General Terms and Conditions of Business
for web design contracts from Digitalarbeit.com (as of 01.08.2019)
Digitalarbeit.com, Rhine promenade 4,
79790 Küssaberg, provides its services to customers exclusively
the following conditions.
§ 1 General – Scope of application
1. the terms and conditions apply to all present and future business transactions
2. consumers within the meaning of these terms and conditions of business are natural persons with whom a business relationship
relationship is entered into, without this being a commercial or
independent professional activity
can. Entrepreneurs in the sense of these terms and conditions of business are natural or legal persons or legal entities
Partnerships with whom business relations are entered into in the exercise of a commercial activity
or independent professional activity.
Customer in the sense of the terms and conditions are both consumers and entrepreneurs.
3. deviating, conflicting or supplementary general terms and conditions
shall not become part of the contract, even if known, unless their validity is expressly agreed in writing.
§ 2 Conclusion of contract
1. our offers are subject to change without notice until the conclusion of the contract.
2. the conclusion of the contract is subject to the correct and timely
Self supply by the customer or the suppliers of Digitalarbeit.com. This applies only to the
In case Digitalarbeit.com is not responsible for the non-delivery. The customer is informed about the non-availability of the
performance immediately. The consideration will be refunded immediately. If the customer fails to perform, Digitalarbeit.com will be granted a correspondingly longer period of time to process the order.
§ 3 Acceptance/Finishing
1. between delivery of the homepage/website and acceptance, the consumer will be charged for a period of
at least 14 working days the opportunity for function tests. Digitalarbeit.com will immediately remedy any defects found during the acceptance if they prevent the acceptance. The acceptance is to be carried out in this
2. entrepreneurs are obliged to check the website within one week after its completion. Shows itself
a defect, this must be reported within one week. If the notification is omitted, the website is considered
approved. The same applies if a defect becomes apparent after acceptance.
3. changes after acceptance of the concept or design are subject to a charge.
§ 4 Scope of services, order processing
1. the contract shall specify the services to be provided. Subject of the contract are the analysis/conception, design, programming and implementation of a homepage/website
2. digitalarbeit.com is entitled to assign third party service providers and vicarious agents to provide parts or the whole range of services. Digitalarbeit.com has the right to change the used internet infrastructure and the service providers and agents in charge of the execution of the contract at any time without prior notice,
insofar as no disadvantages can arise for the customer in this respect. Otherwise, the customer will be informed here at least two weeks before a change comes into effect and requested to communicate any reservations against the planned change.
3. the performance of the service is carried out within the framework of the time periods specified in the offer or in agreement with the customer. If the customer does not provide the necessary documents for the execution of the order in time, Digitalarbeit.com is not liable for any damages resulting from the delay for the customer. The delay entitles Digitalarbeit.com to postpone the fulfillment of services for the duration of the delay.
plus a reasonable grace period or to withdraw from the contract in whole or in part on account of the part not yet fulfilled. Digitalarbeit.com will inform the customer immediately about any delays in the
Inform project progress and the probable failure to meet a deadline. In case of such delays
the customer shall grant Digitalarbeit.com a reasonable grace period. The customer will only reject changes to the time schedule proposed by Digitalarbeit.com for legitimate reasons.
4. minutes of meetings between the parties shall be made available by e-mail. They shall be deemed
approved, if no objection is raised within one week.
5. the customer is granted the use of the homepage/website. This includes the permanent or temporary reproduction, the right to translate and edit the homepage/website and
the right to distribute the website and its reproductions.
§ 5 Copyright, right of use
1. digitalarbeit.com holds the copyright for websites created by Digitalarbeit.com. Drafts in printed
or electronic form may not be changed, published or passed on to third parties without the explicit consent of Digitalarbeit.com.
2. digitalarbeit.com transfers the copyright of the created websites to the customer after full payment. The copyrights to the designs remain the property of Digitalarbeit.com. Digitalarbeit.com reserves the right to further use them. Suggestions made by the customer or his or her other collaboration do not constitute a co-author’s right.
3. only rights of use are granted for concepts and drafts of the design work. No ownership rights are transferred.
4. as far as software is part of the scope of delivery, it is handed over to the customer for use. He may neither copy it nor give it to others for use. A multiple right of use requires a special written agreement.
§ 6 Duties of the customer
The responsibility for the service parts delivered by the customer for the creation of the homepage/website lies exclusively with the customer. He assures that they are neither criminally relevant, nor harmful to minors or
contain pornographic content and do not violate the copyright or trademark rights of third parties. Digitalarbeit.com is entitled, as far as it detects violations of the above mentioned requirements, to ask the customer for the transfer of the
to request legitimate material. If the customer does not comply with this request within a period of 2 weeks Digitalarbeit.com is entitled to withdraw from the contract. In this case the customer shall reimburse Digitalarbeit.com for all costs incurred until then for the creation of the homepage/website and other pages.
