Terms and Conditions
of
Webcraft Solutions
Sascha Klein
Waldwinkel 6
31199 Diekholzen
— hereinafter referred to as: Webcraft Solutions —
1. General
Provisions 1.1 These General Terms and Conditions (GTC) apply to all contracts concluded between Webcraft Solutions and the customer.
1.2 Webcraft Solutions offers the customer, among other things, services in the area of website creation and development (including maintenance and support). The specific scope of services is subject to individual agreements between Webcraft Solutions and the customer.
1.3 Webcraft Solutions does not enter into contracts with consumers or private individuals.
1.4 Webcraft Solutions is entitled to outsource the necessary services in its own name and on its own account to subcontractors, who in turn may also engage subcontractors. Webcraft Solutions remains the sole contractual partner of the customer in this regard. Subcontractors will not be engaged if it is apparent to Webcraft Solutions that their engagement would conflict with the customer’s legitimate interests.
1.5 The contracting parties agree to each designate a contact person who will oversee the respective order and who is authorized to make legally binding declarations of intent.
1.6 Webcraft Solutions does not recognize any general terms and conditions used by the customer that deviate from these terms and conditions—unless expressly agreed to.
2. Customer’s
Obligations to Cooperate 2.1 If the customer provides Webcraft Solutions with text, images, or other content, the customer must ensure that such content does not infringe upon the rights of third parties (e.g., copyrights) or violate any other legal provisions. In this context, it is noted that Webcraft Solutions is not legally authorized to provide legal advice to the customer. In particular, Webcraft Solutions is neither obligated nor legally able to review the customer’s business model and/or the works created or acquired by the customer (layouts, graphics, texts, etc.) for compliance with applicable law. In particular, Webcraft Solutions will not conduct any trademark searches or other checks for conflicts with intellectual property rights regarding the works provided by the customer. To the extent that the customer issues specific instructions regarding the work to be produced, the customer bears sole liability for such instructions.
2.2 The customer is obligated to provide the information, data, and works (e.g., data for the legal notice, graphics, etc.) as well as any access credentials required for the fulfillment of the order completely and accurately. The customer must also ensure that the instructions provided by them comply with applicable law.
2.3 Subject to any individual agreements to the contrary, the customer is responsible for procuring the material needed to design the websites (e.g., graphics, videos) and must provide this to Webcraft Solutions in a timely manner. If the customer fails to provide such material and does not provide any further specifications, Webcraft Solutions may, at its discretion and in compliance with copyright attribution requirements, use image material from common providers (e.g., stock photo service providers) or insert a placeholder for the corresponding parts of the website.
2.4 If the conclusion of a data processing agreement pursuant to Article 28 of the GDPR is required for individual components of the order, both contracting parties undertake to conclude such an agreement before the commencement of service provision.
2.5 Webcraft Solutions shall not be liable to the customer in any way for delays in the implementation of projects resulting from the customer’s delayed (necessary) cooperation or provision of input.
2.6 If the customer fails to fulfill its obligations under this section, Webcraft Solutions may invoice the customer for the resulting additional expenses (e.g., costs for stock photos and time spent searching for them).
3. Website Development
3.1 Unless otherwise agreed upon in individual agreements, website development is carried out using agile methods. The remaining provisions of these General Terms and Conditions remain unaffected.
3.2 The subject matter of website development contracts between Webcraft Solutions and the customer is generally the development of new websites or the expansion of existing websites (e.g., integration of new interfaces or programming of new online applications) in accordance with the customer’s technical and/or design specifications. Website development contracts concluded between the parties are contracts for work and services within the meaning of Sections 631 et seq. of the German Civil Code (BGB).
3.3 Unless otherwise agreed, the websites created are optimized for all common browsers in their most current versions (specifically, the two most recent versions of each browser). Optimizing the display for mobile devices is an integral part of the services to be provided.
