General Terms and Conditions
Contractual conditions within the framework of contracts for consideration concluded via the platform (www.) o. (support.)saskialund.de or wp-studio.dev between
WP-studio.dev
Saskia Teichmann (Recognized freelancer)
P.O. Box 5224
30052 Hanover
+49 511 373 88 220
hello@wp-studio.dev
VAT ID DE 278 372 212
- hereinafter referred to as "Provider" -
and
Persons who purchase a product by accepting an offer after submitting an individual offer,
- hereinafter referred to as "customer" or "interested party" -
be closed.
Status: May 31, 2023
§1 Scope of application, definitions
(1) The following General Terms and Conditions ("GTC") in the version valid at the time of acceptance of the offer or proposal shall apply exclusively to the business relationship between the Provider and the Customer described above. Deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity (Section 13 BGB). In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract (Section 14 BGB).
(3) The domain is the globally unique name of a website. A complete domain consists of a third-level domain (subdomain, e.g. "www."), a second-level domain (e.g. "saskialund") and a top-level domain (e.g. ".de"). For the purposes of these GTC and license grants, the term domain refers only to the second-level and top-level of a domain name. Clarifying example: a domain would only be saskialund.de or google.de, whereby the third-level domain or subdomain is disregarded, so mobil.saskialund.de, www.saskialund.de, test.saskialund.de would only be regarded as one domain in the sense of these GTC, unless separate self-contained systems/websites/WordPress installations are maintained via each of these subdomains.
(4) A product within the meaning of these GTC includes all prefabricated products, works within the meaning of copyright law (and their derivatives) and computer programs within the meaning of Section 69a of the German Copyright Act (UrhG) offered by the Provider for a fee via www.saskialund.de or support.saskialund.de, in particular in the form of source code and other digitally usable files. This currently includes, in particular, compilations of machine-readable source code, also known as "themes" or "templates". In the event of a purchase, these are made available as a compressed download in accordance with § 3 of these GTC. Furthermore, products within the meaning of these GTC also include all other products, computer programs, service contracts (services) and works within the meaning of copyright law and their derivatives offered by the Provider for download for a fee.
§2 Conclusion of contract
(1) The offer on the saskialund.de website is non-binding. The customer submits a binding offer to conclude a contract by clicking on the "Accepted" button (proposal at support.saskialund.de for interested parties in the "Proposals" section) or "Accept" (offer submission for existing customers at support.saskialund.de in the "Offers" section) as part of the respective individual offer submission at support.saskialund.de. The customer is bound by this offer for 7 days.
(2) The offer refers to the product or products that can be seen in the overview before the binding offer is submitted. The services of the Provider are determined according to the selection of the desired product in accordance with § 3 of these GTC. The Provider shall confirm receipt of the offer to the interested party or customer by e-mail, shall state the essential content of their booking and shall communicate any acceptance of the offer either in the course of this confirmation or in a subsequent e-mail. The customer's obligations are determined in accordance with § 4 of these GTC.
(3) The Provider shall be permitted to list the order or customer in its public portfolio.
§3 Services
(1) The purchase of one of the service products (WP service contract, web development (web design, website creation and/or individual web projects)) of the Provider includes services in accordance with the following conditions:
(2) The place of performance and fulfillment is Lüneburg.
(3a) The services rendered shall remain the property of the Provider until full payment has been received. The Customer shall have no rights to them until the fee has been received by the Provider.
(3b) "WP service contract": Until payment has been received, it will not be possible to use a concluded service contract via the support system at support.saskialund.de. After receipt of payment, access to the support system for communication between the provider and the customer will be made available immediately.
(3c) "Web design - Website creation - Individual web projects": Once payment has been received in full, any access data for the respective project will be provided immediately. Any necessary relocation of the project site to the customer server or a customer server set up as part of the order shall take place after customer approval and receipt of payment in accordance with the agreed payment terms.
If content and elements are submitted by the customer, it is essential for compliance with agreed delivery deadlines that all content required for the web project included in the order (e.g. texts, graphics, images and videos) is provided no later than 6 days before the start of the planned development phase. If essential content elements and elements to be integrated programmatically are subsequently submitted, the agreed delivery period shall be extended by a period appropriate to the processing - but by at least 3 working days.
Delivery times are always stated as working days (10 days = 10 working days).
Unless otherwise agreed, compatibility during website creation is guaranteed exclusively for current, secure browsers. As of today, these are: Safari, Firefox, Opera, Chrome, Edge. Special agreements are possible, but must be agreed in writing between the provider and the customer before the order is placed. Subsequent adaptations for compatibility with older browsers are possible for an additional charge, but to a limited extent, as many modern functionalities and designs cannot be implemented congruently in older browsers.
