Deutsch

Contact

Deutsch

Terms & Conditions

Terms and Conditions

Webdesign Agentur Nürnberg, owner Johannes Fürsattel, Kötztingerstraße 56, 90480 Nuremberg, Germany (hereinafter: “Webdesign Agentur Nürnberg”)

1 – Scope of Application

  1. The following General Terms and Conditions (GTC) apply to all contracts concluded by Webdesign Agentur Nürnberg with its customers, provided that the customer is an entrepreneur, a legal entity under public law, or a special fund under public law (hereinafter referred to as “Customer” or “Client”).
  2. These GTC apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that Webdesign Agentur Nürnberg has expressly agreed to their validity. This requirement for consent applies in every case, for example, even if Webdesign Agentur Nürnberg begins providing the services unconditionally while aware of the customer’s terms and conditions.

2 – Services of Webdesign Agentur Nürnberg / Customer’s Cooperation

  1. Webdesign Agentur Nürnberg is an agency specializing in landing pages and creates as well as maintains websites for companies and sole proprietors. Unless expressly agreed otherwise in writing, Webdesign Agentur Nürnberg does not owe the customer the delivery of a specific work or concrete success in acquiring new customers.
  2. The customer must always perform all acts of cooperation required of them fully and on time upon first request. If the customer fails to cooperate and thereby prevents Webdesign Agentur Nürnberg from providing its services, the payment claim of Webdesign Agentur Nürnberg shall remain unaffected.
  3. With regard to the services to be provided by Webdesign Agentur Nürnberg to the customer, Webdesign Agentur Nürnberg has the right to determine the manner of performance in accordance with Section 315 of the German Civil Code (BGB).
  4. Webdesign Agentur Nürnberg is entitled to have the services owed to the customer performed by vicarious agents, subcontractors, or other third parties.
  5. Webdesign Agentur Nürnberg points out that third-party providers such as Facebook are entitled at any time to suspend or stop advertising campaigns without giving reasons. Webdesign Agentur Nürnberg is not responsible for such behavior.
  6. If a budget is required for advertising campaigns, it is not included in the remuneration of Webdesign Agentur Nürnberg and must be provided separately by the customer.

3 – Formation of Contracts

  1. The conclusion of a contract between Webdesign Agentur Nürnberg and the customer may take place either verbally (by phone) or in writing. Verbal contract conclusions are recorded by Webdesign Agentur Nürnberg after the customer’s consent has been given.
  2. In the case of a verbal contract conclusion, the customer may receive an order confirmation from Webdesign Agentur Nürnberg upon request; however, this confirmation is not constitutive for the formation of the contract.

4 – Services Requiring Acceptance

  1. The services of Webdesign Agentur Nürnberg are generally subject to the law governing service contracts. If a service that has been agreed upon falls under the law governing contracts for work and services and therefore requires acceptance, only paragraphs 2–10 below shall apply to such services.
  2. After completing each partial service, Webdesign Agentur Nürnberg may request acceptance of that partial service from the customer and, after performing all adjustment services, may additionally request overall acceptance of all services.
  3. Acceptance of the services requires a functional test by the customer. The functional test is deemed successfully completed if the adjustment services meet the agreed requirements.
  4. If the functional test is successfully completed, acceptance must be declared without delay. Webdesign Agentur Nürnberg may request partial or overall acceptance from the customer, setting a deadline of one week. Acceptance shall be deemed granted upon expiry of this period if the customer has not informed Webdesign Agentur Nürnberg in writing which defects still need to be remedied. The customer shall prepare a defect report for any defects and provide it to Webdesign Agentur Nürnberg. The risk of transmission lies with the customer.
  5. If defects are identified during the functional test, Webdesign Agentur Nürnberg is obligated and entitled to continue working on and remedying them. Services performed by Webdesign Agentur Nürnberg to eliminate defects shall be remunerated based on the time spent if they exceed two hours. This also applies to defect removal services identified after acceptance.
  6. In the event of a significant defect, Webdesign Agentur Nürnberg is entitled to make two subsequent improvements within a reasonable period set by the customer. The time required shall be paid for separately by the customer; paragraph (5) applies accordingly. Minor defects in the (partial) service do not preclude acceptance.
  7. If the parties dispute whether a defect in the work is significant or minor, an expert publicly appointed by a Chamber of Industry and Commerce must be consulted before initiating legal proceedings. The customer must make an advance payment for the expert’s reasonable fee. If the expert confirms the existence of a significant defect, Webdesign Agentur Nürnberg shall reimburse the customer for the expenses incurred.
  8. The (partial) service of Webdesign Agentur Nürnberg to be accepted shall also be deemed accepted if the customer does not declare acceptance in writing within 7 working days after being requested to do so by Webdesign Agentur Nürnberg.
  9. Further claims of the customer, particularly for reimbursement of necessary expenses for defect removal, compensation for damages, or reimbursement of futile expenses, do not exist.
  10. If the defects that lead to an extraordinary termination of the contract do not constitute significant defects within the meaning defined above, the customer is not entitled to reclaim any part of the remuneration.