3.4 The specific services agreed upon are set forth in the contract individually concluded between Webcraft Solutions and the client. To this end, the customer shall first submit a request to Webcraft Solutions with as detailed a description as possible of the website content desired (design elements such as images, layouts, logos, etc., are to be specified and provided by the customer). This request constitutes an invitation to Webcraft Solutions to submit a proposal. Webcraft Solutions will review the customer’s specifications described in the request to the best of its knowledge and belief for completeness, suitability, clarity, feasibility, and consistency, and will prepare an offer based on the customer’s wishes as expressed in the request. A contract between Webcraft Solutions and the customer is formed only upon the customer’s acceptance of the proposal.
3.5 Webcraft Solutions is only required to verify or obtain rights, procure tools (e.g., analytics), or provide development, application, or other documentation to the extent that this is expressly agreed upon in an individual contract. In contrast, the setup of transport encryption (SSL/TLS) is an integral part of the services to be provided.
3.6 The customer may access the development site at any time and submit customer requests, provided these are covered by the originally agreed scope of services. Such modifications become part of the original contract if both contracting parties agree in writing (i.e., via email, fax, or similar means). Otherwise, Webcraft Solutions is only obligated to produce the functions/items listed in the contract or to provide the agreed-upon services (e.g., maintenance). Any services beyond this scope must be separately agreed upon and compensated.
3.7 Webcraft Solutions’ offer generally includes a “sample page” or an “online design proposal,” the format and content of which are selected by Webcraft Solutions at its sole discretion; there is no entitlement to specific design elements or functions. If an agreement cannot be reached based on the “sample page” or the “online design proposal,” no contract is formed; in this case, the prospective customer has no right to receive the “sample page” or the “online design proposal” or the associated source codes, copies, or similar materials. Any copies remaining with the customer must be deleted or returned to Webcraft Solutions.
3.8 As soon as the website is completed, Webcraft Solutions will request that the client accept the website.
3.9 A prerequisite for Webcraft Solutions’ work is that the client provides Webcraft Solutions with all data required for the implementation of the project (texts, templates, graphics, etc.) in full and in a suitable format prior to the start of the project. If the client fails to meet this obligation, Webcraft Solutions may bill the client for the resulting time spent.
3.10 Upon completion and acceptance of the website and/or individual parts thereof, the client will receive from Webcraft Solutions—if available and as agreed in the individual contract—all graphics, source codes, any documentation and/or manuals for (third-party) modules used, and, if applicable, development documentation.
3.11 The compensation for website development is subject to an individual contractual agreement between the parties. In all other respects, the statutory provisions apply.
3.12 If the Customer uses hosting services for the new website provided by third-party providers rather than by Webcraft Solutions, Webcraft Solutions assumes no responsibility for the respective servers and their configuration, the data lines, and/or the accessibility of the website.
4. Special Provisions for Website
Maintenance 4.1 Upon completion of the website and/or individual parts thereof, Webcraft Solutions may offer the customer maintenance and support services for the website. Webcraft Solutions may also offer maintenance services for third-party websites. However, Webcraft Solutions is under no obligation to make such an offer, nor is the customer required to accept Webcraft Solutions’ additional service offerings. Any such agreements are subject exclusively to individual arrangements.
4.2 The scope of maintenance contracts includes the resolution of malfunctions and the ad hoc updating of the website for common web browsers in their respective current versions. In addition, Webcraft Solutions is obligated to perform regular maintenance to the extent specified in the service description underlying the contract.
4.3 A prerequisite for maintenance is that the content to be maintained is compatible with Webcraft Solutions’ systems. Compatibility may be compromised, in particular, by outdated components of the content to be maintained or by unauthorized changes made by the customer. If compatibility cannot be guaranteed, the customer must ensure it independently (e.g., through appropriate updates) or separately commission Webcraft Solutions to ensure compatibility.
4.4 Webcraft Solutions is not liable for malfunctions or incompatibilities caused by unauthorized changes made by the customer or resulting from other errors that fall outside Webcraft Solutions’ area of responsibility; the provisions under “Liability and Indemnification” remain unaffected by this.
