° Terms and Conditions
of 36T Solutions GmbH · Version: October 2026
This English version is provided for convenience. Only the German version is legally binding.
Part A applies to all contracts. Part B applies in addition to the “36T Cloud” subscription, Part C to support hours; they take precedence over Part A where they differ.
° Part A: General Provisions
§ 1 Scope
(1) These General Terms and Conditions apply to all contracts, deliveries and services of 36T Solutions GmbH (“36T”) towards its customers.
(2) The “36T Cloud” subscription is additionally governed by the Special Terms in Part B, support hours by those in Part C. Where they deviate from Part A, they prevail.
(3) 36T’s offer is directed exclusively at businesses within the meaning of § 14 BGB, legal entities under public law and special funds under public law. On concluding the contract, the customer confirms that it acts in the course of its trade, business or profession.
§ 2 Conclusion of Contract
Offers by 36T are non-binding. A contract is concluded by an order confirmation in text form, by completing an online order process or by the start of performance.
§ 3 Exclusion of Other Terms
The customer’s general terms and conditions do not apply, even if 36T does not expressly object to them or performs in the knowledge of such terms.
§ 4 Services
(1) 36T provides IT services with due care in accordance with the relevant agreement. A specific result is only owed if this has been expressly agreed in text form.
(2) 36T may use subcontractors to perform its services.
(3) Statements in service descriptions, offers, on the website or in presentations are descriptions, not guarantees or warranted characteristics. A guarantee exists only if it is expressly designated as such in text form.
§ 5 Payment Terms
(1) Unless agreed otherwise, invoices are due without deduction within 14 days of the invoice date.
(2) In the event of late payment, the statutory default interest and the lump sum under § 288 BGB apply. The right to claim further damages is reserved.
(3) 36T may withhold or suspend services as long as payments due are outstanding.
(4) The customer may only set off claims that are undisputed or have been finally established by a court. The customer may only exercise a right of retention on the basis of claims arising from the same contractual relationship.
§ 6 Debt Collection
36T may hand overdue claims to a collection agency or a lawyer. The customer bears the resulting costs to the extent they are recoverable by law.
§ 7 Taxes and Withholding Tax
All prices are net plus statutory VAT. If the customer is legally required to withhold tax, it shall increase the payment so that 36T receives the full invoiced amount after the deduction, to the extent permitted by law.
§ 8 Liability
(1) 36T is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of an expressly assumed guarantee.
(2) In cases of simple negligence, 36T is only liable for the breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely (cardinal obligation). In this case liability is limited to the damage typical of this type of contract and foreseeable at the time the contract was concluded, and at most to the fees paid by the customer to 36T in the twelve months before the event causing the damage.
(3) Otherwise, 36T’s liability is excluded. This applies in particular to lost profit, lost savings, indirect and consequential damage, insofar as they are based on simple negligence.
(4) For loss of data, 36T is only liable for the effort that would have been required to restore it had the customer backed up its data properly and regularly.
(5) The above limitations also apply in favour of 36T’s officers, employees and agents.
(6) The customer’s claims for damages become time-barred one year after the statutory limitation period begins, except in the cases of paragraph 1.
§ 9 Defects
(1) The customer shall report obvious defects in text form without delay, at the latest within 14 days after they become apparent, describing them as precisely as it can.
(2) 36T may, at its option, remedy the defect or perform again. Claims for defects become time-barred after one year, unless § 8 (1) applies.
§ 10 Confidentiality, Rights, Reference
(1) Each party treats the other party’s confidential information as confidential. Data protection is governed by the GDPR and the applicable national laws.
(2) 36T retains all rights in software, modules, templates and other work results that it has not expressly created individually for and transferred to the customer. The customer receives a non-exclusive, non-transferable right of use to the extent provided for in the contract.
(3) 36T may name the customer as a reference, using its name and logo. The customer may object to this at any time in text form.
§ 11 Force Majeure
Events for which 36T is not responsible (in particular disruptions at data centres, network and energy suppliers, attacks on IT systems, strikes, official measures, pandemics) release 36T from its obligation to perform for their duration and a reasonable start-up period.
§ 12 Changes to these Terms
(1) 36T may change these terms with effect for the future where this is necessary for an objective reason (such as changes in the law, case law, technical developments or changed services) and does not unreasonably disadvantage the customer.
