General terms and conditions

1 Scope and individual agreements

These terms apply to the Studio's agreed services, in particular website concepts and development, design and brand materials, software and Back Office functions, and separately commissioned operation and support. The services to be provided in each case are set out in the contract and its accompanying service description.

Individual agreements take precedence. Mandatory statutory rights, particularly those of consumers, remain in place. A person is a consumer if they enter into the contract predominantly for purposes outside their trade, business or independent professional activity.

2 Enquiries and formation of the contract

Submitting a contact form or project brief, selecting modules or viewing a design does not constitute a paid commission. An acknowledgement of receipt likewise initially confirms only that the enquiry has been received.

Before a commission is placed, the services, price and other terms are set out in an individual offer. A contract is formed through matching declarations, for example by accepting a binding offer. Offers described as non-binding require an order confirmation from the Studio. Merely using the website does not constitute acceptance of these general terms and conditions (AGB).

These AGB only become part of the contract if they are validly incorporated when the contract is concluded. The Studio provides the applicable version in an accessible form that can be saved before a commission is placed. A subsequent change to the website does not replace an agreement to amend an existing contract.

3 Scope of services and technical requirements

The offer specifies deliverables, functions, languages, file formats, technical requirements and revisions. For digital products, it also describes compatibility, interoperability, and the form and duration of provision, where applicable.

Hosting, domains, external services, translations, additional integrations and ongoing support are included only to the extent agreed. Designs, demonstrations and functions described as planned do not constitute a promise of immediate availability. A particular level of revenue, search engine ranking or approval by a third-party platform operator is owed only if expressly agreed.

4 Cooperation and changes to the commission

The client provides the agreed content, necessary access and approvals in good time. They may only submit materials that they are entitled to use for the agreed purposes and must point out any known legal or technical restrictions. The Studio informs the client of identifiable problems that prevent implementation in accordance with the contract.

Additional requests and changes are agreed in terms of scope, cost and impact on the schedule before they are implemented for a fee. Correcting a defect for which the Studio is responsible does not thereby become a chargeable additional service. To ensure a traceable record, these arrangements should be made by email or another means that can be saved.

Where revision rounds are agreed, they cover consolidated change requests within the agreed concept. Rectifying a defect does not count as a revision round.

5 Prices and payment

The agreed prices and payment terms apply. One-off project costs, recurring fees and third-party provider costs are shown separately. Before consumers become bound, they are given the total price including applicable taxes and agreed additional costs or, if an exact amount cannot yet be stated, the basis of calculation.

No VAT is charged on transactions currently exempt from tax under § 19 UStG. The USt-IdNr. does not in itself give rise to additional VAT. For cross-border services, the tax treatment applicable to the specific transaction is stated in the offer.

Advance payments, instalments and recurring billing periods are determined by the respective agreement. Unless separately agreed, the statutory provisions on when payment becomes due apply. Statutory rights of retention remain unaffected.

6 Schedule and approvals

The schedule is agreed on the basis of the agreed scope and the cooperation required. If either party identifies a delay, it informs the other. The effects of missing content, access or decisions on completion are explained clearly. This does not result in an automatic chargeable extension.

Approval of a design, legal acceptance of a work and publication are separate processes. Approval of a design permits further work on the agreed result. Public publication takes place after the approval agreed for that purpose has been given.

7 Inspection and acceptance of work

Where the law governing contracts for work, including acceptance, applies, the Studio makes the completed result available for inspection and requests acceptance. The client describes any defects identified as specifically as possible. The statutory rules on acceptance apply; no additional blanket deemed acceptance through silence or after a fixed short period is agreed.

For consumer contracts for the creation of digital products within the meaning of § 650 paragraph 2 BGB, statutory provision of the product applies instead of acceptance, which is excluded there. Payment is not made dependent on additional acceptance contrary to this statutory rule. Statutory rights relating to digital products remain in place.

