General Terms and Conditions (GTC)

§ 1 Scope of Application

(1) The following General Terms and Conditions (GTC) apply to all contracts between Andre Andorfer (hereinafter the „Contractor“) and the respective client concerning services in the areas of web design, web development, app development, graphic design and related services.

(2) Deviating, conflicting or supplementary general terms and conditions of the client shall only become part of the contract if and to the extent that the Contractor has expressly agreed to their validity in writing.

(3) These GTC also apply to all future business relationships with entrepreneurs, even if they are not expressly agreed again.

§ 2 Conclusion of Contract and Project Procedure

(1) All offers made by the Contractor are subject to change and non-binding, unless expressly agreed otherwise. The Contractor reserves the right to reject orders at any time without stating reasons.

(1a) The maximum order value for individual projects is 50.000,00 € (net). Orders exceeding this value will not be accepted.

Initial Consultation and Pre-Contractual Services

(2) Prior to conclusion of the contract, an initial consultation takes place in which the project requirements are discussed. Compensation for expenses and travel costs may be charged for this pre-contractual service, even if no binding contract for the actual main service has yet been concluded. The client will be informed clearly and transparently about these costs in advance.

The initial consultation can be conducted as follows:

• Remote (free of charge): Video call via Microsoft Teams or comparable platforms – no travel costs
• On site at the client – throughout Germany: In-person on-site appointments are possible throughout Germany. A one-time flat travel fee applies (gross, incl. statutory VAT), staggered according to the one-way distance from the Contractor’s place of business:
  • up to 150 km: 69,00 € gross
  • over 150 km up to 300 km: 119,00 € gross
  • over 300 km: 179,00 € gross
• On site at the Contractor’s premises: In-person meeting free of charge (no travel costs)

The substantive consultation during the initial meeting is free of charge. The flat travel fee is payable regardless of any subsequent conclusion of a contract and is not credited against the total order value upon commissioning. Decisive for the tier is the one-way distance (shortest reasonable road connection) between the Contractor’s place of business and the appointment location. If an on-site appointment requires an overnight stay due to the distance, any accommodation costs will be charged separately and exclusively after prior agreement.

(2a) Initial assessments by the Contractor that go beyond the free initial consultation – in particular an in-depth technical or conceptual analysis, solution outlines, effort and feasibility assessments or comparable preparatory work – are initially a free part of acquisition. If no commission follows thereafter, the Contractor is entitled to charge for the effort actually incurred, up to a maximum of 4 hours of working time. A minimum of 1 hour and a maximum of 4 hours will be charged at an hourly rate of 163,00 € gross (incl. VAT); the remuneration is therefore at least 163,00 € and at most 652,00 € gross. Before providing such a potentially chargeable initial assessment, the Contractor will expressly point out to the client the possible charge. If a commission subsequently follows, the charge does not apply; there is no crediting against the order value.

During ongoing project execution (from commissioning until acceptance), the same flat travel fees apply to in-person on-site appointments at the client, but with a discount of 50 % – thus up to 150 km 34,50 € gross, over 150 km up to 300 km 59,50 € gross and over 300 km 89,50 € gross. The one-way distance is decisive here as well. After acceptance – in particular during the standard support and beyond – the full flat fees pursuant to § 14 Absatz (8) apply again.

Non-Disclosure Agreement (NDA)

(3) Before or at the latest at the beginning of the initial consultation, a non-disclosure agreement (NDA) is concluded between the parties and signed by both parties, unless already done by the client. The signed NDA is a mandatory prerequisite for the initial consultation and forms the contractual basis for the exchange of confidential information as well as all further project discussions.

The NDA is valid for 5 years from signing.

Contractual Penalty for Breach (B2B only)

The following applies to entrepreneurs: In the event of a culpable breach of the confidentiality obligations, the Contractor is entitled to assert a contractual penalty of up to 10.000,00 € per breach. The amount of the contractual penalty depends on the severity of the breach, in particular on the extent of the disclosed information, the degree of fault and the damage incurred or threatened. At the debtor’s request, the contractual penalty must be reduced by the competent court to a reasonable amount if it is disproportionately high (§ 343 BGB). The assertion of further damages remains reserved; a contractual penalty paid will be credited against the damages.

Damages for Breach (B2C)

The following applies to consumers: In the event of a culpable breach of the confidentiality obligations, the consumer is liable for damages in accordance with statutory provisions. The Contractor is entitled to demand compensation for the damage incurred as a result of the breach and, if necessary, to assert it in court.