(2) Changes are notified to the customer in text form at least four weeks before they take effect. If the customer does not object before they take effect, they are deemed accepted. The notice points out this consequence and the right to terminate the contract until then.
§ 13 Final Provisions
(1) German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The exclusive place of jurisdiction is 36T’s registered office. 36T may also sue at the customer’s registered office.
(3) Declarations under these terms require text form (e.g. e-mail), unless otherwise provided.
(4) Should any provision be invalid, the remainder of the contract remains valid.
° Part B: Special Terms for “36T Cloud”
§ 14 Subject Matter
(1) 36T provides the customer with an Odoo installation (“instance”) as an online service for use over the internet. The scope of services follows from the chosen plan and the service description valid at the time of the order.
(2) Unless agreed separately, the following in particular are not included: set-up, data migration, training, customisation, consulting, support and e-mail services (mailboxes, sending and receiving via the customer’s domains). 36T provides these services on request for a separate fee.
§ 15 Conclusion, Term, Termination
(1) The contract is concluded when the order process is completed.
(2) The term is one month and is extended by one further month at a time unless terminated.
(3) The customer may terminate with effect from the end of the current term, in the customer portal or in text form. Fees already paid are not refunded.
(4) 36T may terminate the contract at any time without giving reasons with one month’s notice in text form. 36T refunds, pro rata, fees already paid for the period after the termination takes effect.
(5) If the contract ends through termination by 36T under paragraph 4, 36T provides the customer before the end with a complete copy of its data (database and attachments in Odoo’s standard format) so that it can continue to use them on a platform of its choice. Further assistance with the move is provided on request against separate payment.
(6) The right to terminate for cause remains unaffected. 36T has cause in particular if the customer is more than 14 days in arrears with a payment or breaches § 21.
§ 16 Services and their Development
(1) 36T operates the instance and applies updates. 36T determines the type, timing and scope of updates, the infrastructure and the service providers used.
(2) 36T may further develop and change the services and change, replace or discontinue functions and modules, as long as the main purpose of the contract, the use of an Odoo instance, is preserved and the change is reasonable for the customer. Material restrictions are announced at least four weeks in advance; the customer may then terminate with effect from the date the change takes effect.
(3) 36T may apply security updates at any time and without notice.
(4) Third-party software, in particular Odoo Community and open-source modules, is provided in the version made available at the time. 36T assumes no responsibility for its functionality beyond these terms.
§ 17 Availability and Maintenance
(1) 36T strives for operation that is as free of disruption as possible. No specific availability, response time or recovery time is agreed, unless expressly committed to in text form for the chosen plan.
(2) 36T may interrupt operation for maintenance, updates, migrations of the instance and to avert risks. Where possible, 36T announces longer planned interruptions in advance.
(3) Disruptions outside 36T’s sphere of influence, in particular on the internet, on the customer’s side or at third-party providers, are not a breach of duty by 36T.
§ 18 Prices and Payment
(1) The prices published at the time of the order apply, plus VAT. The fee is due in advance for each term.
(2) Payment is made via a payment service provider using the payment methods offered there. 36T issues the invoice and sends it electronically.
(3) 36T may change the prices for future terms. The change is notified in text form at least four weeks in advance; the customer may terminate until it takes effect.
(4) § 5 paragraphs 1 and 3 do not apply; otherwise § 5 applies.
§ 19 Suspension
(1) 36T may suspend the instance in whole or in part if
- a) the customer is late with a payment,
- b) the customer breaches § 21 or such a breach is likely,
- c) the instance poses a risk to the security or operation of the systems of 36T or third parties, or
- d) a legal or official obligation requires it.
(2) Where possible and reasonable, 36T announces the suspension in advance and lifts it once its reason no longer applies. The obligation to pay the fee continues during a suspension for which the customer is responsible.
§ 20 Data, Backups and Export
(1) The data stored in the instance remains the customer’s data.
(2) 36T backs up the instance regularly. Frequency, type and retention of backups follow the plan’s service description and may be adjusted by 36T. There is no entitlement to the restoration of a specific state; restorations at the customer’s request are charged on a time-and-materials basis unless the plan provides otherwise.
(3) The customer is responsible for backing up its own data, in particular through regular exports, and for meeting its statutory retention obligations (including under HGB, AO and GoBD). 36T’s backups serve operation, not archiving for the customer.
(4) During the term, the customer receives an export of its data in Odoo’s standard format on request or in the customer portal.
