1. Scope
These General Terms and Conditions (GTC) apply to all contracts, deliveries, and other services between “Webmagine” (Sören Ames) and its customers. Any deviating terms and conditions of the client shall only apply if they have been expressly accepted in writing by the agency.
2. Services provided by the agency
The agency offers services in the areas of web design, web development, hosting, and maintenance. The exact scope of services is specified individually in the offer or contract. Ancillary services such as SEO or individual additional functions are only part of the contract if this has been expressly agreed.
3. Conclusion of contract
A contract is concluded by written confirmation of an offer, a written order, or by conclusive action.
4. Terms of payment
Remuneration is based on the individual contract or offer. Payments are due without deduction within the agreed period after invoicing.
In the event of late payment, the agency is entitled to charge reminder fees and interest on arrears.
Since Webmagine's services are customized digital services tailored to the customer, there is no entitlement to a refund of payments already made once the provision of services has begun.
This applies in particular if the client terminates or cancels the contract prematurely, unless there is a legal or expressly contractually agreed right of withdrawal.
Repayments, credits, or other refunds shall only be made with the written consent of Webmagine.
Services already rendered or commenced shall be deemed accepted and shall be remunerated in full.
5. Client's obligations to cooperate
The client undertakes to provide all necessary content, materials, and information in a timely manner. Delays caused by late provision of such content, materials, and information may affect completion and entitle the agency to adjust deadlines or prices.
6. Hosting and maintenance
If agreed, the agency shall provide hosting and maintenance services for the websites commissioned by the client.
Hosting: The agency provides storage space and technical infrastructure. Unless otherwise agreed, the client is responsible for data backup and security updates.
Maintenance: The agency offers regular maintenance work to ensure the functionality of the website. This includes updates, bug fixes, and security checks. Maintenance contracts must be agreed separately.
7. Acceptance and notification of defects
Upon completion of the commissioned services, the client is obliged to check and accept them within 7 days. If no complaint is made within this period, the service is deemed to have been accepted. Defects must be reported in writing without delay. The agency has the right to rectify the defect.
8. Copyright and rights of use
All works created by the agency (e.g., websites, designs, graphics) are subject to copyright. Upon full payment, the client receives a simple, non-transferable right of use. Any transfer or modification requires the express consent of the agency.
9. Liability
The agency is only liable for damages caused intentionally or through gross negligence. Liability for lost profits, indirect damages, or consequential damages is excluded to the extent permitted by law.
10. Contract term and termination
Unless otherwise agreed in the individual contract, ordinary termination of the contract by the client is excluded.
The contract runs for the agreed term and ends automatically at the end of this period without the need for termination.
The right to extraordinary termination for good cause remains unaffected by this.
Good cause shall be deemed to exist in particular if one of the contracting parties persistently breaches its main contractual obligations and the other party fails to remedy the situation despite a written warning.
Termination must always be in writing (e.g., by letter or email).
11. Data protection
The agency undertakes to comply with data protection regulations. The client's personal data will only be used for the purpose of executing the contract and will not be passed on to third parties unless there is a legal obligation to do so.
12. Final provisions
The law of the Federal Republic of Germany applies. The place of performance and jurisdiction is the agency's registered office, insofar as this is legally permissible. Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
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