Our Terms and Conditions
1.1 These General Terms and Conditions (GTC) shall apply to all contracts concluded between Webwerkstatt Stauß GmbH & Co. KG (hereinafter referred to as “Webwerkstatt Stauß”) and the customer.
1.2 Webwerkstatt Stauß offers the customer, among other things, services in the area of website and software creation or development (including maintenance and care). The specific scope of services is the subject of individual agreements between Webwerkstatt Stauß and the customer.
1.3 Webwerkstatt Stauß does not conclude contracts with consumers or private individuals.
1.4 Webwerkstatt Stauß shall be entitled to subcontract the required services in its own name and on its own account to subcontractors, who in turn may also use subcontractors. In this regard, Webwerkstatt Stauß shall remain the sole contractual partner of the customer. Subcontractors shall not be used if it is evident to Webwerkstatt Stauß that their use is contrary to the legitimate interests of the customer.
1.5 The contracting parties undertake to name a contact person in each case who will accompany the respective order and who is authorized to issue legally binding declarations of intent.
1.6 Any general terms and conditions of business used by the customer that deviate from these terms and conditions shall be recognized by
Stauß Webwerkstatt – subject to express consent – shall not recognize any terms and conditions that deviate from these terms and conditions.
2 Obligations of the customer to cooperate
2.1 If the customer provides Webwerkstatt Stauß with texts, images or other content, the customer shall ensure that this content does not violate the rights of third parties (e.g. copyrights) or other legal norms. In this context, it is pointed out that Webwerkstatt Stauß is not entitled by law to provide legal advice to the customer. In particular, Webwerkstatt Stauß is not obligated and legally not in a position to examine the customer’s business model and/or the works (layouts, graphics, texts, etc.) created or acquired by the customer for their compatibility with applicable law. In particular, Webwerkstatt Stauß shall not conduct any trademark searches or other property right collision checks with regard to the works provided by the customer. Insofar as the customer issues specific instructions with regard to the work to be produced, he shall be liable for this himself.
2.2 The customer is obligated to provide complete and correct information, data, works (e.g. the data for the imprint, graphics, etc.) and accesses provided by him for the purpose of fulfilling the order. Furthermore, he shall ensure that the instructions given by him are in compliance with the applicable law.
2.3 Subject to deviating individual agreements, the customer shall be responsible for procuring the material for the design of the web pages (e.g. graphics, videos) himself and shall provide them to Webwerkstatt Stauß in due time. If the customer does not provide these and does not make any further specifications, Webwerkstatt Stauß may, at its own discretion, use image material of common providers (e.g. stock photo service providers) or provide the corresponding parts of the website with a placeholder, taking into account the copyright labeling requirements.
2.4 Insofar as the conclusion of an order processing contract is required for individual order components in accordance with Art. 28 DSGVO, both contracting parties undertake to conclude such a contract before the start of the service provision.
2.5 Webwerkstatt Stauß shall not be liable to the customer in any respect for delays and delays in the implementation of projects caused by late (necessary) cooperation or additional work by the customer.
2.6 If the customer does not comply with his obligations under this section, Webwerkstatt Stauß may charge the customer for any additional expenses incurred as a result (e.g. costs for stock photos and time spent searching for them).
3. Website creation
3.1 Unless otherwise agreed individually, website creation shall be based on agile methods. SEO optimization shall only be owed if it has been expressly agreed.
3.2 The subject matter of website creation contracts between Webwerkstatt Stauß and the customer shall generally be the development of new websites or the expansion of existing websites (e.g. integration of new interfaces or programming of new online applications) in compliance with the customer’s technical and/or design specifications. Website creation contracts concluded between the parties are contracts for work and services within the meaning of §§ 631 ff. BGB.
3.3 Unless otherwise agreed, the websites / stores created are optimized for all common browsers in their most current versions (in each case the last two versions of the browser). Optimization for mobile devices is only owed if this has been expressly agreed.
