Unfortunately it has to be, hence a bit of legal stuff here.
§ 1 Introduction
§ 1.1 The following general terms and conditions are the basis for all business transactions with Creative Skyline and the associated sub-area “s.n.designs” (hereinafter summarized and referred to as Creative Skyline). Sales, delivery and performance take place only under these conditions. Deviations will only become part of the contract if they have been expressly agreed in writing beforehand.
§ 2 General
§ 2.1 Retention of title / rights of use
§ 2.1.1 Creative Skyline may use all created or supervising projects / graphics / photographs of the customer for its own purposes, e.g. in the context of references, customer acquisition, etc. to the full extent. § 2.1.2 The right of use is only transferred to the client once the remuneration has been paid in full.
§ 2.2 Obligations and Liability
§ 2.2.1 The obligations of Creative Skyline arise primarily from the specification of services, the submitted offers or signed orders between Creative Skyline and the client. § 2.2.2 As far as Creative Skyline provides free services, these can be discontinued at any time. This does not result in a reduction, reimbursement or claim for damages. Even lost data cannot be restored or output.
§ 2.3 Customer-specific / individual offers
§ 2.3.1 Creative Skyline offers are subject to change and non-binding. § 2.3.2 In the case of customer-specific / individual offers, the offer must be accepted within a reasonable period of time after the offer has been sent. If accepted later than one month after being sent, the offer loses its validity and agreed execution times can be extended. The offer can be refreshed and adjusted if necessary after consultation. § 2.3.3 Side agreements are only effective if they are confirmed in writing.
§ 2.4 Conclusion of contract / realization of the order
§ 2.4.1 When using the online ordering process, the contract is concluded when the customer sends the order. § 2.4.2 In the case of customer-specific / individual orders, the client receives a written offer / contract from Creative Skyline after consultation. The order confirmation can be given orally or in writing by the client, whereby the contract is concluded.
§ 2.5 Terms of payment / prices
§ 2.5.1 Invoices from Creative Skyline are to be paid by the customer no later than 14 days after the invoice date without any deductions. § 2.5.2 If, despite a reminder, the customer does not meet his payment obligation within a further grace period of 10 days, Creative Skyline is entitled to terminate the contract without notice. § 2.5.3 In the event of default in payment, Creative Skyline is entitled to assert the claims for default damages to which the customer is legally entitled. The amount in arrears bears interest at the statutory default interest rate (§ 288 BGB) for the period of default. § 2.5.4 The customer has to Creative Skyline the additional costs incurred due to his culpable behavior for payment processes, e.g. B. to reimburse return debits for credit card payments or electronic direct debit. § 2.5.5 The customer will be informed in good time if the costs increase before the order is executed. If a price increase occurs, the customer is entitled to withdraw from his order with Creative Skyline. § 2.5.6 If payment of an invoice by direct debit has been agreed with the customer and bills, regardless of whether they are different or the same, cannot be successfully collected twice in a row, the customer is excluded from payment by direct debit. His payments can then only be made by bank transfer. In addition, the customer has to reimburse Creative Skyline for all costs caused by the return debits. Furthermore, Creative Skyline reserves the right in this case to demand all payments due up to the point in time of the extension of the contract (s) of the customer immediately and with a sum. Creative Skyline reserves the right to withhold its services in full until all outstanding claims of the customer have been settled in full.
§ 2.6 Contract duration / termination
§ 2.6.1 Creative Skyline is not obliged to inform the customer again of the end of the contract before the end of the notice period. § 2.6.2 Creative Skyline does not save any data after cancellation or deactivation. § 2.6.3 For the termination of the contract the text form according to § 126b BGB is to be kept. We ask that you state the name of the customer, the email address and the contract that is to be terminated in the termination. We recommend canceling via the customer area. This ensures problem-free assignment and the fastest possible processing of the termination. If the customer cancels a domain, he should indicate in the termination whether the domain should be transferred to another provider, deleted immediately or expire at the end of the contract.
§ 3 Web design & development & search engine optimization
§ 3.1 Retention of title / rights of use (applies in addition to § 2.1)
§ 3.1.1 Creative Skyline has the right to indicate its involvement in the creation of the website, in particular by means of a reference with a link to its own website. Removal of the author’s designation is to be paid for in addition. § 3.1.2 The removal of the author’s designation must be submitted in text form to Creative Skyline. § 3.1.3 Changes and processing of the content of the website, in particular updates of texts, images, graphics and tables, may be made by the customer or third parties commissioned by him without the consent of Creative Skyline. Technical changes, with ongoing support from Creative Skyline, require written approval. § 3.1.4 Other uses, in particular the reproduction or distribution of the website or parts thereof (with the exception of the works provided by the customer himself) in printed form or on other websites that are not designed or maintained by Creative Skyline require the prior written consent of Creative Skyline and are to be paid additionally.