§ 7 Remuneration and Payment Modalities
1. the remuneration to be paid is specified in the contract. If the execution of the order is delayed for reasons for which the customer is responsible, Digitalarbeit.com may demand a payment on account for the services rendered up to that point.
demand. The payment of the fees is always made by bank transfer or PayPal. The
Checks are only accepted on account of payment.
2. digitalarbeit.com starts with the services immediately after the first debit note has been credited
or any other payment transaction. One-off fees, the provision fee, variable fees and purchase prices for other products are collected upon provision of the service or immediately before delivery.
3. if the creation of the service, product or website is done on a server provided by Digitalarbeit.com, the transfer to the customer will only take place after receipt of payment of the final invoice.
4. support contracts are concluded for one year. Unless one of the contracting parties has signed the contract before
If the contract is terminated at the end of this term, the contract term is extended by a further year. Further extensions
are possible without any restrictions. The monthly flat fee for the maintenance of the website will be charged to each
month after the end of the month.
5. in the case of service and work contracts that go beyond the normal scope, we are entitled to demand reasonable
to demand payment on account. This does not affect partial performances, which are also paid proportionately.
6. if payment deadlines are exceeded, we shall be entitled, even without a reminder, to charge interest on arrears at a rate of 5% above
the base interest rate.
7. our offers are subject to a restriction regarding data transfer and storage space. For the case,
that the restrictions are exceeded, we are entitled to make a reasonable advance payment
demand. Our prices do not include support services. If the customer uses technical support services
If the customer makes use of our services, these will be charged according to the valid price list.
8. if the customer is in arrears with due payments, we shall be entitled to
to block the offer in question until the outstanding amount has been received.
9) The customer can only counter claims of Digitalarbeit.com with undisputed or legally binding
§ 8 Termination, termination of contract and amendment of contract content
1. digitalarbeit.com is granted an extraordinary right of withdrawal in the event that the customer
handed over material is illegal, technically not usable or the implementation is economically ruinous according to the contract for Digitalarbeit.com.
2) A termination requires the written form by letter or email to be effective.
3. digitalarbeit.com is entitled to change its contractual services within the framework of the contract of care,
as far as the changes do not represent any impairment of the customer’s rights. About corresponding
The customer will be informed of any changes.
Digitalarbeit.com is further entitled to change the contract if this is necessary due to changed technical conditions to maintain the service or due to changed legal requirements, especially on the part of the courts or the Regulatory Authority for Telecommunications and Post.
4. changes to the general terms and conditions shall be communicated to the customer at least 4 weeks before the start of the contract.
Entry into force by email to his email address or by post. If such changes are not objected to within one month of delivery, they shall be deemed accepted. If the changes are to the disadvantage of the customer, the customer may terminate the contractual relationship without notice within one month of receipt of the notification of change.
5) Unless otherwise provided in these GTCs, amendments to the contract, supplements and ancillary agreements must be made in writing to be effective. The written form requirement also applies to the waiver of this formal requirement. Other communications from Digitalarbeit.com to the customer as well as communications that become necessary in the course of business are always sent to the customer’s email address. Notifications are valid with the
and the availability at this address, regardless of the date of receipt, to
to whom the customer actually retrieves such messages.
§ 9 Right of revocation for distance selling contract
1) The consumer has the right to withdraw his declaration of intent to conclude the contract within
two weeks after conclusion of the contract. The revocation does not have to contain any reasons and is
text form against the contractor or by returning the received service or goods to
timely dispatch suffices to meet the deadline.
2. digitalarbeit.com reserves the right to terminate the contract after the two-week cancellation period.
3. the right of revocation does not exist for distance contracts, which are based on
individual web presence of the consumer.
§ 10 Warranty
1. digitalarbeit.com warrants for defects at its own discretion by repair or new production. Some of Digitalarbeit.com’s customer specific settings can be defined online. The transmission of such data via the internet is at the customer’s risk without any warranty by Digitalarbeit.com. Notices are valid as soon as they are received and will be considered binding by Digitalarbeit.com until new data is received via the Internet.
is used to perform the service. Any delays occurring in this connection are due to technical reasons and do not constitute a defect. Digitalarbeit.com guarantees the faultless functionality of the created website on defined web servers, databases and operating systems which are named in the contract. The customer will then
that the use of third party software is necessary for the presentation and therefore there is a difference in appearance.