Download NDA template

Conclusion of Contract

(4) A contract is only concluded upon the written order confirmation by the Contractor or upon commencement of the work.

(5) Cost estimates are non-binding. If the actual effort deviates by more than 15% from the cost estimate, the Contractor is obliged to inform the client without delay.

§ 3 Right of Withdrawal

Contracts with Entrepreneurs (B2B)

(1) There is no right of withdrawal for contracts with entrepreneurs, legal entities under public law or special funds under public law.

Contracts with Consumers (B2C)

(2) In the case of distance contracts, consumers generally have a 14-day right of withdrawal pursuant to § 355 BGB.

Expiry of the Right of Withdrawal for Services

(3) In the case of service contracts, the right of withdrawal expires pursuant to § 356 Abs. 4 BGB if the Contractor has fully rendered the service and only began performing the service after the consumer had given his express consent and at the same time confirmed his knowledge that he loses his right of withdrawal upon complete performance of the contract by the Contractor.

Early Commencement of Performance

(4) If performance of the service is to begin before expiry of the withdrawal period, the consumer will be expressly informed of this and asked for his consent. By expressly consenting to the early commencement of performance and confirming that he has taken note of the loss of the right of withdrawal upon complete performance of the contract, the consumer declares his agreement pursuant to § 356 Abs. 4 BGB.

The acceptance of the offer or commissioning by the consumer is at the same time deemed to be express consent to the early commencement of performance within the meaning of this provision and confirmation that he has taken note of the loss of the right of withdrawal upon complete performance of the contract, provided that the consumer has expressly confirmed this as part of the commissioning.

Consent upon Acceptance of Offer

(5) If the consumer accepts an offer submitted by the Contractor and places the order, he declares upon acceptance of the offer or placing of the order:

Upon acceptance of the offer or placing of the order, the consumer is expressly informed of this declaration of consent and its legal consequences and must actively confirm it by ticking a box or a comparable action. The mere request for an offer does not yet establish any contractual obligation and does not require a declaration of consent to the early commencement of performance.

Withdrawal Instructions for Consumers

§ 4 Scope of Services

(1) The specific scope of services results from the respective order confirmation or the individual project contract.

(2) Changes or extensions to the agreed scope of services require a written agreement and may lead to an adjustment of the remuneration and the delivery deadlines.

(3) The Contractor owes the development and design of the agreed services according to the current state of the art. Complete freedom from errors of software cannot be technically guaranteed. This does not affect the statutory warranty rights.

(4) Services that go beyond the scope of services defined in the offer or the order confirmation are subject to a charge and will be billed at the individually agreed hourly rate. If no deviating rate has been agreed, the maintenance hourly rate pursuant to § 6 Abs. 2 applies. The Contractor will point out to the client that such additional services are subject to a charge before rendering them.

§ 5 Client’s Duties to Cooperate

(1) The client is obliged to provide all information, documents and access required for carrying out the order in a timely and complete manner.

(2) The client ensures that he holds all necessary rights to the content provided (texts, images, logos, etc.) and that these may be used legally.

(3) Delays resulting from insufficient or late cooperation by the client shall be borne by the client and may lead to an adjustment of the deadlines and remuneration.

(4) The client indemnifies the Contractor against all third-party claims based on an infringement of rights by content provided by the client (in particular texts, images, graphics, logos, videos or other materials). This also includes the reimbursement of reasonable costs of legal defence.

(5) Insofar as the agreed scope of services includes development work requiring connectivity to Apple devices – in particular Apple Watch, iPad, Mac, Apple TV or comparable Apple platforms – the client is obliged to provide the Contractor with a functional Mac computer in good time before the start of the relevant development steps. This applies regardless of whether the connectivity was already provided for in the original scope of services or is only agreed during the course of the project. If the client fails to fulfil this obligation in good time, the resulting delays are deemed to be the client’s responsibility; § 5 Abs. 3 of these GTC applies accordingly.

(6) Insofar as the agreed scope of services includes the publication of an app in the Apple App Store or Google Play Store, the client is obliged to set up, at his own expense, a valid Apple Developer Account (currently 99 USD/year) or a Google Play Developer Account (currently a one-time 25 USD) and to maintain it for the duration of the cooperation. The accounts must be registered exclusively in the name of the client. The Contractor may assist with setting up the accounts; the fees incurred are borne exclusively by the client. Delays resulting from a set-up not carried out in good time or an expired account shall be borne by the client; § 5 Abs. 3 of these GTC applies accordingly.

