General terms and conditions (AGB)
Software development, web development and hosting
Salman Consulting, VAT ID DE325574069
This is a courtesy translation. The German version is binding.
§1 Scope
These terms apply to all offers, orders and invoices for web development, the creation of landing pages, and technical support and hosting.
Deviating terms of the client do not apply unless they have been confirmed in writing.
§2 Scope of services
The specific scope of services follows from the respective offer, the order confirmation or the written agreement.
Services not expressly agreed, later changes or extensions are charged separately.
§3 Hosting through third parties
Where hosting is agreed, it is provided through an external third party (for example a hosting provider or cloud provider).
The contractor owes not the infrastructure itself but only its technical setup and configuration.
The contractor accepts no liability for:
- outages of the server infrastructure
- network faults
- the provider's maintenance windows
- force majeure
- security incidents outside its sphere of influence
No particular availability (uptime) is guaranteed.
§4 The client's duty to cooperate
The client provides all content in good time and warrants that it does not infringe the rights of third parties.
The client alone is responsible for the website's legal requirements (legal notice, privacy policy, cookie banner, competition law and so on).
§5 Acceptance
Once finished, the project is made available for review.
If no specific written notice of defects is given within 7 calendar days, the work counts as accepted.
Insignificant deviations do not justify refusing acceptance.
§6 Rights of use
After full payment, the client receives a simple right to use the website created for its own business purposes.
Source code, frameworks, reusable components, templates and internal structures remain with the contractor.
§7 Warranty
The warranty period is 12 months from acceptance.
There is no warranty for:
- changes made by the client or third parties
- improper use
- external technical influences
- hosting faults under §3
§8 Liability
The contractor is liable without limit for:
- intent
- gross negligence
- injury to life, body or health
For simple negligence, the contractor is liable only for breach of essential contractual duties and limited to the foreseeable damage typical of the contract.
Liability for the following is excluded as far as the law allows:
- lost profit
- data loss
- business interruption
- indirect damage
Total liability is limited to the respective project or annual invoice amount.
§9 Final provisions
German law applies.
The place of jurisdiction is, as far as permitted, the contractor's registered seat.
If a provision is invalid, the rest of the contract remains in effect.