1 Scope of Application
The following general terms and conditions (T&C) apply to all services provided by Henrik Liebel – Freiberuflicher Webdesigner, located at Gneisenaustraße 18, 24105 Kiel (hereinafter referred to as “Web Designer”). These conditions apply to both the current collaboration and future business relationships between the Web Designer and the client unless individual contractual deviations have been agreed upon. Any service descriptions and other contractual regulations take precedence over these T&C.
Any regulations deviating from these conditions by the client will not be accepted unless the Web Designer has expressly and in writing agreed to their application.
If the client’s order includes the registration of domains, the Special Terms and Conditions for Domain Registration must also be observed. For the design of internet appearances as well as web marketing measures, the Special Terms and Conditions for Web Design, Maintenance, and Marketing apply. For orders concerning the maintenance of the internet presence, the Special Terms and Conditions for Maintenance must be taken into account.
2 General Provisions
The web designer reserves the right to discontinue free services without prior notice. No claims for damages, reductions, or refunds arise for the client from this discontinuation.
A contractual relationship with the web designer arises at the latest when the service is provided unless different agreements have been made.
2.1 Service Descriptions
The contractual obligations of the web designer are based on the specified service descriptions.
2.2 Third-party Costs
The web designer may have services commissioned by the client carried out entirely or partially by third parties. If necessary and after consultation with the client, the web designer can commission external companies on behalf of and at the expense of the client.
2.3 Deadlines
Unless explicitly otherwise specified or apparent, delivery and service deadlines specified by the web designer are considered non-binding. Even with an expressly agreed binding nature, such deadlines are subject to the client fulfilling his cooperation obligations.
2.4 Changes
Subsequent change requests from the client can only be considered if they are technically feasible and the web designer agrees to them. The additional costs resulting from such changes are to be borne by the client.
2.5 Payment Terms
2.5.1 General Payment Modalities
Unless otherwise agreed, invoices from the web designer are due immediately after invoicing and without deductions. The web designer reserves the right to request appropriate down payments for partial services already provided and to issue interim invoices according to project progress.
2.5.2 Payment Options
The client can choose between different payment modalities for the entire project:
Advance Single Payment: With a full advance payment for the project, the web designer grants a discount of 10% on the net price.
Payment in 2 Installments: The total amount can be settled in two equal monthly installments without additional costs.
Payment in 3 Installments: When dividing the total amount over three months, a surcharge of 5% on the net price is levied.
Payment in 6 Installments: When dividing the total amount over six months, a surcharge of 7% on the net price is charged.
Payment in 12 Installments: For a payment over twelve months, a surcharge of 10% on the net price is due.
The desired payment modality must be determined before the start of the project and documented in writing. For installment payments, the amounts are due at the end of each month.
2.5.3 Prices
The list prices apply at the time of dispatch or delivery. Fixed prices are only binding if they neither include a price adjustment option nor are time-limited.
The stated prices are net prices and are calculated exclusive of statutory VAT. Shipping, installation, training, and other ancillary services are not included in the price unless expressly agreed otherwise. Additional services not listed in the offer or price list will be invoiced separately.
2.5.4 Default
In the event of a payment delay from the 11th day after invoicing, the web designer can demand default interest at a rate of 5% above the base interest rate p.a. For reminders after payment delay, a fee of € 40.00 is charged, provided the client is an entrepreneur according to § 14 BGB. Further claims for damages, especially through debt collection, remain reserved. In the event of a payment delay, the web designer can temporarily suspend his services or restrict access. A set-off against claims of the web designer is only permissible with undisputed or legally established claims. In the event of repeated payment delays, the web designer reserves the right to terminate the contract without notice.
2.5.5 Adjustment of Payment Modalities
After the start of the project, changes to the chosen payment modality are only permissible with the written consent of the web designer and taking into account possible processing fees.
2.5.5 Additional Services
Services not expressly listed in the original offer or contract are considered additional services. These are invoiced separately and are based on a current hourly rate of €89 net exclusive of statutory VAT. The client will be informed of the expected costs for such additional services before they start and must agree to them in writing.
2.6 Notification Obligations
Entrepreneurs according to § 14 BGB must immediately report defects in the services of the Web Designer. § 377 HGB applies.
2.7 Third Party Rights, Especially Trademark, Copyright, and Personality Rights
The client assures that when using products and services of the Web Designer and when providing data, he will observe the rights of third parties. The client is fully liable for legal violations. The client indemnifies the Web Designer from third-party claims.
2.8 Log-in Data
If the client provides the Web Designer with log-in data, the client must treat this confidentially. Non-compliance can reduce or lose compensation claims of the client against the Web Designer.
