Terms of Service

Important Consumer Information

These Terms comply with EU Consumer Rights Directive 2011/83/EU and German BGB (Civil Code).

Key consumer protections:

14-day withdrawal right for consumers (EU mandatory)
Clear cancellation procedures
Transparent pricing and payment terms
Statutory warranty rights preserved
Alternative dispute resolution available
No unfair contract terms

1. Scope and Acceptance of Terms

1.1 Contracting Party:

These General Terms and Conditions ("Terms") govern the relationship between:

NGPX Group - Powered by LHB Fürst Holding GmbH
Ittenhauser Str. 10
88048 Friedrichshafen, Germany
Commercial Register: HRB 741356 (Amtsgericht Ulm)
VAT ID: DE 309 644 846
("NGPX", "we", "us", "our")

and you ("Customer", "Client", "User", "you", "your").

1.2 Acceptance:

By accessing our services, you agree to these Terms
Electronic acceptance is legally binding under eIDAS Regulation (EU) 910/2014
Business customers accept by placing an order
Consumers receive order confirmation as acceptance

1.3 Capacity:

You must be at least 18 years old and have full legal capacity to enter into contracts.

2. Services Offered

NGPX provides:

Technology consulting services
Digital transformation solutions
Cloud infrastructure services
Data analytics solutions
AI and machine learning implementation
Software development services
Managed IT services

Detailed service descriptions are provided in individual service agreements.

3. Contract Formation

Under German law (§§ 145-157 BGB):

Service listings are invitations to treat
Your order constitutes an offer
We confirm receipt within 48 hours
Contract forms upon our acceptance
Order confirmation sent by email

Electronic Commerce: Compliant with E-Commerce Directive 2000/31/EC.

4. Consumer Right of Withdrawal (Widerrufsrecht)

4.1 Right of Withdrawal for Consumers:

You have the right to withdraw from this contract within 14 days without giving any reason.

4.2 Withdrawal Period:

14 days from contract conclusion for services
14 days from receipt of goods for physical products
14 days from first delivery for subscriptions

4.3 Exercising Withdrawal:

To exercise your right of withdrawal, inform us by:

Email: info@ngpx-group.com
Post: NGPX Group, Ittenhauser Str. 10, 88048 Friedrichshafen
Online form: Available in your account dashboard

4.4 Effects of Withdrawal:

Full refund within 14 days of notice
Same payment method used for refund
No fees for standard refund processing
Proportional payment for services already rendered

4.5 Exceptions:

Right of withdrawal does not apply to:

Customized software developed to specifications
Services fully performed with your consent
Sealed digital content once downloaded
B2B contracts (business customers)

5. Pricing and Payment Terms

5.1 Prices:

All prices in EUR unless specified otherwise
Consumer prices include VAT (19% German MwSt)
Business prices shown exclude VAT
Price changes with 30 days notice for ongoing services

5.2 Payment Methods:

Bank transfer (SEPA)
Credit card (Visa, Mastercard)
Stripe
Wise
PayPal (subject to PayPal terms)
Direct debit (SEPA mandate required)
Purchase order (approved businesses only)

5.3 Payment Terms:

Consumers: Payment due upon order
Businesses: Net 14 days unless agreed otherwise
Late payment: Legal interest rate (§ 288 BGB)
Service suspension after 30 days overdue

6. Service Level Agreement (SLA)

Service Level	Commitment
Availability	99.9% uptime for cloud services (excluding maintenance)
Support Response	Critical: 1 hour \| High: 4 hours \| Normal: 24 hours \| Low: 48 hours
Maintenance Window	Scheduled: 72 hours notice \| Emergency: Immediate with notification
Data Backup	Daily backups retained for 30 days
Service Credits	Pro-rata refund for downtime exceeding SLA

7. Intellectual Property Rights

7.1 NGPX Property:

All NGPX software, content, and materials remain our property
Limited license granted for service use only
No transfer of ownership unless explicitly agreed
Protected under EU Copyright Directive 2019/790

7.2 Customer Property:

You retain ownership of your data and content
You grant us license to process data for service provision
We respect your intellectual property rights
No use beyond service provision without consent

7.3 Open Source:

Third-party open source components are subject to their respective licenses.

