Terms and Conditions

1. Scope of Application

These General Terms and Conditions (GTC) apply to all offers, services and deliveries of SVS – Webdesign Germany UG (limited liability) & Co. KG, hereinafter referred to as "Provider".

2. Subject of Contract

(1) The provider offers software solutions and services in the field of web design and IT.

(2) The customer is responsible for checking and ensuring the functionality, security and data protection compliance of the software.

3. Contract Formation

The contract is concluded through written or electronic confirmation by the provider or through provision of the ordered services. Offers are subject to change.

4. Customer's Duty to Examine and Responsibility

(1) The customer undertakes to examine the software independently or through third parties and to ensure that it meets all requirements regarding data protection, IT security and legal specifications.

(2) The customer bears full responsibility for the use of the software.

5. Payment Terms

(1) All payments are generally made as advance payments.

(2) With each acceptance of an offer and each payment of an invoice, the customer expressly acknowledges these Terms and Conditions.

6. Indemnification Clause

The customer undertakes to indemnify the provider against all third-party claims that could arise from the use of the provided software, particularly regarding data protection violations or security incidents.

7. Liability and Limitation of Liability

(1) The provider is liable without limitation for damages resulting from intentional or grossly negligent breaches of duty.

(2) In case of slightly negligent violation of essential contractual obligations (cardinal obligations), the provider is only liable for the contractually typical foreseeable damage.

(3) Liability for indirect damages, consequential damages, data loss or security risks is excluded to the extent legally permissible.

(4) The provider assumes no liability for errors, damages, data leaks, security risks or other consequences arising from the use of the provided software, unless these are based on intentional or grossly negligent breach of duty by the provider.

(5) Liability under the Product Liability Act remains unaffected.

(6) The customer is solely responsible for compliance with data protection regulations (particularly GDPR). The provider assumes no liability for violations of data protection laws by the customer, unless the provider is guilty of intent or gross negligence. The provider expressly recommends that the customer inform themselves about GDPR requirements and comply with them.

(7) The provider assumes no liability for damages or malfunctions caused by improper use, independent changes or installations by the customer or third parties.

8. Cooperation Obligations

The customer undertakes to inform the provider immediately of any errors, security gaps or other irregularities in the software, without this creating an obligation for the provider to make improvements.

9. Contract Language

The contract language is exclusively German. All communication between the parties takes place exclusively in German.

10. Right to Modify

The provider reserves the right to change these Terms and Conditions at any time. Changes will be communicated to the customer in good time and are deemed accepted if the customer does not object in writing within 14 days of notification.

11. Intellectual Property Rights

All copyright and usage rights to the software remain with the provider. The customer receives only a simple, non-transferable right of use.

12. Distribution of Software

The provided software may not be sold, distributed free of charge, or otherwise made available to third parties for use, unless this has been expressly agreed in writing.

13. Contract Duration and Termination

Unless otherwise agreed, contractual relationships are unlimited and can be terminated in writing by either party with 3 months' notice to the end of the quarter. The right to extraordinary termination for good cause remains unaffected.

14. Data Protection Provisions

(1) The customer is solely responsible for compliance with all relevant data protection laws, particularly GDPR.

(2) The provider processes personal data only within the framework of legal regulations. Processing of the customer's personal data only takes place to the extent expressly agreed.

(3) The provider assumes no liability for violations of data protection laws by the customer, unless the provider is guilty of intent or gross negligence.

15. Usage Restrictions

The use of the software for illegal purposes or in criminal contexts is expressly prohibited.

16. Technical Requirements

The customer independently ensures all necessary technical requirements and infrastructure for using the software.

17. Support and Maintenance

Support and maintenance services are not automatically part of the contract and must be agreed and compensated separately. For change requests, further developments or improvements, an hourly rate between EUR 150 and EUR 350 is charged.

18. Severability Clause

Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions remains unaffected. The invalid provision will be replaced by a legally permissible one that comes closest to the economic purpose of the original provision.

19. Jurisdiction

The exclusive place of jurisdiction is Frankfurt am Main, provided the customer is a merchant, legal entity under public law or special fund under public law.