2.9 Breach of Duty
In the event of culpable breaches of duty by the client, the Web Designer can take necessary measures, including blocking services. This does not release the client from his obligation to pay.
2.10 Liability
The Web Designer’s liability is limited to intent and gross negligence. Liability for indirect damage, including lost profits or data loss, is excluded.
3 Special Provisions for Individual Services
3.1 Consultation
All consulting services are billed based on time fees. Reference is made to § 612 BGB.
3.2 Web Design, Programming
The Web Designer offers both web design and programming services. In addition, consulting services are provided according to the detailed service descriptions and the following general provisions.
3.2.1 Compensation for Additional Services
Additional services related to programming and web design, such as meetings, are billed as consulting services on a time fee basis unless otherwise agreed. This also applies if no fee has been explicitly set. Reference is made to § 612 BGB. The first consultation appointment is an exception and is free of charge.
3.2.2 Usage Rights
The client is granted the usage rights to the programs and program parts created by the Web Designer as defined in the service description. If there is no explicit regulation in the service description, the client receives a simple right of use, which is exclusively for the purposes known to the Web Designer when the order was placed. The client undertakes to respect the limits of the rights granted to him. Even if there is no copyright, the client may only make changes to the delivered code with the express consent of the Web Designer.
4 Notes on Data Processing
The Web Designer processes the client’s personal data only within the framework of legal regulations and in compliance with the General Data Protection Regulation (GDPR).
5 Final Provisions
5.1 Termination
Contracts can be terminated by both sides with a notice period of three months to the end of the contract. The termination must be in writing.
5.2 References
The Web Designer is entitled to use the services provided as a reference and to publish them on his website or in other media.
5.3 Documentation Obligations
Subject to deviating legal provisions, documents provided to the Web Designer by the client will be returned to the latter after the order has been completed. The Web Designer will keep documents created for the client free of charge for one year after the order has been completed (invoicing), but excluding any liability for loss.
5.4 Place of Jurisdiction
The place of jurisdiction for all disputes arising from this agreement is Kiel.
I Special Terms and Conditions for Domain Registration
1 Subject Matter and Contractual Foundations
The client intends to register one or more internet domains for commercial purposes. This contract governs the services of the Web Designer in connection with the registration of the domain(s) desired by the client.
Domains, depending on their extension, are allocated and managed by various, mostly national organizations, based on their own registration conditions. When registering a domain, a contractual relationship is established between the client and the respective allocation body, based on their registration conditions. The client becomes the owner of the domain. The Web Designer does not act as a contractual partner of the allocation body but acts on behalf of the client (§164 BGB) and provides his services within the framework of a business management relationship.
2 Obligations of the Web Designer
The Web Designer checks whether the domain desired by the client is already assigned. However, he does not check whether the registration of the desired domain infringes third-party rights or violates applicable law.
If the desired domain is available, the Web Designer immediately takes steps for its registration. He can carry out the registration directly with the allocation body or via an intermediary provider.
Any queries from the allocation body are answered by the Web Designer in consultation with the client.
The Web Designer does not guarantee the success of the actual registration of the desired domain and has no influence on the allocation decision of the allocation body.
3 Obligations of the Client
The client bears full responsibility for the selection of domain names. He must ensure that the registration and use of the desired domain do not infringe third-party rights or violate applicable law. The client may only commission the Web Designer with the registration if his checks have not revealed any legal concerns.
4 Liability Exemption
The client indemnifies the Web Designer from any liability in connection with possible legal violations that could arise from the use or registration of the domain. He commits to reimbursing the Web Designer for all costs that could arise from legal claims by third parties. This particularly includes taking over costs for legal defense.
II Special Terms and Conditions for Web Design, Maintenance, and Marketing
1 Subject Matter
This contract governs the development of a concept for a client’s online presence by the Web Designer, as well as its creation and ongoing maintenance.
The publication of the developed online presence on the World Wide Web is the responsibility of the client, as is the monitoring of content accessibility.
The Web Designer is neither obligated to provide storage space (hosting) nor to procure an internet domain unless expressly agreed upon.
Unless otherwise agreed, graphic design services are not included.
2 Project Phases
The development and creation of an online presence require close cooperation between the parties. To ensure a structured process, the development takes place in five clearly defined project phases:
Customer Requirements and Duty Catalog: The Web Designer creates a duty catalog based on customer requirements regarding the scope, functionality, and structure of the online presence. Target groups are also taken into account. The client receives specific instructions for providing content.
First Correction Draft: Based on the agreed concept, the Web Designer creates a first draft of the online presence, which includes the structure and essential design elements.
Feedback Phase: The client provides feedback on the draft, which is incorporated into further development.
