The following General Terms and Conditions shall serve as the basis for regulating the conditions under which neu-protec provides the services.
These General Terms and Conditions (hereinafter referred to as GTC) are an integral part of all contracts and offers in written and electronic form with neu-protec (Thomas Perke) in Hamburger Str. 43, 40221 Düsseldorf (hereinafter referred to as neu-protec) and the Client (hereinafter referred to as Client).
These GTC shall apply to all current and future projects and their services provided by neu-protec to the Client, even if no express reference is made to the GTC when the contract is concluded.
The subject matter and scope of the services are set out in the relevant offers and contracts.
2. offer and price quotations
Offers made by neu-protec shall be valid for 14 days from the date of issue. The price quotations in an offer, in any other written form as well as on the website of neu-protec shall be understood in accordance with the Value Added Tax Act, VAT-exempt services in accordance with §19 UStG.
3 Conclusion of a contract
The conclusion of a contract for the creation of a new website shall be preceded by a non-binding initial meeting between neu-protec and the client. For this purpose, an order shall be deemed to have been placed when neu-protec submits a written offer to the client and this offer has been issued in full by e-mail within 14 days of the date of issue, and an initial invoice for a discount of 35% has been paid.
Subsequent changes to the scope of the order by the client, requires written approval by neu-protec.
4. subscribed service contracts
A service contract is offered within the framework of an annual subscription. The price of a subscription shall be published on neu-protec’s homepage.
A service contract includes:
Telephone and email support
monitoring for technical problems on the part of the customer’s website (technical problems of your hosting provider are excluded)
monthly data backup of the website
small changes in the content, already existing pages, like adding, replacing or removing up to 2 images and up to 2 text passages monthly
after a possible failure of the website, it will be restored
5. duties of the client
The Client shall ensure that the graphics, texts (contents) and documents transmitted for the implementation of the order do not violate any copyrights or other rights of third parties. neu-protec shall not be liable for violations of these rights. The responsibility lies solely with the Client.
Furthermore, the Client shall provide the information and files required for the realization of the project in a timely manner. If, unless otherwise, neu-protec has been commissioned by the Client to provide the content.
After delivery and approval of a first draft, changes in content as well as graphic and format related changes are subject to a charge.
6. performance deadlines
Specified concept or completion dates are considered guidelines, but are not binding.
If, in addition, the Client fails to provide content on time, so that the deadline for the completion of the commissioned project cannot be met in a timely manner, or if this circumstance makes the finalization of the project significantly more difficult or impossible, neu-protec shall be entitled to dissolve the contract with all agreements. The services rendered up to that point shall be invoiced at 35% of the previous offer.
7. copyright notices and references
(1) The Customer shall grant neu-protec the right to include the neu-protec logo and an imprint on the Customer’s websites and to link these websites to each other and to neu-protec’s website. The Client shall adopt all protective notes such as copyright notes and other reservations of rights unchanged. This shall also apply in particular to the references to the author made in the program code.
(2) neu-protec reserves the right to use services rendered, such as designs and objects, even if they are based on templates provided by the Client, for presentation purposes, in particular to include the Client’s website in a reference list for advertising purposes and to set corresponding links.
8. delivery of the invoice
The invoices will be sent to the client by email, as an attachment with two partial invoices of 35% and 65%. In each case before the start of work and before the publication of the order on the domain of the client. This concerns orders without continuous support.
Unless otherwise agreed in writing, service contracts with a performance period over a longer period, as well as installment payments monthly or annually, are always invoiced in advance.
Unless otherwise agreed, invoices will be sent to the client by e-mail (in PDF format) or by post. Electronic invoices are provided with a qualified digital signature, which guarantees the authenticity of the document. Electronically sent documents with such a signature are legally equivalent to original documents in paper form.
a) For the creation of a new website
Before the start of the work, a first advance payment in the amount of 35% of the agreed amount for the service for the creation of a new web page is to be paid. The payment of the final invoice in the amount of the remaining 65% is to be paid after completion of the website and before transfer to the domain of the client. If the order is not completed within 3 months after placing the order (caused by the client), the remaining 70% is to be paid.
b) For other services
Unless otherwise agreed in writing, the invoice is due for payment no later than 14 days from the date of invoice and without deductions. In the event of non-compliance with the payment deadline, interest on arrears in the amount of 10% and reminder fees in the amount of 4,- Euro per reminder will be charged.
10. property and reservation
The service shall remain the property of neu-protec until it has been paid for in full.
Termination (withdrawal) of an order that has come into effect is possible at any time and without giving reasons and must be sent in writing to email@example.com.
The notice of cancellation must contain an unambiguous declaration (e.g. the decision to cancel the contract for the creation of a website).
a) Cancellation for services for the creation of a new website
The services provided until then will be invoiced at 50% of the previous offer. The basis of the invoice amount shall be the offer previously sent by neu-protec and accepted by the Client. Termination shall take effect immediately. Longer-term service contracts are excepted, which are regulated separately below.
b) Termination of long-term service contracts
Long-term service contracts have a term of one year, beginning after receipt of payment. The termination by the client, long-term performance contracts can be made without giving reasons, at any time in writing to firstname.lastname@example.org. Repayments will not be made before the expiration of a service contract.