Translation provided for your understanding. German is the binding source; if a translation differs from the German version, the German version prevails for interpretation. Mandatory requirements on language, transparency and consumer protection under the applicable law remain unaffected.
General Terms and Conditions
Thomas Dimashki Digital Services
As of: 04.10.2026 (Version 003)
§ 1 Scope of Application
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts for the provision of web design, web development, hosting, and maintenance services (hereinafter "Service Agreements") between
Thomas Dimashki
Thomas Dimashki Digital Services
c/o Autorenglück #74480, Albert-Einstein-Straße 47, 02977 Hoyerswerda, Deutschland
Email: contact@selixweb.io
Telephone: +49 30 7566 5700
USt-IdNr.: DE454858523
(hereinafter "Provider")
and the customer (hereinafter "Customer") who concludes a Service Agreement via the platform https://selixweb.io.
(2) These GTC apply to consumers and to customers who do not act as consumers. Where German law governs the classification, a consumer is a natural person who concludes the contract for purposes that are predominantly outside their commercial or independent professional activity (§ 13 BGB). In these GTC, all customers who do not act as consumers when concluding the specific contract are referred to as non-consumers. Where individual provisions apply exclusively to entrepreneurs within the meaning of § 14 BGB, merchants or other customer groups defined by law, this is expressly indicated.
(3) These GTC govern exclusively Service Agreements (web hosting, maintenance, individual web development). The general use of the Website and the customer portal is governed by the separate Terms of Use.
(4) Deviating, conflicting, or supplementary general terms and conditions of the Customer shall only become part of the contract if the Provider has expressly agreed to their application in writing.
(5) The Provider is subject to the small business regulation (Kleinunternehmerregelung) pursuant to § 19 Abs. 1 UStG. Value-added tax is therefore neither shown nor charged.
§ 2 Conclusion of Contract
(1) The service descriptions and prices displayed on the Provider's website do not constitute a binding offer, but rather an invitation to submit an expression of interest (invitatio ad offerendum).
(2) The contract is concluded in the following steps:
a) Expression of Interest (Letter of Intent): The Customer selects a plan and the desired billing period (monthly or annually) and submits a non-binding expression of interest via the platform. This expression of interest does not yet constitute a contract and does not obligate the Customer to make payment.
b) Qualification and contract offer: The Provider reviews the expression of interest, clarifies the scope of services with the Customer where necessary and prepares a binding contract offer as a PDF document (hereinafter "Contract Document"). The Contract Document contains the specific service description, prices and term conditions and, where required by law, the information on the right of withdrawal applicable to the Customer and the legally required model withdrawal form. The Provider signs the Contract Document in advance.
c) Contract acceptance: The Customer accepts the Contract Document signed by the Provider by signing it — by hand and then sending the signed document to the Provider, or electronically through a signature service — and returning it to the Provider. The contract is concluded when the Contract Document signed by the Customer reaches the Provider. Payment is not a condition for concluding the contract.
d) Payment: The amounts that the Contract Document states as due on conclusion of the contract are payable after the contract is concluded. Payment is processed through the payment service provider used by the Provider.
e) Start of performance: The start of performance is set out in the Contract Document (after receipt of the payment due on conclusion of the contract, or after the number of days stated there). Where a consumer has a right of withdrawal and performance is to begin before the withdrawal period expires, it begins only if the consumer has expressly requested it or expressly consented to it.
(3) If the Customer fails to respond to queries from the Provider during the qualification process within a reasonable period, the expression of interest shall be treated as withdrawn. No payment obligation arises.
(4) The Customer has the option to withdraw the expression of interest free of charge at any time until the Contract Document is signed.
§ 3 Description of Services
(1) The Provider offers managed website plans in the areas of web design, web development, web hosting, and maintenance. The specific plan selected by the Customer and its features are defined in the individual Contract Document.
(2) The Service Agreement comprises two legally distinct service components:
a) Works contract services (§§ 631 ff. BGB): One-time services such as initial setup, individual web design, customer-specific development work, and configuration. These services are directed towards the production of a specific work.
b) Service contract services (§§ 611 ff. BGB): Ongoing services such as web hosting, maintenance, technical support, and operation of the web presence. These services are provided on a continuous and ongoing basis.
(3) Depending on the contract, the Provider makes available one or two environments:
a) Acceptance environment (UAT): A pre-production environment in which the Customer can view and comment on progress. The start of performance is determined by the Provider's actual commencement of project-related activities; the provision of the acceptance environment is not a prerequisite for the start of performance.
b) Production environment: The publicly accessible web presence reachable by end users.
