General Terms and Conditions
Before a website becomes profitable, the important questions and answers are the starting point of a project. General terms and conditions for users of the web design and development services offered by WebDesignOptimal.
1. Scope
1.1 These general terms and conditions apply to all legal transactions of the WebDesignOptimal, hereinafter referred to as the “Contractor,” and his contractual partner, hereinafter referred to as the “Client or Customer”.
1.2 Changes to these terms and conditions will be communicated to the client in writing. They are deemed approved if the client does not object in writing. The client must submit the objection to the contractor within one week after the announcement of the changes.
2. Subcontracted Orders
2.1 If an order is executed in a way that the contractor entrusts a third party with further execution, the contractor is not obliged to inform the client. The exception to this rule applies when a confidentiality agreement has been made.
2.2 The contractor’s offers are non-binding. The prices stated in the individual offer are valid.
3. Formation of the Contract
3.1 A contract with the contractor is concluded by submitting the customer’s order via email or by the client’s oral acceptance via phone or deposit.
4. Termination of the Contract
4.1 The contractor can terminate the project if there is no progress. A compelling reason must be present. A compelling reason is also considered if the client unnecessarily prolongs the project, does not provide the requested information and data to the contractor, and/or does not respond to the last sent email for more than two weeks. There is no refund after termination.
4.2 The client can request to cancel the project and return 75% of his money only after one week after starting the project in case of dissatisfaction of design or service. After this period, he will no longer have the right to return the contractor’s services and withdraw from the agreement or terminate the contract.
5. Data
The client releases the contractor from all claims by third parties regarding the provided data. In case of data loss, the contractor cannot be held liable unless acting intentionally or grossly negligent. The client agrees to retransmit all necessary data free of charge in case of non-culpability or representation of the contractor.
6. Data Protection
The contracting party agrees that, within the framework of the contract concluded with him, data about his person may be stored, modified, or deleted and transmitted to third parties as necessary. This particularly applies to the transmission of data necessary for the registration and/or modification of a domain, Google, and server.
7. Prices and Payments
The offer/invoicing is done in advance according to the current price list of the contractor or the individually agreed price with the customer.
7.1 The client must pay the full amount of the contract at the beginning and before the start of the project.
7.2 Two revision rounds are included in the price for each order, unrelated to unreasonable functions. Any additional revision will be charged separately. It can also affect the Project schedule and causes delay in the completion of the project.
7.3 After receiving the invoice amount from the contractor and having the customer’s data necessary for the services, the contractually agreed services are carried out by the contractor. If the customer is in default with due payments, the contractor reserves the right not to perform further services until the open amount is settled, and any resulting costs will be passed on to the customer. The provided service remains the property of the contractor until full payment is received. The client has no rights to it until the fee is received by the contractor. Objections to the accuracy or completeness of an invoice must be raised by the customer within one week of its receipt; if objections are made in writing, sending them within the 1-week period is sufficient. Failure to make timely objections is considered approval.
7.4 Trademark Rights/Copyrights
The client is obligated to take all legal responsibility regarding copyright protection, youth protection, press law, and the “right to one’s own image.” Only texts and images for customer-commissioned publications for which there is an appropriate usage right and the necessary consent of depicted persons should be published or made available for publication. The copyright for all works created by the contractor remains with the contractor.
8. Liability
8.1 The client bears the risk of the legal permissibility of the activities and creation of projects by the contractor. The client indemnifies the contractor from third-party claims if the contractor acted on the express request of the client, despite having communicated concerns about the permissibility of the measures to the client.
8.2 If the contractor considers a competition law examination by a particularly knowledgeable person or institution necessary for the measures to be carried out, the client bears the costs after consultation.
8.3 Claims for damages against the contractor are excluded unless they are based on intentional or grossly negligent behavior by the contractor or its vicarious agents. The limitation period for asserting claims for damages is three years and begins at the time when the action triggering the obligation to pay damages was committed. If the statutory limitation periods lead to a shorter limitation period for the contractor in individual cases, these apply.
8.4 For all other claims for damages, the statutory provisions of the Civil Code in the Federal Republic of Germany apply.
8.5 The amount of the contractor’s liability is limited to damages typical for comparable transactions of this kind that were foreseeable at the time of contract conclusion or at the latest at the time of the breach of duty.
8.6 The contractor’s liability for consequential damages arising from the legal ground of positive breach of contract is excluded unless and to the extent that its liability does not result from a breach of essential contractual obligations.
9. Applicable Law and Jurisdiction
9.1 German law applies to the business relationship between the client and the contractor.
9.2 The jurisdiction agreement applies equally to domestic and foreign clients.
10. Other Provisions
10.1 There are no side agreements to this contract. Changes or additions require written form to be legally effective.
10.2 A change to contract point 10 also requires written form.
10.3 The customer is not entitled to assign his claims from the contract.
10.4 The client has the right to use websites. He may not reproduce the website except for backup and may not use this website for other additional projects or sell it to third parties without the consent of the contractor. Fees for reproducing the website with the consent will be separately negotiated. If the client does not comply and uses the website in another project or sells it to third parties without the consent of the contractor, a contractual penalty of €5,000.00 is due.
11. Severability Clause
If one or more of the above provisions are invalid, the effectiveness of the remaining provisions shall not be affected. This also applies if a part of a regulation is ineffective, but another part is effective. The parties shall replace the respective ineffective provision with a regulation that comes closest to the economic interests of the contracting parties and does not contradict the remaining contractual agreements.