§ 3.2 Obligations and liability (applies in addition to § 2.2)
§ 3.2.1 The customer is obliged to check the material made available for the content of the website, in particular images, for any existing copyrights and copyright rights and to obtain any necessary permissions for their use. Any claims due to copyright infringements are fully borne by the customer. This does not apply to images and scripts that Creative Skyline procures. The customer bears sole responsibility for any text content or other publications. The customer exempts Creative Skyline from all claims that third parties may make against them because of behavior for which the customer is responsible or liable according to the contract. The customer bears the costs of any legal prosecution. § 3.2.2 Creative Skyline is obliged to provide the customer with error-free work when creating a new website. Creative Skyline assumes no liability for errors that are contested later than 24 hours after the website has been accepted and the access data has been sent. The remedying of these errors is additionally paid. § 3.2.3 With regard to search engine optimization, Creative Skyline assumes no liability for the ranking in the search engines. Claims from the customer are excluded.
§ 3.3 Maintenance / corrections
§ 3.3.1 If the customer concludes a maintenance contract with Creative Skyline, Creative Skyline is responsible for checking and updating the customer’s pages in the appropriate time periods and for reporting any malfunctions. During the term of the contract, the customer is responsible for ensuring that no changes are made by third parties to the pages listed in the maintenance contract. § 3.3.2 If no maintenance contract has been concluded or the maintenance contract does not include technician hours, the current hourly rate of Creative Skyline applies to processing. § 3.3.3 Corrections and changes in the creation of a website, as long as they do not exceed 10% of the pure development costs, are included in the flat-rate offer prices. If this is exceeded, Creative Skyline is entitled to invoice the additional costs incurred according to the current hourly rate, even without explicit notice. Requests for changes must be made in writing. No liability can be assumed for changes made verbally or by telephone. After termination of the contractual relationship through receipt of payment and handover of the pages to the customer, Creative Skyline does not assume any guarantee / liability for errors that arise through interventions by the customer or through the influence of third parties. § 3.3.4 Telephone support or remote maintenance will be charged at the current hourly rate.
§ 3.4 Terms of payment / prices (applies in addition to § 2.5)
§ 3.4.1 In the case of customer-specific / individual offers, the actual working hours of the offer may differ and must be remunerated in addition. If this should occur after acceptance of the offer, the customer will be informed in advance. § 3.4.2 If the customer is in arrears with a payment, Creative Skyline is entitled to make use of its statutory right of retention in § 273 BGB and to retain websites / design. § 3.4.3 Creative Skyline reserves the right to demand an advance payment of 50% (amount of compensation in the event of withdrawal from the contract) of the total amount. § 3.4.4 Unless otherwise agreed, follow-up orders, updates, renewals or extensions to websites, as well as advice and support on an hourly fee basis, will be billed every 15 minutes. § 3.4.5 If an order lasts for a longer period of time, from one month, or if it requires high financial advance payments from Creative Skyline, the remuneration for the services is deducted at the end of each month.
§ 3.5 Contract duration / termination (applies in addition to § 2.6)
§ 3.5.1 Contracts for web design, web development and website analysis are not tied to any term. This is primarily a one-time execution. § 3.5.2 The term of the contract for search engine optimization is 3 months, unless otherwise agreed in writing. If a current contract is not terminated within the notice period of one month to the end of the contract, it will automatically continue to run for 3 months. § 3.5.3 Unless otherwise agreed in writing, our maintenance contracts have a term of 12 months. If an ongoing contract is not terminated within the notice period of three months to the end of the contract, it will automatically continue to run for 12 months.
§ 3.6 Acceptance / withdrawal from the contract
§ 3.6.1 If the customer withdraws from the contract / accepted offer or if the customer does not accept the completed website, he is in default of acceptance. In the event of default in acceptance, Creative Skyline is entitled to insist on the fulfillment of the contract / offer or to claim compensation for non-fulfillment as an alternative. As compensation for damages, Creative Skyline can claim 50% of the purchase price on which the order is based from the customer.
§ 4 Partial Invalidity
§ 4.1 If these conditions contain an ineffective regulation, all the others apply nonetheless. The ineffective regulation is to be replaced by an effective one that comes closest to the economic purpose of the formulation in question.
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