(4) The Provider operates the hosting infrastructure. Details regarding hosting, availability, and any service levels are agreed exclusively in the Contract Document.
(5) Payment processing is handled by the payment service provider Stripe. The Provider is not required to provide its own payment infrastructure.
(6) Where services provided to a consumer are to be classified as digital content or digital services within the meaning of §§ 327 ff. BGB or as a consumer contract for the production of digital products within the meaning of § 650 Abs. 2 BGB, the mandatory special statutory provisions for these apply. In a consumer contract under § 650 Abs. 2 BGB, §§ 327 ff. BGB replace §§ 633 bis 639 BGB in particular with regard to rights in case of defects; § 640 BGB does not apply in this respect.
§ 4 Prices and Payment
(1) The prices agreed at the time of conclusion of the contract as set out in the Contract Document apply. The Provider is subject to the small business regulation (Kleinunternehmerregelung) pursuant to § 19 Abs. 1 UStG; value-added tax is not charged. All invoices shall bear the notice "Umsatzsteuer wird gemäß § 19 Abs. 1 UStG nicht erhoben".
(2) The remuneration consists of the following components:
a) One-time setup fee: The due date follows the payment schedule agreed in the Contract Document. Advance and instalment payments are requested from consumers only to the extent permitted by law. Where § 632a BGB applies, instalment payments are based on the value of the services performed and owed in accordance with the contract.
b) Ongoing fee (monthly or annual): Due at the beginning of each billing period. For monthly billing, payable monthly in advance; for annual billing, payable for the entire annual period in advance.
c) One-time add-on services: The due date is governed by the Contract Document. Where, in relation to a consumer, the service is a works service, the statutory limits for advance and instalment payments apply accordingly as under a).
d) Ongoing add-on services: Due together with the ongoing fee.
e) Individual works services: Billed according to the time spent at the hourly rate agreed in the Contract Document.
(3) Payment is made exclusively via the payment service provider Stripe. The Customer ensures that a valid payment method is properly on file.
(4) If the Customer falls into arrears with payment, the statutory rules on default apply. Following an unsuccessful reminder with a reasonable grace period, the Provider may suspend the provision of services until payment is received (right of retention pursuant to § 273 BGB). Suspension of service does not release the Customer from their payment obligation.
(5) Traffic volume in excess of the volume included in the plan is billed separately in accordance with § 13 of these GTC.
§ 5 Term and Termination
Monthly Billing
(1) For monthly billing, the contract has an initial term of one month. It renews automatically for one further month at a time, unless terminated before the end of the current billing period. Termination may be declared at any time and takes effect at the end of the current billing period.
Annual Billing
(2) For annual billing, the contract has an initial term of twelve months. Termination may be declared at any time — including during the initial term — and takes effect at the end of the current twelve-month billing period. After expiry of the initial term, the contract transitions to a monthly continuation at the then-applicable monthly price; from that point, paragraph 1 applies.
(3) The provision of paragraph 2 complies with the requirements of § 309 Nr. 9 BGB: the initial term does not exceed two years, after the initial term there is no tacit renewal for a further fixed term, and there is no notice period — termination always takes effect at the end of the current billing period.
Form of Termination
(4) Termination must be in text form (§ 126b BGB). It may be submitted by email to contact@selixweb.io or via the customer dashboard.
(5) Cancellation button (§ 312k BGB, where applicable): Where § 312k BGB applies, the Provider makes available on the website a permanently available, directly and easily accessible cancellation button with a legally permissible unambiguous label, together with the legally required confirmation page and confirmation button. The Provider confirms receipt of the cancellation without delay by electronic means in text form. The legally required cancellation option is not provided exclusively behind a login in the customer dashboard.
Extraordinary Termination
(6) The right of either party to terminate extraordinarily for good cause pursuant to § 314 BGB remains unaffected. Good cause exists in particular where:
a) the Customer is in arrears with payment of fees due despite two reminders;
b) the Customer repeatedly violates the acceptable use policy (§ 12) despite a warning;
c) the Provider fails to render the agreed service for a period of more than 30 consecutive days without a case of force majeure;
d) insolvency proceedings are opened over the assets of a party, or the opening of such proceedings is rejected for lack of assets.