(7) Services that go beyond pure web development and require additional effort – in particular on-site assignments, on-site configurations, set-up of hardware or software at the client’s premises, training or in-person on-site consultations – are not included in the agreed scope of services and are remunerated separately. Unless otherwise agreed, billing is based on effort at the individually agreed hourly rate; any travel and journey costs will be charged additionally. Such services will be shown separately in the respective order confirmation or a supplementary offer before they are rendered.

§ 6 Remuneration and Payment Terms

(1) The remuneration results from the respective order confirmation. All prices are subject to statutory value added tax.

(1a) Base prices for web development projects refer to front-end development with a maximum of 3 pages in desktop format (not responsive). Additional services such as mobile responsive design, CMS integration, further pages or extended functionalities are agreed individually and shown separately in the respective order confirmation.

(2) Unless otherwise agreed, billing is based on effort at the individually agreed hourly rate. For maintenance and support services (e.g. minor adjustments, error correction outside the warranty, ongoing maintenance), a flat hourly rate of 15,00 € net applies, unless otherwise agreed in the individual order. This rate applies exclusively to subsequent maintenance services and not to the initial remuneration of a project.

Down Payment and Milestone Payments

(3) After contractual confirmation of the order, a down payment amounting to 25% of the total order value becomes due. This must be paid before commencement of the work.

(3a) The down payment pursuant to paragraph 3 does not apply if the client opts for purely hourly billing. In this case, remuneration is based exclusively on the hours actually worked at the agreed hourly rates. For hourly billing, a minimum order volume of 30 working hours is required.

(3b) The down payment pursuant to paragraph 3 has a dual character: on the one hand, it serves as a security deposit for the preparatory activities of the Contractor already rendered before and upon conclusion of the contract, and on the other hand it constitutes an advance payment for project-related work.

(3b-1) The offsetting of the down payment against the due milestone payments takes place exclusively at the time of the two most costly milestones of the project. The Contractor bindingly defines these two milestones in the project plan and designates them as creditable. The down payment is credited equally against the remuneration of these two milestones, so that half of the down payment amount is deducted per milestone. Remaining amounts from the down payment exceeding the total value of these two milestones are carried over to the respective next following milestone. Deviating offsetting dates can be determined exclusively by written agreement of both contracting parties.

The down payment is non-refundable. Upon conclusion of the contract and at the latest upon payment of the down payment, the Contractor has already rendered remunerable services that justify the value of the down payment. These include in particular: initial consultations and requirements analysis, preparation of the offer and the project calculation, creation of the project plan and the milestone structure, preparation of the NDA and the contract documents, reservation of capacities as well as technical pre-planning. These services are compensated by the down payment and cannot be reclaimed in the event of a unilateral order cancellation or order interruption by the client. In the event of termination by the client pursuant to § 648 BGB, the down payment remains with the Contractor as remuneration for the services rendered up to that point; further claims of the Contractor remain unaffected.

(3c) If the client unilaterally and without the Contractor’s consent puts the order on hold for an indefinite period, this is deemed to be an implied termination pursuant to § 648 BGB after 4 weeks without written resumption. In this case, the down payment remains with the Contractor pursuant to paragraph 3b.

(3d) If the client unilaterally cancels the order, terminates it or discontinues further cooperation after the 20th day of a calendar month, a flat-rate compensation amounting to 10 % of the order value becomes due – since the Contractor has already bindingly planned and reserved his capacities for the current month. Decisive is the point in time at which the declaration of cancellation or termination reaches the Contractor. Payments already made (in particular the down payment pursuant to paragraph 3b as well as billed milestones) as well as further statutory or contractual claims of the Contractor – for instance pursuant to § 648 BGB – remain unaffected by this; crediting takes place only insofar as this is necessary to avoid double claiming. The client reserves the right to prove that the Contractor incurred no damage or substantially less damage (§ 309 Nr. 5 b BGB).