8. Data Protection

GDPR Compliance:

Full GDPR compliance guaranteed
Data Processing Agreement available
ISO 27001 compliant
Privacy by Design implementation

See our Privacy Policy for details.

9. Confidentiality

Both parties agree to:

Maintain strict confidentiality
Use information only for contract purposes
Apply reasonable security measures
Return/delete confidential data upon termination

NDAs available upon request.

10. Limitation of Liability

10.1 Statutory Liability (German Law):

We are liable without limitation for:

Intent and gross negligence
Injury to life, body, or health
Breach of essential contractual obligations
Product Liability Act claims
Fraudulent concealment of defects

10.2 Limited Liability:

Simple negligence: Limited to foreseeable damages
Service interruptions: Limited to service fees
Data loss: Limited to restoration costs
Third-party claims: Indemnification provided

10.3 Maximum Liability:

Except for unlimited liability cases, maximum liability is limited to annual service fees.

10.4 Consumer Rights:

Statutory consumer protection rights remain unaffected.

11. Warranties and Guarantees

11.1 Statutory Warranty (Gewährleistung):

2 years for consumers (§ 438 BGB)
1 year for businesses (unless agreed otherwise)
Defect notification required promptly
Right to repair, replacement, or refund

11.2 Service Warranty:

Services performed with professional care
Industry standards compliance
Qualified personnel deployment
Error correction at no additional cost

11.3 Exclusions:

Customer-caused issues
Unauthorized modifications
Force majeure events
Normal wear and tear

12. Termination

12.1 Ordinary Termination:

Monthly contracts: 30 days notice
Annual contracts: 3 months notice
Projects: Upon completion
Trial periods: Immediate

12.2 Extraordinary Termination:

Material breach after warning
Insolvency proceedings
Payment default > 60 days
Illegal use of services

13. Force Majeure

Neither party liable for:

Natural disasters
War, terrorism, civil unrest
Government actions
Pandemic restrictions
Infrastructure failures beyond control

Obligations: Prompt notification and mitigation efforts required.

14. Dispute Resolution

14.1 Amicable Resolution:

Parties shall attempt good faith resolution within 30 days.

14.2 Consumer ODR Platform:

EU Online Dispute Resolution Platform: https://ec.europa.eu/consumers/odr

Our email for ODR: disputes@ngpx-group.com

14.3 Alternative Dispute Resolution:

We are not obligated but willing to participate in consumer arbitration proceedings.

14.4 Mediation:

Business disputes: Mediation under German Mediation Act before litigation.

14.5 Jurisdiction:

Consumers: Your place of residence
Businesses: Friedrichshafen, Germany
International: German courts

15. Applicable Law and Jurisdiction

15.1 Governing Law:

German law applies exclusively
UN Sales Convention (CISG) excluded
Consumer protection laws preserved

15.2 Language:

Contract language: German and English
German version prevails in disputes
Translations for convenience only

15.3 Legal Venue:

Registered office: Friedrichshafen
Consumer protection: Your jurisdiction
EU cross-border: Brussels I Regulation

16. Amendments and Updates

16.1 Modification Rights:

30 days advance notice for changes
Email notification to registered users
Deemed accepted if service continues
Special termination right upon material changes

16.2 Version Control:

Current version always on website
Previous versions archived
Changes highlighted in updates

17. Final Provisions

17.1 Entire Agreement:

These Terms constitute the entire agreement unless supplemented by specific service agreements.

17.2 Severability:

If any provision is invalid, remaining provisions continue. Invalid provisions replaced by statutory law.

17.3 Assignment:

Customer rights non-transferable without consent. NGPX may assign to affiliates.

17.4 Waiver:

No waiver unless in writing. Single waiver doesn't constitute ongoing waiver.

17.5 Written Form:

Amendments require written form. Email satisfies written form requirement.

Contact Information

For Terms inquiries:

NGPX Group - Powered by LHB Fürst Holding GmbH
Ittenhauser Str. 10
88048 Friedrichshafen
Germany

Email: legal@ngpx-group.com
Phone: +49 (0) 160 90624216
Managing Director: Alexander Fürst