Consensual Early Termination (Annual Contracts Only)
(7) During a current annual contract term, the parties may agree on a consensual early termination if a legitimate interest of the Customer exists (e.g. cessation of business, regulatory order to shut down the web presence). This provision constitutes a goodwill arrangement and does not create any legal entitlement.
a) From the date of agreement, the Customer is charged for two further months at the pro-rated annual price.
b) The remaining balance of the annual fee paid in advance is refunded to the Customer.
c) Example: Annual term 16.05.2026 to 15.05.2027, consensual termination on 13.12.2026 — billing through 15.02.2027, refund of the remaining three months (16.02. to 15.05.2027).
(8) Paragraph 7 does not apply where a party has a statutory right to immediate termination (in particular § 314 BGB or § 648a BGB). Statutory termination rights take precedence over contractual provisions.
§ 6 Price Adjustments
Annual Adjustment Based on Consumer Price Index
(1) The Provider is entitled to adjust the ongoing fees once per year in line with the development of the Consumer Price Index for Germany (Verbraucherpreisindex, VPI), published by the Federal Statistical Office (Destatis). The relevant figure is the percentage change in the VPI compared to the twelve months preceding the adjustment.
(2) Price adjustments are symmetric: if the VPI decreases, the price reduction is passed on to the Customer equally.
(3) For contracts with annual billing, the adjustment takes effect only at the start of the next contract term. Price increases during a current annual contract term are excluded.
Extraordinary Cost Adjustment
(4) In the event of demonstrable, significant changes (increases or decreases) in the Provider's infrastructure costs that go beyond the VPI adjustment, an additional proportionate adjustment is permissible. Infrastructure costs include in particular:
a) Hosting and cloud services (e.g. Cloudflare, Supabase);
b) Email services (e.g. Migadu);
c) Payment processing (e.g. Stripe fees);
d) Domain and SSL costs.
(5) The extraordinary cost adjustment may only reflect the proportional share of actual cost changes attributable to the individual Customer (total cost change divided by the number of active customers in the affected plan). Double-counting of cost increases already covered by the annual VPI adjustment is not permitted.
(6) Cost reductions are passed on to the Customer in the same manner as cost increases.
Notice and Special Right of Termination
(7) Any price adjustment will be communicated to the Customer in text form (email) at least six weeks before it takes effect. The notice shall contain the current and new price as well as the basis for the adjustment (VPI development or evidence of cost change).
(8) The Customer has a special right of termination in the event of any price increase. The special termination must be declared in text form within four weeks of receipt of the notice. If the Customer exercises their special right of termination, the contract ends at the time the price increase would have taken effect; until that point the previous price applies. If the Customer does not terminate within the deadline, the price adjustment is deemed approved.
§ 7 Right of Withdrawal for Consumers
(1) Consumers have the statutory withdrawal rights under the law applicable in each case. For consumers whose habitual residence is in a member state of the European Union, the withdrawal period for the distance services offered here is generally fourteen days; the details, the information on the right of withdrawal, the form and the legal consequences are governed by the applicable national law. Mandatory statutory consumer rights remain unaffected. These GTC do not create any independent or additional contractual right of withdrawal. Where German withdrawal law applies, the right of withdrawal is governed in particular by §§ 312g, 355 ff. BGB; only in that case does the information on the right of withdrawal in § 8 of these GTC apply.
(2) Customers who do not act as consumers when concluding the contract have no statutory consumer right of withdrawal. For these customers, the contractual termination rules under § 5 of these GTC apply in particular, together with any other mandatory statutory rights.
(3) Where German withdrawal law applies, the right of withdrawal for ongoing services does not expire merely because performance begins during the withdrawal period. Early expiry is governed by the statutory requirements, in particular § 356 Abs. 5 und 6 BGB. Where other law applies to the right of withdrawal, the start of performance, any compensation for the value of services already performed and the expiry of the right of withdrawal are governed exclusively by that law.
(4) Where German withdrawal law applies and, at the consumer's request, performance of a paid service is to begin before the withdrawal period has expired, the consumer is asked separately, before performance begins, to make the following declaration:
"I expressly request and expressly agree that the Provider begins performance before the withdrawal period has expired. I am aware that, if I withdraw, I may owe compensation for the value of services already performed up to the withdrawal, to the extent that the statutory requirements are met. I also confirm that I am aware that, for a paid service contract that the Provider has fully performed, my right of withdrawal expires if the Provider began performance before the end of the withdrawal period on the basis of my express consent."
The consumer must make this declaration separately and actively. Where other law applies to the right of withdrawal, only the declaration required under that law is used.