(4) The service product "WP Service Contract" grants the use of the support system within the scope of the agreed service plan. The support system is available at https://support.saskialund.de reachable. A request submitted via the support system that falls within the scope of the agreed service contract will be answered within 24-48 hours. Unless otherwise agreed in the contract text, the task will be completed on weekdays between 9:30-17:00 (MET). Completion of the task shall be scheduled into the provider's timetable in accordance with the time required. The Provider reserves the right to reject task requests if they exceed the time frame described in the offer.
This product is a continuous contract with a minimum term of 3 months/12 months. If the product is not terminated with a notice period of 4 weeks/3 months to the end of the current period, the service contract is extended by the respective agreed term. The product can be terminated in electronic form via the customer interface provided in the "support" section at https://support.saskialund.de.
(5) The other copyrights, patent rights, trademark rights and ancillary copyrights shall remain with the Provider in relation to the Customer. Insofar as third parties are entitled to the rights, the Provider shall have the corresponding exploitation rights.
§4 Customer obligations and payment
(1) After acceptance of an offer, the customer is obliged, unless otherwise agreed, to pay the agreed purchase price. This must be done immediately and, unless otherwise agreed, at the latest within 7 days after acceptance of the offer and invoicing. The purchase price shall be deemed to have been paid upon receipt of payment in the supplier's account. Payment can be made via PayPal, SEPA direct debit, credit card (VISA, Mastercard, American Express) or bank transfer. The customer shall receive the corresponding connection or transfer data with the invoice.
(2) Obligations of the customer to cooperate
The customer is obliged to provide all necessary cooperation required for the fulfillment of the services offered by the provider. This includes in particular the timely and complete provision of information, materials, data, access or similar resources specified in the offer, the order confirmation or during the concept meetings. If no other delivery deadlines have been agreed, these must be provided within 7 days of the Provider's request at the latest.
If the customer fails to comply with these obligations to cooperate, the provider shall be entitled to adjust the contractually agreed services accordingly or to postpone them. Blocked capacities and the resulting costs may be invoiced.
(3) Non-compliance with deadlines and dates
If the performance of the agreed services is delayed due to negligence on the part of the customer, in particular due to the missing, late or incomplete delivery of data or materials, the additional expenses incurred by the provider as a result shall be invoiced to the customer. The basis shall be the hourly or daily rate agreed in the offer or contract.
The Provider also reserves the right to charge the Customer for firmly reserved time slots that remain unused due to a lack of cooperation on the part of the Customer. This applies in particular if the customer allows agreed appointments to pass unused without canceling them at least 7 days in advance. Separate agreements can be made for cancellation deadlines.
(4) The Customer is obliged to observe the limitations of its rights granted under § 3 (3) of these GTC in accordance with § 3 of these GTC. In particular, the Customer may not resell or "white-label" the Provider's services without the Provider's prior written consent.
(5) As the purchaser of one of the service products (e.g. "WP Service Contract"), there is an obligation to observe the limitations of § 3 (3) sentence 3 of these GTC.
§5 Liability and contractual penalty
(1) If the customer intentionally or negligently violates his obligations under § 4 (2) and (3) of these GTC, the provider shall be entitled to a reasonable contractual penalty of €250 (in words: two hundred and fifty euros) for each violation. A contractual penalty of €250 (in words: two hundred and fifty euros) per week is agreed for continuous breaches. Any contractual penalties shall be offset against claims for damages. They represent the minimum damage, but are not considered a limitation of liability.
(2) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(3) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.
(4) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(5) The provisions of the Product Liability Act remain unaffected.
(6.1) The customer shall be liable for the content on its website. For publications commissioned by the customer, only texts and images for which a corresponding right of use exists are to be made available for publication.
(6.2) Claims for damages against the Provider are excluded unless they are based on intentional or grossly negligent behavior on the part of the Provider itself or its vicarious agents. The limitation period for the assertion of claims for damages shall be three years and shall commence at the time at which the act giving rise to the obligation to pay damages was committed.
(6.3) The statutory provisions of the German Civil Code shall apply to all other claims for damages.
§6 Notes on data processing
(1) The provider collects customer data as part of the processing of contracts. In doing so, it shall observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider shall only collect, process or use the customer's inventory and usage data insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) The customer has the option at any time to retrieve the data stored by him in his customer account at support.saskialund.de and, if necessary, to change it. For deletion, it is necessary for the customer to inform the provider of this in writing (by e-mail). However, the retention periods according to the regulations of the German tax authorities take precedence. In addition, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the data protection declaration, which can be accessed in printable form at any time on the provider's website via the "Data protection" button.
§7 Miscellaneous; final provisions
(1) This contract is subject to the law of the Federal Republic of Germany with the exception of international private law and the UN Convention on Contracts for the International Sale of Goods.
(2) Should any provision of this Agreement be or become invalid, ineffective or unenforceable, the remaining provisions shall remain effective. The parties agree to replace the invalid, ineffective or unenforceable provision with a valid, effective and enforceable provision that comes closest to the economic interests of the parties. This also applies in the event of a gap in the contract.
(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the registered office of the Provider.