General Terms and Conditions
Section A: Scope, General, Scope of Service, and Basic Functions
These general terms and conditions (hereinafter referred to as "Terms") apply to services provided by djumla GmbH, Alte Wallgasse 6, D-50672 Cologne, Germany (hereinafter referred to as "djumla"), offered to users as part of an extended Security Support for the OpenSource Software Joomla, Version Branch 3.x (hereinafter referred to as "Service").
Users of the Service and thus contractual partners of djumla are exclusively entrepreneurs within the meaning of § 14 of the German Civil Code (BGB).
Section B: Services by djumla
djumla provides users with specially developed updates and patches ("Update Packages") for Joomla 3.x to address security vulnerabilities reported to the Joomla Project for the succeeding versions. There is no claim to a specific number of updates and/or patches as these are determined by the notifications received by djumla from the Joomla Project.
The Update Packages are made available to users through an Update Server set up and operated by djumla, which users can configure as an updatesource in their Joomla instance in order to retrieve the corresponding patches. An instance is defined as a production environment consisting of source files and a database, .
In connection with the Update Packages, djumla provides additional support, including:
- User assistance for the installation of the relevant Update Package in the user's Joomla 3.x environment. This includes accepting error and application questions, including error correction within the respective Update Package.
- djumla provides the following email address as a support channel: [email protected]
- Support hours are from Monday to Friday from 09:00 to 18:00, excluding holidays in the state of North Rhine-Westphalia, Germany. All services refer to the user's Joomla instance. Storing the Update Server provided for an instance in multiple instances or sharing the Update Server URL with third parties is prohibited. A violation of that clause allows djumla to terminate the contract immediately without a refund.
Section C: Excluded Services
The following points are expressly excluded from the service:
- General support services not related to the service
- Development of new features
- Bugfixes in existing features of the Joomla core
- Adaptation of Joomla to software environments that do not comply with Joomla 3.x technical requirements: https://downloads.joomla.org/technical-requirements
- Adaptation or patching of security vulnerabilities in third-party extensions or other code not included in the Joomla Core
Section D: Costs and Contract Duration
In order to use the Service for one Joomla instance, the user pays a one-time fee of €90, plus VAT (if applicable) in advance. The transaction is processed through the payment gateway of Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, acting as an intermediary between the user, djumla, and the respective payment service.
The user is entitled to use the Service for a Joomla instance from the start of the contract until February 17, 2025. After that, the period ends without the need for termination by the user or djumla. In addition, each contracting party has the right to terminate the agreement for cause. A material reason exists in particular if the other party has violated essential principles and obligations of the contract concluded based on these Terms.
Section E: Usage and Copyright
All updates and patches are based on the Open Source Software Joomla, Version Branch 3.x. Therefore, the underlying license terms of Joomla Version Branch 3.x also apply to them. These terms are available at the following URL: https://github.com/joomla/joomla-cms/blob/3.10-dev/LICENSE.txt.
Section F: User's Responsibilities
The user provides a system environment that meets the technical requirements of Joomla 3.x.
In case of support, the user provides djumla with all requested information and access data, especially a meaningful error description, as well as access data to the Joomla instance and the web space.
The user strives to describe errors as follows:
- Provide a detailed description of the problem for proper classification;
- Describe the functionality that should occur;
- Specify what exactly is not working;
- Indicate when the error first occurred;
- If possible, provide a screenshot.
Section G: Liability
djumla is liable without limitation for intent and gross negligence.
In cases of slight negligence, djumla's liability is limited to breaches of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on whose compliance the user regularly relies. In this case, liability is limited in terms of the foreseeable damage typical for the contract.
The above limitations of liability do not apply to damages resulting from bodily injuries. Claims under the Product Liability Act remain unaffected.
The above provisions also apply in favor of djumla's vicarious agents.
Section H: Language of the Contract/Place of Performance/Applicable Law/Jurisdiction
The place of performance for all contractual obligations of djumla, except in the case of assumption of a duty to deliver or other agreements, is the registered office of djumla.
German law, excluding the UN Convention on Contracts for the International Sale of Goods, applies. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is D-50672 Cologne, Germany, provided the contracting party is a merchant, a legal entity under public law, or a special fund under public law.