Terms and Conditions

§ 1 Scope

These General Terms and Conditions (hereinafter "Terms") apply to all contracts between Kaizen Webworks (hereinafter "Contractor") and the Client for the creation of websites, web design services and related services.

Deviating, conflicting or supplementary General Terms and Conditions of the Client shall not become part of the contract unless their validity is expressly agreed to in writing.

§ 2 Contract Formation

Offers by the Contractor are subject to change and non-binding unless they are expressly designated as binding or contain a specific acceptance period.

The contract is concluded by written order confirmation by the Contractor or by commencement of work.

Changes and additions to the contract must be made in writing.

§ 3 Scope of Services

The scope of services to be provided results from the service description in the respective offer or order.

Additional services that go beyond the agreed scope will be remunerated separately.

The Contractor is entitled to have services performed by qualified third parties (subcontractors).

§ 4 Client's Obligations to Cooperate

The Client shall provide all documents, information and access data required for the execution of the order in a timely manner.

The Client is obligated to immediately review the interim results created by the Contractor and to communicate any desired changes.

Delays caused by insufficient cooperation by the Client are not at the expense of the Contractor.

§ 5 Remuneration and Payment Terms

The remuneration is based on the respective offer. All prices are plus statutory VAT.

For projects with a duration of more than one month, partial payments can be agreed upon.

Invoices are due for payment within 14 days of invoicing without deduction.

In case of payment delay, default interest of 9 percentage points above the base rate will be charged.

§ 6 Copyright and Usage Rights

The Contractor grants the Client simple usage rights to the created works after full payment of the remuneration.

The Client warrants that all content provided by them is free of third-party rights.

The Contractor is entitled to use the created work for reference purposes.

§ 7 Warranty

The Contractor warrants that the services provided are free of material and legal defects at the time of acceptance.

The warranty period is 12 months from acceptance.

In case of justified defect complaints, the Contractor will remedy or provide replacement at their choice.

§ 8 Liability

The Contractor is only liable for damages based on intentional or grossly negligent behavior.

Liability for indirect damages, lost profits and consequential damages is excluded.

Liability is limited in amount to the contract sum.

§ 9 Termination

Both parties can terminate the contract extraordinarily for important reasons.

In case of termination by the Client without important reason, the agreed remuneration must be paid in full.

Partial services already provided must be remunerated accordingly.

§ 10 Data Protection

Both parties commit to compliance with applicable data protection regulations.

Personal data will only be processed within the scope of order processing.

§ 11 Final Provisions

German law applies excluding the UN Convention on Contracts for the International Sale of Goods.

Place of jurisdiction is the seat of the Contractor.

Should individual provisions of these Terms be invalid, the validity of the remaining provisions remains unaffected.