(5) If the consumer withdraws after performance has begun, the Provider is entitled to compensation only to the extent that the statutory requirements are met. Where German law governs, compensation is governed in particular by § 357a BGB.
(6) The nature and amount of any compensation claim are determined by the mandatory statutory provisions. No flat-rate calculation deviating from them is agreed.
(7) In the event of an effective withdrawal, refunds are made in accordance with the applicable statutory provisions.
(8) Where the statutory requirements for an electronic withdrawal function apply to the contract, the Provider makes it available during the legally required period in accordance with the statutory requirements.
§ 8 Information on the Right of Withdrawal under German Law
The following information on the right of withdrawal applies exclusively where German law governs the right of withdrawal under this contract and the consumer accordingly has a right of withdrawal pursuant to §§ 312g, 355 BGB. It does not create an independent contractual right of withdrawal.
Information on the Right of Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Thomas Dimashki, trading as Thomas Dimashki Digital Services, c/o Autorenglück #74480, Albert-Einstein-Straße 47, 02977 Hoyerswerda, Deutschland, telephone: +49 30 7566 5700, email: contact@selixweb.io) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.
You may also exercise your right of withdrawal online at https://selixweb.io/withdrawal. If you use this online function, we will send you without delay, on a durable medium (e.g. by email), an acknowledgement of receipt containing the content of the withdrawal statement and the date and time of its receipt.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full scope of the services provided for in the contract.
§ 9 Model Withdrawal Form (only where § 8 applies)
The following model withdrawal form is provided exclusively for contracts to which § 8 of these GTC applies. It does not create an independent or additional contractual right of withdrawal.
(If you wish to withdraw from the contract, please complete and return this form.)
To:
Thomas Dimashki
Thomas Dimashki Digital Services
c/o Autorenglück #74480, Albert-Einstein-Straße 47, 02977 Hoyerswerda, Deutschland
Email: contact@selixweb.io
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service:
— Description of the service: ______________________
— Ordered on (*) / received on (*): ______________________
— Name of the consumer(s): ______________________
— Address of the consumer(s): ______________________
— Signature of the consumer(s) (only if notified on paper): ______________________
— Date: ______________________
(*) Delete as applicable.
§ 10 Works Contract and Individual Services
(1) Individual project services, in particular individual web design, customer-specific development and configuration, are, where German law applies, generally subject to the law on contracts for work. However, where the requirements of § 650 Abs. 2 BGB or §§ 327 ff. BGB are met in a consumer contract, the special rules provided for there apply. In particular, in the cases covered by § 650 Abs. 2 BGB, §§ 633 bis 639 BGB and § 640 BGB do not apply to the digital services concerned.
(2) The hourly rate for individual works services is as agreed in the Contract Document.
(3) Termination of individual works services (§ 648 BGB): Where German law applies to the works service, the Customer may terminate the contract for work at any time until completion in accordance with § 648 BGB. The remuneration consequences are governed by § 648 Satz 2 und 3 BGB. No flat-rate limitation of the statutory remuneration claim deviating from this in favour of the Customer is agreed. Mandatory deviating provisions of the applicable consumer law remain unaffected.
(4) The Provider keeps internal time records for each project to the extent necessary or expedient for documenting performance.
§ 11 Setup Fee
(1) The one-time setup fee covers the initial establishment of the web presence, including server provisioning, domain setup, initial configuration, and where applicable, initial design. The due date is governed by § 4 Abs. 2 Buchstabe a of these GTC and the payment schedule agreed in the Contract Document.
(2) During an applicable statutory withdrawal period: If the consumer validly withdraws, any compensation for services already rendered is governed exclusively by the statutory provisions of the law applicable to the right of withdrawal. Where German law governs, § 357a BGB applies in particular. No deviating flat-rate calculation is agreed.
(3) After expiry or extinction of a right of withdrawal: After expiry or extinction of an applicable right of withdrawal, or where no such right of withdrawal exists, remuneration, the consequences of termination and any repayment claims relating to the setup service are governed by § 10 of these GTC and the statutory provisions. Statutory rights in case of defects remain unaffected.
§ 12 Acceptable Use Policy
(1) The web presence provided by the Provider may only be used for the purpose agreed in the Contract Document. In particular, use of the web presence for the following purposes is prohibited:
a) as an image hosting service (embedding of images by third parties, known as hotlinking);
b) as a file hosting or file sharing platform;
c) as a CDN source (Content Delivery Network) for third-party applications;
d) for cryptocurrency mining or other computationally intensive background processes;
e) for the dissemination of unlawful content, in particular content that is unlawful under German criminal law or the Digitale-Dienste-Gesetz (DDG).
