General Terms and Conditions

(1) These General Terms and Conditions (hereinafter "GTC") apply to all business relationships between the Contractor and the Client (hereinafter "Client"). The Client must be an entrepreneur within the meaning of § 14 BGB. These GTC do not apply to consumers within the meaning of § 13 BGB.

(2) Deviating, conflicting, or supplementary terms and conditions of the Client shall only become part of the contract if the Contractor expressly agrees to their validity in writing. This consent requirement applies in all cases, even if the Contractor performs services without reservation while being aware of the Client's terms.

(3) The Contractor's services include web development, software development, hosting, consulting, and related digital services.

(1) Presentations and price information on the Contractor's website are non-binding estimates and do not constitute an offer within the meaning of § 145 BGB.

(2) A contract is only concluded upon the Contractor's written order confirmation. Text form via email satisfies the written form requirement.

(3) Offers by the Contractor are valid for 30 days unless otherwise stated. Oral side agreements require written confirmation to be effective.

(1) The type and scope of services to be provided are determined exclusively by the respective individual contract (proposal and order confirmation).

(2) Changes requested by the Client after contract conclusion require a written change request. The Contractor will specify the additional effort and any extra costs in advance. Without written approval of the change request, there is no obligation to perform the requested change.

(3) The Contractor is entitled to provide partial services and invoice them separately, provided this is reasonable for the Client.

(4) Hosting is an optional additional service and not automatically part of a web development contract. Technical recommendations by the Contractor do not constitute legal advice.

(1) All prices are net prices plus the statutory value-added tax of currently 19%. Price information on the Contractor's website are non-binding estimates and not an offer.

(2) Unless otherwise agreed, the following payment model applies: 50% of the total amount upon order placement (deposit), 50% upon acceptance. For larger projects, milestone-based payments may be agreed upon.

(3) Invoices are due within 14 days of the invoice date without deduction.

(4) In the event of late payment, the Contractor is entitled to charge default interest at a rate of 9 percentage points above the respective base interest rate (§ 288(2) BGB). The right to claim further damages for delay remains unaffected.

(5) If the Client is in payment default for more than 14 days, the Contractor is entitled, upon written notice, to suspend all services until the outstanding balance is settled in full. The suspension does not constitute a breach of contract and extends agreed deadlines accordingly.

(1) The Client shall provide all information, materials (texts, images, access credentials, logos), and approvals required for service provision in a timely manner and free of charge.

(2) The Client shall designate an authorized contact person responsible for all project communication and approvals within the agreed deadlines.

(3) Services submitted for acceptance shall be reviewed by the Client and approved or objected to in writing within 14 calendar days. If no response is received within this period, the services shall be deemed accepted.

(4) Delays caused by the Client's failure to fulfill cooperation obligations shall shift agreed timelines and deadlines accordingly. The Contractor shall not be liable for resulting delays.

(1) Time estimates and deadline estimates by the Contractor are non-binding and do not constitute fixed dates within the meaning of § 323(2)(2) BGB, unless a binding date is expressly agreed upon in writing.

(2) Timeframes indicated on the Contractor's website for individual service packages are typical estimates based on experience and serve as orientation only.

(3) Force majeure (see § 12), delays caused by the Client, and unforeseen technical difficulties shall extend agreed deadlines accordingly.

(1) The warranty period is 12 months from acceptance of the service (shortened warranty period pursuant to § 634a BGB in business-to-business transactions).

(2) The warranty does not cover defects caused by: (a) subsequent modifications or interventions by the Client or third parties engaged by the Client, (b) browser or operating system updates released after acceptance, (c) unauthorized modifications to the source code, (d) incompatibilities with third-party software not part of the contract.

(3) The Contractor has the right to choose between rectification and new production. If rectification fails after two attempts, the Client is entitled to a price reduction or withdrawal.

(4) No warranty is provided for achieving specific search engine rankings, conversion rates, loading times, or comparable metrics, unless specific values were expressly agreed upon in writing.

(1) The Contractor shall have unlimited liability only for damages caused by intentional or grossly negligent conduct.

(2) In cases of slight negligence, the Contractor shall only be liable for the breach of essential contractual obligations (cardinal obligations). In such cases, liability is limited to the foreseeable, contract-typical damage.

(3) Liability is limited in amount to the net contract value, but not less than EUR 1,000.00. For services provided free of charge, the liability cap is EUR 1,000.00.

(4) The Contractor is not liable for: indirect damages, lost profits, data loss (to the extent it exceeds the typical recovery effort with proper data backup), lost business opportunities, or reputational damage.

(5) The Contractor is not liable for: outages or disruptions attributable to the hosting provider, internet service provider, DDoS attacks, third-party services, or power failures.

(6) The above limitations of liability do not apply to damages resulting from injury to life, body, or health, or to claims under the Product Liability Act. The Client shall indemnify the Contractor against third-party claims arising from content provided by the Client.

(1) Upon full payment of the agreed remuneration, the Client receives a simple, non-exclusive, perpetual right of use for the contractual services for the agreed purpose.

(2) Copyright remains with the Contractor. The Contractor is entitled to reuse code components, structures, and concepts in other projects.

(3) The source code may be freely developed and modified by the Client after delivery.

(4) Open-source libraries used in the project are subject to their respective open-source license terms. The Contractor documents the licenses used.

(1) The Client grants the Contractor a perpetual right to use the completed project for reference and advertising purposes. This includes, in particular, presentation in the portfolio, website, social media, case studies, presentations, and mention of the Client's name and logo.

(2) This right continues beyond the end of the contract. Revocation is only possible for justified reasons with four weeks' notice in text form.

(3) Revocation has no effect on already published print materials or archived digital content whose removal would be disproportionate.

(1) Both parties undertake to treat all confidential information received during the collaboration as confidential and not to disclose it to third parties without prior written consent.

(2) In particular, financial terms (fees, daily rates, individual prices) are to be treated as confidential. Reference usage pursuant to § 10 remains unaffected.

(3) The confidentiality obligation continues beyond the end of the contract. Statutory disclosure obligations are excluded.

(1) Neither party shall be liable for non-performance or delayed performance of contractual obligations due to force majeure. Force majeure includes, in particular: natural disasters, pandemics, war, terrorism, government orders, failures of telecommunications networks or power supply, cyberattacks, and industrial disputes.

(2) The affected party shall immediately inform the other party of the occurrence and expected duration of the force majeure event. Contractual obligations are suspended for the duration of the force majeure; agreed deadlines are extended accordingly.

(3) If the force majeure event lasts longer than three months, either party is entitled to terminate the contract with four weeks' written notice.

(1) Ongoing contracts may be terminated by either party with four weeks' notice to the end of the month. The right to extraordinary termination for good cause remains unaffected; extraordinary termination requires a prior written warning, provided the cause permits remedy.

(2) In the event of termination, the source code of the project completed up to that point shall be delivered to the Client. Hosting services shall be maintained for a transition period of 30 days (remuneration pro rata). The handling of personal data shall be governed by the provisions of the GDPR.

(3) Hosting accounts and associated infrastructure remain the property of the Contractor. No transfer of accounts shall take place.

(1) Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid provision, the valid provision that comes closest to the economic purpose of the invalid provision shall apply.

(2) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(3) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Borken (Westfalen), provided the Client is a merchant, a legal entity under public law, or a public-law special fund (§ 38 ZPO).

(4) Amendments and additions to these GTC and contractual agreements require written form; text form via email is sufficient. No oral side agreements exist.