General Terms and Conditions

1. Provider, scope and B2B focus

1.1 These terms apply to all free website checks, pre-contract analyses, offers and contracts for WordPress maintenance, technical support, backups, monitoring, support and related services provided by Kayba – Manuel Graupner, Waldwinkel 12, 14532 Kleinmachnow, email: service@wartung.kayba.de (“Kayba”).

1.2 The offer is exclusively for businesses within § 14 BGB, legal persons under public law and special funds under public law (“Customer”). Consumers within § 13 BGB are excluded from use and contracting.

1.3 By confirming before the website check, the Customer declares that they act in their business or self-employed professional capacity and are authorised to check the specified website. If reasonable doubts arise, Kayba may request evidence, interrupt the check or refuse to contract. An incorrect self-declaration cannot exclude mandatory rights of an actual consumer.

1.4 Deviating customer terms apply only with Kayba's express consent in text form. Individual agreements take precedence.

2. Free website check

2.1 The website check is an automated, passive snapshot of publicly accessible technical signals. It generally requires no administrator access and is neither a penetration test nor a complete security, malware, privacy, legal, accessibility, SEO, performance or code audit.

2.2 Results and plan recommendations rely on information technically retrievable at the time of checking. Protection mechanisms, caches, redirects, external disruptions or hidden features may affect results. The free check promises no specific completeness, accuracy, lasting currency or fitness for a particular business purpose.

2.3 The Customer may request checks only for websites they are authorised to check. Abusive, bulk or unlawful use is prohibited. Kayba may limit or block suspicious or technically harmful requests.

3. Offer and contract formation

3.1 Website presentations are not binding offers. Before a paid order, website assignment, plan, billing interval, price, any setup costs, term and essential service features are displayed.

3.2 By completing checkout the Customer makes a binding offer. A contract arises only through express order confirmation, activation or commencement of the agreed service. An automated receipt acknowledges receipt only unless it expressly declares acceptance.

3.3 Kayba may make acceptance conditional on successful payment, technical onboarding, compatibility, available capacity and, where applicable, a data processing agreement.

4. Contract documents and order of precedence

Content and scope follow this order of precedence: individual agreement or offer, order confirmation and checkout summary, current plan description, data processing agreement, these terms. Advertising claims, roadmaps and future feature descriptions form part of the contract only if expressly agreed.

5. Service scope and limitations

5.1 Kayba provides the services specified in the booked plan. These may include controlled updates, external backups, availability checks, technical status checks, reports and support.

5.2 Not automatically included are hosting, domain and email operations, editorial maintenance, new development, design changes, relaunch, SEO, legal or privacy advice, full accessibility audits, licence procurement, malware forensics, cleaning already compromised systems, rebuilding missing data or services for unassigned websites.

5.3 The obligation is professional work within the agreed scope, not a particular economic outcome, uninterrupted error-free operation, complete protection against attacks or availability of independent third-party systems. Additional services require a separate order.

6. Technical onboarding and compatibility

6.1 Ongoing maintenance requires successful technical onboarding. Kayba may check WordPress version, hosting, plugins, themes, data volume, security condition, accessibility, licences and existing conflicts.

6.2 If safe standard operations cannot responsibly be provided, Kayba may require remediation or an individual offer, or refuse onboarding. There is no entitlement to full regular operations before approval.

6.3 If onboarding is refused, recurring fees for service periods not yet started are refunded. Fees for analysis or setup already performed and transparently itemised remain payable unless the cause is attributable to Kayba.

7. Customer cooperation obligations

7.1 The Customer provides accurate information, contacts, required access, permissions, licences and technical prerequisites in good time. They warrant their lawful right to use content, software and data.

7.2 The Customer promptly informs Kayba of disruptions, security incidents, provider changes, changes to DNS, hosting, access protection, plugins, themes, payment details and other circumstances relevant to the services.

7.3 During announced updates, backups or restorations, the Customer refrains from parallel changes that could jeopardise the process. Their administrators and other providers must be coordinated.

