These terms and conditions are part of all contracts that are made with me. They should be read carefully before signing the contract.
(State: November 28th, 2022)
1.1 These general terms and conditions (GTC) are part of all contracts with Martin Zurowietz (hereinafter referred to as "the contractor").
1.2 Differing conditions between the contracting parties are valid only if they are put down in writing.
2.1 Offers are non-binding. Contract conclusions and other agreements shall only become binding after written or verbal confirmation by the contractor.
2.2 If the subject of the services is also the procurement and/or maintenance of Internet domains, the contractor shall only act as an intermediary vis-à-vis DENIC, InterNIC or another organization for the allocation of domains. By contracts with such organizations exclusively the customer becomes entitled and obligated. If the customer has registered an internet domain for themselves, the contractor will not assert any rights to it even after the contract has ended. The domain remains registered to the customer until the end of the period paid by the customer. If the customer does not provide for a further delegation afterwards, the contractor will release the domain. The right to retain the domain after the end of the contract until payment of all claims arising from the contractual relationship or provision of corresponding securities remains unaffected.
2.3 The contractor refuses to accept contracts that violate legal regulations or have pornographic, racist or other discriminatory content. The contractor disclaims any liability for content published on behalf of the customer.
3.1 The contractor commits to fulfill all contractual services in due time and on schedule, unless this becomes impossible due to unforeseen circumstances, such as force majeure (e.g. strike, lockout, official orders, general telecommunication disruptions, etc.) or information delays on the part of the customer (e.g. non-timely provision of cooperation services, delays by third parties attributable to the customer, etc.).
3.2 The expiry of certain deadlines does not exempt the customer from setting a reasonable deadline before withdrawing from the contract or claiming damages for non-performance.
3.3 Partial deliveries are permissible to a reasonable extent.
3.4 In the event of force majeure and other unforeseeable, extraordinary and non-culpable circumstances, the delivery period shall be extended to a reasonable extent.
3.5 If the delay in delivery lasts longer than two months, the customer is entitled to withdraw from the contract.
4.1 The customer shall provide all necessary information, insofar as this is required for the fulfillment of the contract.
4.2 The contractor undertakes not to disclose any information received from the client.
4.3 The customer agrees that for the purpose of the execution of the contract data about them may be stored, modified, deleted and, if necessary, transmitted to third parties.
4.4 The customer is obligated to identify content posted on its Internet site as their own content, stating their full name and address. The customer is informed that a further legal obligation to identify may exist, for example, if teleservices or media services are offered on the Internet pages in Germany (Impressumspflicht).
5.1 All prices are final prices. Due to the small business status according to §19 UStG (Germany), the services of the contractor are without designation of the VAT.
5.2 Prices for contracts of any kind are to be paid as follows, unless otherwise agreed: Upon confirmation of the contract, a fee for services already rendered, if any, will be charged. After completion of the contract, including fulfillment of the client's possible requests for corrections and additions, the final invoice will be tendered.
5.3 Payments shall be made immediately within 10 days to the bank account indicated on the invoice. After full payment of the final invoice, the contract is considered fulfilled.
6.1 Invoices must be paid no later than 10 days after the date of issue of the invoice, unless otherwise indicated on the invoice. The license for the service remains the property of the contractor until payment of all claims.
6.2 In case of breach of contract by the customer or delay in payment, the contractor is entitled to withdraw from the contract.
6.3 If the due date of an invoice is exceeded by more than 10 days, the contractor is entitled to block the customer's Internet pages until payment is made. A refund of the downtime does not take place.
7.1 A contract for a service to be provided is valid until completion by the contractor and payment by the customer. Such a contract is binding for both parties.
8.1 Unless otherwise agreed, the contractor may place a link in the footer of the created website of the client, as well as a graphic with reference in the imprint of the site.
8.2 Unless otherwise agreed, the contractor reserves the right to present the created websites as a reference on their own websites.
9.1 The customer has to check the ordered service immediately after execution for scope, quality and warranted characteristics. The customer has to report obvious defects within one week by written notice.
9.2 In the event of justified complaints, rectifications and corrections shall be made at the discretion of the contractor.
9.3 Improper interventions, modifications, extensions and repair work carried out by the customer or third parties shall void the liability for the consequences resulting therefrom.
10.1 The liability of the contractor shall be governed exclusively by the conditions set out in these GTC and in the contract. Claims for damages arising from delay, impossibility of delivery, breach of ancillary contractual obligations, negligence in the conclusion of the contract and tort are excluded, unless the damage was caused by intentional or grossly negligent conduct.
10.2 In the case of domain registrations, the contractor does not check the collision with trademark, name or other rights of third parties.
10.3 The contractor does not assume any obligation on the part of the customer to check delivered content.
10.4 The contractor assumes no liability for any damage caused by security vulnerabilities or errors ("bugs") in the software used.
11.1 The law of the Federal Republic of Germany shall apply to the contract.
11.2 The place of fulfillment and jurisdiction for contracts concluded with the inclusion of these GTC is expressly the registered business location of the contractor.
11.3 In the event of invalidity of one or more points of these terms and conditions, the rest shall remain valid.