General Terms and Conditions (GTC)
§ 1 Scope
These General Terms and Conditions (GTC) apply to all contracts between Code-Oase – Alatzas Aristotelis, Wernigerode (hereinafter "Contractor") and its clients (hereinafter "Client") for web development and managed hosting services.
These GTC apply exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). Contracts with consumers within the meaning of § 13 BGB are not concluded.
§ 2 Contract Formation
Offers by the Contractor are non-binding. A contract is only formed upon the Contractor's written order confirmation or upon commencement of service delivery.
§ 3 Scope of Services
The specific scope of services is set out in the respective offer or order confirmation. Services not expressly agreed upon are not part of the contract.
§ 4 Client Cooperation
The Client must provide all information, access credentials, texts, images and other materials required for the project in a timely manner. Delays caused by missing or late cooperation by the Client are not attributable to the Contractor.
§ 5 Fees and Payment
Web development: 50% of the agreed total price is due upon order placement. The remaining 50% is due upon acceptance (§ 6).
Managed hosting: Monthly fees are due in advance on the first of each month.
Invoices are payable within 14 days of the invoice date without deduction.
§ 6 Acceptance (Web Development)
After completion, the Contractor requests acceptance within 14 days. If the Client does not accept or report defects within 14 days, the service is deemed accepted.
§ 7 Revision Rounds
Up to three revision rounds are included in the agreed project price. Additional revisions or scope changes will be charged separately.
§ 8 Intellectual Property
Upon full payment, the Contractor grants the Client a non-exclusive, unlimited licence to use the created works for the agreed purpose.
§ 9 Term and Termination (Managed Hosting)
Hosting contracts run for an indefinite period and may be terminated by either party with one month's notice to the end of a calendar month.
§ 10 Availability (Managed Hosting)
The Contractor aims for 99% annual availability. Response times: up to 8 hours on business days (Mon–Fri, 9am–5pm CET), up to 24 hours on weekends and public holidays. No 24/7 emergency support is guaranteed.
§ 11 Warranty
The Contractor will remedy defects reported in writing within 12 months of acceptance.
§ 12 Liability
The Contractor's liability for slight negligence is limited to breaches of material contractual obligations and capped at the coverage amount of the professional liability insurance policy held. Liability for slight negligence in respect of non-material obligations is excluded.
§ 13 Data Protection
Personal data is processed in accordance with the privacy policy at code-oase.com/en/datenschutz. A separate data processing agreement (DPA) pursuant to Art. 28 GDPR will be concluded for hosting services.
§ 14 Governing Law and Jurisdiction
These GTC are governed by German law. For clients who are merchants, the place of jurisdiction is Wernigerode, Germany.