7.4 Delays caused by missing cooperation extend deadlines appropriately. Necessary, evidenced additional work may be charged separately following prior notice.

8. Updates and technical changes

8.1 Updates are prepared, backed up, executed and checked according to the agreed procedure. Despite professional execution, third-party software or customer customisations may cause incompatibilities or visual changes.

8.2 Kayba may defer, isolate or reverse an update where specific risks, known incompatibilities or missing licences exist. Security-critical measures may be prioritised.

8.3 Changes requiring new development, a paid licence or a fundamental migration are not included in the recurring flat fee unless otherwise agreed.

9. Backups and restoration

9.1 Scope, interval and target retention depend on the plan and technical feasibility. Backups reduce risks but do not replace legally or operationally required customer archiving.

9.2 Kayba checks backups within the agreed scope, particularly transfer, technical completeness and checksum. There is no absolute guarantee of restorability under all external circumstances.

9.3 Restorations change the current data state. The Customer must clearly select the backup state and confirm the intervention. Where technically possible, an additional safety backup is created beforehand.

9.4 After the contract ends, backups are removed under the communicated deletion and retention policy unless legal obligations or legitimate evidentiary interests prevent this. Required data must first be exported within the provided period.

10. Monitoring and security incidents

10.1 Monitoring records the agreed measurement points at defined intervals and does not guarantee detection of every error or attack.

10.2 In critical events, Kayba may take proportionate immediate action to limit damage, such as disabling components, blocking access, enabling a maintenance page or restoring a backup where waiting clearly creates greater risks. The Customer is informed as early as reasonably possible.

10.3 Full incident response, forensics, advice on notification duties and malware removal are owed only if expressly agreed.

11. Third-party providers and licences

11.1 WordPress, plugins, themes, hosting, payment services, DNS, email, object storage and other services are partly provided by independent third parties. Their availability, product policies and changes are outside Kayba's direct control.

11.2 Kayba is not liable for breaches by third parties not acting as its vicarious agents. Responsibility for careful selection, configuration and monitoring of its own subcontractors remains within the statutory and agreed scope.

11.3 The Customer maintains required third-party licences. If licences or interfaces cease to be available, Kayba may use a technically equivalent solution or offer an adjustment.

12. Availability and response times

12.1 Standard plans do not include general 24/7 on-call availability or guaranteed response, fault resolution or restoration times unless an explicit service level is agreed.

12.2 Maintenance windows, security measures, force majeure, public network disruptions and independent provider outages may temporarily affect service. Kayba endeavours to provide reasonable information and limit damage.

13. Fees and late payment

13.1 Net prices shown at checkout or in the offer apply, plus VAT. Setup, recurring fees and additional services are itemised separately.

13.2 Recurring fees fall due at the agreed start of the billing period. The Customer maintains a valid payment method and checks invoices promptly.

13.3 Statutory consequences apply to late payment. After a reminder and reasonable period, Kayba may suspend services that are not security-critical. Measures whose omission would immediately cause substantial damage are not stopped without appropriate balancing of interests.

13.4 Set-off and withholding are permitted only with counterclaims that are undisputed, finally adjudicated or arise from the same contractual relationship.

14. Price and service changes

Changes for future contract periods are announced in text form with reasonable notice and objective reasons. If a change shifts the contractual balance to the Customer's disadvantage by more than an insignificant amount, they receive a special termination right effective on the change date. Already paid periods remain unaffected.

15. Term and termination

15.1 Minimum term, renewal and ordinary termination notice follow the checkout or offer. Termination may be declared at least in text form or through an available account function.

15.2 The right to extraordinary termination remains. Good cause may include substantial late payment, unlawful use, persistent infrastructure risks, repeated serious cooperation breaches or maintenance that can objectively no longer responsibly be provided.

15.3 Extraordinary termination generally requires prior warning and a reasonable remedy period, unless clearly futile or unreasonable due to severity and urgency.

