§ 1 Scope
These General Terms and Conditions apply to all contracts for web design, publishing, and maintenance services between Dr. Jonas Heimicke (hereinafter "Provider") and commercial clients (hereinafter "Client"). The services are aimed exclusively at entrepreneurs within the meaning of Sec. 14 of the German Civil Code (BGB).
Any terms and conditions of the Client that deviate from, conflict with, or supplement these Terms shall only become part of the contract if the Provider has expressly agreed to their applicability in writing.
§ 2 Conclusion of Contract and Scope of Services
The contract is concluded when the Client accepts an individual quote, e.g. by email confirmation. The specific scope of services (number of pages, functions, design, deadlines) is defined in the respective quote or project briefing.
Depending on the agreement, the range of services may include: conception and design of a website, technical implementation, support with publishing (domain, hosting, going live), and ongoing maintenance and incorporation of minor content changes within a separately agreed maintenance scope.
The Provider is entitled to use supporting AI tools during implementation (see § 4). This does not change the contractually agreed description of services.
§ 3 Client's Duties to Cooperate, Content Provided
The Client shall provide the content required for implementation (texts, images, logos, access credentials, and the like) in good time. Where the Client provides its own image or text material, it warrants that it holds the necessary usage and copyright rights to that material and shall indemnify the Provider against third-party claims arising from a breach of this warranty.
If the provision of necessary content or feedback by the Client is delayed, agreed deadlines shall be postponed accordingly.
§ 4 Use of AI-Assisted Tools
In providing its services, the Provider uses AI-assisted tools in a supporting capacity, for example to revise text, to create illustrations and graphic elements, and in creating and optimizing code. Creative and design conception remains with the Provider; AI tools are used as an aid, not as the sole source of content.
Should AI-generated image content depicting real persons or appearing deceptively realistic be used in an individual case, deviating from the regular scope of services, the Provider will notify the Client of this separately. In this case, it will be agreed in writing before publication which party is responsible for labeling the content as AI-generated within the meaning of the applicable statutory requirements (in particular Art. 50 of the EU AI Act).
Since purely AI-generated content without a sufficient own human creative contribution is regularly not eligible for copyright protection under German law, the Provider does not transfer any exclusive usage rights in this respect, but grants the Client an unrestricted right of use pursuant to § 5 and does not itself assert any claims to such content.
§ 5 Usage Rights
Upon full payment of the agreed fee, the Client receives a simple, temporally and geographically unrestricted right of use to the content created within the project (design, layout, individually created texts, illustrations, code), insofar as this content is eligible for copyright protection and nothing to the contrary has been agreed.
The Provider is entitled to name the completed project for reference and acquisition purposes (e.g. portfolio, design examples) and to display it in non-confidential excerpts, unless the Client expressly objects.
Components licensed from third-party providers (e.g. fonts, stock material, frameworks) are subject to the respective third-party provider's license terms.
§ 6 Fees and Payment Terms
The fee agreed in the respective quote applies. Unless otherwise agreed, invoices are due for payment in full within 14 days of the invoice date.
For ongoing maintenance and hosting services, the respectively agreed monthly or annual flat fee applies; it is automatically extended by the agreed term unless terminated in due time (see § 10).
In the event of default of payment, the Provider is entitled to suspend the provision of further services until outstanding amounts have been settled.
§ 7 Maintenance and Support Services
If a maintenance agreement has been concluded, it covers the services specified in the quote, such as minor content adjustments, technical updates, and maintaining the hosting. More extensive changes (e.g. new functions, structural redesigns) are quoted and billed separately.
§ 8 Warranty
The Provider renders its services in accordance with the current state of the art and with the care customary in web design. In the event of justified complaints of defects, the Provider shall first be given the opportunity to remedy the defect within a reasonable period.
The warranty does not cover content that the Client has provided itself or independently modified after handover, nor malfunctions caused by third-party interference or by hosting environments that deviate from the Provider's recommendation.
§ 9 Liability
The Provider is liable without limitation for damages resulting from injury to life, body, or health, and in cases of intent or gross negligence.
For breaches of duty caused by ordinary negligence, the Provider is only liable insofar as a material contractual obligation (cardinal obligation) is affected, the fulfillment of which is essential to the proper performance of the contract in the first place and on whose observance the Client was entitled to rely; in such cases, liability is limited to the foreseeable damage typical for this type of contract.
Any further liability is excluded. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
§ 10 Contract Term and Termination
One-time project services (e.g. creation of a website) end upon acceptance or handover of the finished project. Ongoing maintenance and hosting contracts may be terminated by either party with 4 weeks' notice to the end of the agreed term, unless otherwise agreed in the quote.
The right to extraordinary termination for good cause remains unaffected.
§ 11 Consumer Dispute Resolution
The Provider is not willing and not obligated to participate in dispute resolution proceedings before a consumer arbitration board.
§ 12 Final Provisions
The law of the Federal Republic of Germany applies. To the extent legally permissible, the place of jurisdiction for all disputes arising from or in connection with this contract is the Provider's place of business.
Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.