Help by remote access, secure and traceable

§ 1 Contracting parties, subject matter and type of contract

(1) The customer's contracting partner is Fahreddin Ergin – Ergin Digital, Zierenberger Straße 36, 34379 Calden, Germany, email kontakt@ergindigital.com, phone +49 5677 9218771 ("Ergin Digital").

(2) Ergin Digital supports the customer by remote access to a device the customer has released, for the purpose of diagnosing and fixing IT problems and other agreed IT activities.

(3) Remote support is a service contract (§ 611 of the German Civil Code, BGB). What is owed is professional effort, not a specific outcome, unless an outcome is expressly agreed in an individual case.

(4) Each order covers a single remote-support session (a one-off order, § 11).

(5) Rights this contract expressly grants to consumers (in particular the right of withdrawal) do not apply to customers acting as a business.

§ 2 Formation of the contract

(1) By submitting the online form via the "Order with payment obligation" button, the customer makes a binding offer. Ergin Digital automatically confirms receipt without delay by email; this acknowledgement of receipt is not yet an acceptance.

(2) The contract is formed once Ergin Digital accepts the offer by email, at the latest when the session begins. The acknowledgement of receipt contains this contract text and the customer's declarations.

(3) Entering the full name in the "signature" field and ticking the confirmations counts as a declaration in text form. No written form is required for this contract.

(4) Ergin Digital stores the contract text together with the customer's details. The customer can save the contract text as a file on the website before and after submitting it. The contract language is German.

§ 3 Process and approval of access

(1) The software RustDesk is used for remote support (§ 8). The customer starts RustDesk on the device concerned, tells Ergin Digital the ID that is shown, and actively accepts the connection request from Ergin Digital.

(2) No access takes place without this active approval.

(3) The customer can view the screen throughout the whole session.

(4) The session ends once the agreed activities are complete, at the latest when the connection is disconnected. The customer can disconnect at any time without giving reasons.

§ 4 Obligations of the customer

(1) The customer ensures that they are authorised to release the device and the data on it (as its owner, possessor or another person authorised to do so). Access therefore takes place with the consent of the person authorised to give it, and not without authorisation within the meaning of § 202a of the German Criminal Code (StGB).

(2) The customer makes their own, current backup of their data before the session begins, to the extent this is reasonable and possible for them. The risk of data loss cannot be fully excluded with any remote-support session.

(3) The customer is present during the session and can end it at any time, for example by closing RustDesk, disconnecting the internet connection or switching off the device.

(4) The customer closes RustDesk after the session so that no further remote access is possible.

(5) If the customer culpably breaches these obligations and damage results, for example data loss due to a missing backup, this is taken into account under the liability provisions in § 10.

§ 5 Obligations of Ergin Digital

(1) Ergin Digital only carries out the agreed activities and obtains the customer's consent in advance for anything beyond that.

(2) Ergin Digital treats all information and data that becomes known during the remote-support session as confidential and uses it exclusively to provide the service.

(3) Ergin Digital keeps a short log per session (date, time, duration, activity) for billing and evidence purposes. Screen recording only takes place by separate agreement.

(4) If the customer is bound by professional secrecy under § 203 (1) or (2) of the German Criminal Code (StGB) and the remote-support session gives access to protected secrets, Ergin Digital acts as an assisting person under § 203 (3) StGB and is bound to confidentiality.

§ 6 Fee

(1) The fee is €69 per hour. Billing is for each 15 minutes started (€17.25) of the actual session duration. The prices are final prices; as a small business under § 19 of the German VAT Act (UStG), Ergin Digital does not charge VAT. No further costs arise.

(2) Ergin Digital issues an invoice after the session stating the date, duration and activity. It is payable by bank transfer within 14 days.

§ 7 Data protection and data processing (Art. 28 GDPR)

(1) If Ergin Digital gains access to personal data during the remote-support session for which the customer is a controller within the meaning of the GDPR, Ergin Digital processes this data as a processor. The following paragraphs form the contract under Art. 28 (3) GDPR; text form is sufficient (Art. 28 (9) GDPR).

(2) Subject matter and duration: remote support during the respective session. Nature and purpose: diagnosis, maintenance and setup of IT systems. Type of data and data subjects: the data stored on the released device belonging to the customer and to the people whose data the customer processes there.