20. Contractual Penalty for Unauthorized Use

For each case of unauthorized use of the software, the customer undertakes to pay a contractual penalty of EUR 10,000. The assertion of additional damages remains reserved.

21. Export Control and Sanctions

The customer undertakes to comply with all applicable export control laws and regulations. The provider may terminate the contract without notice should the customer violate these.

22. Reference Naming

The provider is entitled to use the customer's name and logo as a reference in marketing materials and on the website, unless the customer expressly objects in writing.

23. Written Form Clause

Changes and additions to this contract require written form. This also applies to the waiver of this written form requirement.

24. Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

25. Retention of Title

The delivered software remains the property of the provider until full payment.

26. Limitation Periods

Customer claims for material and legal defects are time-barred after 12 months from delivery. This period does not apply to damage claims in case of intent or gross negligence.

27. Force Majeure Clause

The provider is not liable for delays or non-performance due to force majeure, such as natural disasters, war, strikes or official orders.

28. Open Source Components

Insofar as the software contains open source components, the respective license conditions apply. The provider assumes no liability for these components.

29. No Guarantee of Specific Results

The provider provides no guarantee that specific economic, legal or technical results will be achieved through the use of the software. Use is at the customer's own risk.

30. Audit and Control Rights

The provider reserves the right to check whether the software is being used to the agreed extent. The customer undertakes to cooperate.

31. Subcontractor Clause

The provider is entitled to use subcontractors without requiring separate consent from the customer.

32. No Exclusivity

The provider grants the customer no exclusive rights. There is no claim to sole or territorial protection.

33. Availability Outside Germany

The provider assumes no responsibility for the usability of the software outside Germany. The customer is responsible for compliance with any local regulations.

34. Chargeable Adaptations Due to Legal Changes

Adaptations required by law or regulation will be charged separately to the customer, unless expressly agreed otherwise.

35. Buyout Option (Project-Dependent)

(1) The provider generally retains all copyrights to the software. The customer receives only a simple, non-transferable right of use according to § 11.

(2) Should the customer nevertheless wish a complete transfer of all rights to the software, the provider may offer a buyout option at its discretion. The amount of the buyout is determined on a project-specific basis and is based on the economic value of the software as well as the previous development effort.

(3) The right to a buyout option exists only after written consent from the provider and requires a separate contractual agreement.

(4) With the complete transfer of copyrights, sole responsibility and liability for the software passes to the customer. From this point on, the provider assumes no further liability for the continued use, adaptation, maintenance or security of the software.

36. Liability for Independent Further Developments by the Customer

(1) The provider assumes no liability for damages arising from independent changes, extensions or further developments of the software by the customer themselves or by third parties.

(2) This applies in particular to security risks, data loss or other damages that occur after independent modification of the software.

37. Special Provisions for the Accessibility Tool

(1) Purpose and Function: The Accessibility Tool serves exclusively to facilitate and improve the interaction of people with disabilities with websites. It is a usability aid.

(2) No Guarantee of Legal Compliance: The provider expressly assumes no liability or guarantee that the Accessibility Tool ensures compliance with legal accessibility requirements (such as WCAG, EN 301 549, BITV 2.0, BGG or other national/international standards).

(3) Customer's Own Responsibility: The customer is fully responsible for checking and ensuring that their website meets all legal accessibility requirements. This includes in particular:

• Conducting professional accessibility tests
• Commissioning certified accessibility experts
• Regular review of legal compliance
• Implementation of additional accessibility measures

(4) Disclaimer: The provider is not liable for:

• Violations of legal accessibility requirements
• Fines, penalties or legal consequences due to lack of accessibility
• Third-party damage claims due to insufficient accessibility
• Functional limitations of the tool with certain website configurations
• Incompatibilities with other website functions or plugins

(5) Recommendation: The provider expressly recommends seeking professional accessibility advice in addition to the Accessibility Tool and conducting regular audits.

(6) No Legal Advice: The Accessibility Tool and associated information do not constitute legal advice. For legal questions regarding accessibility, specialized lawyers or consultants should be consulted.