This is a courtesy translation. The legally binding version of these terms and conditions is the German one.
Scope and Contracting Parties#
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts, deliveries and other services between Sven Gauditz, trading as PixAgentur, Ringstraße 3, 24321 Behrensdorf (hereinafter "Contractor"), and his customers (hereinafter "Client").
(2) The GTC apply in particular to the areas of web design, web development, WordPress services, hosting, maintenance and upkeep of websites, search engine optimization (SEO), AI consulting, the creation of AI-supported content, process automation, technical consulting, the development of digital platforms, and CRM and software customizations.
(3) Deviating, conflicting or supplementary general terms and conditions of the Client only become part of the contract if and to the extent that the Contractor has expressly agreed to their validity in text form.
(4) The version of these GTC valid at the time of conclusion of the contract shall apply in each case.
Offers and Conclusion of Contract#
(1) The offers of the Contractor are subject to change and non-binding, unless they are expressly marked as binding. Cost estimates are non-binding.
(2) A contract is concluded when the Contractor confirms the order in text form (e.g. by email) or begins to perform the service. The acceptance of a binding offer submitted by the Contractor by the Client also constitutes the conclusion of a contract.
(3) There are no verbal side agreements. Amendments and additions to the contract require text form for evidentiary purposes.
Scope of Services#
(1) The scope of the services to be provided results from the respective service description, the individual offer or the order confirmation.
(2) Services that have not been expressly agreed are not owed and, if commissioned, will be remunerated separately.
(3) The Contractor is entitled to use subcontractors and third parties to fulfill the contract.
Cooperation Obligations of the Client#
(1) The Client shall provide all data, content, texts, images, access data and documents required for the execution of the project in good time, in full and in a suitable form.
(2) The Client warrants that he holds all necessary rights to the content provided by him (in particular texts, images, graphics, logos, trademarks and fonts) and that their use does not infringe the rights of third parties. The Client shall indemnify the Contractor against all claims of third parties asserted due to the infringement of such rights, including reasonable costs of legal defense.
(3) If the Client fails to fulfill his cooperation obligations in good time, agreed deadlines shall be extended reasonably. The Contractor may charge separately for any additional expenses incurred as a result.
Change Requests#
(1) If the Client requests changes or extensions to the agreed scope of services after order confirmation, the Contractor will take these into account within the scope of his possibilities.
(2) Change requests that go beyond the originally agreed scope of services may affect deadlines and, unless otherwise agreed, will be remunerated according to time spent at the Contractor's applicable hourly rates.
Prices and Payment Terms#
(1) The prices stated in the offer or order confirmation apply. All prices are in euros.
(2) Prices are subject to the applicable statutory value added tax, insofar as this is shown separately. If the Contractor makes use of the small business regulation pursuant to § 19 of the German VAT Act (UStG), no value added tax is charged or shown.
(3) For more extensive projects, the Contractor is entitled to demand reasonable installment payments or a down payment (generally up to 50% of the order value) upon placement of the order.
(4) Unless otherwise agreed, invoices are due for payment without deduction within 14 days of the invoice date.
(5) Recurring services (e.g. hosting, maintenance, domains) are invoiced in advance for the respective billing period.
Default of Payment#
(1) If the Client defaults on a payment, the Contractor is entitled to demand default interest at the statutory rate (§§ 288, 247 BGB — German Civil Code). The assertion of further damages remains reserved.
(2) If the Client is in default with due payments, the Contractor is entitled, after prior notice and the setting of a reasonable deadline, to withhold ongoing services and in particular to temporarily suspend hosting or other continuing services until the outstanding amount has been settled.
Deadlines and Dates#
(1) Delivery and performance dates are only binding if they have been expressly confirmed as binding by the Contractor in text form.
(2) Delays attributable to circumstances for which the Contractor is not responsible (e.g. lack of cooperation by the Client, force majeure, disruptions at third parties) shall extend agreed deadlines accordingly.
Acceptance of Websites and Work Performances#
(1) Insofar as work performances are owed (e.g. the creation of a website), the Client shall inspect the work after completion and provision for acceptance and, provided it is essentially in accordance with the contract, accept it.
(2) The Client shall notify any defects in text form within a reasonable period of generally 14 days after provision. If the Client does not respond within this period despite a request to do so, the work shall be deemed accepted.