(3) Ergin Digital only processes this data on the customer's documented instructions, generally the activity agreed during the session (Art. 28 (3)(a) GDPR), and informs the customer without delay if, in its view, an instruction infringes data-protection law.

(4) The people authorised to process the data are bound to confidentiality (point (b)). Ergin Digital takes suitable technical and organisational measures under Art. 32 GDPR (point (c)).

(5) The customer approves Hetzner Online GmbH, Industriestraße 25, 91710 Gunzenhausen, Germany, as a further processor for operating the relay server in Germany. Ergin Digital informs the customer in advance of any intended changes; the customer can object (Art. 28 (2) and (4), (3)(d) GDPR).

(6) Ergin Digital supports the customer, to a reasonable extent, with requests from data subjects and with the obligations under Art. 32 to 36 GDPR, in particular when reporting data-protection breaches (points (e) and (f)).

(7) Once the service is complete, Ergin Digital deletes the customer's personal data that arose from it, or returns it at the customer's choice, unless a statutory retention obligation applies (point (g)). Ergin Digital keeps the invoice and the billing log for the periods required under tax law.

(8) Ergin Digital makes the information needed as evidence available to the customer and allows audits (point (h)).

§ 8 Technical implementation

(1) Remote support is carried out with the free software RustDesk (version 1.4.9, licensed under the GNU AGPL v3). For this, Ergin Digital operates its own relay server at fernwartung.ergindigital.com in a data centre of Hetzner Online GmbH in Germany.

(2) According to the manufacturer, the connection is end-to-end encrypted ("end-to-end encryption based on NaCl"). There is no separate manufacturer statement confirming that a self-hosted relay server specifically cannot read the session content either; Ergin Digital only repeats the manufacturer's general statement in this respect.

(3) The server stores the device's RustDesk ID and the IP address it connects from, as well as connection logs. The logs are deleted after 14 days, ID entries after 30 days.

§ 9 Time of performance

The session takes place at the time agreed with the customer. Ergin Digital does not start a session without an appointment.

§ 10 Liability

(1) Ergin Digital is liable without limit for damage arising from injury to life, body or health, and for damage caused by intent or gross negligence on the part of Ergin Digital or its agents.

(2) For slightly negligent breach of material contractual obligations — those whose performance makes the proper execution of the remote-support session possible in the first place and on whose observance the customer may regularly rely — liability is limited to the foreseeable damage typical for this type of contract at the time the contract was formed.

(3) Otherwise, liability for slight negligence is excluded.

(4) Mandatory statutory liability, in particular under the German Product Liability Act, remains unaffected.

(5) Ergin Digital is not liable for data loss to the extent the damage could have been avoided by a backup reasonable for the customer under § 4 (2).

§ 11 Term and termination

(1) The contract covers a single session and ends automatically once it is complete.

(2) The customer can end the session at any time without notice and without giving reasons. In that case, the time used up to that point is billed under § 6.

(3) Consumers additionally have the statutory right of withdrawal under the withdrawal notice below.

§ 12 Final provisions

(1) Amendments and additions require text form.

(2) Ergin Digital does not take part in dispute-resolution proceedings before a consumer arbitration board.

(3) If a provision is invalid, the rest of the contract remains valid; the statutory provision takes its place.

Withdrawal notice (consumers only)

Right of withdrawal

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

The withdrawal period is fourteen days from the day the contract was concluded.

To exercise your right of withdrawal, you must inform us (Fahreddin Ergin – Ergin Digital, Zierenberger Straße 36, 34379 Calden, Germany, phone: +49 5677 9218771, email: kontakt@ergindigital.com) by a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form, although it is not obligatory.

You can also exercise your right of withdrawal online at https://ergindigital.com/en/widerruf. If you use this online option, we will communicate to you an acknowledgement of receipt of such a withdrawal without delay on a durable medium (for example by email), including information on the content of the withdrawal declaration and the date and time it was received.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you have requested that the services should begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

End of the withdrawal notice

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To Fahreddin Ergin – Ergin Digital, Zierenberger Straße 36, 34379 Calden, Germany, email: kontakt@ergindigital.com:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the supply of the following goods (*)/the provision of the following service (*): Remote support

Ordered on (*)/received on (*): ________

Name of consumer(s): ________

Address of consumer(s): ________

Signature of consumer(s) (only if this form is notified on paper): ________

Date: ________

(*) Delete as appropriate.