Graham Miranda
Hasselfelder Str. 23
38889 Blankenburg (Harz), Germany
E-mail: [email protected]
Telefono: +49 15678 397267
Codice fiscale: 117/249/02725
Numero D-U-N-S®: 316 856 052
Last Updated: November 12, 2025
§ 1 Scope of Application
(1) General
These General Terms and Conditions (hereinafter “GTC”) apply to all business relationships between Graham Miranda (hereinafter “Provider” or “we”) and its customers (hereinafter “Customer” or “you”) in the version valid at the time of order.
(2) Consumers and Businesses
These GTC apply to both consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor independent professional activity (§ 13 German Civil Code).
An entrepreneur is a natural or legal person or a legal partnership who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 German Civil Code).
(3) Deviating Conditions
Deviating, conflicting, or supplementary General Terms and Conditions of the Customer shall only become part of the contract to the extent that we have expressly agreed to their validity in writing.
§ 2 Conclusion of Contract
(1) Offer and Order
The presentation of our services on the website does not constitute a legally binding offer but rather a non-binding invitation to order.
(2) Acceptance of Order
By submitting an order via our website, the customer makes a binding offer to conclude a contract. We can accept this offer within 5 business days by:
- Sending an order confirmation by email
- Sending a contract confirmation by email
- Delivery of goods or provision of service
(3) Storage of Contract Text
The contract text is stored by us and sent to the customer after conclusion of the contract together with these GTC by email. Additionally, the contract text is archived on our website.
§ 3 Scope of Services
(1) IT Services
We offer the following IT services:
- Managed Services – Management and maintenance of IT infrastructure
- IT Consulting & Advisory – Consulting and strategy development
- Cyber Security – Security solutions and consulting
- Web Development – Website development and design
- Cloud Services – Cloud migration and management
- eSIM Services – Mobile connectivity solutions
- SEO Services – Search engine optimization
- Web Hosting – Hosting solutions
(2) Service Description
The specific scope of services is determined by the respective service description or individual offer. Unless otherwise agreed, we have the right to determine the type and manner of service provision at our own discretion.
§ 4 Prices and Payment Terms
(1) Prices
All prices are in Euro (€). According to the small business regulation pursuant to § 19 German VAT Act, no value-added tax is calculated or shown.
(2) Payment Methods
We accept the following payment methods:
- Bank transfer
- PayPal
- Credit card
- SEPA direct debit (by agreement)
(3) Due Date
Unless otherwise agreed, our claims become due for payment immediately upon conclusion of the contract or invoicing. Payment must be made within 14 days of receipt of invoice without deduction.
(4) Payment Default
In case of payment default, we are entitled to charge default interest at the statutory rate. For businesses, the default interest rate is 9 percentage points above the base rate, for consumers 5 percentage points above the base rate.
§ 5 Delivery and Service Provision
(1) Delivery Times
Stated delivery times are non-binding unless expressly agreed as binding. The delivery period begins on the day of order confirmation.
(2) Service Obstacles
In case of service obstacles for which we are not responsible (e.g., force majeure, operational disruptions, strikes), delivery and service periods are extended appropriately.
(3) Partial Services
We are entitled to provide partial services insofar as this is reasonable for the customer.
§ 6 Customer’s Obligations to Cooperate
(1) Information Obligations
The customer is obliged to provide us with all information necessary for service provision in a timely and complete manner.
(2) Access
The customer ensures that we have the necessary access to systems, data, and information insofar as this is necessary for service provision.
(3) Data Backup
The customer is responsible for regular backup of their data unless otherwise agreed.
§ 7 Warranty
(1) Warranty for Consumers
For consumers, the statutory warranty rights apply (§§ 434 et seq. German Civil Code).
Warranty Period: 2 years from service provision
(2) Warranty for Businesses
For businesses, the warranty period is 12 months from service provision, unless longer periods are legally prescribed.
