General Terms and Conditions
§ 1 Scope
These General Terms and Conditions apply to all contracts between Viktor Diubariev, Webchemist, Bahnhofstraße 14, 53783 Eitorf (the "Contractor") and the Client regarding the conception, design, development and maintenance of websites as well as AI-supported automation services.
The services are directed exclusively at entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law. No contracts are concluded with consumers within the meaning of § 13 BGB.
Deviating terms of the Client do not become part of the contract unless the Contractor expressly agrees to them in text form.
§ 2 Conclusion of Contract
Offers made by the Contractor are non-binding. A contract is concluded upon order confirmation in text form or upon commencement of the work. Verbal side agreements require confirmation in text form to be effective.
§ 3 Scope of Services
The scope of services follows from the offer or the order confirmation. Two rounds of revisions are included in the agreed fixed price.
Changes, extensions or additional rounds of revisions beyond this are billed separately according to effort at € 75.00 net per hour. The Contractor points out that such work is chargeable before beginning it.
§ 4 Client Obligations to Cooperate
The Client provides all required content — in particular texts, images, logos and access credentials — in good time and in full.
The Client warrants that they hold the necessary rights to the materials provided and indemnifies the Contractor against third-party claims arising from any infringement relating to those materials.
Delays for which the Client is responsible extend agreed deadlines accordingly.
§ 5 Prices and Payment Terms
All prices are final prices. No VAT is charged or shown separately, in accordance with § 19 Para. 1 UStG.
50 % of the order value is due upon order confirmation, the remaining 50 % after acceptance. Invoices are payable in full within 14 days of the invoice date. The statutory rules on default apply.
§ 6 Dates and Deadlines
Dates are binding only if they have been expressly agreed as binding in text form. If performance is delayed for reasons the Contractor is not responsible for, the deadlines are extended by the duration of the impediment.
§ 7 Acceptance
The Contractor makes the completed work available for acceptance. The work is deemed accepted if the Client does not report significant defects in text form within 14 days of provision, or if the Client uses the work productively.
Insignificant defects do not entitle the Client to refuse acceptance.
§ 8 Rights of Use
Upon full payment of the agreed remuneration, the Client receives the right, unrestricted in time and territory, to use the work results for the contractually agreed purpose.
Until payment has been made in full, all rights remain with the Contractor.
Rights to frameworks, libraries, fonts and third-party image material used are governed by their respective licence terms; they are not transferred.
§ 9 Reference
The Contractor is entitled to name the Client as a reference and to use an image and a link of the website created in their own portfolio and for marketing purposes.
The Client may object to this use at any time in text form; the presentation is then removed without delay.
§ 10 Liability
The Contractor is liable without limitation in cases of intent and gross negligence as well as for injury to life, body or health.
In cases of simple negligence, the Contractor is liable only for breach of a material contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Client may regularly rely; in such cases liability is limited to the foreseeable damage typical for this type of contract.
Liability for lost profit and for loss of data is excluded. The Client is responsible for backing up their own data.
§ 11 Hosting and Third-Party Services
Hosting, domains and other third-party services are governed by the terms of the respective provider. The Contractor accepts no liability for their availability. Ongoing costs for hosting, domains and licences are borne by the Client.
§ 12 Contract Term and Termination
Project contracts end upon acceptance. Continuing obligations — such as maintenance or support agreements — may be terminated by either party in text form with four weeks’ notice to the end of the month.
If the Client fails to meet their obligations to cooperate for more than three months despite being requested to do so, the Contractor is entitled to terminate the contract and invoice the services rendered up to that point.
§ 13 Data Protection
Both parties observe the requirements of the GDPR. Insofar as the Contractor processes personal data on behalf of the Client, a data processing agreement pursuant to Art. 28 GDPR is concluded.
§ 14 Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If the Client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the Contractor’s registered office.
Amendments and additions require text form. Should any provision be invalid, the validity of the remaining provisions remains unaffected.
The German version of these terms is authoritative; translations serve information purposes only.
Last updated: August 2026 — informational translation, the German version is binding