Terms and conditions
This English version is provided for convenience. Only the German version is legally binding.
§ 1 Scope
These terms apply to all contracts between [PLACEHOLDER: Company name incl. legal form, e.g. Evrbit GmbH] ("Evrbit") and its clients for the design, development and maintenance of websites. Our services are directed exclusively at businesses within the meaning of § 14 BGB [PLACEHOLDER: confirm B2B-only].
Deviating terms of the client only apply if Evrbit expressly agrees to them in writing.
§ 2 Offer and conclusion of contract
Our presentations on the website and the price calculator results are non-binding. A contract is concluded when the client accepts our written offer or when we confirm the order in writing.
§ 3 Services and delivery times
The scope of services is defined in the offer. Delivery times (e.g. "in 2 days") begin once the client has provided the complete brief, required content and access details [PLACEHOLDER: confirm definition of delivery time].
Delays caused by missing cooperation of the client extend the delivery time accordingly.
§ 4 Cooperation of the client
The client provides all content, materials and information required for the project and ensures that they are free of third-party rights or that the necessary rights of use exist.
§ 5 Revisions and acceptance
The number of revision rounds included is defined in the selected package. Further revisions are charged separately after agreement. The client accepts the work after completion; acceptance is deemed given if the client does not raise substantial defects within [PLACEHOLDER: e.g. 7 days] or puts the website into live operation.
§ 6 Prices and payment
All prices are net prices plus statutory VAT. [PLACEHOLDER: payment terms, e.g. 50% on order, 50% on acceptance; payment period 14 days].
§ 7 Rights of use
Upon full payment, the client receives the [PLACEHOLDER: exclusive / non-exclusive], unlimited right to use the website created. Rights to third-party components (e.g. open-source software, fonts, licensed images) are governed by their respective licences.
§ 8 Legal templates
Where Evrbit provides legal texts (e.g. Impressum, privacy policy, terms templates), these are templates and technical implementations. They do not constitute legal advice. Evrbit recommends having them reviewed by a lawyer. The client remains responsible for the legal compliance of their website.
§ 9 Warranty and liability
Evrbit is liable without limitation for intent and gross negligence and for injury to life, body or health. For slight negligence, Evrbit is only liable for breaches of essential contractual obligations, limited to the foreseeable, typical damage. [PLACEHOLDER: liability cap to be reviewed]
§ 10 Confidentiality and data protection
Both parties treat confidential information as such. Where Evrbit processes personal data on behalf of the client, a data processing agreement is concluded.
§ 11 Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is [PLACEHOLDER: city], insofar as legally permissible. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.