8 Rights in designs and client data

Rights in materials and data provided by the client remain with the respective rights holder. The Studio may use them only for the agreed performance of the commission. This does not permit publication as a reference or use for other projects.

The type, scope and commencement of usage rights in the agreed final results are described in the offer or a separate rights agreement. Different rights may apply to a logo, bespoke design and software. In the absence of an express provision, the agreed contractual purpose determines the scope in accordance with statutory provisions. No blanket transfer of all rights is agreed.

9 Software and licences

For software and Back Office modules, the authorised users, installation, scope of functions and, where applicable, term and fee are determined before the contract is concluded. Rights in the Studio's reusable components and in third-party software remain with the respective rights holders. This does not restrict the client's agreed usage rights.

A source code or infrastructure transfer is included in the scope of services only if agreed or required by mandatory statutory rights or the contractual purpose. Separate operation on other infrastructure and the transfer of licences are clarified on the basis of the agreed rights. A support fee alone does not extend a licence.

The respective licence terms apply to integrated third-party components. The Studio informs the client of material usage restrictions and separate ongoing third-party costs before the corresponding commission is placed. The client's agreed and statutory rights remain unaffected.

Licences and access controls must not result in restrictions beyond those permitted by the contract or the law. These AGB do not authorise automatic shutdown of the client's website or deletion of client data due to an unpaid invoice. Any statutory rights to withhold performance and terminate the contract remain in place.

10 Operation and support

For ongoing operation and support, the scope of services, responsibilities, fees, term, termination and, where applicable, response times are agreed in particular. Continuous standby support or a specific level of availability is promised only if expressly included in the contract. The services owed by law and under the contract remain unaffected.

For domain and provider services, the parties agree who is the domain holder, account holder and contracting party of the respective provider, and which administrative rights the Studio receives. The agreed access arrangements and handover steps are documented.

Where the Studio provides hosting services, the arrangements for backup, restoration, technical maintenance and handover at the end of the contract are described in particular. Services commissioned by the client directly remain subject to the client's contractual relationship with the provider. Involving third parties does not exclude the Studio's responsibility for its own services.

Where backup and restoration are commissioned, the service agreement describes in particular the scope of backups, frequency, retention and the agreed scope of restoration. Any additional migration to another provider is agreed in advance.

For consumer contracts for digital products, statutory obligations to provide updates, including security updates, and information about them remain in place. These obligations are not made dependent on an additional paid support contract. Further development beyond this can be commissioned separately.

11 Content and accessibility in client projects

The client provides or approves the company details and necessary legal information applicable to their activities. Independent legal or tax advice is not part of the design or development service. The Studio's obligation to perform its own contractual services professionally remains in place.

Accessibility requirements for a client project are determined according to its actual offering and the agreed objective. The Studio's own status as a microenterprise does not replace this assessment for the client. These AGB do not restrict requirements agreed as binding or mandatory statutory obligations.

12 Defects and responsibility

Statutory rights apply in the event of defects. For consumers, the statutory rules on provision, conformity with the contract, remedies and termination for digital products apply in particular, where relevant. These AGB do not shorten any statutory periods relating to defects or limitation periods.

Liability is governed by statutory provisions. Inspection or approval by the client does not remove the Studio's responsibility for its own breaches of duty.

13 End of the contract and handover

The respective agreed and statutory termination rights apply to project contracts and ongoing services. These AGB do not introduce an automatic minimum term or renewal. Termination for good cause remains possible. Fees in the event of early termination are determined by the agreed services and statutory rules; there is no blanket rule that advance payments are forfeited.

When the contract ends, the results, content and data to which the client is entitled are handed over in the agreed or statutorily required formats. Any additional migration requested is agreed in advance. Handover of client data is not made generally dependent on a source code purchase. Statutory retention obligations and data protection rights remain in place.

14 Confidentiality and data protection

The parties handle confidential information from their collaboration in accordance with its intended purpose and statutory obligations. Access credentials are transmitted only to the extent necessary and through appropriate channels. Reuse of confidential client content in other parties' projects is not permitted.

