General Terms and Conditions (GTC)
These General Terms and Conditions (hereinafter "GTC") apply to all contracts between [Your Name/Your Company] (hereinafter "Provider") and the customer (hereinafter "Customer") regarding the creation of websites as well as the provision of web hosting, domain, and email services.
1. General Provisions
The contractual partner is [Your Name/Your Company], [Your Address], [Your Contact Details]. The contract is concluded through offer and acceptance. The Provider's offer is made in text form. Acceptance is made by confirmation of the Customer in text form or by payment of the agreed remuneration.
2. Service Description
The Provider creates a website for the Customer according to the agreed specifications and provides web space on a server where the created website is hosted. As part of the hosting, the Customer receives storage space according to the offer, access to the Keyhelp portal for managing the web space, as well as the technical infrastructure for operating the website. The Provider takes over the registration of the desired domain on behalf of the Customer and provides email services according to the offer. Support is offered via email and through a dedicated support page.
3. Prices and Payment Terms
The remuneration consists of a one-time payment for the creation of the website and an annually recurring payment for hosting, domain, and email services. Payment is made by bank transfer to the Provider's account specified in the invoice and is due without deduction within 14 days of invoicing. In case of payment default, the Provider is entitled to temporarily suspend the agreed services after prior reminder.
4. Contract Duration and Termination
The contract for hosting, domain, and email services is concluded for a period of one year and is automatically extended by one more year if it is not terminated in due time. The notice period is one month to the end of the respective contract term. Termination must be made in text form via email. The right to extraordinary termination for good cause remains unaffected.
5. Domain Registration
The Provider carries out the registration of the domain on behalf of the Customer. According to the Customer's wish, the Customer can be registered as the domain owner or the Provider takes over the ownership in a fiduciary capacity. The Customer indemnifies the Provider against all claims that third parties may assert in relation to the registered domain.
6. Data Backup
The Customer is responsible for the regular backup of their data (website content and emails). Although the Provider performs server-side backups, it does not guarantee their completeness or recoverability. The Provider assumes no liability for data losses that occur due to missing backups, unless the loss was caused intentionally or through gross negligence by the Provider.
7. Copyrights and Usage Rights
The copyrights to the created websites remain with the Provider. The Customer receives a simple, temporally unlimited right of use to the created website. This includes the right to use the website for the agreed purpose and to make changes. The Customer receives the complete file set of the website and can use it freely, but not pass it on to third parties or sell it.
8. Reference Mention
The Provider is entitled, after prior agreement with the Customer, to specify the created website as a reference and to refer to it on its own websites. The Customer can object to the reference mention at any time.
9. Content and Fair Use
The Customer undertakes to publish only content that complies with German and international law. In particular, no content may be published that violates copyright, trademark, personality, or other protected rights or is punishable by law. The Customer undertakes to use the server resources within a reasonable framework (Fair Use). In case of excessive use that affects the operation of the server, the Provider is entitled to take appropriate measures.
10. Liability and Warranty
The Provider's liability for slightly negligent breaches of duty is excluded, unless these concern essential contractual obligations, damages resulting from injury to life, body, or health, or guarantees. The Provider's liability is limited to the foreseeable, typically occurring damage. The Provider guarantees that the created website meets the agreed requirements. Defects must be reported immediately and will be fixed by the Provider. The Provider strives for the greatest possible availability of the services, but cannot guarantee uninterrupted availability.
11. Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from this contract is, as far as legally permissible, the registered office of the Provider. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. Changes to these GTC will be communicated to the Customer in text form. They are deemed approved if the Customer does not object within one month after receipt of the amendment notification.
- The Customer indemnifies the Provider against all claims by third parties that arise due to the content published by the Customer.
- A transfer of the rights and obligations from this contract by the Customer to third parties requires the prior written consent of the Provider.
- There are no verbal side agreements. Changes and additions to the contract must be made in text form.
Stand: [April 2025]