4.5 Unless otherwise agreed, maintenance covers only technical updates to the website, not updates to its content. Webcraft Solutions is only obligated to update the legal notice and privacy policy to the extent provided for in the service description underlying the contract.
5. Web Hosting and Domain Registration
5.1 Webcraft Solutions also offers the customer hosting and domain registration services—in particular as an add-on option in connection with website development. The specific scope of services (domain registration, storage space, certificates, etc.) is subject to individual agreements between the parties. Webcraft Solutions is entitled to utilize third-party services in any form in connection with the provision of hosting services.
5.2 Unless otherwise agreed, Webcraft Solutions shall assume responsibility for the administration and management of the data when commissioned as a host. The customer generally does not have access to the hosting system’s administrative backend.
5.3 Unless otherwise agreed, the customer has no right to be assigned a static IP address for their website. Changes due to technical or legal reasons are possible at any time and are reserved.
5.4 The customer is obligated not to disclose their passwords and other access data—to the extent such data has been provided by Webcraft Solutions—to third parties and to change them regularly. The customer is personally responsible for any misuse by third parties, to the extent that the customer is at fault.
5.5 The customer is obligated to create regular backup copies of their hosted data. If the customer is unable to do so, they must commission Webcraft Solutions or other technically qualified third parties to perform the backups. The customer is solely liable for any data loss resulting from a lack of data backups. If a maintenance contract is in place, Webcraft Solutions is obligated to perform backups to the extent specified in the service description underlying the contract. Backups created by Webcraft Solutions cover only the website; email accounts and their contents are not included under any circumstances.
5.6 If the customer uses domain registration services provided by Webcraft Solutions, the following provisions apply in addition:
5.6.1 The contractual relationship required for the registration of the respective domain is established directly between the customer and the respective domain registry or registrar. Webcraft Solutions acts solely as an intermediary in the relationship between the customer and the registry, without having any influence of its own on the assignment of the domain.
5.6.2 The customer bears full responsibility for ensuring that the domain they request does not infringe on the rights of third parties. Webcraft Solutions is under no obligation to verify the domain.
5.6.3 The respective terms and conditions of the individual registries apply additionally to the registration of domains. Webcraft Solutions will inform the customer of any special considerations in the event of an intended registration.
6. Prices and Compensation
6.1 The compensation for website and/or online store creation or for other orders is the subject of an individual contractual agreement between the parties and is generally based on the quote.
6.2 Webcraft Solutions is entitled to adjust its prices periodically to the extent that Webcraft Solutions’ own costs for providing the service increase. Existing customers will be notified of the price adjustment via email no later than one month before the change takes effect. Unless the customer objects within the deadline specified in the notice of change, the customer’s consent to the change shall be deemed to have been given. The notice regarding the intended price adjustment will specify the deadline and the consequences of objecting or failing to object. If the customer does not agree to the price adjustment, they may terminate the subscription early as of the effective date of the price adjustment.
7. Acceptance
7.1 If the performance of a work has been agreed upon, Webcraft Solutions may require that acceptance be provided in writing; written acceptance is only required if Webcraft Solutions requests it from the customer. The provisions on acceptance in the German Civil Code (BGB) remain unaffected in all other respects. The acceptance period within the meaning of § 640(2), sentence 1 of the German Civil Code (BGB) is set at 2 weeks from notification of the work’s completion, unless a longer acceptance period is required in individual cases due to special circumstances, in which case Webcraft Solutions will notify the customer separately. Unless the customer responds within this period or refuses acceptance due to a defect, the work shall be deemed accepted.
8. Warranty
for Defects A minor defect does not give rise to claims for defects. The choice of the type of subsequent performance rests with Webcraft Solutions. The statute of limitations for defects and other claims is one (1) year; this shortened statute of limitations does not apply to claims resulting from willful misconduct, gross negligence, or injury to life, limb, or health caused by Webcraft Solutions. The statute of limitations does not restart if a replacement delivery is made under the warranty for defects. In all other respects, the statutory warranty for defects remains unaffected.
