Terms and Conditions
1. Scope
These terms apply to all contracts for web design, search engine optimisation, hosting, and maintenance services between Nds-Webdesign ("we") and business clients ("the client") within the meaning of § 14 BGB. Deviating terms of the client do not apply unless we have agreed to them in writing.
2. Services
The scope of services is defined in the individual written offer. Design drafts, functionality, and timelines shown on this website are illustrative and do not constitute a binding offer. We may engage qualified subcontractors.
3. Client's duty to cooperate
The client provides all required content (text, images, logos, access credentials) in a usable form and in good time, and confirms that they hold the necessary rights to this material. Delays in cooperation extend agreed deadlines accordingly.
4. Prices and payment
All prices are net plus statutory VAT. Unless otherwise agreed, project work is invoiced 50% on commissioning and 50% on handover. Hosting and maintenance fees are billed monthly or annually in advance. Invoices are due within 14 days of the invoice date without deduction.
5. Acceptance
The client reviews the completed work within 14 days and declares acceptance in text form. Putting the delivered website into live operation counts as acceptance. Minor defects do not entitle the client to refuse acceptance.
6. Rights of use
On full payment the client receives the simple, non-exclusive, transferable right to use the delivered website for the agreed purpose. We remain entitled to name the client as a reference and to show the project in our portfolio unless the client objects in writing for good cause.
7. Warranty and liability
We warrant that the services are free from defects that materially impair their value or fitness for the contractual use. We are liable without limitation for intent and gross negligence and under the Product Liability Act. For slight negligence we are liable only for breach of a material contractual obligation and only up to the foreseeable, contract-typical damage. Liability for data loss is limited to the effort required to restore data from backups the client maintains properly.
8. Hosting and availability
We target an annual data-centre availability of 99.5%, excluding announced maintenance windows and events beyond our control. We keep daily backups for 30 days.
9. Term and termination
Hosting and maintenance contracts run for an initial term of 12 months and renew for successive 12-month periods unless terminated with 3 months' notice to the end of the term. The right to terminate for good cause remains unaffected. Termination must be in text form.
10. Data protection
Where we process personal data on behalf of the client, the parties conclude a separate data processing agreement pursuant to Art. 28 GDPR.
11. Final provisions
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes is our registered office, provided the client is a merchant, a legal entity under public law, or a special fund under public law. Should individual provisions be or become invalid, the validity of the remaining provisions is unaffected.