(5) Once the contract has ended, for whatever reason, 36T may delete the instance and all data, including backups, after 30 days. Until then the customer may request an export. No further access is owed after the end of the contract.
§ 21 Customer Obligations
(1) The customer uses the instance only in compliance with the law. Prohibited in particular are unlawful content, unsolicited advertising, attacks on systems, cryptocurrency mining and any use that places an excessive load on 36T’s systems.
(2) The customer keeps access credentials secret, is responsible for the users of its instance and keeps its contact and billing details up to date. Notices sent to the most recently provided e-mail address are deemed received.
(3) The customer may use modules and software provided by 36T only within its instance; passing them on to third parties is not permitted unless a mandatory open-source licence allows otherwise.
(4) The customer indemnifies 36T against third-party claims based on unlawful use of the instance by the customer or its users, including reasonable costs of legal defence.
§ 22 Administrative Access, Logs and Metrics
(1) 36T has administrative access to the instance, the database and the systems on which it runs, and uses it as required for operation, security, maintenance, support or compliance with legal obligations.
(2) The customer acknowledges and agrees that 36T continuously collects, stores and analyses logs and metrics of the instance and the underlying systems, in particular application, server, access and error logs as well as load, storage, performance and extent of use. This serves operation, monitoring, troubleshooting, security, capacity planning and billing.
(3) 36T may also use this data for its own purposes in anonymised or aggregated form that does not allow conclusions to be drawn about the customer or natural persons, in particular for statistics and for improving and developing its services.
(4) 36T determines the type, scope, storage location and retention period of logs and metrics. The customer has no right to their release or retention. Where they contain personal data, the data processing agreement (§ 24) applies.
§ 23 Warranty for the Provision of Services
(1) Strict liability for defects already existing at the time the contract was concluded (§ 536a (1) alt. 1 BGB) is excluded.
(2) A reduction of the fee requires a significant impairment that the customer has reported to 36T and is limited to the fee for the month concerned. Insignificant impairments do not entitle the customer to a reduction.
§ 24 Data Processing
Where 36T processes personal data on behalf of the customer, 36T’s data processing agreement (DPA) applies, which is agreed with the order.
§ 25 Free Demo Instances
(1) Free demo instances are for trying out only. They are time-limited and are deleted, including all data, without further notice when the period ends. 36T may end them early at any time.
(2) The customer should not store real personal or business-critical data in demo instances.
(3) For demo instances, 36T is only liable for intent and gross negligence and in the cases of § 8 (1).
° Part C: Special Terms for Support Hours
§ 26 Subject Matter and Conclusion
(1) 36T provides support, consulting and development services on a time-and-materials basis, through hour packages or as hours on demand. Individual services are commissioned in the customer portal; an estimate is an estimate, not a fixed price.
(2) An hour package is concluded by ordering it in the customer portal or by accepting an offer. Package size, prices, the share of the capacity reservation and the validity period are set out in the order or the offer.
§ 27 Capacity Reservation and Hourly Price
(1) The price of an hour package consists of the fee for the capacity reservation and the hourly price per hour worked.
(2) With the capacity reservation, 36T keeps working capacity available for the customer for the validity period. It is a separate service, due in full on acceptance of the order and invoiced immediately. It is not a down payment and is neither refunded nor credited, even if the customer does not use the hours.
(3) The hourly rate is charged monthly for the hours actually worked.
§ 28 Validity and Expiry
The hours of a package can only be used within its validity period. After that, unused hours lapse without replacement; there is no entitlement to a refund, credit or transfer.
§ 29 Ceiling and Further Hours
(1) An hour package is a ceiling. The customer can only approve estimates to the extent that its active packages still have hours available.
(2) Hours worked beyond that (for example because a task exceeds its estimate or a package is used up or expires during the work) are carried over and charged to the next package at that package’s prices. If the customer orders no new package within the period stated in the order, they are charged as hours on demand at the hourly rate then applicable.
§ 30 Payment and Pausing
The capacity reservation is to be paid within the payment term of the invoice. Until it is paid, 36T may suspend the services under the package, in particular block the approval of new estimates; the obligation to pay remains.
§ 31 Hours on Demand
Hours on demand are provided by agreement and charged monthly by effort at the hourly rate agreed. No capacity reservation is involved.
§ 32 Time Recording
36T records the hours worked and shows them in the customer portal. The time record is binding unless the customer objects in text form within 30 days of the invoice.