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Terms and Conditions

Last updated: 29.07.2026

1. General & Scope

1.1 Contracting Party

These terms and conditions apply to all contracts between Ronny Opitz (Formatgeber) and the customer. The contractor offers services in the areas of website creation (Next.js, WordPress), software development, maintenance, logo creation, and social media setup.

1.2 Subcontractors & Conditions

The contractor is entitled to use qualified subcontractors for the provision of services but remains the sole contracting party of the customer. Deviating conditions of the customer are not recognized unless explicit written consent has been given.

2. Project Process & Agile Methods

2.1 Agile Development

Unless otherwise agreed, projects are implemented based on agile methods. Development takes place in iterative steps; customer requests can be flexibly incorporated within the agreed framework.

2.2 Release of Data

A claim to the release of intermediate states, source codes, or editable raw files (e.g., Figma, InDesign) only exists with explicit individual agreement.

3. Customer's Cooperation Obligations

3.1 Provision of Content

The customer provides all content (texts, images, logos, legal notice data) in a timely manner and in digital form. They also guarantee that this content does not infringe the rights of third parties (copyright, trademark rights).

3.2 Delays & Additional Effort

Delays due to late contributions by the customer are not the responsibility of the contractor. Additional effort arising from this may be invoiced separately.

4. Acceptance & Defects

4.1 Acceptance Process

Upon completion, the contractor requests the customer to accept the work. The acceptance period is 2 weeks. If no defect complaint or response is received within this period, the work is considered accepted.

4.2 Warranty

Minor defects do not entitle the customer to refuse acceptance. The limitation period for defect claims is one year from the time of acceptance.

5. Managed Premium & Technical Support

5.1 Service Description "Premium"

Within the scope of Premium projects, the contractor provides services in the areas of conception, implementation, and operation of the technical infrastructure. There is a clear separation between the technical level (contractor's responsibility) and the content level (customer's responsibility).

5.2 Operation & Maintenance

The provision of the technical infrastructure is fundamentally indefinite as long as the running costs are paid. Active technical maintenance (installing updates, monitoring, further development) only takes place if a separate maintenance or operating agreement exists. No availability guarantee (SLA) is owed unless explicitly agreed.

5.3 Running Costs

The monthly fees cover the ongoing infrastructure costs for the provision of the exclusive server environment. These are service fees, not rent or installment purchase of hardware.

6. Prices and Payment

6.1 Value Added Tax

All prices stated are final prices. The contractor is a small business within the meaning of section 19 of the German VAT Act (UStG); value added tax is therefore not charged and is not shown on invoices.

6.2 Precedence of the Individual Offer

Prices shown on the website are guide values starting from the amount stated. The individual written offer is authoritative and defines the scope of services, the price and the terms of payment.

6.3 Terms of Payment

Unless otherwise agreed in the offer, 40 % of the agreed price is due upon commissioning and the remaining 60 % upon acceptance. Invoices are payable within 14 days of the invoice date without deduction. Ongoing services such as operation and maintenance are invoiced monthly. In the event of late payment, the statutory provisions of sections 286 et seq. of the German Civil Code (BGB) apply. The contractor is entitled to suspend further performance until outstanding claims have been settled; agreed deadlines shall be postponed accordingly.

7. Usage Rights & Self-Promotion

7.1 Granting of Rights

The contractor grants the customer a simple right of use to the end product upon full payment.

7.2 Reference Mention

The contractor may publicly display the project for self-promotion purposes and is entitled to place their name with a link in the footer and legal notice of the created website (mention procedure).

8. Contract Duration, Termination & Exit

8.1 Duration & Termination

The minimum term for Premium Services is 6 months, unless otherwise agreed. The notice period is one month before the end of the term. Without termination, the contract is automatically extended by another 6 months.

8.2 Exit Strategy (Data Handover)

The contract for the provision of the infrastructure can be terminated in an orderly manner. Upon termination of the contract, the customer receives:

The current state of the website code (repository or build file).
All content entered by the customer (database export).
A technical short documentation for restoring the system.

Upon request, the contractor actively supports the move to another provider (billing based on effort). There is no lock-in.

9. Limitation of Liability

The contractor is fully liable only for damages resulting from injury to life, body, or health, as well as intentional or grossly negligent conduct. In case of slight negligence, liability is limited to the foreseeable, contract-typical damage.

10. Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Dresden, provided the customer is a merchant or has no general place of jurisdiction in Germany.

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