Personal data is processed in accordance with applicable data protection legislation. Where processing on behalf of a controller takes place, the required agreement is concluded before that processing begins. The website's privacy information explains its own data processing; these AGB do not constitute consent to data processing.

15 References and publication

Use of the client's name, logos, screenshots, work results or statements as a public reference requires separate approval for the specific use. Approval of a project for its own publication does not automatically include this permission to use it as a reference.

16 Additional consumer rights

For distance contracts or contracts concluded away from business premises, consumers receive the information required by law, the withdrawal information applicable to the specific service and a withdrawal form before the contract is concluded. Where required by law, confirmation of the contract is provided on a durable medium.

An early start to performance requires the express declarations required in the particular case. Acceptance of these AGB, an advance payment or the bespoke design of a digital product does not replace these declarations and does not in itself result in the loss of the right of withdrawal.

17 Applicable law and amendments

German law applies. For consumers, the mandatory protection provided by the law of their country of habitual residence remains in place where the statutory requirements for this are met. No exclusive jurisdiction agreement departing from the statutory rules is made.

New versions of these AGB do not automatically amend existing contracts. Amendments are subject to the agreed and statutory requirements. If individual provisions are invalid, the statutory rules apply; they are not replaced by an automatically agreed provision with the closest possible economic effect.

Right of withdrawal for services and digital content

The following information concerns paid services and digital content not supplied on a tangible medium under distance contracts and contracts concluded away from business premises with consumers. For the specific commission, consumers receive the relevant information together with the offer and contract confirmation. The classification of the individual parts of the contract is taken into account.

You may withdraw your declaration to enter into the contract within 14 days without giving a reason. For the services and digital content described here, this period begins when the contract is concluded, but not before the legally required information about the right of withdrawal has been provided.

Send your clear statement of withdrawal to Artur Nowis, Artur Nowis Studio, Breitscheidstr. 25b, 16321 Bernau bei Berlin, Deutschland, email: [email protected]. You can, for example, send a letter or an email. Use of the form set out below is optional. To meet the deadline, it is sufficient to send your statement in time. Further contact options are listed in the legal notice (Impressum).

Following a valid withdrawal, we reimburse payments received under the contract concerned within 14 days of receiving the withdrawal. Where delivery costs must be reimbursed, this includes the cost of the least expensive standard delivery offered; additional costs for another delivery method chosen by you are excluded. We use the same payment method as you used for your payment, unless another method has been expressly agreed. We charge no fees for the reimbursement.

Early start and consequences of withdrawal

For services, a proportionate amount may be payable for the part performed up to withdrawal if you expressly requested an early start and the statutory information and form requirements have been met. This is based on the proportion of the service performed in relation to the agreed total scope; a disproportionate total price is taken into account in accordance with the statutory rules.

For paid services, the right of withdrawal expires early only after the service has been fully performed and where the required prior express consent to an early start and your acknowledgement that you are aware of this legal consequence have been given. Additional requirements concerning the durable medium apply to contracts concluded away from business premises.

For paid digital content not supplied on a tangible medium, the right of withdrawal may expire when performance of the contract begins. This requires your prior express consent to performance beginning before the withdrawal period expires, your acknowledgement that you are aware of the loss of this right, and the contract confirmation required by law. In the event of a valid withdrawal relating to such digital content, no compensation for its value is payable. Digital services must be classified separately and must not be treated like a download solely because of their digital form.

Withdrawal form

You may use the following text for your withdrawal and complete the details. You are not required to give a reason or to use this form.

To: Artur Nowis, Artur Nowis Studio, Breitscheidstr. 25b, 16321 Bernau bei Berlin, Deutschland; email: [email protected].

I hereby withdraw from the contract I concluded for the following service or the following digital content: [service/content].

Contract number or description: [details]. Contract concluded on: [date]. Name: [name]. Address: [address]. Date of withdrawal: [date]. Signature only if submitted on paper.