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General Terms and Conditions

for web development and digital services

Last updated: 29.01.2026

§ 1 Scope of Application

  1. These General Terms and Conditions (GTC) apply to all contracts between DEN Digital, Damian Miela, Im Flürchen 1, 54533 Laufeld, Germany (hereinafter referred to as "Contractor") and the client (hereinafter referred to as "Client") regarding web development, web design, e-commerce solutions, and related digital services.
  2. Deviating, conflicting, or supplementary general terms and conditions of the Client shall only become part of the contract if and insofar as the Contractor has expressly agreed to their validity in writing.
  3. These GTC shall also apply to all future business relationships, even if they are not expressly agreed upon again.

§ 2 Services

  1. The Contractor provides services in the areas of web development, web design, e-commerce development, and related digital services.
  2. The exact scope of services results from the respective offer or order confirmation of the Contractor.
  3. Changes to the scope of services require a written agreement.

§ 3 Offers and Contract Formation

  1. Offers by the Contractor are non-binding and subject to change, unless they are expressly marked as binding.
  2. The contract is concluded through order confirmation by the Contractor or by commencement of service provision.
  3. Oral side agreements require written confirmation to be effective.

§ 4 Prices and Payment Terms

  1. All prices are stated in euros plus the applicable statutory value-added tax.
  2. Unless otherwise agreed, 50% of the agreed price is due upon order placement and 50% upon completion.
  3. Invoices are payable within 14 days of invoice date without deduction.
  4. In case of default in payment, the Contractor is entitled to charge default interest at a rate of 9 percentage points above the respective base rate.

§ 5 Delivery and Deadlines

  1. Delivery dates and deadlines are only binding if they have been expressly agreed in writing as binding.
  2. Delays caused by circumstances for which the Client is responsible shall lead to an appropriate extension of deadlines.
  3. In case of force majeure or other circumstances beyond the Contractor's control, agreed deadlines shall be extended accordingly.

§ 6 Client's Cooperation Obligations

  1. The Client shall provide the Contractor with all information, materials, and access necessary for the execution of the order in a timely manner.
  2. The Client shall designate a contact person who is authorized to make decisions and grant approvals.
  3. Delays caused by late or incomplete deliveries by the Client shall not be the responsibility of the Contractor.

§ 7 Warranty

  1. The Contractor warrants that the services provided are in accordance with the contract at the time of acceptance.
  2. The warranty period is 12 months from acceptance.
  3. Defects must be reported in writing immediately, but no later than 14 days after discovery.
  4. The Contractor is entitled to remedy defects at its discretion by repair or replacement.

§ 8 Liability

  1. The Contractor is liable without limitation for damages arising from injury to life, body, or health, as well as for damages caused intentionally or through gross negligence.
  2. For damages caused by slight negligence, the Contractor is only liable in case of breach of essential contractual obligations (cardinal obligations). Liability is limited in amount to the foreseeable damage typical for the contract.
  3. Liability for indirect damages, in particular lost profits, is excluded to the extent permitted by law.
  4. The above limitations of liability also apply to the personal liability of employees and vicarious agents of the Contractor.

§ 9 Rights of Use and Copyright

  1. Upon full payment, the Client receives a simple, non-transferable right to use the created works for the agreed purpose.
  2. Extended or exclusive rights of use require a separate written agreement.
  3. The Contractor is entitled to use the created works in its portfolio for reference purposes, unless the Client objects in writing.
  4. Until full payment, all rights remain with the Contractor.

§ 10 Confidentiality

  1. Both parties undertake to keep confidential all confidential information obtained during the course of cooperation.
  2. This obligation shall continue after the termination of the contractual relationship.
  3. Excluded is information that is publicly known or becomes publicly known without fault of either party.

§ 11 Termination

  1. Contracts for work may be terminated by the Client at any time. In this case, the Contractor is entitled to remuneration for services provided up to the termination as well as compensation for reliance damages.
  2. The right to extraordinary termination for good cause remains unaffected.
  3. Termination must be in writing.

§ 12 Final Provisions

  1. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. The place of jurisdiction for all disputes is, to the extent permitted by law, the Contractor's place of business.
  3. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace invalid provisions with those that come closest to the economic purpose of the invalid provision.
  4. Amendments and additions to these GTC must be made in writing.