§ 1 Scope
All services provided by vorzeigbar Studio (hereinafter "vorzeigbar") are governed exclusively by the following general terms and conditions in the version valid at the time the contract is concluded.
Deviating, conflicting or supplementary terms of the client only become part of the contract if and to the extent that vorzeigbar has expressly agreed to their validity in writing.
§ 2 Subject of the contract
vorzeigbar provides consulting, concept, design, software and hosting services for digital brand presences and web applications.
The specific scope of services is set out in the respective offer or order.
§ 3 Conclusion of contract
Offers from vorzeigbar are non-binding. A contract is only concluded by written order confirmation or when work on the services begins.
Verbal side agreements require written confirmation by vorzeigbar.
§ 4 Duty to cooperate
The client provides vorzeigbar with all information, materials, access and approvals required to deliver the services, in good time and in a suitable form.
Delays caused by missing or late cooperation are not vorzeigbar's responsibility.
§ 5 Fees & payment terms
Fees are based on the respective offer. Unless agreed otherwise, project packages are paid in two instalments: 50% at project start, 50% at launch.
For retainer agreements, the monthly flat fee is due at the start of each month. Notice period: 3 months to the end of a month.
Invoices are payable without deduction within 14 days of receipt. In the event of late payment, statutory default interest applies.
§ 6 Rights of use
Once the fee has been paid in full, vorzeigbar grants the client the rights of use to the created works required for the agreed purpose: non-exclusive, unlimited in time and territory.
vorzeigbar remains entitled to use the work created under the contract for its own promotion (portfolio, case study, social media), unless expressly agreed otherwise.
Source code is handed over at launch in a private Git repository of the client. There is no lock-in.
§ 7 Performance guarantee
vorzeigbar undertakes to achieve the performance targets agreed in writing at project start (LCP, Lighthouse score) by the launch date.
If these targets are not met at launch, vorzeigbar continues working at no extra cost until the agreed values are reached.
This guarantee does not apply to content, scripts or third-party integrations added later by the client that impair the agreed values.
§ 8 Warranty & liability
vorzeigbar is liable under statutory provisions for intent and gross negligence.
For slight negligence, vorzeigbar is only liable for breaches of essential contractual obligations, limited to the foreseeable damage typical for the contract.
Liability for lost profit, indirect damage and consequential damage is excluded.
§ 9 Confidentiality
Both parties undertake to keep secret all information of the other party that is marked as confidential or is recognisably confidential, and to use it only for the agreed purposes.
This obligation continues for three years after the end of the contract.
§ 10 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Place of performance and jurisdiction is Cologne, provided the client is a merchant, a legal entity under public law or a special fund under public law.
Should any provision of these terms be or become invalid, the validity of the remaining provisions remains unaffected.