General terms and conditions

I. General

The following General Terms and Conditions (GTC) are part of all contracts with the company Der Homepage Macher, Inh. Johannes Maier, Jungstrasse 14, 10247 Berlin, Germany (following Homepage Macher) and all subsequent services. Deviating terms and conditions of the international and national contractors are not part of the contract.

There are no additional verbal agreements when the contract is concluded. Changes and additional agreements must be made in writing.

II. Obligations of the client

1. The customer provides the website owner all content that should be used in the homepage. The timely delivery of data is the basis for the fulfillment of this contract.

2. The delivery of the delivered material takes place in electronic form.

  • Texts in Word or common text editing formats
  • Images in high resolution, as jpg.
  • Logo as optional .eps or open file

3. As far as texts are not available in Word or common word processing formats as well as images not in digital form - in sufficiently high resolution, as .jpg, logo as a freed .eps or open file - we can also be happy to help here, there are additional costs at cost. On request, we can also research images for the design of the website from image databases, also here additional costs incurred by the effort and cost of the images themselves.

4. Unless otherwise agreed in writing, the homepage of the author may have the services provided by third parties.

III. Acceptance

1. After completion of the homepage and message from the Homepage Maker to the customer, the customer will take the homepage within 2 weeks.

2. Should any defects be found on the website, the website owner will correct them promptly.

3. The successful removal of defects is deemed to be the final acceptance. Should the customer subsequently discover further defects, these will be billed separately.

4. A final acceptance is also automatically, if the customer assigns the homepage Macher with the final on-line position.

IV. Termination

Both parties can terminate this contract for good cause. The work performed up to the notice by the Homepage Macher is to be paid by the client.

V. Terms of payment / prices

1. The prices are always net plus 19% VAT.

2. Invoicing takes place automatically after final acceptance and 50% after programming.

3. In addition to the agreement, the Homepage Macher will be reimbursed the following expenses:

  • Travel expenses / travel costs
  • Other expenses

4. Insofar as the customer has additional wishes beyond the offer, the homepage maker can bill the additional expenses separately according to the hourly rate.

5. The maximum limit for image references is 50 images. If this limit is exceeded, the website owner can bill the additional expenses separately according to the hourly rate.

VI. Payment arrangements

1. Invoices must be paid no later than 14 days after receipt. After this period, the customer automatically falls into arrears.

2. If a down payment has been agreed, it must be paid no later than 14 days after receipt of the interim invoice.

3. A right of retention of the customer is excluded.

4. If the customer defaults on payments, the website owner is entitled to charge statutory default interest.

VII. Liability

1. The Homepage Macher is liable only for intent and gross negligence, unless it is a violation of a fundamental obligation under the contract, the injury to life, body or health.

2. The Homepage Macher is not liable for the success of the customer in the project. In particular, no guarantees regarding placement in search engines are given.

3. In the case of a breach of contractual obligations, the liability is limited to the damage typical to the contract. The Homepage Macher is not liable for consequential damages.

4. The liability of the Homepage Macher is excluded in case of slight negligence.

5. In any case, the liability is limited to the amount of compensation from this contract.

6. Technical changes, deviations of the illustration and errors excepted.

VIII. Copyright (applies generally)

1. Insofar as the client provides the image or text material to be incorporated, the Homepage Macher assumes no liability for possible copyright infringement or other infringements on the image or for the rights of the persons or objects depicted therein, which may be affected by the use of the image on the Internet.

2. The client must himself ensure that his image material for publication on the Internet is legally suitable and permissible. The Homepage Macher hereby makes clear that he does not carry out an examination whether third-party rights exist on the picture material.

3. The client assures that there are no third party rights to the transferred and to be used picture and text material and through the pictures and texts no rights of third parties are violated. The client indemnifies the Homepage Macher against any liability for the use or processing of pictures and texts delivered by the client. All possibly arising claims of third parties are taken over by the customer.

4. The client hereby agrees that the website maker immediately ceases to publish the image material on the Internet, if he allegedly interfered with rights of third parties to the image material for damages or omission claimed and this is technically possible for the Homepage Macher.

5. In addition to photos, the pictures mentioned also include illustrations and logos.

6. The Homepage Macher may attach a reference to the authorship at a suitable place in the internet presence. The customer is entitled to remove this notice without the prior consent of the website owner.

7. The unrestricted right of use of all artistic and copyright protected works in this offer and the services described therein shall only be transferred to the customer upon payment, insofar as they were created by the Homepage Macher. The adaptation of texts, images and layouts on the customer's website is expressly permitted.

8. A resale or a transfer of the artistic and copyrighted works, in particular layouts and templates, is only possible after consultation with the Homepage Macher.

IX. External services, third party

If external services are used for the website (eg GoogleMaps, webhosting, etc.), the usage rights of the external service providers apply without restriction. The Homepage Macher only appears as a vicarious agent.

X. Privacy Policy

The customer agrees to the extent to the collection, storage and processing of his personal data, as this is necessary for the execution of this contract. This also applies to the settlement of the remuneration.

XI. Jurisdiction, applicable law

The contract is subject to the law of the Federal Republic of Germany.

XII. Severability clause

Should one clause of these terms be ineffective, this does not affect the validity of the other clauses. If a clause of these conditions is only ineffective in one part, the other part remains valid. The parties are obliged to replace an ineffective clause with an effective substitute clause that comes as close as possible to the economic purpose of the invalid clause.

XIII. Print files / advertising material

The Homepage Macher makes advertising material via third party printing. Within 7 days - from the time of delivery to the customer or the Homepage Macher itself - all advertising materials must be sent back in order to cancel them. If this deadline is not met by the customer, the website makers are not liable for these advertising materials. The customer must pay the advertising media in full. (see also IX. External Services) If the customer has released the advertising material, the website owner is not liable for content-related errors or similar.