2. if Digitalarbeit.com seriously and finally refuses to fulfill or remove the defect and subsequent performance due to disproportionate costs, if the subsequent performance fails or is unreasonable for the customer, the customer may at his choice only reduce the payment (abatement) or cancel the contract (withdrawal) and claim damages within the scope of the limitation of liability (see §
12) instead of performance. However, in the event of only a minor breach of contract, in particular in the case of only minor defects, the customer shall not be entitled to a right of rescission.
3. the entrepreneur can reduce the remuneration, rescind the contract and claim damages
within the scope of the limitations of liability or reimbursement of expenses instead of performance
due to a defect only after the unsuccessful expiry of a reasonable period of time determined by him, connected
with the declaration that he refuses to remedy the defect after the expiry of the deadline, if
the setting of a time limit is not dispensable according to the statutory provisions.
4. if Digitalarbeit.com is not responsible for the breach of duty caused by a defect, the customer is not entitled to claim damages for the defect.
Withdrawal from the contract entitled.
5. in the event of fraudulent concealment of defects or the assumption of a guarantee for the quality of the goods
further claims are unaffected.
6. the customer does not receive any guarantees in the legal sense from Digitalarbeit.com.
§ 11 Statute of Limitations
1. the customer’s rights due to defects expire by limitation one year after acceptance of the website. The short statute of limitations does not apply if Digitalarbeit.com can be accused of gross negligence, as well as in case of attributable
body – and health damage or loss of life of the customer. The liability of Digitalarbeit.com according to the
Product liability law also remains unaffected.
2.claims of Digitalarbeit.com for compensation expire in five years.
§ 12 Limitation of Liability
1. digitalarbeit.com has all creative and aesthetic freedom in the design of the homepage/website, taking into account the economic interests of the client. Digitalarbeit.com creates the homepage/website with the exception of the elements supplied by the client.
2. digitalarbeit.com is only liable for damages caused by digitalarbeit.com, its legal representatives or one of its agents through gross negligence or intent. The above limitation of liability applies to both contractual and non-contractual claims.
3. if the culpable violation of a cardinal or essential contractual obligation is not caused by gross negligence or
intentionally, the liability is limited to the amount of damages typical for the contract, which are at the time of the
reasonably foreseeable at the conclusion of the contract. This shall also apply to slightly negligent breaches of duty by the legal representatives of the contractor or his vicarious agents.
4. digitalarbeit.com is not liable to entrepreneurs for slightly negligent breach of minor contractual obligations.
5. for the documents, images and information received from the customer which were handed over to Digitalarbeit.com for
design of an individual web presence, Digitalarbeit.com cannot be held liable for loss or damage
can be made. Does the material provided by the client make the creation of a website impossible liable
Digitalarbeit.com will not be liable for any damages resulting from this.
6. the above mentioned limitations of liability do not affect the customer’s claims from product liability. Further
the limitations of liability do not apply to personal injury to the customer and warranted characteristics.
As far as the liability is effectively excluded or limited, this also applies to the personal liability of the
employees, other employees, organs, representatives and vicarious agents.
§ 13 Data protection and data handling
1. digitalarbeit.com points out in accordance with § 33 BDSG that personal data in
The data will be stored in the context of the contract and, if necessary, forwarded to involved cooperation partners, auxiliary persons and service providers of Digitalarbeit.com to the necessary extent. Otherwise, personal data will only be collected, processed or used if the customer agrees or a
legal regulation allows this. The data will not be passed on to third parties for advertising purposes.
2) As far as data are transmitted to us – no matter in which form – the customer makes backup copies. Our servers are backed up regularly. In the event of data loss, the customer is obliged to transfer the data concerned to us again free of charge.
3. the customer is responsible for all content produced or published by him, via his access code or by third parties via his content produced or published by Digitalarbeit.com. Digitalarbeit.com does not generally monitor or check these contents.
4) We point out that data transmission over the internet (e.g. communication by e-mail) can have security gaps. A complete protection of data against access by third parties is not possible.
§ 14 Virus protection and security
The customer is advised that he should take his own security measures to prevent damage caused by viruses or other illegal or immoral data. Such measures are beyond the scope of the security measures necessary to protect the own
Digitalarbeit.com against unauthorized access by third parties is not part of the contractual services.
2. the customer is obliged to refrain from any misuse of the email service, in particular not to offer, transmit or request the transmission of computer viruses or other malicious software or to execute other applications that lead or may lead to damage to the provider’s systems, his networks or other networks. The customer undertakes to check data for viruses before uploading them to the network and to only upload checked files to the server.