(3) Notice of Defects
Defects must be reported in writing immediately after discovery. Obvious defects must be complained about within 14 days of service provision.
(4) Supplementary Performance
In case of a defect, we first have the right to supplementary performance. We can choose between rectification and replacement delivery.
§ 8 Liability
(1) Liability for Intent and Gross Negligence
We are liable without limitation for damages resulting from injury to life, body, or health, as well as for damages based on intentional or grossly negligent breach of duty.
(2) Liability for Simple Negligence
In case of negligent breach of essential contractual obligations, our liability is limited to typical, foreseeable damage.
(3) Limitation of Liability for Businesses
Towards businesses, our liability is limited to the coverage amounts of our IT liability insurance:
- Financial losses: €300,000 per claim
- Personal/property damage: €3,000,000 per claim
Assicurazione: Markel Insurance SE, Policy Number: ON.MPI.64092
(4) Data Loss
We are only liable for the recovery of lost data if the customer has performed regular and complete data backup.
§ 9 Confidentiality and Data Protection
(1) Confidentiality
Both parties undertake to keep all confidential information disclosed during cooperation secret.
(2) Data Protection
We process personal data in accordance with the GDPR and our Privacy Policy: https://www.grahammiranda.com/legal/privacy-policy
(3) Data Processing
Insofar as we process personal data on behalf of the customer as part of service provision, a separate data processing agreement according to Art. 28 GDPR will be concluded.
§ 10 Copyrights and Usage Rights
(1) Copyrights
All works created by us (websites, software, designs, texts) are protected by copyright. Copyright remains with us.
(2) Usage Rights
After full payment, the customer receives a non-exclusive, unlimited usage right to the contractually created works.
(3) Resale
The resale or sublicensing of works to third parties requires our prior written consent.
§ 11 Termination
(1) Notice Periods for Continuing Obligations
Contracts for recurring services can be terminated by both parties with 3 months’ notice to the end of a calendar month, unless otherwise agreed.
(2) Extraordinary Termination
The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in case of:
- Payment default of more than 2 months
- Substantial breaches of contract
- Opening of insolvency proceedings
(3) Form of Termination
Terminations must be in text form (e.g., email, letter).
(4) Online Cancellation Button
Pursuant to § 312k German Civil Code, we provide consumers with an online cancellation button.
Cancellation Button: https://www.grahammiranda.com/cancel
§ 12 Right of Withdrawal for Consumers
(1) Right of Withdrawal
Consumers have a 14-day right of withdrawal. The withdrawal period is fourteen days from the day of conclusion of contract for services or from the day of service provision.
(2) Exercise of the Right of Withdrawal
To exercise your right of withdrawal, you must inform us by means of a clear statement:
Graham Miranda
Hasselfelder Str. 23
38889 Blankenburg (Harz)
E-mail: [email protected]
§ 13 Dispute Resolution
(1) EU Dispute Resolution
The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/
(2) Consumer Arbitration
Non siamo disposti o obbligati a partecipare a procedure di risoluzione delle controversie davanti a un collegio arbitrale dei consumatori.
§ 14 Applicable Law
(1) For Consumers
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) For Businesses
The law of the Federal Republic of Germany applies to the business relationship, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
§ 15 Place of Jurisdiction
(1) For Consumers
For consumers, the statutory provisions on jurisdiction apply.
(2) For Businesses
The exclusive place of jurisdiction is Blankenburg (Harz).
§ 16 Severability Clause
Should individual provisions of these GTC be invalid or unenforceable, the validity of the remaining GTC remains unaffected.
§ 17 Contact
If you have questions about these GTC or your contract:
Graham Miranda
Hasselfelder Str. 23
38889 Blankenburg (Harz)
Germania
Telefono: +49 15678 397267
E-mail: [email protected]
These General Terms and Conditions were created in consideration of the German Civil Code, German Commercial Code, German VAT Act, and other applicable German laws.