(3e) Cooperation packages. For the term packages offered on the website under „Cooperation“ (2, 5 or 10 years), fixed total prices depending on the term apply, incl. statutory value added tax. The specific amount of the total price and the instalments results from the respective order confirmation or the individual offer. Of the total remuneration, 30 % is due as a down payment upon conclusion of the contract; the remaining 70 % is distributed equally in monthly instalments over the agreed term (2 years: 24 instalments, 5 years: 60 instalments, 10 years: 120 instalments), whereby the last instalment may change slightly for arithmetical balancing. The monthly instalments are each due monthly in advance, for the first time one month after conclusion of the contract. If the client defaults on an instalment, the provisions on default of payment (§ 6 Abs. 6 ff.) apply; the provisions on the down payment (§ 6 Abs. 3b) and on order cancellation (§ 6 Abs. 3d) apply accordingly.

(4) The remaining remuneration is made in milestone payments as determined by the Contractor. The Contractor defines the milestones, their scope and the associated payment amounts in the project contract. The milestones are based on the project progress and are defined in such a way that they represent billable, verifiable service packages.

(4a) Changes to milestones and their payment amounts during the course of the project require the written consent of both contracting parties. Such adjustments may become necessary if the project scope changes, technical requirements demand it or originally defined milestones prove to be impractical. The Contractor will inform the client without delay of the necessity of such adjustments and submit a corresponding change proposal.

(4b) Typical milestones may be: concept phase, design draft, development of core functions, test phase, project completion. The specific division is carried out on a project-specific basis by the Contractor.

(5) Milestone payments become due after successful acceptance of the respective milestone.

(5a) Regardless of the milestone structure and the project progress, an interim invoice is issued as soon as an effort of 30 working hours has accrued or at the latest after 4 calendar weeks have elapsed from the start of the project or since the last invoice – whichever event occurs earlier. This provision applies to both hourly and flat-rate agreed remuneration and ensures that rendered services are billed promptly.

Payment Deadlines

(6) Invoices are due for payment without deduction within 14 days of receipt, unless otherwise agreed.

Default of Payment and Consequences

(7) Occurrence of default: The client falls into default without a separate reminder if he fails to make a payment by the end of the due date (§ 286 Abs. 2 Nr. 1 BGB). With regard to consumers, default only occurs automatically 30 days after the due date and receipt of the invoice (§ 286 Abs. 3 BGB); an earlier reminder is, however, permissible.

(8) Default interest: From the occurrence of default, default interest is charged at the statutory rate. With regard to consumers, the interest rate is 5 percentage points above the applicable base interest rate of the Deutsche Bundesbank (§ 288 Abs. 1 BGB). With regard to entrepreneurs, the interest rate is 9 percentage points above the base interest rate (§ 288 Abs. 2 BGB). The assertion of further damages caused by default is expressly reserved.

(8a) Reminder costs: The Contractor is entitled to charge a flat reminder fee of 5,00 € per reminder letter for each reminder sent after the occurrence of default. In the event of engaging a debt collection agency or a lawyer to collect outstanding claims, the client shall bear the resulting costs to the extent legally permissible.

(8b) Flat default charge (B2B): With regard to entrepreneurs within the meaning of § 14 BGB, the Contractor is entitled pursuant to § 288 Abs. 5 BGB to assert a flat-rate compensation for expenses of 40,00 € for each claim arising from the client’s default of payment. This flat rate is credited against any damages insofar as these consist of costs of legal action.

(9) Right to refuse performance: In the event of default of payment, the Contractor is entitled to refuse the further rendering of services – including ongoing maintenance and hosting services as well as the handover of project data or access data – until all due claims have been settled in full. No claims for damages by the client against the Contractor arise from such a suspension of services.

(10) Judicial assertion and order for payment: If the client fails to settle a due claim within the set grace period despite a reminder, the Contractor is entitled, without further notice, to apply for a judicial order for payment pursuant to §§ 688 ff. ZPO or to file a lawsuit before the competent court. The costs of the dunning procedure – in particular the court costs as well as any lawyer’s fees under RVG – are in this case borne entirely by the client.

(11) Set-off and retention: The client is only entitled to set-off if his counterclaim has been legally established, is undisputed or has been recognised by the Contractor. The client can only assert a right of retention insofar as his counterclaim is based on the same contractual relationship.

(12) Right of rescission in the event of persistent default of payment: If the client fails to settle a due claim within a reasonable grace period of at least 10 working days set by the Contractor, the Contractor is entitled to rescind the contract (§ 323 BGB) and to demand damages for non-performance. Partial services already rendered are in any case to be remunerated proportionately according to the ratio to the total order value. The right to extraordinary termination for good cause remains unaffected.

§ 7 Dates and Deadlines

(1) Dates and deadlines are only binding if they have been expressly confirmed in writing as binding by the Contractor.