16. Consequences of contract termination

16.1 New service entitlements cease when service ends. Kayba removes its management connections and components in a controlled way where technically possible, agreed and feasible without endangering the website.

16.2 Customer-owned content and systems remain with the Customer. Further export, migration or documentation is owed only within the agreed scope. Outstanding fees and statutory retention duties remain unaffected.

16.3 If a website is cancelled, the customer account remains for other websites and future bookings. Full account deletion follows data protection law, retention periods and the documented deletion process.

17. Defect notification and remedy

The Customer promptly reports service problems with available information. Kayba has an opportunity to investigate and remedy within a reasonable period. If required remedy fails or is unreasonable, statutory rights under the applicable contract type remain. Guarantees are assumed only by an express statement designated as a guarantee.

18. Liability

18.1 Kayba has unlimited liability for intent and gross negligence, injury to life, body or health, under the German Product Liability Act, fraudulent concealment and within expressly assumed guarantees.

18.2 For slightly negligent breach of an essential contractual duty enabling proper performance and on whose observance the Customer may ordinarily rely, liability is limited to foreseeable damage typical of the contract. Otherwise liability for slight negligence is excluded.

18.3 Where legally permissible, liability under clause 18.2 per damaging event is limited to the affected website's net fees over the last twelve months. For shorter terms, net fees paid and extrapolated to twelve months apply. The limit does not apply where it would undermine the contract's purpose or conflict with mandatory law.

18.4 Within these provisions, liability for data loss is limited to typical restoration costs that would also have arisen with proper, risk-appropriate backups. Expressly assumed backup duties remain unaffected.

18.5 The liability provisions apply accordingly to Kayba's governing bodies, employees, representatives and vicarious agents.

19. Rights to content and software

19.1 The Customer retains rights to content, data, domains and customer-owned software, granting Kayba the usage rights necessary for performance, limited to the contract's term and purpose.

19.2 Rights to pre-existing tools, automations, templates, know-how and reusable components remain with Kayba. Individual work results are licensed within the expressly agreed scope. Open-source and third-party software follow their respective licences.

20. Confidentiality

Both parties keep non-public technical, business and organisational information confidential, use it only to perform the contract and protect it appropriately. Excluded is information demonstrably public, lawfully obtained from third parties, independently developed or subject to mandatory disclosure.

21. Data protection and processing on behalf of a controller

21.1 Kayba's processing of its own contact, contract, billing and evidentiary data follows the privacy notice.

21.2 Where Kayba processes personal data on behalf of the Customer, the parties conclude an agreement under Art. 28 GDPR before starting. The Customer remains responsible within their remit for lawfulness, information duties, data subject rights, deletion policies and instructions.

21.3 Kayba may use vetted subprocessors under the data processing agreement. Security measures and reporting channels are specified there.

22. Changes to these General Terms and Conditions

New contracts use the version incorporated at formation. Existing contracts change only by valid agreement or transparent amendment clause with objective grounds, reasonable notice and, where applicable, special termination rights. Silence is not consent without a clear statutory or commercial basis.

23. Force majeure

Neither party is liable for unavoidable delays caused by events unforeseeable and uncontrollable at contracting. The affected party informs promptly, limits effects and resumes performance once the event ends. If disruption lasts so long that continuation is unreasonable, the affected service part may be terminated.

24. Governing law and jurisdiction

24.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

24.2 If the Customer is a merchant, legal person under public law or special fund under public law, Kayba's registered location is the exclusive jurisdiction where permissible. Kayba may also sue at the Customer's general jurisdiction.

25. Final provisions

25.1 Legally significant notices may be made in text form unless a stricter form is required. Changes to contacts and contact details must be notified promptly.

25.2 If provisions are invalid, the remainder of the contract remains effective and statutory provisions replace them. No reduction preserving validity or automatic replacement with a provision maximising Kayba's economic benefit is agreed.

Dated: 31.08.2026 · Version: agb-b2b-2026-08-31