3.4 The services agreed upon in detail result from the individual contract concluded between Webwerkstatt Stauß and the customer. For this purpose, the customer shall first submit an inquiry to Webwerkstatt Stauß with a description of the website content desired by him that is as precise as possible (creative content such as images, layouts, logos, etc. shall be specified and provided by the customer). This request represents an invitation to submit an offer by Webwerkstatt Stauß. Webwerkstatt Stauß will check the customer’s ideas described in the request to the best of its knowledge and belief for completeness, suitability, unambiguity, feasibility and freedom from contradiction and will prepare an offer based on the wishes arising from the customer’s request. A contract between Webwerkstatt Stauß and the customer shall only be concluded upon acceptance of the offer by the customer.
3.5 The examination or procurement of rights, the procurement of tools (e.g. statistics) or certificates (e.g. SSL / TLS) or the provision of development, application or other documentation shall only be provided by Webwerkstatt Stauß if this is expressly agreed in an individual contract.
3.6 The customer may access the development site at any time and introduce customer requests, insofar as these are covered by the originally agreed scope of services. Such adjustments shall become
part of the original contract if both contracting parties agree in text form (i.e. e.g. by e-mail,
fax or similar). Apart from that, Webwerkstatt Stauß is only obliged to produce the functions/items listed in the contract or to provide the agreed service (e.g. maintenance). Any additional services must be agreed upon and remunerated separately.
3.7 The offer of Webwerkstatt Stauß usually contains a “sample page” or an “online design proposal”, the format and contents of which are selected by Webwerkstatt Stauß at its own discretion; there is no claim to specific design elements or functions. If an agreement on the basis of the “sample page” or the “online design proposal” is not possible, no contract shall be concluded; in this case, the potential customer shall have no claim to the surrender of the “sample page” or the “online design proposal” or the associated source codes, copies or the like. Copies remaining with the customer are to be deleted or handed over to Webwerkstatt Stauß.
3.8 As soon as the website has been completed, Webwerkstatt Stauß shall request the customer to accept the website.
3.9 A prerequisite for the activities of Webwerkstatt Stauß is that the customer provides Webwerkstatt Stauß with all data required for the implementation of the project (texts, templates, graphics, etc.) in a complete and suitable form before the start of the order. If the customer does not comply with this obligation, Webwerkstatt Stauß may charge the customer for the time spent as a result.
3.10 After completion and acceptance of the website and/or individual parts thereof, the customer shall receive from Webwerkstatt Stauß – if available and agreed upon in the individual contract – immediately by e-mail all graphics, source codes, if applicable documentation and/or manuals of used (third party) modules as well as development documentation, if applicable.
3.11 The remuneration for the website creation is subject to an individual contractual agreement between the parties. In all other respects, the statutory provisions shall apply.
3.12 If the customer does not use hosting services from Webwerkstatt Stauß for the new website, but from third party providers, Webwerkstatt Stauß shall not assume any responsibility for the respective servers and their configuration, the data lines and/or the accessibility of the website.
4. Special provisions for the maintenance of websites
4.1 After completion of the website and/or individual parts thereof, Webwerkstatt Stauß may offer the customer maintenance and support services with regard to the website. Webwerkstatt Stauß may also offer maintenance of third-party websites. However, Webwerkstatt Stauß is not obligated to make such an offer, nor is the customer obligated to make use of the further service offers of Webwerkstatt Stauß. Corresponding agreements are exclusively subject to individual arrangements.
4.2 The content of the maintenance contracts is the elimination of malfunctions as well as the occasion-related updating of the website for common web browsers in their respective current version. Further details, such as regular maintenance, may be agreed upon in individual contracts.
4.3 The prerequisite for maintenance is that the content to be maintained is compatible with the systems of Webwerkstatt Stauß. Compatibility may be impaired in particular by outdated components of the content to be maintained or by unauthorized changes on the part of the customer. If compatibility is not guaranteed, the customer must establish it independently (e.g. by means of appropriate updates) or commission Webwerkstatt Stauß separately to establish compatibility.
4.4 Webwerkstatt Stauß shall not be liable for malfunctions and incompatibilities caused by unauthorized changes made by the customer or based on other errors that are not the responsibility of Webwerkstatt Stauß; the provisions under “Liability and indemnification” shall remain unaffected.
5 Web hosting and domain registration
5.1 Webwerkstatt Stauß also offers hosting and domain registration services to the customer – in particular as an additional option within the scope of website creation. The specific scope of services (domain registration, storage space, certificates, etc.) is subject to individual agreements between the parties. Webwerkstatt Stauß is entitled to use services of third parties in any form in connection with the execution of hosting services.
