General Terms and Conditions
Note: This is a courtesy translation of our General Terms and Conditions. The German version is legally binding.
§ 1 Scope of these General Terms and Conditions
These Terms and Conditions apply to all business relationships of aceArt GmbH with customers regarding the development and production of websites, online shops, mobile apps and custom web applications as well as their installation and maintenance. They likewise apply to SEO and IT services. These Terms and Conditions relate exclusively to entrepreneurs, legal entities under public law or special funds under public law.
§ 2 Conclusion of contract
Offers by aceArt GmbH are in principle subject to change and non-binding. Binding offers in written form are valid only for 14 calendar days after receipt. Placement of an order by the customer constitutes a binding contractual offer. Acceptance may take place in writing, in text form or by commencement of work.
§ 3 Scope of services
aceArt GmbH provides services in accordance with the customer’s wishes as agreed in writing. Installation, instruction and training are included only if agreed. The customer is solely responsible for compliance with legal obligations such as the legal-notice requirement under Section 5 TMG and copyright protection. Violations may result in civil and criminal consequences.
§ 4 Prices and payment
All prices are net prices. Statutory VAT is shown separately. A prerequisite is an advance payment of half of the total order value as well as reasonable instalment payments. In the event of default, default interest of 5 percentage points above the base rate becomes due. Claims are to be settled within 14 days of invoicing.
§ 5 Dates, deadlines and impediments to performance
Binding delivery dates require text form. The delivery period is extended by the time during which the customer fails to fulfil required duties to cooperate. If requirements change, the original dates lose their validity.
§ 6 Acceptance
The customer shall inspect services provided by aceArt GmbH without delay after notification of readiness for acceptance. Services are deemed accepted if the customer does not refuse acceptance within a period that allows the customer, applying the required careful inspection, to identify material defects — at the latest, however, after 20 working days.
§ 7 Duty to cooperate
The customer shall provide the necessary data and content in good time and in digital form. Drafts are deemed approved if the customer does not request corrections within the set deadline. The customer shall ensure sufficient resources, competent staff and appropriate IT infrastructure.
§ 8 Rights of use
aceArt GmbH grants the customer a simple or exclusive right of use. This right is acquired upon full payment. Where third-party licensed material is used, such rights can only be transferred for a limited period. The customer may use third-party licensed material only in connection with the website.
§ 9 Copyright notices and reference credits
The customer permits aceArt GmbH to embed and link its logo and legal notice in websites. The customer shall retain all protective notices unchanged. aceArt GmbH reserves the right to use services rendered for presentation purposes and to include the website in a list of references.
§ 10 Warranty
Defective services will be repaired or replaced free of charge within 12 months of delivery or acceptance. The customer must report obvious defects without delay, but at the latest within two weeks of delivery. After setting a reasonable deadline, the customer may withdraw from the contract or demand a price reduction if subsequent performance fails.
§ 11 Liability
aceArt GmbH is liable without limitation for defects of title. It is fully liable for intentional or grossly negligent breaches. For slight negligence, liability is limited to the foreseeable damage typical for the contract. Liability for data loss is limited to the typical cost of recovery.
§ 12 Customer’s duty to back up data
The customer must take appropriate precautions against data loss. Before any new installation or modification of software, the customer must guard against data loss by means of a comprehensive data backup.
§ 13 Data protection and confidentiality
aceArt GmbH stores necessary customer data. Both parties shall treat information marked as confidential confidentially. The customer must protect sensitive data through its own security measures. aceArt GmbH points out that it is not possible to prevent reproductions of works, in particular graphics, of content published online.
§ 14 Termination
For maintenance and support contracts, the customer may give ordinary notice of termination at the earliest 6 months after the start of the contract. The contract is extended by 6 months unless terminated in text form 3 months before the end of the contract. Extraordinary termination for good cause remains possible.
§ 15 Notices
Declarations of intent transmitted by email are effective. Emails must contain the sender’s name, email address, timestamp and reproduction of the name. The customer agrees to unencrypted email communication. Any liability of aceArt GmbH for damage directly or indirectly connected with the choice of security measures is thereby excluded.
§ 16 Place of jurisdiction and choice of law
The exclusive place of jurisdiction for all disputes arising from the contract is Stuttgart, Germany. German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Last updated: 28 January 2021