(3) Acceptance shall further be deemed to have taken place if the Client puts the website or work into use (e.g. by publication / go-live).
(4) Insignificant defects do not entitle the Client to refuse acceptance; they will be remedied within the scope of the warranty.
Rights of Use and Copyright#
(1) The works created by the Contractor (e.g. designs, graphics, source code, concepts, texts) are protected by copyright.
(2) The Client receives, for the contractual work results that have been paid for in full, the simple right of use, unlimited in time and space, for the contractually agreed purpose. The transfer of the rights of use is subject to the condition precedent of full payment of the agreed remuneration.
(3) Passing on the rights of use to third parties, processing, or use beyond the agreed purpose requires the prior consent of the Contractor, unless otherwise agreed.
(4) Rights not expressly transferred remain with the Contractor. This applies in particular to design files, intermediate versions, source code libraries, and reusable concepts and components, insofar as their transfer has not been expressly agreed.
(5) The Contractor is entitled to use the created works, naming the Client, as a reference for his own advertising purposes (e.g. in the portfolio), unless the Client objects in text form.
Third-Party Services, Plugins and Open Source#
(1) To provide his services, the Contractor may use software, services, libraries, themes and extensions (plugins) of third parties, including open-source software and WordPress components.
(2) The Contractor assumes no warranty for the function, availability, security, timeliness and further development of such third-party services. The respective license and terms of use of the third-party providers apply, which the Client must observe.
(3) Updates, changes or the discontinuation of third-party components may trigger the need for adaptation of the Contractor's services. Such adaptations are not part of the original order and will be remunerated separately according to time spent, unless they are covered by a maintenance contract.
Hosting and Availability#
(1) Insofar as the Contractor provides hosting services, the Client's content is provided on his own or rented servers.
(2) The Contractor endeavors to achieve the highest possible availability of the hosting services. The targeted availability is 99% on an annual average. Excluded from this are periods during which the servers are not accessible due to technical or other problems that are outside the Contractor's sphere of influence (e.g. force majeure, fault of third parties, disruptions of upstream networks), as well as announced maintenance work.
(3) Maintenance work will, as far as possible, be announced in good time and scheduled for low-usage times.
(4) The Client is obliged to operate the hosted content in compliance with the law. In the case of illegal content or a threat to the server infrastructure, the Contractor is entitled to block the affected content where possible, after prior notice.
Data Backup#
(1) Insofar as agreed within the scope of hosting or maintenance services, the Contractor carries out regular data backups.
(2) The Client remains jointly responsible for backing up the data for which he is responsible and is obliged to make his own backups before significant interventions, insofar as this is possible for him.
(3) Liability for data loss is limited, within the scope of § 21 of these GTC, to the typical restoration effort that would have arisen if the Client had carried out proper and regular data backups.
Domain Registration#
(1) Insofar as the Contractor registers or manages domains on behalf of the Client, he acts merely as an intermediary vis-à-vis the respective allocation body (registry/registrar).
(2) The contractual relationship regarding the domain is established between the Client and the respective allocation body; its registration and allocation conditions apply.
(3) There is no entitlement to the registration of a specific domain, as the availability and allocation are solely within the sphere of influence of the allocation body.
Maintenance and Upkeep Contracts#
(1) The subject of a maintenance contract are the services agreed in the respective contract, in particular the installation of updates, security and function checks, and minor adaptations within the agreed scope or time budget.
(2) Services not covered by the maintenance scope (e.g. extensive new developments, design changes, remedying damage caused by third parties) will be remunerated separately according to time spent.
(3) Within the scope of maintenance, the Contractor owes the professional execution of the agreed measures, but not a specific result, insofar as this depends on third-party components or the behavior of third parties.
Support Services#
(1) Support is provided, where agreed, by email and telephone during normal business hours.
(2) Agreed response times are based on the respective individual agreement (service level). Support services going beyond the agreed scope will be remunerated separately according to time spent.
SEO Services#
(1) Services in the area of search engine optimization (SEO) include the implementation of measures to improve the findability of the website in search engines.
(2) The Contractor owes the professional execution of these measures, but not a specific result, in particular no specific placement (ranking) in search results. Rankings depend on the algorithms of the search engine operators as well as on the competitive environment and are outside the sphere of influence of the Contractor.
