IT-Ability
Terms & Conditions
Last updated: 15 August 2026
These terms apply to quotations, projects, technical support, audits, hosting/server management, maintenance and other services supplied under the IT-Ability trade name. The legal or natural person identified on the quotation or invoice is the contracting service provider.
1. Scope and acceptance
These terms apply to all quotations, assignments and agreements with IT-Ability unless agreed otherwise in writing. If a mandatory consumer-protection rule applies, that rule takes precedence over any conflicting clause in these terms.
2. Quotations and project scope
A quotation, proposal, project description or written confirmation defines the agreed scope. It is based on the requirements, information and technical situation known at that time. Work not expressly included is outside the agreed price and planning. Unless stated otherwise, an unaccepted quotation is valid for 30 days.
3. Changes, additional work and revised scope
If the customer changes requirements, functionality, design, infrastructure or other assumptions after a quotation has been issued or accepted, the original quotation does not automatically cover the changed work. IT-Ability may issue a revised quotation, charge additional work, adapt the planning or pause work until the revised scope has been agreed. Work that has to be repeated because of a customer-requested change remains chargeable.
4. Performance of services
IT-Ability performs services with reasonable care, professional skill and according to generally accepted technical practice. Unless a specific result is expressly guaranteed in writing, technical services are an obligation of reasonable effort rather than an absolute result guarantee.
5. Customer cooperation
The customer must provide accurate information, access, credentials, licences, files and decisions that are reasonably needed to perform the work. IT-Ability is not responsible for delay, defects or damage directly caused by incorrect, incomplete or late information supplied by the customer.
6. Hosting, infrastructure and third parties
Services may depend on hosting providers, data centres, registrars, DNS providers, cloud services, software vendors, APIs and other third parties. IT-Ability cannot guarantee uninterrupted availability of services outside its direct control. If an incident occurs, IT-Ability will make reasonable efforts within the agreed service to diagnose, mitigate and restore service.
7. Outages, cyber incidents and force majeure
IT-Ability is not liable for failure or delay caused by circumstances reasonably outside its control, including power or network outages, data-centre failures, provider outages, hardware failure, natural disasters, governmental measures, strikes, serious illness, DDoS attacks, ransomware, malware, zero-day vulnerabilities, attacks by third parties or the discontinuation of third-party services. IT-Ability will nevertheless make reasonable efforts to limit the consequences and restore service.
8. Security and hacking
IT-Ability applies reasonable and proportionate security measures appropriate to the assignment. No internet-connected system can be guaranteed to be completely secure. IT-Ability therefore cannot guarantee that a website, server, account or application will never be compromised. Following an incident, reasonable efforts will be made to investigate, contain and restore affected systems within the agreed service.
9. Backups and data loss
Backups reduce risk but do not provide an absolute guarantee against data loss. Unless IT-Ability has expressly accepted responsibility for a defined backup service, the customer remains responsible for keeping an independent current copy of business-critical data. Even managed backups can be affected by corruption, ransomware, software defects or third-party failures. IT-Ability cannot guarantee that every backup will always be complete or recoverable.
10. Updates and third-party software
CMS software, plugins, themes, operating systems, APIs and external platforms may be changed or discontinued by their suppliers. IT-Ability cannot guarantee permanent compatibility or availability. Work caused by such third-party changes is not automatically included in an earlier project or maintenance agreement unless expressly stated.
11. Licences and external costs
Commercial software, hosting, domain names, APIs and third-party licences are included only when expressly stated. Supplier price changes, licence changes or product discontinuation are outside IT-Ability’s control.
12. Delivery and acceptance
The customer should review delivered work within a reasonable period and report defects relating to the agreed scope promptly. New functionality or a change to previously accepted functionality is not defect correction and may be treated as additional work.
13. Maintenance and ongoing responsibility
Ongoing support, monitoring, security maintenance or updates are included only when expressly agreed. Creating or repairing a website, server or application does not make IT-Ability indefinitely responsible for its future operation, security or compatibility.
14. Fees and payment
Prices exclude applicable taxes unless stated otherwise. Invoices are payable within the period stated on the invoice. If payment remains overdue after reasonable notice, IT-Ability may suspend non-essential work or services to the extent permitted by law. Third-party costs incurred for the customer may be charged separately.
15. Intellectual property
Unless agreed otherwise, reusable methods, scripts, tools, configurations, know-how and generic software developed by IT-Ability remain with IT-Ability. After full payment the customer receives the agreed rights to customer-specific deliverables. Third-party rights remain with their respective owners.
16. Customer materials
The customer is responsible for having the right to use texts, images, logos, software, databases and other materials supplied for the assignment. IT-Ability is not responsible for third-party claims arising from materials used on the customer’s instruction, unless IT-Ability knew or should clearly have known that the use was unlawful.
17. Confidentiality and access
Credentials, confidential business information and customer environments are treated confidentially and accessed only as reasonably necessary to provide the agreed technical service.
18. Personal data
Where IT-Ability processes personal data on behalf of a customer, the customer normally acts as controller and IT-Ability as processor. Where required, the parties will enter into additional data-processing terms.
19. Liability
IT-Ability is liable for direct damage only to the extent it is demonstrably caused by an attributable breach by IT-Ability. To the extent permitted by law, IT-Ability is not liable for indirect or consequential loss, lost profit, lost turnover, loss of customers, reputational damage, business interruption or data loss. Where permitted, total liability is limited to the amount paid for the affected service during the six months preceding the event, unless an applicable insurance policy pays a higher amount. These limitations do not apply where liability cannot legally be excluded or limited, including intentional misconduct or other cases covered by mandatory law.
20. Customer responsibility
The customer remains responsible for its own business operations, legal and administrative obligations, website content, data-processing choices and business decisions. Technical advice from IT-Ability is not legal, tax or financial advice.
21. Suspension and termination
Existing work and committed third-party costs remain payable on termination. IT-Ability may suspend or end services where continuation cannot reasonably be required, including persistent non-payment, unlawful use, serious security risk or repeated breach of agreed conditions.
22. Changes to these terms
IT-Ability may update these terms. A one-off assignment is normally governed by the version in force when the agreement was concluded. For ongoing services, updated terms may apply after reasonable notice where permitted by law.
23. Severability
If any provision is invalid or unenforceable, the remaining provisions remain in force. The invalid provision will be interpreted or replaced as closely as legally possible to its intended purpose.
24. Applicable law and disputes
The applicable law and competent forum follow the legal identity and establishment stated on the relevant quotation or invoice and any mandatory rules that apply. Parties should first try to resolve disputes in good faith. Mandatory consumer rights are not restricted by this clause.