Terms & Conditions

Terms & Conditions

General terms and conditions for using our services.

General Terms and Conditions (GTC) of gh0stservice GmbH

Scope of Application: These General Terms and Conditions apply to all contracts between gh0stservice GmbH ("Provider") and entrepreneurs (§ 14 BGB, German Civil Code) or legal entities under public law regarding services in the business areas gh0stconsulting and gh0stcloud.

1. Definitions

  • gh0stconsulting: Consulting, planning, and implementation services for IT infrastructure, DevOps/CI-CD pipelines, cloud-native architectures, and security solutions.
  • gh0stcloud: Managed hosting and operation of Kubernetes clusters, storage and backup services, as well as container- or platform-based applications (e.g., password management), based entirely on open-source software.
  • Services: One-time and recurring services, trainings, hardware deliveries, and technical documentation as defined in the individual offer.

2. Conclusion of Contract

  1. All offers by the Provider are non-binding and subject to change.
  2. A contract is concluded upon written order confirmation by the Provider or upon commencement of service delivery.
  3. Amendments and side agreements require written form to be effective.

3. Scope of Services

  1. The scope of services is defined exclusively by the individual offer.
  2. gh0stconsulting includes, but is not limited to:
    • Current-state analysis and infrastructure modernization
    • Implementation of DevOps/CI-CD automation pipelines
    • Migration to cloud-native architectures
    • Security assessments and hardening
  3. gh0stcloud includes, but is not limited to:
    • Provisioning, management, and scaling of Kubernetes clusters
    • Managed storage and backup services
    • Hosting of containerized applications and platform services
    • Monitoring, updates, and maintenance

4. Customer Obligations

  1. The Customer shall provide all required information, access credentials (e.g., root/admin rights), and hardware in due time.
  2. The Customer shall designate a contact person authorized to make decisions and approvals.
  3. Delays caused by lack of Customer cooperation shall extend agreed deadlines accordingly.

5. Prices and Payment Terms

  1. gh0stconsulting: One-time consulting and implementation fees as per offer; hourly rates apply for additional services.
  2. gh0stcloud: Setup fees as per offer; ongoing usage fees are charged on a pay-as-you-go basis according to actual resource consumption.
  3. All prices are net amounts plus applicable statutory VAT.
  4. Invoices are due for payment within 14 days of the invoice date without deduction.
  5. In case of default, the Provider is entitled to charge interest on arrears at 9 percentage points above the respective base rate.

6. Term and Termination

  1. gh0stcloud Services: Minimum term of 3 months from service activation; thereafter cancellable monthly with 14 days’ notice to the end of the month.
  2. gh0stconsulting Services: End upon completion of the agreed services unless otherwise specified.
  3. The right to terminate for cause remains unaffected.

7. Warranty and Liability

  1. Statutory warranty rights for entrepreneurs apply.
  2. The Provider is fully liable for intent and gross negligence; for simple negligence only in case of breach of essential contractual obligations (cardinal obligations) and limited to typical foreseeable damages.
  3. Liability for lost profits and indirect or consequential damages is excluded.

8. Data Protection and Security

  1. The Provider processes personal data in compliance with the EU GDPR and its internal data protection policy.
  2. gh0stcloud: Implements technical and organizational measures per BSI IT-Grundschutz and GDPR for hosting and backup operations.
  3. Customer data and applications remain encrypted and accessible only within the agreed scope.

9. Confidentiality

  1. Both parties shall keep confidential all business and technical information designated as confidential or reasonably to be understood as confidential.
  2. Confidential information may only be disclosed to employees or subcontractors bound to confidentiality.

10. Final Provisions

  1. Should any provision of these GTC be or become invalid, the remaining provisions shall remain in full force.
  2. Amendments and additions require written form.
  3. German substantive law applies. Place of jurisdiction for all disputes is Cologne, Germany.