AI-Supported Services and AI Consulting#
(1) The Contractor provides services in the field of artificial intelligence (AI), in particular AI consulting, the creation of AI-supported content, and process automation using AI tools.
(2) AI-supported results (e.g. texts, images, code, evaluations) may be incorrect, incomplete, outdated or biased. The Client is obliged to check AI-generated results on his own responsibility, both in terms of content and legally, before using them, in particular with regard to accuracy, copyright, trademark and personal rights, and any labeling obligations.
(3) The Contractor assumes no warranty for the accuracy, completeness, freedom from third-party rights, or usability of AI-generated content for a specific purpose. The legal classification of AI-generated content, in particular questions of authorship and eligibility for protection, is partly unresolved; liability of the Contractor for this is excluded within the scope of § 21.
(4) Within the scope of AI consulting, the Contractor owes professional advice, but not a specific economic success.
(5) The Client is responsible for ensuring that the data entered into AI tools is free of third-party rights and does not violate any data protection or contractual obligations. The Contractor points out that when using external AI services, data may be transmitted to their providers.
Term and Termination#
(1) Project contracts end with the complete provision and acceptance of the agreed services.
(2) Continuing obligations (in particular hosting, maintenance and support contracts) run for the respective agreed contract term. If no fixed term is agreed, the contract runs for an indefinite period and can be terminated in text form with a notice period of one month to the end of the month.
(3) Contracts with a fixed term are extended by the same period in each case, unless they are terminated in text form with a notice period of one month to the end of the respective term.
(4) The right to extraordinary termination for good cause remains unaffected for both contracting parties.
(5) Upon termination of a hosting contract, the Contractor will cooperate, within the scope of what is reasonable, in an orderly data export or migration; any effort incurred for this may be charged separately.
Warranty#
(1) The statutory warranty provisions apply, unless otherwise stipulated below.
(2) In the case of justified and promptly reported defects, the Contractor provides subsequent performance by remedying the defect. If subsequent performance fails, the Client is entitled to the statutory rights.
(3) There is no warranty for defects and disruptions attributable to third-party components, to subsequent changes or improper interventions by the Client or third parties, or to incorrect operation for which the Client is responsible.
Liability and Limitation of Liability#
(1) The Contractor is liable without limitation for damages resulting from injury to life, body or health, for damages resulting from intent and gross negligence, within the scope of a warranty assumed, and under the German Product Liability Act.
(2) In the case of slightly negligent breach of an essential contractual obligation (cardinal obligation), the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the Client may regularly rely, liability is limited to the foreseeable damage typical for the contract.
(3) Otherwise, the liability of the Contractor is excluded. In particular, within the scope of what is legally permissible, the Contractor is not liable for lost profits, lost savings, or indirect and consequential damages.
(4) Liability for data loss is limited in accordance with § 13(3).
(5) Insofar as the liability of the Contractor is excluded or limited, this also applies to the personal liability of vicarious agents and persons employed in performing an obligation.
Confidentiality and Data Protection#
(1) The contracting parties undertake to treat confidential information and trade secrets that become known to them in the course of the cooperation as confidential and not to pass them on to unauthorized third parties.
(2) If the Contractor processes personal data within the meaning of the GDPR on behalf of the Client, the parties shall, if required, conclude a separate data processing agreement pursuant to Art. 28 GDPR. Otherwise, the privacy policy applies.
Force Majeure#
Events of force majeure that significantly impede or render impossible the performance owed by the Contractor (e.g. natural disasters, strikes, official measures, large-scale disruptions of telecommunications or power supply, cyberattacks on upstream systems) entitle the Contractor to postpone the service for the duration of the impediment plus a reasonable lead time. Liability for delays caused by this is excluded.
Final Provisions#
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn.
(2) If the Client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the place of business of the Contractor. The Contractor is also entitled to sue at the general place of jurisdiction of the Client.
(3) Amendments and additions to these GTC and to the contract require text form. This also applies to the cancellation of this text form requirement.
(4) Should individual provisions of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. The statutory provision shall apply in place of the invalid or unenforceable provision.
Status of these General Terms and Conditions: June 2026.