Terms

(1) These terms and conditions apply to all contracts between GPARD IT, Philip Gebhardt, Alsterdorfer Str. 573, 22335 Hamburg (the “contractor”) and its clients (each a “client”).

(2) These terms apply both to businesses (section 14 of the German Civil Code) and to consumers (section 13 of the German Civil Code), unless a distinction is expressly made.

(3) Any terms of the client that deviate from these terms do not apply.

(1) The contractor provides services in the following areas:

• Web design and web development
• E-commerce solutions
• SEO and performance optimisation
• Automation of digital workflows
• Corporate design and print design
• Strategic online consulting
• Maintenance and support services

(2) The specific scope of services is set out in the individual proposal.

(3) The contractor is not obliged to achieve any particular commercial result (for example increased revenue, ranking positions or reach).

(1) Hosting and domain services are handled through external providers. In this respect the contractor acts solely as an intermediary.

(2) Photo and video productions are carried out by external partner companies. Unless expressly agreed otherwise, the contract for these services is concluded directly between the client and the partner.

(3) The contractor accepts no liability for the services, contractual terms or outages of third-party providers.

(1) The client provides all content, access credentials and materials in good time.

(2) The client warrants that they are entitled to use all content provided.

(3) Delays caused by a lack of cooperation extend agreed deadlines accordingly.

(1) 50% of the agreed fee is payable as a deposit when the contract is concluded.

(2) The remaining 50% is payable on completion and invoicing.

(3) Invoices are payable within 14 days without deduction.

(4) All prices are exclusive of statutory VAT.

(5) In the event of late payment, the contractor is entitled to suspend services.

(1) Work is deemed accepted if the client does not report material defects in text form within 7 days of delivery.

(2) Minor defects do not entitle the client to refuse acceptance.

(1) Rights of use in the works created pass to the client only after payment in full.

(2) Until payment has been made in full, all rights remain with the contractor.

(3) Unless agreed otherwise, a non-exclusive, non-transferable right of use is granted.

(1) Support and maintenance services are provided on the basis of a separate contract.

(2) The base package covers setting up hosting with an external provider (clause 3) for a monthly base fee. It is included in every support package. If the client books only the base package, they receive their own login and maintain the content of their website themselves.

(3) In addition, the contractor offers the support packages Care Basic, Care Business and Care Premium. Each package includes a monthly allowance of support time (Care Basic 30 minutes, Care Business 60 minutes, Care Premium 90 minutes) and the services listed in the package description. The package description in the proposal is authoritative.

(4) The response time is under 72 hours for Care Basic, under 48 hours for Care Business and under 24 hours for Care Premium. It means the time until the contractor first responds to a request, not the time until the request has been dealt with.

(5) Unless agreed otherwise, the minimum term is 12 months.

(6) Notice of termination must be given at least 1 month before the end of the term.

(7) Services outside the agreed package scope, in particular support beyond the monthly allowance, are charged separately.

(1) The contractor is liable without limitation for intent and gross negligence.

(2) In the case of ordinary negligence, the contractor is liable only for breaches of material contractual obligations.

(3) Liability is limited to the foreseeable damage typical of this type of contract.

(4) The contractor is liable for loss of data only to the extent that the client has carried out regular backups.

(5) No guarantee is given for SEO results, ranking positions or commercial success.

(1) Consumers have a statutory right of withdrawal for distance contracts. The following information on the right of withdrawal applies.

In brief: you can withdraw from the contract within 14 days of its conclusion without giving reasons. To do so, you must inform us of your decision by a clear statement, for example by letter or email; you may use the model form below, but you don’t have to. Sending your statement before the 14 days are up is sufficient. If you withdraw, we refund all payments received from you without undue delay, at the latest 14 days after your notice reaches us. If you asked for the services to begin during the withdrawal period, you pay us a proportionate amount for the services provided until you tell us you are withdrawing. The legally binding German wording of the withdrawal information and of the model form follows.

(2) For a contract for services, the right of withdrawal expires once the contractor has provided the service in full, provided that the contractor only began performance after the consumer had expressly agreed to this and at the same time confirmed being aware that the right of withdrawal is lost once the contractor has fully performed the contract.

(1) German law applies.

(2) If the client is a merchant, the place of jurisdiction is Hamburg.

(3) If any provision is invalid, the validity of the remaining provisions is unaffected.