General terms and conditions

§ 1 Scope

These general terms and conditions apply to all contracts between Sidar Ediz (the “contractor”) and their clients (the “client”) for services in web design, web development, website relaunches, online shops, search engine optimisation (SEO/GEO), page speed optimisation, hosting support and maintenance.

Deviating terms of the client only become part of the contract if the contractor expressly agrees to them in text form. Individual agreements, in particular in the quote, take precedence over these terms.

§ 2 Conclusion of contract

Content on the website, in particular the results of the website cost calculator, is non-binding and not an offer. A contract is only concluded when the client accepts a quote from the contractor sent in writing or text form (e.g. by e-mail), or when the contractor confirms an order from the client in text form.

§ 3 Scope of services

The type and scope of services follow from the respective quote, including any service descriptions. Services not listed there, in particular additional pages, features or revision rounds, are charged separately based on effort.

For SEO, GEO and page speed services the contractor owes the professional execution of the agreed measures, but not specific search engine rankings, mentions in AI answers or specific metrics, as these depend on third parties (e.g. Google).

The contractor may use carefully selected subcontractors; the contractor remains responsible towards the client.

§ 4 Client's duties to cooperate

The client provides all content required for the service (texts, images, logos, legal texts), access data and information in good time and in a suitable digital form.

The client warrants that they hold the rights to the content provided and that it does not infringe third-party rights, and indemnifies the contractor against third-party claims based on such content. The client is responsible for the legal admissibility of the content, in particular imprint, privacy policy and advertising claims.

If the service is delayed because the client does not cooperate in time, agreed dates are postponed accordingly.

§ 5 Dates

Delivery dates are only binding if expressly agreed as binding. Force majeure, outages of third-party providers and comparable events beyond the contractor's control extend deadlines by the duration of the impediment.

§ 6 Revisions and acceptance

Revision rounds named in the quote are included in the price. Further change requests, in particular after a draft has been approved, are charged based on effort.

After completion the contractor provides the work for acceptance. The client checks it within 14 days and declares acceptance or reports material defects in text form. Minor defects do not entitle the client to refuse acceptance. The work is deemed accepted if the client uses it productively (e.g. publishes the website) or reports no material defects within the deadline; the client is informed of this consequence when the work is provided.

§ 7 Fees and payment

The prices agreed in the quote apply. Unless agreed otherwise, 50 % of the project fee is due on placing the order and the rest after acceptance. For projects with several phases the contractor may issue interim invoices according to progress.

Invoices are payable within 14 days of receipt without deduction. Maintenance and support contracts are invoiced yearly in advance. Costs of third-party services (e.g. domains, hosting, licences, stock images) are borne by the client unless agreed otherwise.

Whether prices are subject to statutory VAT follows from the quote.

§ 8 Rights of use

Upon full payment the client receives a non-exclusive right, unlimited in time and territory, to use the work created specifically for them (e.g. design and code of the website) for the agreed purpose. Further rights, in particular an exclusive right or the handover of open design source files, require a separate agreement.

Third-party components used (e.g. open-source software, themes, plugins, fonts, images) are subject to the licence terms of their respective owners.

The contractor may name the project with the client's name and logo as a reference on their website and in presentations and place a discreet credit in the website footer, unless the client objects in text form.

§ 9 Hosting, maintenance and third parties

If the contractor takes on hosting or maintenance, scope (e.g. updates, backups, monitoring) and response times follow from the quote. Maintenance contracts run for one year and renew for another year unless terminated in text form with three months' notice before the end of the term.

The contractor is not responsible for the availability and services of third-party providers (e.g. hosting providers, payment services, plugins, interfaces) unless the contractor is responsible for their failure.

§ 10 Warranty

Statutory warranty rights apply, provided that the contractor is first entitled to remedy. Towards businesses the limitation period for defect claims is one year from acceptance; this does not apply to damage claims under § 11 or in cases of intent and fraud.

There is no defect if errors result from changes by the client or third parties, from updates not carried out by the contractor, or from browser, system or third-party environments that changed after acceptance.

§ 11 Liability

The contractor is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.

For slightly negligent breach of an essential contractual obligation, liability is limited to the typical, foreseeable damage. Otherwise liability for slight negligence is excluded.

The client is responsible for regular backups unless these are expressly part of a maintenance contract. In case of data loss the contractor is only liable for the effort that restoring would have required with proper backups.

§ 12 Confidentiality and data protection

Both parties treat confidential information of the other party, in particular access data, confidentially. If the contractor processes personal data on behalf of the client (e.g. for hosting or maintenance), the parties conclude a data processing agreement under Art. 28 GDPR. Information on processing on this website is given in the privacy policy.

§ 13 Termination

If the client terminates a contract for work before completion, the contractor may claim the agreed fee less saved expenses (Section 648 German Civil Code). The right of both parties to terminate for good cause remains unaffected.

§ 14 Consumers

If the client is a consumer and the contract is concluded exclusively by means of distance communication, the client has a statutory right of withdrawal. The withdrawal instructions and the model withdrawal form are sent with the quote. If the client wants work to begin before the withdrawal period ends, they must expressly request it.

The contractor is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

§ 15 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers this choice of law applies only insofar as it does not deprive them of mandatory protection under the law of the state of their habitual residence.

If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the contractor's place of business.

Should individual provisions of these terms be invalid, the validity of the remaining provisions is unaffected. The statutory provision takes the place of the invalid one.

Questions about these terms: info@sidarediz.com.