9. Contract Term for Continuing Obligations
Subject to any contrary provisions in or outside these Terms and Conditions, continuing obligations have a minimum term of 12 months. If the contract is not terminated in a timely manner by the end of the term, it is automatically extended for an additional 12 months. Maintenance contracts may be terminated up to the last day of the respective term. For contracts regarding web hosting and domains, the notice period is 3 months prior to the end of the term. The right to terminate the contract for cause remains unaffected.
10. Grant of Rights, Self-Promotion, and Right
of Mention 10.1 Webcraft Solutions generally grants the customer—upon full payment of the order by the customer—a non-exclusive right of use to the corresponding deliverables and/or the respective source codes at the time of their creation. Further rights may be agreed upon between the parties by means of an individual contractual agreement. The delivery of files, databases, and source code requires such an agreement and is subject to separate compensation.
10.2 Unless otherwise agreed, the Client expressly grants Webcraft Solutions permission to publicly present the project in an appropriate manner for the purpose of self-promotion (references/portfolio). In particular, Webcraft Solutions is entitled to use the business relationship with the customer for promotional purposes and to identify itself as the creator on all promotional materials produced and in all promotional activities, without the customer being entitled to any compensation for this.
10.3 Furthermore, Webcraft Solutions is entitled to place its own name, along with a link, in an appropriate manner in the footer and legal notice of the website(s) created by Webcraft Solutions, without the customer being entitled to any compensation for this.
11. Confidentiality
Webcraft Solutions shall treat as strictly confidential all business matters that come to its attention, including, but not limited to, print materials, layouts, storyboards, numerical data, drawings, audio recordings, images, videos, DVDs, CD-ROMs, interactive products, and any other documents containing films and/or radio plays and/or other copyrighted materials belonging to the client or its affiliated companies. Webcraft Solutions undertakes to impose a duty of confidentiality on all employees and/or third parties (e.g., suppliers, graphic designers, programmers, film producers, recording studios, etc.) who have access to the aforementioned business matters. The confidentiality obligation shall remain in effect indefinitely beyond the term of this Agreement.
12. Liability / Indemnification
12.1 Webcraft Solutions’ liability for all damages is limited as follows: In the event of a breach of a material contractual obligation (“cardinal obligation”) due to slight negligence, Webcraft Solutions’ liability shall be limited in each case to the amount of damages that were foreseeable at the time the contract was concluded and that are typical for this type of contract. Cardinal obligations are those obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance a party may regularly rely. This limitation of liability does not apply in cases of gross negligence or intentional acts, nor in cases of mandatory statutory liability, in particular where a warranty has been assumed or in cases of culpable injury to life, limb, or health. The foregoing liability provision also applies with respect to Webcraft Solutions’ liability for vicarious agents and legal representatives.
12.2 The customer shall indemnify Webcraft Solutions against any claims by third parties asserted against Webcraft Solutions due to the customer’s breaches of these Terms and Conditions or applicable law.
13. Final Provisions
13.1 The contracts concluded between Webcraft Solutions and the customers are governed by the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
13.2 If the customer 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 registered office of Webcraft Solutions shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected by this provision.
13.3 Webcraft Solutions is entitled to amend these General Terms and Conditions for objectively justified reasons (e.g., changes in case law, the legal landscape, market conditions, or business or corporate strategy) and subject to reasonable notice. Existing customers will be notified of this by email no later than two weeks before the amendment takes effect. Unless the existing customer objects within the period specified in the notice of amendment, their consent to the amendment shall be deemed to have been given. In the event of an objection, Webcraft Solutions is entitled to terminate the contract extraordinarily as of the effective date of the amendment. The notification regarding the intended amendment to these Terms of Use will specify the deadline and the consequences of raising an objection or failing to do so.
Effective: August 2026