Service terms
The standard terms every Ship & Sleep engagement is based on · the individually signed agreement always prevails
1. What Ship & Sleep provides
Ship & Sleep provides two services: a one-time Health Check (read-only assessment of an application's production setup, delivered as a written report) and Managed Operations (ongoing monitoring, backups, security patching, and fixes for an adopted application, per the service levels in the signed agreement).
2. What Ship & Sleep does not provide
No feature development, no guarantees of uninterrupted availability, no operation of applications handling medical records, self-custodied payment data, gambling, or regulated financial services. Ship & Sleep may decline an application after the Health Check; in that case the reasons are stated in the report.
3. Health Check guarantee
If a Health Check report does not surface at least one material risk or defect the client was not already aware of, the Health Check fee is waived or refunded. "Material" means: a finding that a reasonable operator would act on (e.g. missing or unrestorable backups, exposed secrets, unmonitored failure modes, unpatched vulnerable dependencies).
4. Service levels and credits
Coverage windows, response times, backup and restore-drill cadence, and included fix hours are defined per plan in Schedule A of the signed agreement (summarized on the website). If a committed first-response time is missed, the client receives a service credit of 10% of the current month's fee per incident, capped at 50% per month, applied automatically to the next invoice.
5. Access and security
Access follows least privilege: read-only for Health Checks, operator access after adoption, limited to systems named in the agreement. Credentials are stored in a dedicated credential vault. All systems and accounts remain the client's property throughout.
6. Changes to the application
Routine patching and incident response are covered by the agreement. Any change beyond that scope is proposed in writing and requires the client's approval before implementation. In ambiguous situations Ship & Sleep acts fail-closed: the default action is the one that cannot cause data loss.
7. Data protection
A data processing agreement pursuant to Art. 28 GDPR is part of every Managed Operations contract. Client code and data are used exclusively to perform the contracted services.
8. Term and termination
Managed Operations runs month to month and can be terminated by either party to the end of any calendar month, in text form. Upon termination the client receives the handover package: return and rotation of credentials, current runbook, architecture notes, open items, and up to 30 days of reasonable follow-up questions at no charge.
9. Liability
Ship & Sleep is liable without limitation for intent and gross negligence and under mandatory statutory liability. For simple negligence, liability is limited to breaches of essential contractual obligations and capped at the fees paid in the twelve months preceding the event. Liability for loss of profit is excluded to the extent legally permissible. The parties record that the service is an operations service; it reduces operational risk and cannot eliminate it.
10. Governing law
German law applies. Place of jurisdiction, where legally permissible, is Konstanz, Germany.