Completion: The Web Designer finalizes the online presence according to the feedback and requirements of the client.
Final Discussion: The completed online presence is presented to and handed over to the client.
Additional feedback phases are subject to charges.
3 Service Obligations
The primary service obligations of the Web Designer include:
Customer Consultation: The Web Designer comprehensively advises the client on design possibilities and functionalities of the online presence. Target groups and client objectives are taken into account. The Web Designer also informs the client about general insights regarding internet users. Industry-specific knowledge is not required.
Design Services: The Web Designer creates up to three design proposals. If available, specifications from the client’s corporate design are taken into account. Current programming languages and platforms are used for implementation.
Marketing Maintenance: [I need more information to elaborate on this point.]
4 Content
The client provides the Web Designer with all content required for the online presence. The creation of this content is solely the responsibility of the client. The Web Designer does not check whether the provided content is suitable for the intended purpose.
5 Acceptance
After completing a duty catalog, concept, correction version, or the entire online presence, the client accepts the respective service section through a written declaration.
6 Additional Cooperation Obligations
The client is obligated to cooperate adequately in the development, production, and maintenance of the online presence. This includes providing all necessary information and participating in required discussions and tests.
7 Compensation
The amount of compensation is determined in a separate contract.
8 Additional Effort and Change Requests
Subsequent change and addition requests from the client that go beyond the originally agreed scope are subject to separate compensation.
The Web Designer is not obligated to pursue such change or addition requests, especially if they relate to services that have already been accepted. This applies even if the conditions for acceptance have already been met, but the client has not yet made the acceptance.
9 Compensation for Marketing Maintenance
The costs for marketing maintenance are determined in advance for a specific period. If these costs are expected to be exceeded, the Web Designer will inform the client in a timely manner.
10 Payment
Compensation is generally due in advance.
11 Rights
The client receives comprehensive usage rights to the online presence, but only after full payment of the owed compensation.
12 Completion and Deadlines
The completion date is determined individually and is only binding if delays were not caused by the client.
13 Special Liability Provisions
After completing the online presence, the client is obligated to promptly check its functionality. After acceptance, any claims against the Web Designer are excluded unless a separate service contract exists between the parties. The Web Designer is not liable for content provided by the client and is not obligated to check this content for possible legal violations.
If the Web Designer provides the client with sample imprints (including liability and legal notices) and data protection declarations, these serve only as illustrative material. They do not constitute legal advice in any way. Such advice can and should only be provided by a qualified lawyer. The client indemnifies the Web Designer from any claims that could arise from the use of these samples.
For content provided by the client, the Web Designer is not responsible. In particular, the Web Designer is not obligated to check the content for possible legal violations.
Otherwise, the provisions of the General Terms and Conditions apply.
III Special Terms and Conditions for Maintenance
1 Subject Matter
The subject of this contract is the regular maintenance and updating of the online presence created by the Web Designer for the client. This includes both technical aspects and content updates, provided they are supplied by the client.
2 Scope of Services
2.1 Technical Maintenance
The Web Designer undertakes regular checks of the online presence for technical errors, updating of software and plugins, and ensuring the general functionality of the website.
2.2 Content Maintenance
Upon the client’s request, the Web Designer will carry out content updates, provided by the client in the agreed format.
2.3 Backups
The Web Designer creates backup copies of the online presence at regular intervals to ensure quick restoration in the event of data loss.
3 Client’s Obligations
3.1 Provision of Information and Content
The client provides the Web Designer with all necessary information, data, and content in a timely manner, required for the maintenance and updating of the online presence.
3.2 Reporting Defects and Errors
The client promptly informs the Web Designer of any identified defects or errors and allows him the necessary time for rectification.
4 Compensation
Compensation for maintenance services is calculated either as a flat rate or based on actual effort and is determined in a separate agreement.
5 Duration and Termination
5.1 Minimum Term
This maintenance contract has a minimum term of one year and is automatically extended by another year unless terminated by one of the parties with a notice period of three months before the end of the term.
5.2 Extraordinary Termination
The right to extraordinary termination for good cause remains unaffected for both parties.
6 Liability
The Web Designer is not liable for damages resulting from the client’s failure to provide information, data, or content in a timely and correct manner. For all other aspects of liability, the provisions of the General Terms and Conditions apply.
7 Final Provisions
Should individual provisions of this contract be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision shall be replaced by one that comes closest to the economic purpose of the invalid or unenforceable provision.
8 Additional Notes
If the client’s order includes the registration of domains, the Special Terms and Conditions for Domain Registration must also be observed. For the design of online presences as well as for web marketing measures, the Special Terms and Conditions for Web Design, Maintenance, and Marketing.