5 – Payments, Prices, Terms

  1. The prices quoted and communicated by Webdesign Agentur Nürnberg are binding. The stated prices are net prices and are subject to statutory value-added tax, where applicable.
  2. Payment for the services of Webdesign Agentur Nürnberg is due immediately upon invoicing. The remuneration for Webdesign Agentur Nürnberg’s services is generally payable upon conclusion of the contract, unless the offer from Webdesign Agentur Nürnberg specifies otherwise. A (SEPA) direct debit authorization granted to Webdesign Agentur Nürnberg remains valid for future business transactions until revoked.
  3. If a SEPA direct debit has been agreed upon for contracts concluded verbally or online with Webdesign Agentur Nürnberg, the customer must, in addition to the verbal consent, issue a written SEPA direct debit mandate after the contract has been concluded. For this purpose, the template attached to these General Terms and Conditions must be used.
  4. Webdesign Agentur Nürnberg will issue the customer a proper invoice that includes the applicable VAT (if any), possibly through authorized agents.
  5. If agreed direct debits cannot be withdrawn from the customer’s account and a chargeback occurs, the customer is obliged to transfer the owed amount to Webdesign Agentur Nürnberg within three working days after the chargeback and to bear any costs incurred as a result of the chargeback.
  6. Offsetting with counterclaims is only permissible if the respective other contracting party has acknowledged the offset or if it has been legally established. The same applies to the exercise of a right of retention by either contracting party.

6 – Termination, Duration

  1. The contract duration is determined individually by the parties in the main agreement.
  2. Any right of the customer to terminate the contract without cause is excluded.
  3. Terminations must be made in writing to be effective.
  4. The right to extraordinary termination remains unaffected.

7 – Delay / Extraordinary Termination

  1. Deadlines for the provision of services by Webdesign Agentur Nürnberg do not begin until the invoice amount has been received by Webdesign Agentur Nürnberg and, in accordance with the agreement, all data necessary for the services have been completely provided to Webdesign Agentur Nürnberg or all required acts of cooperation have been fully performed.
  2. If the customer is in default with due payments, Webdesign Agentur Nürnberg reserves the right to suspend further services until the outstanding amount has been settled.
  3. If the customer, in the case of installment payments, is in default with at least two due payments to Webdesign Agentur Nürnberg, Webdesign Agentur Nürnberg is entitled to terminate the contract extraordinarily and to cease providing services. Webdesign Agentur Nürnberg will claim the entire remuneration due up to the next regular termination date as compensation for damages.

8 – Performance

  1. Webdesign Agentur Nürnberg will carry out the agreed services according to the offer with the necessary care. Webdesign Agentur Nürnberg is entitled to make unrestricted use of third parties for this purpose.
  2. The customer is aware that, unless otherwise and explicitly agreed in writing, Webdesign Agentur Nürnberg owes the provision of services and not the creation of a specific work. Upon request by the customer, Webdesign Agentur Nürnberg will provide information within a reasonable period about the services rendered under the contract.
  3. If Webdesign Agentur Nürnberg is prevented from providing the agreed services and the reasons for the hindrance originate from the customer’s sphere, the payment claim of Webdesign Agentur Nürnberg remains unaffected.