5.2 Unless otherwise agreed, Webwerkstatt Stauß shall assume the administration and management of the data in the event of an assignment as hoster. In principle, the customer shall not be granted access to the
administration backend of the hosting system.
5.3 The availability of the servers used by Webwerkstatt Stauß for the purpose of hosting is at least 99% on an annual average. Excluded from this are those times during which the servers are not accessible due to events beyond the control of Webwerkstatt Stauß (force majeure, actions of third parties, technical problems, etc.).
5.4 Unless otherwise agreed, the customer has no right to the allocation of a fixed IP address for his Internet presence. Technical or legal changes are possible at any time and remain reserved.
5.5 The customer shall be obligated not to disclose his passwords and other access data to third parties and to change them regularly, provided that such passwords and access data have been made available to him by Webwerkstatt Stauß. The customer himself is responsible for any misuse by third parties, insofar as he is responsible for this.
5.6 The customer is obligated to create regular backup copies of his hosted data. If the customer is not in a position to do so, he shall commission Webwerkstatt Stauß or other professionally suitable third parties with the backup. The customer shall be liable for any loss of data that occurs due to a lack of data backup.
5.7 If the customer makes use of domain registration services of Webwerkstatt Stauß, the following shall apply in addition:
5.7.1 The contractual relationship required for the registration of the respective domain shall be established directly between the customer and the respective domain issuing agency or the respective registrar. Webwerkstatt Stauß shall merely act as an intermediary in the relationship between the customer and the registry without having any influence of its own on the allocation of the domain.
5.7.2 The customer shall bear full responsibility for ensuring that the domain requested by him does not violate any third-party rights. A verification of the domain is not owed.
5.7.3 For the registration of domains, the respective terms and conditions of the individual registries shall apply in addition. Webwerkstatt Stauß shall point out any special features to the customer in the event of an intended registration.
6 SEO marketing and SEA campaigns
6.1 Webwerkstatt Stauß offers the customer, among other things, services in the area of SEO marketing. Within the scope of the provision of services, Webwerkstatt Stauß shall exclusively owe the implementation of measures which, according to Webwerkstatt Stauß’ own experience, can positively influence the search engine ranking or which are expressly ordered by the customer. This is a service in the sense of §§ 611 ff. BGB. A certain result (e.g. sales figures), on the other hand, is only owed within the scope of SEO services if this has been expressly assured. Marketing services may be cancelled by either contracting party with a notice period of one (1) month.
6.2 Furthermore, Webwerkstatt Stauß offers the customer services in the area of SEA campaigns. Within the scope of the provision of services, Webwerkstatt Stauß shall exclusively owe the submission of proposals regarding keywords with advertising effect and, after approval by the customer, the implementation of the measure (placement of advertisements). These are services in the sense of §§ 611 ff. BGB. A certain result (e.g. a certain ranking in the Google hit list) is not owed within the scope of SEA services, unless this has been expressly assured. In addition to the claim to remuneration for the service, Webwerkstatt Stauß has a claim to reimbursement of expenses with regard to the chargeable advertisements against the customer. Webwerkstatt Stauß is not obliged to check the legality of keywords. Webwerkstatt Stauß submits suggestions to the customer regarding the booking of keywords. The legal examination, in particular with regard to the trademark rights of third parties, and the release of the keywords is the responsibility of the customer before the campaign is carried out.
7 Prices and remuneration
7.1 Fees for ongoing services are charged on an hourly basis per 10 minutes or part thereof and are summarized and invoiced in indefinite periods. In the case of a contract for work and services (e.g. website creation), Webwerkstatt Stauß shall be entitled to demand partial payments within the meaning of § 632a BGB (German Civil Code). Deviating individual agreements remain unaffected.
7.2 A cash discount shall not be granted. In all other respects, the statutory provisions shall apply.
7.3 Webwerkstatt Stauß shall be entitled to adjust its own prices on a regular basis to the extent that Webwerkstatt Stauß’ own costs for providing the service increase. Existing customers will be notified of the price adjustment by e-mail at least one month before the change takes effect. If the customer does not object within the time limit set in the notification of the change
the customer’s consent to the change shall be deemed to have been given. The notification of the intended price
The notification of the intended price adjustment shall refer to the deadline and the consequences of the objection or its absence. If the customer does not agree with the price adjustment, he may terminate the subscription extraordinarily at the time the price adjustment comes into effect.
