Terms and Conditions
These Terms and Conditions apply to all contracts between Tobias Meixner, c/o Online-Impressum #7711, Europaring 90, 53757 Sankt Augustin (hereinafter "Contractor") and his clients (hereinafter "Client"). Conflicting or deviating terms of the Client are not recognized unless the Contractor has expressly agreed to their validity in writing.
Scope and conclusion of contract
(1) These Terms apply to all services provided by the Contractor, in particular the creation of websites, the setup of tracking systems (GTM, GA4), monthly support services and related digital services.
(2) A contract is concluded when the Client confirms a written offer from the Contractor in writing or by email. The Contractor's order confirmation is deemed to conclude the contract.
(3) Individual offers are valid for 30 days from the date of issue unless another period is stated.
(4) Ancillary agreements, changes and additions require text form. Email is sufficient.
Scope of services
(1) The exact scope of services results from the respective offer. Services that are not expressly included in the offer are not part of the contract and will be charged separately.
(2) Change requests by the Client after order placement must be commissioned separately. The Contractor communicates the additional effort in advance.
(3) The Contractor is entitled to use third parties (subcontractors) where this is necessary to provide the service.
Client cooperation obligations
(1) The Client undertakes to provide all access, information and materials required for service provision in a timely and complete manner.
(2) Delays caused by missing cooperation from the Client are not the responsibility of the Contractor. Agreed deadlines are postponed accordingly.
(3) The Client guarantees that all content provided by the Client (texts, images, logos, etc.) is free from third-party rights. The Client indemnifies the Contractor against all third-party claims in this context.
(4) The Client is responsible for the legality of published content (legal notice, privacy policy, texts) where this content was provided by the Client or created according to the Client's instructions.
Fees and payment terms
(1) The agreed fee results from the respective offer. All prices are net amounts in euros. Pursuant to Section 19 UStG, no VAT is charged (German small business regulation).
(2) For projects with an order volume from €300, a down payment of 30% of the total fee is due when the order is placed. The remaining amount is due after acceptance of the service.
(3) Invoices are payable within 14 days from the invoice date without deduction.
(4) In case of default in payment, the Contractor is entitled to charge default interest of 5 percentage points above the base interest rate pursuant to Section 288 BGB and a reminder fee of €5 per reminder.
(5) In case of ongoing default in payment, the Contractor is entitled to suspend further performance and withdraw the granted usage rights.
(6) Monthly support services (for example care-free support) are billed monthly in advance and are due on the first day of each month.
Acceptance
(1) For website creation and similar work services, acceptance is required. After completion, the Client will be asked to review the service within 7 working days and accept it in writing or state justified defects.
(2) If there is no response within the deadline, the service is deemed tacitly accepted.
(3) Minor defects do not entitle the Client to refuse acceptance. They will be documented separately and remedied.
(4) Upon acceptance, usage rights are transferred in accordance with section 7 and the remaining amount becomes due.
Termination and project cancellation
(1) Continuing obligations (for example monthly support) may be terminated by either party in writing with four weeks' notice to the end of the month.
(2) The right to extraordinary termination for good cause remains unaffected. For the Contractor, an important reason is in particular persistent default in payment.
(3) If the Client cancels an ongoing project, the services rendered up to the time of cancellation must be paid in full. Any down payments already made will be credited.
Copyright and usage rights
(1) Copyright in all works created within the scope of the order remains with the Contractor.
(2) After full payment of the agreed fee, the Client receives a simple, non-exclusive right of use to the created works for the Client's own business purposes within the agreed scope.
(3) Resale or transfer of usage rights to third parties is not permitted without the Contractor's express written consent.
(4) Standard software, frameworks, plugins and other third-party components are subject to their respective license terms.
(5) The Contractor retains the right to name work performed as a reference in the portfolio and on the website unless the Client expressly objects.
Warranty and defects
(1) The Contractor warrants that the services provided have the agreed characteristics at the time of acceptance and are free from material defects.
(2) Defects must be reported to the Contractor immediately in writing. The Contractor has the right to two attempts at rectification.
(3) No warranty exists for errors caused by subsequent interventions by the Client or by changes to third-party services (for example Google Analytics, hosting providers).
(4) The warranty period is 12 months from acceptance.
Liability
(1) The Contractor's liability is limited to the amount of the respective order value unless intent or gross negligence exists.
(2) The Contractor is not liable for indirect damages, lost profits, data loss or other consequential damages unless intent or gross negligence exists.
(3) The Contractor is not liable for the legality of content provided by the Client or for failures of third-party services (hosting, Google services, domain registrars, etc.).
(4) The Client, as controller within the meaning of the GDPR, is responsible for GDPR compliance of the website. The Contractor supports to the best of his knowledge but does not provide legal advice.
Data protection
(1) Both parties undertake to comply with applicable data protection provisions.
(2) Personal data of the Client is stored exclusively for contract performance and invoicing and is not passed on to third parties unless this is necessary to provide the service.
(3) Where the Contractor obtains access to personal data of third parties in the course of the work, a data processing agreement (DPA) must be concluded upon request.
Confidentiality
(1) Both parties undertake to keep confidential all confidential information received in the course of the cooperation (business data, access credentials, strategies) from third parties.
(2) This obligation continues beyond the end of the contractual relationship.
(3) Excluded is information that is publicly accessible or originates from another lawful source.
Final provisions
(1) The law of the Federal Republic of Germany applies.
(2) The place of jurisdiction for all disputes arising from this contract is Wuerzburg, provided that the Client is a merchant, a legal entity under public law or a special fund under public law.
(3) If individual provisions of these Terms are or become invalid, the validity of the remaining provisions remains unaffected.
(4) Changes to these Terms will be communicated to the Client in writing or by email and are deemed approved if the Client does not object within four weeks of receipt.
Questions about these Terms: contact@meixner-tobias.com