§ 1 Scope
(1) These General Terms and Conditions apply to all contracts between
GPARD IT – Philip Gebhardt, Alsterdorfer Str. 573, 22335 Hamburg
(hereinafter “Contractor”)
and its customers (hereinafter “Client”).
(2) These Terms and Conditions apply to both business customers (Section 14 of the German Civil Code) and consumers (Section 13 of the German Civil Code), unless otherwise specified.
(3) Any conflicting terms and conditions of the client shall not apply.
§ 2 Scope of Services
(1) The Contractor shall provide services in the following areas:
Web Design and Web Development
E-commerce solutions
SEO and Performance Optimization
Corporate Identity and Print Design
Strategic Online Consulting
Maintenance and Care Services
(2) The specific scope of services is set forth in the individual quote.
(3) The Contractor is not obligated to achieve any specific business results (e.g., increased revenue, search engine rankings, reach).
Section 3: Third-Party Services and Partner Companies
(1) Hosting and domain services are provided by external providers. The Contractor acts solely as an intermediary in this regard.
(2) Photo and video productions are carried out by external partner companies. The contract for these services is entered into directly between the client and the partner, unless otherwise expressly agreed.
(3) The Contractor assumes no liability for services, contractual terms, or failures on the part of third-party providers.
§ 4 Client’s Obligations to Cooperate
(1) The Client shall provide all content, access credentials, and materials in a timely manner.
(2) The Client warrants that it is authorized to use all content provided.
(3) Delays caused by a lack of cooperation shall extend the agreed deadlines accordingly.
§ 5 Compensation and Payment Terms
(1) Fifty percent of the agreed-upon fee is due as a down payment upon execution of the contract.
(2) The remaining 50% is due upon completion and issuance of the invoice.
(3) Invoices are payable within 14 days without deduction.
(4) All prices are exclusive of sales tax.
(5) In the event of late payment, the contractor is entitled to suspend services.
§ 6 Acceptance
(1) Work performed shall be deemed accepted unless the client notifies the contractor in writing of any material defects within 7 days of delivery.
(2) Minor defects do not justify a refusal to accept the goods.
§ 7 Rights of Use
(1) Rights of use to the works created are transferred to the client only after full payment has been made.
(2) All rights remain with the contractor until full payment has been made.
(3) Unless otherwise agreed, a simple, non-transferable right of use is granted.
§ 8 Maintenance Contracts
(1) Maintenance services are provided under a separate contract.
(2) Unless otherwise agreed, the minimum term is 12 months.
(3) The notice period is one month prior to the end of the term.
(4) Services that fall outside the agreed scope of maintenance will be billed separately.
§ 9 Liability
(1) The contractor shall be liable without limitation in cases of willful misconduct and gross negligence.
(2) In cases of ordinary negligence, the Contractor shall be liable only for breaches of material contractual obligations.
(3) Liability is limited to foreseeable damages typical for this type of contract.
(4) The Contractor shall be liable for data loss only to the extent that the Client has performed regular data backups.
(5) No guarantees are made regarding SEO results, search engine rankings, or business success.
§ 10 Consumers – Right of Withdrawal
Consumers have a statutory right of withdrawal for distance contracts.
The right of withdrawal expires prematurely for services if the contractor has begun performing the service after the consumer has expressly agreed and confirmed that they will lose their right of withdrawal upon full performance of the contract.
§ 11 Final Provisions
(1) German law applies.
(2) If the client is a merchant, the place of jurisdiction shall be Hamburg.
(3) If any provision of this agreement is invalid, the validity of the remaining provisions shall remain unaffected.