Terms and Conditions

Last updated: 31.07.2026

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, custom web applications, open-source solutions, self-hosted systems, hosting, maintenance, logo creation, and social media setup. The specific software, infrastructure and operating services used or owed are defined in the respective offer.

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

Upon full payment, the customer receives the source code of the finished end product together with a technical short documentation for restoring the system (see sections 7.1 and 8.2). Not included are intermediate states during development and editable design source files (e.g. Figma, InDesign); a claim to their release only exists with explicit individual agreement. Also not included are libraries, frameworks and other third-party components not created by the contractor; these remain subject to their respective licence terms.

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" and Technical Solutions

Within the scope of Premium projects and separately commissioned infrastructure or open-source services, the contractor provides services in the areas of conception, selection, setup, implementation and – where agreed – operation of the technical infrastructure. This may include self-hosted file storage, web analytics, password management, backups, monitoring, internal web applications, integrations and automations. There is a clear separation between the technical level (the contractor's responsibility within the agreed scope) and the content level (the 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, security checks or recovery) only takes place if a separate maintenance or operating agreement exists. No availability guarantee (SLA), specific response time or uninterrupted availability 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.

5.4 Open-Source Software and Third-Party Services

Open-source software is not used as an end in itself. Selection is based on the agreed benefit, technical effort, security, maintainability and budget. The specific software and scope of services are defined in the offer or a technical annex. The use of open-source software does not automatically mean that setup, operation, updates, support, servers, backups or external services are free of charge. Libraries, frameworks, open-source applications, fonts, hosting providers and other third-party components remain subject to their respective licence and usage terms. The contractor does not owe the permanent availability, further development or compatibility of third-party software unless this is expressly agreed as an ongoing service. Existing cloud or platform solutions are not automatically replaced; the individually agreed solution remains authoritative. A private mail server is set up or operated only after a prior technical review and explicit agreement. No specific email deliverability, spam-filter placement or permanent acceptance by third-party mail servers is guaranteed.

5.5 Data Protection and Data Processing

The data protection roles depend on the specific purpose and actual implementation of the service. Where the contractor processes personal data on behalf of and according to the customer's instructions, the parties conclude a data processing agreement under Article 28 GDPR before processing begins, or incorporate an equivalent agreement into the contract. The subject matter, duration, nature and purpose of processing, data categories, categories of data subjects, technical and organisational measures and authorised subprocessors are defined in the offer, an annex or the data processing agreement. The customer remains responsible for the lawfulness of the content, data, user administration and purposes they initiate, unless the law provides otherwise. Technical setup does not replace legal advice, a privacy assessment or a review of whether the specific use is lawful.

5.6 Backups, Monitoring and Ongoing Operation

Backups, retention periods, recovery tests, monitoring, security updates and response services are owed only if they are specifically described in the offer or in a maintenance or operating agreement. Without such an agreement, there is in particular no obligation to monitor continuously, recover the system after an outage or install every available update immediately. The customer shall cooperate with security and recovery processes by providing the required information, access and decisions.

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

Upon full payment, the contractor grants the customer an unlimited (in time, territory and scope) and transferable right of use to the end product including the source code created for it. In particular, the customer may operate, modify, further develop and migrate the end product to a different infrastructure, whether personally or through third parties. Third-party components (libraries, frameworks, fonts, image and stock material) are excluded; their respective licence terms apply. The contractor retains the right to continue using generic building blocks, tools and methods developed independently of the assignment in other projects.

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

Ongoing services (server operation, maintenance, monitoring, support) have a minimum term of 12 months from provision, unless otherwise agreed in the quote. The notice period for termination at the end of the minimum term is three months. If no notice is given, the contract continues for an indefinite period and may be terminated by either party with one month's notice to the end of a calendar month. No new minimum term arises from this. Termination requires text form (e.g. email). The right to extraordinary termination for good cause remains unaffected.

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, without a separate agreement and at no additional cost:

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.

For agreed open-source or infrastructure services, the handover additionally includes technically available data and configuration exports of the systems actually operated, to the extent that exporting them does not infringe third-party rights. Customer credentials, licences, external providers and ongoing contracts are unaffected. A specific export format or full portability of third-party software is owed only if expressly agreed. 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.