(2) All stated dates presuppose the timely cooperation of the client.

(3) In the event of delays due to force majeure, strike, lockout or other unforeseeable events, the agreed deadlines are extended appropriately.

§ 8 Acceptance

(1) The client is obliged to accept the services rendered in accordance with the contract within 7 working days of completion.

(2) With regard to entrepreneurs, acceptance is deemed to have taken place if the client does not notify substantiated defects in writing within the deadline. With regard to consumers, an express declaration of acceptance is required.

(3) Minor defects that do not significantly impair use do not entitle the client to refuse acceptance.

(4) If the client puts the completed work into operation, publishes it, passes it on to third parties or otherwise uses it productively, this is deemed to be an implied acceptance pursuant to § 640 Abs. 1 BGB, regardless of an express declaration. This also applies if the client refuses formal acceptance or lets the acceptance period pursuant to paragraph 1 elapse without notifying substantiated defects.

(5) After acceptance has taken place – whether express or implied – only those defects can still be asserted that the client has designated in writing and specifically before or at the latest upon acceptance. Defects that were known to the client upon acceptance and were not reserved are excluded (§ 640 Abs. 3 BGB).

§ 9 Copyright and Rights of Use

(1) All works created by the Contractor (designs, code, graphics, concepts, etc.) are protected by copyright.

(2) After full payment, the client receives the temporally and spatially unlimited, non-exclusive right of use to the works created in accordance with the contract for the agreed purpose of use.

(2a) Until full settlement of all due remuneration, any use, publication, transfer or exploitation of the created work results is prohibited. Premature use without express written release by the Contractor constitutes a copyright infringement and entitles the Contractor to assert injunctive relief, damages as well as a contractual penalty amounting to the outstanding invoice amount, but at least 500,00 €.

(2b) Insofar as code has already been transmitted to the client during the course of the project, the rights of use to this already transmitted code pass to the client upon full payment of the remuneration owed. Until full payment, paragraph 2a applies; use of the transmitted code is not permitted until then. The copyright as well as the rights to non-transmitted source code and raw data remain unaffected in accordance with paragraphs 1 and 5.

(3) Passing on to third parties or use for purposes other than those agreed requires the prior written consent of the Contractor.

(4) The Contractor is entitled to use the created works for his own reference purposes and marketing, provided that no agreement to the contrary has been made.

(5) Source code and raw data remain with the Contractor, unless expressly agreed otherwise.

§ 10 Warranty

(1) The Contractor warrants that the services are free from material defects at the time of acceptance.

(2) The warranty period is 24 months from acceptance for consumers and 12 months from acceptance for entrepreneurs.

(3) Defects must be reported in writing without delay. The Contractor has the right to subsequent performance within a reasonable period.

(4) Excluded from the warranty are defects caused by improper handling, changes by third parties or the client himself, or by external influences.

(5) The warranty does not extend to free updates, adaptations to new browser technologies or operating systems, or compatibility with future systems.

§ 11 Liability

(1) The Contractor is liable without limitation for damages resulting from injury to life, body or health as well as for damages based on intent or gross negligence.

(2) For property and financial damages caused by slight negligence, the Contractor is only liable in the event of a breach of material contractual obligations and limited to the damage typical for the contract and foreseeable. Liability is thereby limited to a maximum of the amount of the agreed remuneration.

(3) The Contractor is not liable for data loss insofar as the damage is based on the client’s failure to carry out regular data backups.

(4) With regard to entrepreneurs, liability for indirect damages, consequential damages or lost profit is excluded to the extent legally permissible. This restriction does not apply to consumers.

§ 12 Confidentiality and Data Protection

(1) The confidentiality of confidential information is governed by a separate non-disclosure agreement (NDA) that is concluded between the parties before the exchange of confidential project information.

(2) Both contracting parties undertake to keep secret all confidential information that becomes known in the course of the cooperation and to use it only for the purposes of the contract.

(3) This obligation continues to exist even after termination of the contractual relationship.

(4) The processing of personal data takes place in accordance with the applicable data protection regulations (DSGVO). Details can be found in the privacy policy.

(5) This website uses Google Analytics to analyse user behaviour. Use is based on consent pursuant to Art. 6 Abs. 1 lit. a DSGVO. Further information on data processing by Google Analytics as well as options to object can be found in our privacy policy.

§ 13 Termination

(1) Both contracting parties can terminate ongoing projects in writing with a notice period of 14 days.

