 4 No. 12 GDPR, ds6.eu OÜ is obliged to inform the customer immediately, at the latest within 24 hours of becoming aware, as far as the data breach affects the responsibility area of ds6.eu OÜ. The customer bears the responsibility for reporting to the competent supervisory authority (Art. 33 GDPR) and, if applicable, notifying the affected persons (Art. 34 GDPR).
14.9 ds6.eu OÜ is entitled to use sub-processors in the context of service provision. The use of sub-processors occurs in compliance with the requirements of Art. 28 GDPR. A list of used sub-processors is viewable upon request. The customer will be informed in a timely manner about significant changes in the use of sub-processors.
§15 Changes in Performance, Ancillary Services and Duties
15.1 Services of ds6.eu OÜ can be technically or organizationally adjusted as far as this is required for proper execution.
15.2 Ancillary services necessary for the professional fulfillment of the commission are deemed agreed as far as they are reasonable and technically required.
15.3 Security-relevant measures take precedence over economic considerations.
15.4 The customer is obliged to provide unasked and in particular upon request of ds6.eu OÜ immediately all necessary information, histories, task data, system protocols, and emails required for the execution or tracking of the services.
15.5 If the customer does not comply with their duty to inform during ongoing project execution – in particular through omitted or incomplete provision of information, requirements, feedback, or approvals required for the execution of the services – ds6.eu OÜ is automatically entitled to a minimum damage sum calculated according to the following scale: €20,000 or 25% of the respective order volume, whichever is higher. This applies alongside all further claims for damages to which ds6.eu OÜ is entitled by law or contract. The client is entitled to prove that the actual damage incurred is lower than the minimum damage sum. The burden of proof for a lower damage lies exclusively with the client.
§16 Pricing, Adjustment of Prices and Compensation
16.1 The prices of ds6.eu OÜ are those prices valid at the time of the order. Current rates can be requested from ds6.eu OÜ. Surcharges for night (50%), weekend (100%), and public holiday work (200%) apply. This also applies without prior commissioning in emergency situations in which ds6.eu OÜ becomes active for the fastest possible restoration of the customer's IT systems.
16.2 Insofar as compensation is not agreed by agreement of the contracting parties, such is deemed tacitly agreed if the service can only be expected for compensation under the circumstances.
16.3 Insofar as no amount of compensation has been agreed, the compensation is based on the usual rates pursuant to §612 BGB. This applies in particular to services that can only be expected for compensation under the circumstances. The creation of cost estimates and offers that go beyond simple price stating – in particular for company networks and server systems – is also considered a service subject to compensation, unless expressly agreed otherwise in writing.
16.4 Billing occurs for remote services in increments of 30 minutes (minimum unit), then in 15-minute steps. For on-site services, the minimum unit is 60 minutes, thereafter billing is in 30-minute steps.
16.5 Travel costs are calculated as a lump sum based on the factor 0.75 of the applicable hourly rate plus a mileage allowance of €0.75 per driven kilometer from the company seat. For assignments with particularly long travel distances, a deviating regulation can be agreed in writing.
16.6 Price corrections due to typing errors or calculation errors remain reserved. Prices apply, unless something else has been agreed in writing with the management, from the seat of the contractor, excluding packaging and shipping and plus the respectively valid VAT.
16.7 ds6.eu OÜ can adjust its prices if the cost basis changes, e.g.:
- License or software costs
- Hosting, cloud, or infrastructure costs
- Energy and personnel costs
- as well as other legal or regulatory changes.
16.8 Price changes are communicated in writing at least 30 days before effectiveness.
16.9 If the customer does not object in writing within 14 days of receipt of the notification, the adjustment is deemed accepted.
16.10 In case of justified objection, ds6.eu OÜ has the right to terminate the contract with 30 days notice to the end of the month.
16.11 Price adjustments also apply to already ongoing contracts as long as the service is provided continuously or regularly, unless specifically agreed otherwise.
16.12 ds6.eu OÜ is entitled to adjust its hourly rates oriented towards increased costs and/or inflation annually up to a maximum of 10% per year, without a termination right for the customer arising therefrom.