Insofar as a work performance has been agreed upon, Webwerkstatt Stauß may demand that the acceptance be made in writing; the written acceptance shall only be owed if Webwerkstatt Stauß requests the customer to do so. The acceptance provisions of the German Civil Code shall remain unaffected in all other respects. The acceptance period within the meaning of § 640 Para. 2 Sentence 1 of the German Civil Code (BGB) is set at 2 weeks from notification of completion of the work, unless a longer acceptance period is required in individual cases due to special circumstances, which Webwerkstatt Stauß will notify the customer of separately in this case. If the customer does not comment within this period or does not refuse acceptance due to a defect, the work shall be deemed to have been accepted.
9 Warranty for defects
An insignificant defect does not justify any claims for defects. The choice of the type of subsequent performance lies with Webwerkstatt Stauß. The limitation period for defects and other claims shall be one (1) year; this shortening of the limitation period shall not apply to claims resulting from intent, gross negligence or injury to life, limb or health by Webwerkstatt Stauß. The limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects. Otherwise, the statutory warranty for defects remains unaffected.
10. Contract period for continuing obligations
Subject to deviating provisions in and outside these GTC, continuing obligations (e.g. maintenance contracts) shall have a minimum term of 12 months. The period of notice is 3 months. If the contract is not terminated in due time at the end of the term, it shall be automatically extended by a further 12 months. The right to extraordinary termination for good cause shall remain unaffected.
11. Granting of rights, self-promotion and right of mention
11.1 Webwerkstatt Stauß grants the customer – after full payment of the order by the customer – in principle a simple right of use to the corresponding work results and/or the respective source codes at the time of their creation. Further rights can be agreed between the parties by means of an individual contractual agreement.
11.2 Unless otherwise agreed, the customer expressly grants Webwerkstatt Stauß permission to publicly present the project in an appropriate manner for the purpose of self-promotion (references/portfolio). In particular, Webwerkstatt Stauß shall be entitled to advertise the business relationship with the customer and to refer to itself as the originator on all advertising materials created and in all advertising measures, without the customer being entitled to any remuneration for this.
11.3 Furthermore, Webwerkstatt Stauß shall be entitled to place its own name with a link in an appropriate manner in the imprint of the website(s) created by Webwerkstatt Stauß, without the customer being entitled to any claim to remuneration for this.
Webwerkstatt Stauß shall treat as strictly confidential all business transactions of which it becomes aware, in particular, but not exclusively, print documents, layouts, storyboards, numerical material, drawings, tapes, images, videos, DVDs, CD-ROMs, interactive products and such other documents containing films and/or radio plays and/or other copyrighted materials of the customer or companies affiliated with the customer. Webwerkstatt Stauß undertakes to impose this confidentiality obligation on all employees and/or third parties (e.g. suppliers, graphic designers, programmers, film producers, sound studios, etc.) who have access to the aforementioned business transactions. The obligation to maintain secrecy shall apply for an unlimited period of time beyond the duration of this contract.
13 Liability / Indemnification
13.1 The liability of Webwerkstatt Stauß for all damages shall be limited as follows: In the event of a slightly negligent breach of a material contractual obligation (“cardinal obligation”), Webwerkstatt Stauß’s liability shall be limited in each case to the amount of the damage foreseeable at the time of conclusion of the contract and typical for the contract. Cardinal obligations are obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance a party may regularly rely. This limitation of liability shall not apply in the event of gross negligence or intentional acts or in the event of mandatory statutory liability, in particular in the event of the assumption of a guarantee or culpable injury to life, limb or health. The above liability provision shall also apply with regard to the liability of Webwerkstatt Stauß for vicarious agents and legal representatives.
13.2 The customer shall indemnify Webwerkstatt Stauß against any claims of third parties which are asserted against Webwerkstatt Stauß due to violations of these GTC or of applicable law by the customer.
14. Final provisions
14.1 The contracts concluded between Webwerkstatt Stauß and the customers shall be governed by the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
14.2 If the customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the parties agree that the registered office of Webwerkstatt Stauß shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction shall remain unaffected.
Status: January 2022