(2) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in the case of:

• default of payment of more than 30 days
• breach of material contractual obligations
• insolvency of a contracting party

(3) In the event of termination, partial services already rendered are to be remunerated.

§ 13a Early Termination of Individual Service Components

(1) The Contractor is entitled to terminate individual parts of the order early insofar as these services cannot be rendered, or cannot be fully rendered, due to technical, legal or other unforeseeable circumstances.

(2) Services already rendered and transmitted are remunerated in full.

(3) At the client’s request, the Contractor may propose suitable alternatives for services that cannot be implemented or hand over their execution to third parties, provided that this is practically possible and the client agrees.

(4) The remaining service components that can still be implemented are not affected by this procedure.

§ 14 Maintenance and Support

(1) The project price includes standard support pursuant to paragraph (4). Further maintenance and support services that go beyond this standard support are not included in the project price and are agreed separately.

(2) If no maintenance agreement exists, the Contractor may charge for support services based on effort at the currently applicable hourly rates.

(3) The client is informed that without a maintenance contract, no guarantee can be assumed for functionality in the event of technical developments (browser updates, etc.).

(4) Every completed project includes standard support for a period of 24 months from project acceptance. This support is limited exclusively to basic services, in particular: answering simple questions about operation, minor text changes, correction of obvious errors within the scope of the warranty as well as general availability for urgent matters.

(5) Expressly not covered by the standard support are: functional extensions, design changes, entry of extensive content, performance optimisations, third-party integrations as well as other activities going beyond the basic support. These are charged separately based on effort at the respectively applicable hourly rates.

(5a) For extensions pursuant to paragraph (5) that the client commissions within the 24-month standard support (calculated from the original acceptance or completion of the order), the following hourly rates apply (gross, incl. statutory VAT):

• Integration of new sections into an existing project: 19,00 € per hour
• Development of new features: depending on scope and complexity 29,00 € to 49,00 € per hour

The hourly rate to be applied for a specific feature is communicated transparently to the client before the start of the work. Billing is based on actual effort. After expiry of the standard support, the rates are based on the Contractor’s then applicable hourly rates.

Clarification: The basic support services mentioned in paragraph (4) – in particular corrections, minor text and content adjustments as well as the correction of errors within the scope of the warranty – remain included free of charge in the standard support. The above hourly rates pursuant to paragraph (5a) apply exclusively to extensions going beyond that, namely the integration of new sections and the development of new features.

(6) The standard support expires prematurely if the client ends the cooperation, breaches material contractual obligations or transfers the project to a third party without the prior written consent of the Contractor.

(7) After expiry of the 24-month standard support, the client may continue the support against payment if desired. The ongoing support is offered at a price of 199 € per month (gross, incl. statutory VAT) and has a fixed term of 24 months. The scope of services corresponds to that of the standard support pursuant to paragraph (4); further services pursuant to paragraph (5) remain unaffected by this.

(8) For in-person on-site appointments at the client, the flat travel fees pursuant to § 2 Absatz (2) apply accordingly both during the standard support pursuant to paragraph (4) and after its expiry – including any chargeable continuation pursuant to paragraph (7) – (up to 150 km 69,00 € gross, over 150 km up to 300 km 119,00 € gross, over 300 km 179,00 € gross). They are charged per on-site appointment in addition to any effort-based remuneration (e.g. pursuant to paragraph 5 or 5a). The one-way distance pursuant to § 2 is decisive.

§ 15 Hosting and Domains

(1) Unless expressly agreed, hosting and domain services are not included in the scope of services.

(2) If the Contractor takes over the organisation of hosting and domains, this is done in the name and for the account of the client.

(3) The client remains the contractual partner of the hosting provider and is responsible for compliance with the contractual conditions as well as payment of the hosting fees.

§ 16 Assignment

The following applies to entrepreneurs: The client is not entitled to assign claims arising from this contract to third parties without the prior written consent of the Contractor.

§ 17 Severability Clause

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The statutory regulation takes the place of the invalid provision.

§ 18 Amendments to the GTC

The Contractor reserves the right to amend these GTC with effect for the future. Existing contracts remain unaffected by this. The client will be informed of changes in good time.

§ 19 Place of Jurisdiction and Applicable Law

(1) German law applies exclusively to all disputes arising from this contractual relationship, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law is the registered office of the Contractor (Pocking, Germany). For consumers, the statutory places of jurisdiction apply.