General Terms and Conditions

The provider is Elvis Ayong, Kitmon360 – Webdesign (sole proprietorship), Düppelstraße 15, 45897 Gelsenkirchen, Germany (the “Provider”).

These terms apply exclusively to businesses within the meaning of § 14 BGB, legal entities under public law and special funds under public law. No contracts are concluded with consumers within the meaning of § 13 BGB.

Deviating, conflicting or supplementary terms of the client do not become part of the contract unless the Provider expressly agrees to them in text form.

The information on the Provider’s website, in particular starting prices and package descriptions, is non-binding and does not constitute a binding offer.

Following a free initial consultation, the client receives an individual quote with a binding fixed price and a described scope of work. The contract is concluded when the client accepts this quote in text form; an email is sufficient.

The fixed price applies to the scope described in the quote. Work going beyond that is agreed in advance and remunerated separately.

The Provider creates a website in accordance with the quote. Scope, number of pages and features follow from the selected package and the quote.

Three rounds of revisions are included. Further rounds are billed by time spent after the Provider has pointed this out.

Ongoing search engine work is not included unless expressly agreed. Setting up local SEO foundations is a one-off service.

The Provider does not owe any particular commercial outcome, in particular no specific search engine ranking and no specific number of enquiries or visitors.

The client provides the content required for the build – in particular texts, images, logos and access credentials – in good time and in a suitable format.

The client warrants that it holds the necessary rights to all content it supplies and that using such content does not infringe third-party rights.

The client indemnifies the Provider against third-party claims arising from a breach of this warranty, including reasonable costs of legal defence.

If the client fails to meet its duties to cooperate in good time, agreed deadlines are extended accordingly.

Timings are non-binding unless expressly agreed as binding in text form.

As a guide, the website is usually made available for acceptance within two to three weeks of the client’s content being received in full.

Once complete, the Provider makes the website available for acceptance and notifies the client in text form.

The client reviews the website within 14 days. If no material defects are notified in text form within this period, the website is deemed accepted. The Provider draws attention to this consequence separately when making the site available.

Immaterial defects do not entitle the client to refuse acceptance. Putting the website into live operation likewise constitutes acceptance.

The fixed price stated in the quote applies. All prices are in euros.

The Provider currently applies the small business regulation under § 19 (1) UStG; VAT is neither shown nor charged.

If the small business regulation ceases to apply during an ongoing continuing obligation, statutory VAT will be charged in addition to the agreed net fee from the date it ceases. The Provider will give timely notice in text form.

For a one-off purchase, 30 per cent of the fixed price is due on placing the order and 70 per cent on acceptance.

On the monthly plan, the setup fee is due on placing the order; the monthly rate is invoiced monthly in advance.

Payment is made, at the client’s choice, by bank transfer against invoice or by SEPA direct debit. Invoices are due for payment in full within 14 days of the invoice date.

Invoices are sent electronically as a PDF by email; the client consents to this.

Statutory provisions apply in the event of late payment. In particular, the Provider is entitled to default interest of nine percentage points above the base rate and a flat fee of 40 euros under § 288 (5) BGB.

If the client is in default for more than 30 days with at least two monthly instalments or an equivalent amount, the Provider may temporarily suspend hosting and maintenance. The Provider will give prior notice in text form and set a reasonable deadline of at least 14 days.

Any such suspension does not affect the rights of use already granted to the client in the source code, nor its rights in the domain. The Provider withholds neither data nor domain.

The right to terminate for good cause remains unaffected.

On the monthly plan the minimum term is 12 months (Start) or 24 months (Business and Premium), depending on the package. It begins on acceptance of the website.

After the minimum term the contract continues indefinitely and may be terminated by either party giving one month’s notice to the end of a month.

A maintenance plan booked separately alongside a one-off purchase has no minimum term and may be terminated on one month’s notice to the end of a month.

Termination must be in text form. The right of either party to terminate for good cause remains unaffected.

After the contract ends, the Provider makes the source code and an export of the content available to the client and transfers the domain to an account nominated by the client. Support beyond this in migrating to another provider is billed by time spent.

On acceptance, the Provider grants the client a non-exclusive, transferable right, unlimited in time and territory, to use, modify and further develop the website created for it, including the source code and design.

This right also arises on acceptance under the monthly plan and does not depend on all monthly instalments having already been paid.

Third-party components used – such as open source libraries, fonts and stock photos – are subject to their respective licences. The client receives rights to the extent those licences grant them.

The Provider may name and show the website created as a reference, naming the client. The client may object to this at any time in text form.

On request, the Provider registers a domain for the client. The client is the domain holder.

When the contract ends, the Provider transfers the domain without undue delay to an account nominated by the client and provides the information required for this, in particular the auth code.

Whether ongoing domain costs are included in the package price follows from the quote.

Hosting is provided via a service provider engaged by the Provider.

The Provider aims for availability of 99 per cent on an annual average. This excludes scheduled maintenance periods and outages for which the Provider is not responsible, in particular disruptions at upstream suppliers and force majeure.

Uninterrupted availability is not warranted.

German contract-for-work law applies to the creation of the website. The client is first entitled to subsequent performance.

The limitation period for defect claims is twelve months from acceptance. This does not apply in cases of intent, gross negligence, fraudulent concealment of a defect, or injury to life, body or health; statutory periods apply in those cases.

If the client is a merchant, the duty to inspect and give notice under § 377 HGB applies accordingly.

The Provider is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, where a guarantee has been assumed, and under the German Product Liability Act.

In the event of slightly negligent breach of a material contractual obligation – that is, an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the client may regularly rely – liability is limited to the foreseeable damage typical of this type of contract.

Liability is otherwise excluded.

For loss of data, the Provider is liable only up to the effort that would have been required for recovery had the client carried out proper and regular data backups.

The Provider produces technically and editorially prepared pages such as the imprint, privacy policy and accessibility statement. These are non-binding aids and expressly not legal services within the meaning of the German Legal Services Act (RDG).

The client bears responsibility for the content of these statements. The Provider recommends having them reviewed legally before publication.

Where the Provider processes personal data on the client’s behalf in the course of hosting or maintenance, the parties conclude a data processing agreement pursuant to Art. 28 GDPR. The Provider makes the corresponding agreement available on its website.

Both parties comply with the applicable data protection rules and bind the persons they engage to confidentiality.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is the Provider’s registered office. The Provider is also entitled to sue at the client’s general place of jurisdiction.

Amendments and additions to the contract must be made in text form.

Should any provision of these terms be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provision takes the place of the invalid provision.