§17 System Access by Third Parties and Foreign Administration
17.1 If changes to systems, configurations, software, user rights, security guidelines, network structures, or other IT components are made by the customer themselves or by third parties commissioned by them, ds6.eu OÜ assumed no responsibility for this.
17.2 If disruptions or damages occur after such changes, it is presumed that these were caused by changes by the customer or by third parties, unless it is provable that the cause lies exclusively within the responsibility area of ds6.eu OÜ.
17.3 The customer bears the burden of proof in such cases that a disruption was not caused by their own interventions or interventions by third parties.
17.4 An obligation for ds6.eu OÜ to check such changes exists only within the scope of a corresponding commission. Within such a commission, ds6.eu OÜ is free to check these changes and evaluate their effects.
17.5 Efforts for analysis, troubleshooting, or restoration of system states caused by interventions by the customer or third parties are considered services to be compensated separately.
§18 Term and Termination of Permanent Contracts
18.1 Contracts for ongoing or recurring services (permanent contracts, maintenance contracts, support or care contracts) are concluded for an indefinite period. A minimum term of two years applies automatically in the following cases:
- if the contract is expressly designated as a permanent contract or a minimum term has been agreed in writing,
- if the customer regularly and permanently accesses services of ds6.eu OÜ or such a permanent reference is to be assumed under the circumstances,
- if it concerns managed services, in particular hosting, backup, monitoring, remote maintenance or comparable continuously provided services.
After the expiry of the minimum term, the contract is automatically extended for a further two years each, unless it is terminated in writing by one of the parties with a notice period of three months to the respective end of the term. Deviating written agreements remain reserved.
18.2 The right to extraordinary termination for good cause remains unaffected. A good cause exists for ds6.eu OÜ in particular in case of: payment default of more than 30 days, repeated or significant violation of cooperation duties, insolvency of the customer or significant deterioration of their financial situation.
18.3 Every termination requires written form (email is sufficient).
18.4 In case of extraordinary termination by ds6.eu OÜ for a reason for which the customer is responsible, ds6.eu OÜ is entitled to fully bill all services provided up to the time of termination. Any prepayments will only be refunded for demonstrably not provided services.
§19 Copyright and Usage Rights to Work Results
19.1 All work results created by ds6.eu OÜ – including configurations, scripts, documentations, concepts, and other works – remain the property under copyright law of ds6.eu OÜ, unless expressly agreed otherwise in writing.
19.2 Upon full payment of the agreed compensation, the customer receives a simple, non-transferable usage right to the work results for the agreed purpose of use.
19.3 Any disclosure, sale, or other utilization of the work results by the customer to third parties requires the express written consent of ds6.eu OÜ.
19.4 In case of payment default, the granted usage right rests until full settlement of all outstanding claims.
§20 Jurisdiction, Language and Applicable Law
20.1 For all legal relationships between ds6.eu OÜ and the customer, the law of the Federal Republic of Germany applies exclusively, provided the customer has its seat or habitual residence in Germany, otherwise the law of the Republic of Estonia – in each case under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The applicable contract language is German. Contract contents in other languages apply at most supportively. The German texts are the binding ones.
20.2 Exclusive place of jurisdiction for all disputes from or in connection with the contractual relationship is Tallinn, provided the customer is resident outside Germany. For customers based in Germany, the exclusive place of jurisdiction is Ulm, provided the customer is a merchant, entrepreneur, legal entity under public law or a special fund under public law.
20.3 ds6.eu OÜ is furthermore entitled to assert claims according to its own choice also at the general place of jurisdiction of the customer.
20.4 Place of fulfillment is the respectively commissioned seat of ds6.eu OÜ.
20.5 Disputes from or in connection with this contract can, upon matching choice of both parties, be submitted to an arbitration court according to the arbitration rules of the German Institution for Arbitration (DIS) instead of a state court. The initiation of an arbitration proceeding requires that both parties agree to this procedure in the individual case in writing. Seat of the arbitration court is Ulm. The language of the proceedings is German. The decision of the arbitration court is final and binding for both parties.
§21 Severability Clause
Should individual provisions of this agreement be or become invalid, this shall not affect the validity of the remaining content of the contract. The provision that has become invalid is to be replaced by a regulation which, taking into account the legal regulations, comes as close as possible to the economic purpose of the dropped provision.