9 – Conduct and Consideration

  1. Webdesign Agentur Nürnberg and the customer shall provide reviews (stars, comments) about each other on social media platforms (e.g., Google My Business) only by mutual agreement. Upon first request, both parties are obliged to permanently remove any reviews or comments they have made about each other. This obligation also applies after the termination of the contract between Webdesign Agentur Nürnberg and the customer.
  2. If the customer participates in communities and groups operated by Webdesign Agentur Nürnberg (e.g., on Facebook), they are obligated to respect and protect the interests of Webdesign Agentur Nürnberg. Webdesign Agentur Nürnberg reserves the right to temporarily or permanently exclude the customer from participating in such communities or groups if the customer, for example through statements harmful to business, violates or impairs the interests of Webdesign Agentur Nürnberg.

10 – Third-Party Property Rights

The customer warrants that any work materials (e.g., photos) provided to Webdesign Agentur Nürnberg are free from third-party rights or that the necessary permissions required for the purposes of the main contract have been obtained. The customer shall indemnify Webdesign Agentur Nürnberg against any claims made by third parties in this regard.

11 – Rights of Use

  1. The customer receives a simple right of use regarding the work and performance results created and provided by Webdesign Agentur Nürnberg. Work and performance results within the meaning of the underlying contract include all works and/or services or parts thereof created by Webdesign Agentur Nürnberg for the customer (e.g., all information, documents, analyses, videos, photos, know-how acquired during contract fulfillment, advertisements, drawings, materials, specifications, program drafts, (electronic) files, data collections, custom software including related documentation, manuals, and IT systems in the form of source code or any other form). Until work results are fully completed, the corresponding partial results are considered work results within the meaning of this agreement.
  2. Paragraph 1 applies exclusively on the condition that the customer has fully paid the remuneration owed to Webdesign Agentur Nürnberg under the main contract.
  3. If installment payment has been agreed, the right of use specified in paragraph 1 shall not transfer to the customer until full payment of the final installment has been made to Webdesign Agentur Nürnberg, unless otherwise individually agreed.
  4. The transfer of work and performance results to third parties (including affiliated companies) is excluded. The same applies to any modification pursuant to Section 23 of the German Copyright Act (UrhG).

12 – Liability

  1. Webdesign Agentur Nürnberg is liable for damages – regardless of the legal basis – only in cases of intent and gross negligence. In cases of simple negligence, Webdesign Agentur Nürnberg is liable only a) for damages resulting from injury to life, body, or health, b) for damages resulting from the breach of an essential contractual obligation (an obligation whose fulfillment enables the proper execution of the contract in the first place and on whose observance the contractual partner regularly relies and may rely); in such cases, liability is limited to compensation for foreseeable, typically occurring damages.
  2. Within the limits set forth in paragraph 1, Webdesign Agentur Nürnberg is not liable for data or program losses. Liability for data loss is limited to the typical recovery effort that would have been required if regular and appropriate backup copies had been made. Liability under the Product Liability Act remains unaffected, as does liability arising from the assumption of a guarantee.

13 – Data Protection and Data Security

  1. The customer assures that, when transferring personal data to Webdesign Agentur Nürnberg, they comply with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
  2. If Webdesign Agentur Nürnberg is to process data on behalf of the customer (data processing agreement), a separate, remunerated agreement will be concluded between the parties for this purpose.

14 – Reference Link

The creator has the right to publish the created design as a reference on the website https://intoalltheworld.world.

15 – Final Provisions

  1. Deviations from these General Terms and Conditions are only effective if agreed upon in writing. Individually agreed arrangements with the customer (including side agreements, supplements, and amendments) shall in all cases take precedence over these General Terms and Conditions. For the content of such agreements, the confirmation issued by Webdesign Agentur Nürnberg shall be decisive.
  2. Exclusively the law of the Federal Republic of Germany shall apply. The place of performance is the registered office of Webdesign Agentur Nürnberg. The exclusive commercial place of jurisdiction is the registered office of Webdesign Agentur Nürnberg (currently: Nuremberg).

GTC Version: 01.01.2023 © Reproduction prohibited

Into all the World

Our Service

  • Movie nights and service
  • Preaching ministry & seminars
  • Evangelizing together

Contact