Translation notice: This English version is provided for reader convenience. The legally binding version is the German original (“Allgemeine Geschäftsbedingungen”) under /agb. In case of discrepancies between the German and English text, the German version prevails.

General Terms and Conditions

Mate iT GmbH — Systems Integrator / B2B Web Shop

Provider / Contractual Partner

Mate iT GmbH Karlsruher Straße 17 78048 Villingen-Schwenningen Germany

Phone: +49 (0) 7721 807 8009 Email: team@mateit.de Web: www.mateit.de

§ 1 Scope, Customer Group

(1) These General Terms and Conditions (“GTC”) apply to all contracts for deliveries and services provided by Mate iT GmbH to its customers, in particular for the sale and delivery of hardware, standard software and accessories as well as other IT services.

(2) Mate iT operates a closed online ordering portal (“B2B Web Shop”) which is exclusively addressed to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). Access is granted only by invitation or activation by Mate iT.

(3) Mate iT supplies only business customers (B2B). Consumers are not granted access to the B2B Web Shop.

(4) Deviating, conflicting or supplementary general terms and conditions of the customer apply only if Mate iT has expressly agreed to their validity in writing.

§ 2 Offer and Conclusion of Contract

(1) Offers from Mate iT — in particular in the B2B Web Shop, in catalogues, price lists or brochures — are non-binding unless expressly marked as binding.

(2) The customer’s order constitutes a binding offer to conclude a contract. A contract is only concluded upon written or text-form order confirmation or upon delivery of the goods.

(3) For orders placed via the B2B Web Shop, the customer submits a binding contract offer by completing the electronic ordering process. The automated acknowledgement of receipt merely documents the receipt of the order and does not yet constitute acceptance of the contract.

(4) Mate iT is entitled to reject orders without giving reasons.

§ 3 Subject of Performance, Hardware and Software

(1) The type and scope of the deliveries and services owed by Mate iT result from the respective offer, the order confirmation and any supplementary service descriptions.

(2) Hardware is generally delivered as standard goods. Insofar as the functionality of certain hardware necessarily requires certain software, the customer receives a simple right of use to the software required for this purpose.

(3) Installation, configuration, customisation or migration of hardware and software are owed only if expressly agreed.

§ 4 Prices and Payment Terms

(1) All prices are — unless expressly stated otherwise — in euros, net, plus statutory VAT and any shipping, packaging, insurance or installation costs.

(2) Unless otherwise agreed, invoices are due immediately upon invoicing without deduction.

(3) Payments are made by bank transfer, SEPA direct debit or other payment methods offered by Mate iT.

(4) Upon expiry of an agreed payment deadline, the customer falls into default without further reminder. Statutory default interest applies to entrepreneurs.

§ 5 Delivery and Performance Times

(1) Delivery dates and deadlines are only binding if they are expressly designated as binding and confirmed in writing by Mate iT.

(2) Delivery and performance periods begin with receipt of the order confirmation, but not before clarification of all technical and commercial details.

(3) If performance is delayed due to circumstances for which Mate iT is not responsible (e.g. force majeure, pandemics, strikes), agreed deadlines shall be extended appropriately.

§ 6 Shipping, Transfer of Risk

(1) Delivery is made ex warehouse to the delivery address specified by the customer.

(2) Vis-à-vis entrepreneurs, the risk of accidental loss passes to the customer upon handover to the carrier.

(3) The customer is obliged to notify the carrier of obvious transport damage immediately.

§ 7 Retention of Title

(1) Mate iT retains title to the delivered goods until full payment of all claims arising from the business relationship.

(2) In the event of conduct by the customer in breach of contract, in particular in the event of default in payment, Mate iT is entitled to demand the return of the goods subject to retention of title.

§ 8 Liability for Defects (Warranty)

8.1 General

Mate iT warrants that the delivered products have the agreed quality at the time of transfer of risk and are suitable for the use contractually intended.

8.2 Entrepreneurs (B2B)

Vis-à-vis entrepreneurs, the limitation period for claims for material defects is one year from the transfer of risk.

Entrepreneurs are obliged to inspect the goods immediately after delivery and to give notice of any recognisable defects without delay (§ 377 of the German Commercial Code, HGB).

§ 9 Liability

(1) Mate iT is liable without limitation for damages arising from injury to life, body or health and in cases of intent or gross negligence.

(2) For other damages caused by simple negligence, Mate iT is only liable in the event of breach of essential contractual obligations (cardinal duties). In such cases, liability is limited to typical, foreseeable damages under the contract.

(3) Otherwise, the liability of Mate iT for simple negligence is excluded.

§ 10 Software Rights of Use

(1) Upon full payment, the customer receives a simple, non-exclusive and non-transferable right to use the software within the contractually agreed scope.

(2) The customer may use the software only for its own business purposes. Renting or leasing to third parties is not permitted without prior written consent.

§ 11 Data Protection

(1) Mate iT processes personal data for the performance of the contract and the maintenance of the business relationship in accordance with the GDPR and the German Federal Data Protection Act (BDSG).

(2) Details on data processing can be found in our Privacy Policy.

§ 12 Choice of Law, Place of Performance, Jurisdiction

(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of performance for all obligations arising from the contractual relationship is the registered office of Mate iT in Villingen-Schwenningen.

(3) If the customer is a merchant, the exclusive place of jurisdiction for all disputes is the registered office of Mate iT.

§ 13 Final Provisions

(1) Amendments and supplements to the contract as well as side agreements require text form.

(2) Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected.

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General Hosting and Housing Terms (AHB)

Mate iT GmbH — Cloud Solutions / Hosting / Housing

Applies in addition to the GTC of Mate iT GmbH

AHB § 1 Scope

(1) These General Hosting and Housing Terms (“AHB”) apply to all contracts between Mate iT and the customer for hosting, email, housing and other cloud services.

(2) The GTC of Mate iT apply additionally. In the event of contradictions, the more specific provisions of these AHB take precedence.

AHB § 2 Scope of Services

(1) Mate iT provides the customer with the hosting services agreed in the individual contract: provision of storage space, email services, web hosting and other cloud services.

(2) The type and scope of services (storage space, traffic, email mailboxes, domains, SLAs) result from the service description.

AHB § 3 Contract Term, Termination

(1) Unless otherwise agreed, the minimum contract term is 12 months from provision.

(2) Vis-à-vis entrepreneurs, the contract is extended by a further 12 months at a time, with a notice period of 3 months to the end of the respective term.

(3) The right to extraordinary termination for good cause remains unaffected.

AHB § 4 Availability

(1) Mate iT guarantees an annual average availability of 99.5 % for the agreed systems within the agreed service hours.

(2) Excluded from availability are scheduled maintenance work and disruptions outside the sphere of influence of Mate iT.

AHB § 5 Customer Obligations

(1) The customer is responsible for all content and data that he stores or processes on the systems.

(2) The customer undertakes not to store any unlawful content and not to violate the rights of third parties.

(3) The customer must keep access data secret and protect them from access by third parties.

AHB § 6 Data Backup

(1) Unless data backup by Mate iT is expressly agreed, the customer is solely responsible for regular backups of his data.

(2) In the event of data loss, Mate iT is liable limited to the effort required for restoration from properly created backup copies.

AHB § 7 Data Protection and Order Processing

(1) Insofar as Mate iT processes personal data on behalf of the customer in the context of hosting services, this is done on the basis of a separate Data Processing Agreement (DPA) under Article 28 GDPR.

(2) The customer is the controller within the meaning of the GDPR for the personal data processed.

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Status: November 2025