General terms and conditions (AGB)

§ 1 Scope

These general terms and conditions (Allgemeine Geschäftsbedingungen, hereinafter "AGB") apply to all contracts between Wappsite4you (hereinafter the "contractor", Auftragnehmer) and the customer (hereinafter the "client", Auftraggeber) covering web design, web development and software development work (including web, mobile and desktop applications) as well as the consulting and maintenance services connected with them. Terms of the client that differ from these are not accepted unless the contractor agrees to them expressly and in writing.

§ 2 Formation of the contract

Offers made by the contractor are without obligation. A contract comes into effect only with a written order confirmation, or when the contractor begins to perform. Enquiries sent through the online form are not a binding offer; they are a non-binding invitation to submit one.

§ 3 Services

The scope of services follows from the respective offer or order confirmation. Usual services include, among others:

• Concept and design of websites
• Programming with current web technologies (Next.js, React, TypeScript)
• Development of custom software (web, mobile and desktop applications)
• Performance and SEO optimisation
• Hosting, maintenance, support (optional)
• Production of images and copy (optional)

The client provides all information, content and access credentials needed for the work in good time and in full. Delays arising from this are not to the detriment of the contractor.

§ 4 Prices and payment terms

All prices are in euros plus statutory value added tax (Umsatzsteuer, currently 19%). The prices stated in the offer or in the order confirmation are the ones that apply.

Unless agreed otherwise, 50% of the agreed one-off fee falls due as a down payment when the order is placed. The remaining 50% falls due on acceptance of the work. Full payment, payment in instalments or deferred payment can be agreed instead. Monthly services such as hosting and maintenance are invoiced in advance at the beginning of the month.

Invoices are due for payment in full within 14 days of receipt. If payment is late, the contractor is entitled to charge default interest at the statutory rate and a reasonable reminder fee.

§ 5 Duties of the client to cooperate

The client makes sure that they hold the necessary rights of use in the content they supply (text, images, logos, trademarks). The client indemnifies the contractor against claims by third parties that arise from an infringement of those rights.

§ 6 Acceptance

Once the work is finished, the client accepts the website. Acceptance is deemed to have been granted if the client does not report substantial defects in writing within 14 days of delivery, or if the website goes live.

§ 7 Rights of use

On full payment of the agreed fee, the client receives the simple right, unlimited in time and place, to use the website created for their own purposes. The contractor reserves the right to name the website created among its own references, unless this is expressly objected to.

§ 8 Liability

The contractor is liable without limitation for intent and gross negligence, and in accordance with the German Product Liability Act (Produkthaftungsgesetz). For slight negligence the contractor is liable only where a material contractual duty (Kardinalpflicht) is breached, and in that case the liability is limited to the foreseeable damage typical for this kind of contract.

Liability for lost profit, indirect damage and consequential damage is excluded as far as the law permits.

§ 9 Warranty

The statutory warranty rules apply. Obvious defects are to be reported in writing within 14 days of acceptance. The contractor is entitled to remedy the defect first.

§ 10 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance and, as far as the law permits, the place of jurisdiction is Berlin. Should individual provisions of these AGB be or become invalid, the validity of the remaining provisions is not affected.