§ 1 General
1.1. The following General Terms and Conditions (hereinafter referred to as GTC) are part of all contracts between Webstudio 23 (Roland Roth), Bergheimer Weg 23, 50737 Köln, Germany (hereinafter referred to as contractor) and its client (hereinafter referred to as client). These terms and conditions shall be deemed agreed if the client does not contradict them immediately after receipt (at the latest within 3 working days).
1.2. These GTC also apply to additional and change orders submitted after the conclusion of the contract. These must be in written form.
§ 2 Offer and conclusion of contract
2.1. In principle, an offer or a cost estimate in written form by the contractor will be submitted to the client prior to the beginning of each cost-causing measure, which must be released by the client when the order is placed. The order must be made in writing.
2.2. The offers and / or the cost estimates are subject to confirmation and non-binding, unless expressly made a binding assurance in writing.
2.3. The invoice amounts awarded in the offers and / or cost estimates contain no sales tax in accordance with § 19 UStG.
2.4. The contract between the client and the contractor comes about through the written declaration of acceptance. The same applies to additional and change orders as well as ancillary agreements.
§ 3 Obligations of the client
3.1. The client makes all the contents to be published available to the contractor in electronic form by e-mail. Texts, data content, as well as images and other media files must be provided in common editable file formats. The timely delivery is the basis for the fulfillment of the contract.
3.2. For images and texts that are to be researched and used by the contractor in image or text databases, an additional order in written form is required. The resulting costs are borne by the client.
3.3. The client is advised that the operation of a website is accompanied by legal obligations, the non-observance of which may result in civil and criminal penalties. The client alone is responsible for the fulfillment of these obligations.
3.5. For damages caused by the client by disregard of point 3.3. and 3.4. caused and the contractor has to expect, the contractor is entitled to assert claims for damages.
§ 4 Copyright and rights of use
4.1. For the image or text material to be used, which the client makes available, the contractor accepts no liability for possible copyright infringement or other legal violations of the image or rights of the persons or objects depicted therein, which may be affected by the use of the image.
4.2. The client must ensure that his image and text material is legally suitable and permissible for publication on the Internet. An examination of whether third-party rights to the image and text material exist is not carried out by the contractor.
4.3. The client assures that there are no third party rights to the transferred and to be used picture and text material and through the pictures and texts no rights of third parties are violated. The client exempts the contractor from any liability for the use or processing of pictures and texts delivered by the client. All possibly arising claims of third parties are taken over by the client.
4.4. For damages suffered by the client through disregard of point 4.1., 4.2. and 4.3. caused and the contractor has to expect, the contractor is entitled to assert claims for damages.
4.5. The client will only receive the full right of use of all artistic and copyright protected works created by the contractor himself upon full payment of the contractor’s services.
4.6. If external services (such as Web Hosters, etc.) or software (such as WordPress, Plugins, etc.) are used for the provision of services, the rights of use of the external service providers apply without restriction.
4.7. The contractor reserves the right to include services rendered, in particular the created website of the client, in a reference list for advertising purposes and to set corresponding links.
§ 5 Liability
5.1. The contractor accepts no liability for the contents of the materials provided by the client. The client bears the responsibility for the correctness of the content of the materials provided.
5.2. The contractor is not liable for the success of a website or project of the client. In particular for placements in search engines, no guarantees are given by the contractor.
5.3. For technical changes of external services (e.g., Web Hosters, etc.) or software (e.g., WordPress, Plugins, etc.), the contractor will not be liable.
5.4. Die Haftung bei der Verletzung von vertraglichen Pflichten ist auf den Vertragstypischen Schaden begrenzt. Für Folgeschäden haftet der Auftragnehmer nicht.
5.5. The liability of the contractor is limited to the amount of the remuneration from the contract.
§ 6 Decrease
6.1. After completion of the order and notification of the contractor to the client, the client will accept the order within 10 working days.
6.2. If defects are found in the order, the contractor will correct them promptly.
6.3. The successful removal of defects is deemed to be the final acceptance. Should the client subsequently discover further defects, the additional services required for the remedy will be invoiced separately.
6.4. With the final commissioning of the online position by the client, the order is automatically accepted as accepted
§ 7 Termination
7.1. Both parties can terminate this contract for good cause. The work performed by the contractor until termination is to be paid by the client.
§ 8 Remuneration and payment terms
8.1. The stated prices or invoice amounts do not include value added tax in accordance with § 19 UStG.
8.2. Incurring license fees (for example for image or text databases, software, web hosting, etc.), also subsequent charges are charged to the client.
8.3. Additional and change orders will be invoiced separately.
8.4. Invoices must be paid no later than 14 days after receipt. After this period, the client will automatically default on payment.
8.5. Agreed down payments must be paid no later than 14 days after receipt of the advance invoice and / or partial settlement.
8.6. A right of retention and / or set-off of the client is excluded.
§ 9 Data protection
9.1. The client agrees to the collection, storage and processing of his personal data, insofar as this is necessary for the execution of the order. This also applies to the settlement of the remuneration.
§ 10 Jurisdiction and Applicable Law
10.1. The contract is subject to German law.
§ 11 Severability clause
11.1. Should one clause of these terms be ineffective, this does not affect the validity of the other clauses. If a clause of these conditions is only ineffective in one part, the other part remains valid.
11.2. The parties are obliged to replace an ineffective clause with an effective substitute clause that comes as close as possible to the economic purpose of the invalid clause.
Stand: October 3, 2018