3) The customer is obliged to use only software that guarantees the security of the server.
and data contents are not affected.
4. digitalarbeit.com reserves the right to block content that could affect the regular operation or the security of the server or to stop its operation in individual cases. Digitalarbeit.com reserves the right to block the customer’s offer without warning if the customer has other programs running that could affect the regular operation or the security of the server.
5. the customer is obliged to keep the personal password to his access identification carefully and protected from access by third parties and to protect it from misuse and loss. He/she shall indemnify Digitalarbeit.com from costs and claims of third parties that arise from the violation of the above mentioned obligations.
§ 15 Warranty, notice of defects
The customer must immediately check that the manufactured products and the sample products sent for correction are free of defects. The risk of any errors shall pass to the customer with the release declaration by the customer. Excluded from this are defects which only arise or become apparent in the production process following the respective declaration of release.
Obvious defects must be reported in writing within a period of one week from receipt of the goods, hidden defects within a period of one week from discovery; otherwise the assertion of warranty claims is excluded.
If the customer makes a justified complaint about defects in the contractually agreed performance, the contractor shall be obliged and entitled to choose between repair or delivery.
Defects of a part of the delivered goods do not entitle to complain about the entire delivery, unless the partial delivery is of no interest to the client.
In the event of failure of the repair or replacement as well as in the event of inactivity of the contractor for more than 14 days, the client has the right to reduce the remuneration or to cancel the contract.
Data, manuscripts and other templates made available by the client or a third party engaged by him are not subject to any obligation of examination by the contractor. This does not apply if the templates are obviously faulty or not readable. In the case of data transmissions, the client must take protective measures that correspond to the latest state of the art. Data backup is the sole responsibility of the client. The contractor is entitled to make copies if they are necessary for the execution of the order.
§ 16 Damages, liability
In cases of intent or gross negligence on the part of the contractor or a representative or vicarious agent as well as in cases of culpably caused injury to life, body or health, the contractor shall be liable in accordance with the statutory provisions.
Otherwise, the contractor shall only be liable under the Product Liability Act, for culpable breach of material contractual obligations or if the contractor has fraudulently concealed a defect or has assumed a guarantee for the quality of a contractual product.
The claim for damages for the culpable violation of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless another of the cases listed in § 7 para. 1 or 2 applies at the same time.
The above provisions shall apply to all claims for damages (in particular for damages in addition to performance and damages in lieu of performance), irrespective of the legal grounds, in particular due to defects, the breach of duties arising from the contractual obligation or from tort. They shall also apply to the claim for compensation for futile expenses.
A change in the burden of proof to the disadvantage of the customer is not associated with the above provisions.
The client shall be fully responsible for any delays in delivery that are due to the fault of the client or third parties commissioned by the client. In this case no disadvantages, in particular of a financial nature, may arise for the contractor.
If the contractor delays the service, the customer can only exercise the rights from § 323 BGB if the delay is the responsibility of the contractor. A change in the burden of proof is not connected with this regulation.
Interruptions in operations for which the contractor is not responsible – both in the contractor’s business and in that of a supplier – such as strikes, lock-outs and all other cases of force majeure, shall only entitle the customer to terminate the contract if the customer can no longer reasonably be expected to wait any longer, otherwise the agreed delivery period shall be extended by the duration of the delay. However, a termination is possible at the earliest four weeks after the occurrence of the above described operational disturbance. Any liability of the contractor is excluded in these cases.
Otherwise the liability of the contractor is excluded. This also applies to the liability for a constant and error-free availability of Internet services. Even with the current state of technology, error-free and uninterrupted data communication via the Internet cannot be guaranteed.
§ 17 Service contract
1. concluded service contracts can be terminated by both parties without special or important reason and without giving reasons.
2. for a proper termination, the written form is required. E-mail is also permissible.
§ 18 Final provisions
In addition to these General Terms and Conditions, the General Terms and Conditions for Web Hosting Contracts shall apply in the version valid at the time of conclusion of the contract.
2. the law of the Federal Republic of Germany applies.
3. if the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of Digitalarbeit.com. The same applies if the customer does not have a general place of jurisdiction in Germany or if the customer’s residence or usual place of business is in Germany.
stay is not known at the time of the filing of the complaint.
4. a sale of individual business units of Digitalarbeit.com or a change of shareholders does not constitute a special right of termination.
5. if individual provisions of the contract with the customer, including these terms and conditions, are or become invalid in whole or in part, the validity of the contract shall not be affected.
of the other provisions shall not be affected.