§ 1 Scope & subject matter of the contract
These terms and conditions apply to services in accordance with the contract concluded between the Web Designer Ali Soueidan (hereinafter AN) and the customer (hereinafter AG).
These terms and conditions apply exclusively. Conditions of the AG , which conflict with these terms and conditions or deviate from them, the AN does not recognize, unless the validity was expressly agreed in writing.
These terms and conditions also apply if the AN carries out the order without reservation, despite being aware of terms and conditions of the AG that conflict with or deviate from the conditions listed here.
These terms and conditions apply to both entrepreneurs and consumers, unless a distinction is made in the following provisions.
§ 2 Type and scope of services
The AN undertakes to carry out the services required under this contract in a professional manner. Additional services that are not listed under § 1 and which are instructed by the AG are, if feasible, executed against separate payment, but require the written form.
In consultation with the AG, the third-party services necessary for the fulfillment of the contract are ordered in the name and for the account of the AG. The AG undertakes to grant the corresponding authority to the AN .
Travel expenses and expenses for travel, which are related to the order, are agreed with the AG and are to be reimbursed by him.
§ 3 Order fulfillment and repair work
The services of the AN shall be considered as fulfilled and accepted if the AG does not object within 5 working days. Time, place, type and extent of the defect must be described exactly. If the AG is justified in claiming defects in the contractually agreed service, the AN is obliged to rectify and entitled. In the following, the AN commits himself to 3 repair units, which include the reworking of the product, according to the customer's request. If a post-processing unit is used up, another 5 working days remain for renewed application for rectification. If no remedy is required within the deadlines defined in advance, the claim for all 3 rework units shall lapse.
Reworks are divided into different categories, which can be asserted at different times of the completion of the final product.
Requests for changes, which were not listed in point 2, require the written form, as well as a price recalculation.
The rectification of technical defects that affect the basic functionality of the final product can be displayed within up to 3 months after completion of the product and be repaired free of charge, provided that they are the fault of the AN .
Die Behebung von Mängeln, welche durch Dritte oder den AG selbst verursacht worden sind, erfordern der erneuten Schriftform sowie einer neuen Preisberechnung.
The AG undertakes to remunerate the AN for the provision of the service defined in this contract with an agreed sum.
Remuneration will be given within 10 working days of invoicing, unless otherwise agreed.
Unless otherwise agreed in §5 (2), the following applies: the fee is payable within 10 working days of invoicing at the latest. If the ordered work is accepted in parts, then a corresponding partial remuneration is due for each such partial acceptance. If an order extends over a period of more than two months, or if the AN requires advance payments exceeding 25% of the agreed fee, the installment will be subject to appropriate installments, namely 25% of the total contract award, 25% upon completion of the contract 50% of the work, 50% after delivery.
The AN has a creative and artistic freedom within the scope of the agreed contract. The acceptance may not be denied for artistic and artistic reasons.
§6 Freedom of instruction, voucher copy & advertisement
The production control by the AN takes place exclusively on the basis of special agreements.
The AN shall be entitled to use these samples and all work resulting from the fulfillment of the contract for the purpose of self - promotion in all media, naming the AG and otherwise indicating the action for the AG , unless the AN has any conflicting interest in confidentiality AG in writing. Any rights of third parties must be obtained by the AN for its own advertising purposes.
$ 7 Rights to products
The AG receives the right to use the manufactured end product for an indefinite period in accordance with the intended use.
The AN retains a copy of the created product and remains the owner over the code of the created product, but undertakes not to pass it on to third parties in his individual overall composition or copy.
For licenses of pictures, texts, contents in general, which are claimed by third parties the respective license conditions apply. These must be checked by the AG and adhered to. The AG is responsible for the contents of the website.
The publication of computer data, files or layouts created by computer need not be issued to the AG . A publication takes place only with separate agreement and remuneration.
If the AG has been provided with original computer files, these may only be modified with the prior consent.
The customer does not acquire the ownership of drafts for the corresponding end product, but only the unrestricted right to use them, unless otherwise agreed.
Should a product liability insurance be required to carry out the service, the AG agrees to complete the corresponding insurance questionnaire together with the AN .
The AG commits itself to the testing of the functionality of products, as well as to the announcement of errors with the AN , within 3 months, however compellingly before insertion of the product in the practice.
The AN shall be liable for all defects indicated within 3 months, which prevent the basic functionality of the final product or make it impossible for the respective purpose of use and which are additionally caused by the AN himself and without the intervention of third parties, by rectification.
§9 Form of explanation
Legally relevant declarations and advertisements that the AG has to submit to the AN or a third party must be in writing.
The determination, agreement or modification of deadlines must be recorded in writing and confirmed in writing.
§10 Other provisions
Any written agreement and associated annexes shall constitute the entire Convention of the Parties.
Tacit, verbal or written subsidiary agreements were not made. Changes or additions to this contract of work are only effective if agreed in writing. This also applies to a change of this written form clause. Deviating from this, informal changes or additions to this contract shall be effective if they are individual agreements within the meaning of § 305b BGB. These individual agreements are generally to be laid down in writing for the purpose of facilitating evidence.
Incidentally, the provisions of the terms and conditions listed here apply.Back to main page