Terms and conditions

for web design, web and app development, hosting and care

§ 1 Scope

1. These terms apply to all contracts between Kevin Schmid, Kottbusser Damm 29, 10967 Berlin ("Contractor") and his clients ("Client") for the concept, design and development of websites and apps, and for hosting and care.
2. Clients may be consumers within the meaning of § 13 BGB or businesses within the meaning of § 14 BGB. Provisions that apply only to businesses or only to consumers are marked as such.
3. Deviating or additional terms of the Client only apply if the Contractor expressly agrees to them in text form.

§ 2 Offer and conclusion of contract

1. The Contractor's offers are non-binding unless expressly marked as binding.
2. A contract is concluded when the Client accepts an offer in text form (for example by email) or the Contractor confirms an order in text form.
3. The scope of work follows from the offer and any jointly agreed specification. Changes and additions are agreed and paid for separately.

§ 3 Client's cooperation

1. The Client provides all content and information needed in good time and in a suitable form, in particular texts, images, logos, access credentials and the details for the imprint and privacy policy.
2. The Client warrants that they hold the necessary rights to this content and indemnifies the Contractor against third-party claims arising from an infringement of those rights.
3. If the Client's cooperation is delayed, agreed dates move accordingly. Additional effort may be charged separately.
4. The Client is responsible for the legality of the content and the correctness of their legal texts (for example imprint, privacy policy, their own terms). The Contractor implements them technically but does not provide legal advice.

§ 4 Fees and payment

1. The prices stated in the offer apply. No VAT is charged pursuant to § 19 UStG.
2. Unless agreed otherwise, half of the fee is due when the order is placed and the rest after acceptance.
3. Invoices are payable without deduction within 14 days of receipt.
4. Ongoing services such as hosting and care are invoiced monthly in advance.

§ 5 Acceptance

1. On completion, the Contractor makes the work available for acceptance. The Client reviews it within 14 days and either declares acceptance or reports material defects in text form.
2. The work is deemed accepted if the Client reports no material defects within this period or puts the website or app into productive use.
3. Towards consumers, the deadline in paragraph 2 only has this effect if the Contractor pointed out this consequence in text form together with the request for acceptance.

§ 6 Rights of use

1. On full payment, the Client receives a simple right, unlimited in time and place, to use the work created for them for the agreed purpose.
2. Open-source components and third-party libraries are subject to their own licences. General, reusable building blocks and the Contractor's know-how are not affected by the grant of rights.
3. The Contractor may name the project as a reference and show it in his portfolio unless the Client objects.

§ 7 Hosting and care

1. If the Contractor provides hosting, he runs the website on a server he operates. He aims for high availability but does not owe uninterrupted access. Maintenance is carried out outside peak hours where possible.
2. Where the Contractor processes personal data on the Client's behalf, the parties conclude a data processing agreement under Art. 28 GDPR.
3. Hosting and care contracts run for an indefinite period and can be terminated with one month's notice to the end of a month. The right to terminate without notice for good cause remains unaffected.
4. When the contract ends, the Contractor hands over the website's files and content in a common format, provided all invoices have been paid.

§ 8 Warranty

1. The statutory provisions apply.
2. Towards businesses, this applies with the proviso that the Contractor first remedies defects, at his choice, by repair or re-performance, and that claims for defects become time-barred one year after acceptance. This does not apply in cases of intent, gross negligence, or damage from injury to life, body or health.
3. Towards consumers, the statutory limitation periods apply.

§ 9 Liability

1. The Contractor is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act.
2. For slightly negligent breach of an essential contractual obligation, meaning one whose fulfilment makes proper performance of the contract possible in the first place and on which the Client may regularly rely, liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.
3. For loss of data, the Contractor is only liable for the effort that would have been needed to restore it had it been properly backed up.

§ 10 Confidentiality

Both parties treat the other's confidential information as confidential, also after the contract ends.

§ 11 Right of withdrawal for consumers

Consumers have a right of withdrawal, as set out below, for contracts concluded exclusively by means of distance communication (for example by email or phone).

Withdrawal notice

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period expires after fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform me (Kevin Schmid, Kottbusser Damm 29, 10967 Berlin, phone: +49 (0)30 67955986, email: kevin.schmid@serviweb.ch) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, I shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which I am informed about your decision to withdraw from this contract. I will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay me an amount which is in proportion to what has been provided until you have communicated to me your withdrawal from this contract, in comparison with the full coverage of the contract.

Expiry of the right of withdrawal

For a contract for the provision of services, the right of withdrawal expires once I have fully performed the service, if I only began performance after you gave your express consent and at the same time confirmed that you know you lose your right of withdrawal once I have fully performed the contract.

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

• To Kevin Schmid, Kottbusser Damm 29, 10967 Berlin, email: kevin.schmid@serviweb.ch
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*)
• Ordered on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date

(*) Delete as appropriate.

§ 12 Final provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which they have their habitual residence.
2. The place of jurisdiction for all disputes arising from the contract is Berlin, provided the Client is a merchant, a legal entity under public law or a special fund under public law.
3. Changes and additions to the contract must be in text form.
4. Should any provision be invalid, the validity of the remaining provisions is not affected.