for the provision of services by fdmedia GmbH, Altrottstr. 31, 69190 Walldorf, email: [email protected] (hereinafter referred to as “Contractor”) vis-à-vis its customers (hereinafter referred to as “Client”)
1. General provisions
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor in accordance with these GTC.
1.2 The Contractor is entitled to subcontract the necessary services in its own name and on its own account to subcontractors, who in turn may also use subcontractors. The contractor remains the sole contractual partner of the client. Subcontractors shall not be used if it is apparent to the contractor that their use would be contrary to the legitimate interests of the client.
1.3 Insofar as, in addition to these General Terms and Conditions, further contractual documents or other terms and conditions in text or written form have become part of the contract, the provisions of these further contractual documents shall take precedence over these General Terms and Conditions in the event of any contradictions.
1.4 The Contractor shall not recognize any terms and conditions used by the Client that deviate from these General Terms and Conditions, unless expressly agreed otherwise.
2. Subject matter of the contract and scope of services
2.1 The contractor shall provide the following services to the client as an independent contractor:
WordPress web development and services
2.2 The specific scope of services is the subject of individual agreements between the contractor and the client.
2.4 The contractor is obliged to perform the services owed under the contract. However, in performing its activities, it is not subject to any instructions regarding the type of service to be provided, the place of performance or the time of performance. However, when scheduling the working days and the time allocation on these days, he shall determine these himself in such a way that optimum efficiency is achieved in his work and in the realization of the subject matter of the contract. The services shall be provided by the contractor only in consultation and coordination with the client.
3. Obligations of the client to cooperate
The client is responsible for providing the information, data, and other content to be made available for the purpose of performing the services in a complete and correct manner. The contractor shall not be liable to the client in any way for delays in the provision of services caused by late and necessary cooperation or input on the part of the client; The provisions under the heading “Liability/Indemnification” remain unaffected by this.
4. Remuneration
4.1 The remuneration shall be agreed individually in the contract. If the remuneration is calculated on the basis of time periods, it shall be paid after the expiry of the individual time periods (Section 614 BGB). In the case of expense-based billing, the contractor shall be entitled, subject to deviating agreements, to invoice the services rendered on a monthly basis.
4.3 The contractor shall send the client an invoice by post or email (e.g. as a PDF) after the services have been rendered. Payment is due within 14 days of receipt of the invoice.
5. Liability / Indemnification
5.1 The contractor shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise provided for in this contract or due to mandatory liability. If the contractor negligently breaches an essential contractual obligation, liability shall be limited to the damage typically foreseeable for a contract of this type.unless otherwise agreed or due to mandatory liability. If the contractor negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the preceding sentence. Essential contractual obligations are obligations that the contract imposes on the contractor according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper performance of the contract and on whose fulfillment the customer may regularly rely.and on whose fulfillment the customer may regularly rely. In all other respects, the contractor's liability is excluded. The above liability provisions also apply with regard to the contractor's liability for its vicarious agents and legal representatives.
5.2 The client shall indemnify the contractor against any claims by third parties asserted against the contractor due to breaches of these contractual terms and conditions or applicable law by the client.
6. Term of contract and termination
6.1 The term of the contract and the periods for ordinary termination shall be agreed individually by the parties.
6.3 Upon termination of the contract, the contractor shall immediately return or destroy all documents and other content provided to it at the customer's discretion. The assertion of a right of retention to such documents and content is excluded. Electronic data shall be deleted in full.
This does not apply to documents and data that are subject to a longer statutory retention period, but only until the end of the respective retention period. The contractor shall confirm the deletion in writing to the company upon request.
Confidentiality and data protection
7.1 The contractor shall treat all information that comes to its knowledge in connection with the order as strictly confidential. The contractor undertakes to impose the obligation of confidentiality on all employees and/or third parties who have access to the information covered by the contract. The confidentiality obligation shall remain in force indefinitely beyond the term of this contract.
7.2 The contractor undertakes to comply with all data protection regulations, in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act, when executing the order.
8. Final provisions
8.1 The law of the Federal Republic of Germany applies, excluding the CISG.
8.3 The client shall support the contractor in the performance of its contractual services by providing reasonable cooperation, where necessary. In particular, the client shall provide the contractor with the information and data necessary for the fulfillment of the order.
8.4 If the client is a merchant, a legal entity under public law or a special fund under public law or does not have a general place of jurisdiction in Germany, the parties agree that the place of jurisdiction for all disputes arising from this contractual relationship shall be the registered office of the contractor; Exclusive places of jurisdiction shall remain unaffected by this.
8.5 The contractor is entitled to amend these General Terms and Conditions for objectively justified reasons (e.g., changes in case law, the legal situation, market conditions, or business or corporate strategy) and subject to reasonable notice. Existing customers will be notified of this by email at least two weeks before the change comes into effect. If the existing customer does not object within the period specified in the notification of change, their consent to the change shall be deemed to have been given. If they object, the changes shall not take effect; in this case, the contractor shall be entitled to terminate the contract extraordinarily at the time the change takes effect. The notification of the intended amendment to these General Terms and Conditions shall refer to the deadline and the consequences of objection or failure to object.
9. Information on online dispute resolution / consumer arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obliged to participate in consumer dispute resolution proceedings in accordance with the VSBG. Our email address can be found in the header of these terms and conditions.