(2) Enforcement: In the event of violations of this acceptable use policy, the following escalation procedure applies:
a) Warning: The Provider notifies the Customer in writing of the violation and grants a reasonable remedy period of at least seven days.
b) Throttling or suspension: If the remedy is not carried out within the period, the Provider is entitled to throttle or suspend the service temporarily.
c) Extraordinary termination: In the event of repeated or serious violations, the Provider is entitled to extraordinary termination for good cause pursuant to § 314 BGB.
(3) Excess traffic volume caused by unauthorised use is billed at the applicable overage fee pursuant to § 13, regardless of the volume included in the plan.
§ 13 Traffic Volume and Overage
(1) The monthly fee includes the data transfer volume (traffic) agreed in the Contract Document per calendar month.
(2) In the event that the included transfer volume is exceeded, the overage fee as agreed in the Contract Document applies. Billing takes place in the subsequent billing period or as a separate invoice.
(3) Transfer volume is measured server-side (CDN-based). The Provider shall make usage reports on traffic consumption available to the Customer upon request.
(4) The Customer will be automatically notified when the notification thresholds defined by the Provider for the included transfer volume are reached.
(5) In the event of persistent overage of the included volume (three or more consecutive months), the Provider may recommend a plan change to the Customer. No throttling of the service occurs due to traffic volume overage; throttling is reserved for violations of the acceptable use policy (§ 12).
§ 14 Plan Changes
Change from Monthly to Annual (Upgrade)
(1) A change from monthly to annual billing is possible at any time. By making the change, the Customer commits to a new twelve-month contract term at the annual price. Unused days of the current month are credited pro-rata against the annual payment. The change is documented by a contract supplement and confirmed to the Customer by email.
Change from Annual to Monthly (Downgrade)
(2) A change from annual to monthly billing is not possible during the current twelve-month contract term, as the Customer has made a binding commitment for that term. After expiry of the twelve-month initial term, the contract automatically transitions to monthly continuation at the monthly price (§ 5 Abs. 2). The Customer may choose to commit to an annual term at the annual price at any time.
§ 15 Warranty and Liability
Warranty
(1) For works contract services, where German law applies and § 650 Abs. 2 BGB does not apply, the statutory rights in case of defects under the law on contracts for work apply. For consumer contracts concerning digital products or the production of digital products, provision, conformity with the contract, updates and rights in case of defects are governed, where provided for by law, by §§ 327 ff. BGB.
(2) For other service contract services, the statutory provisions and the service requirements agreed in the Contract Document apply. Statutory duties to inspect and give notice of defects, in particular § 377 HGB, remain unaffected.
Liability
(3) The Provider is liable without limitation for damages arising from injury to life, body, or health that are based on a negligent or intentional breach of duty by the Provider or its vicarious agents.
(4) The Provider is liable without limitation for damages based on intentional or grossly negligent conduct by the Provider or its vicarious agents.
(5) In the event of a breach of material contractual obligations (cardinal obligations) whose fulfilment is essential for the proper performance of the contract and on whose observance the Customer may regularly rely, the Provider is also liable for slight negligence, but limited in amount to the foreseeable damage typical for this type of contract. In this case, liability is capped at the amount of remuneration paid by the Customer in the preceding twelve months, subject to a minimum of 350,00 EUR.
(6) Otherwise, the Provider's liability for slight negligence is excluded.
(7) The liability limitations of paragraphs 5 and 6 do not apply to claims under the Produkthaftungsgesetz (Product Liability Act), in cases of fraudulent concealment of a defect, or where a guarantee has been assumed.
(8) The Provider is not liable for the loss of Customer data to the extent that the Customer has failed to carry out reasonable independent data backups. The Provider advises the Customer that regular independent data backups are recommended.
(9) To the extent that the Provider's liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and vicarious agents.
§ 16 Intellectual Property
(1) Pre-existing rights: Each party retains the rights to their pre-existing intellectual property rights (e.g. the Provider's source code frameworks, the Customer's content and trademarks). The contract does not effect a transfer of pre-existing rights.
(2) Content created under the contract: To the extent that the Provider holds rights in copyright-protected work results created individually for the Customer, the Provider grants the Customer, upon full payment of the remuneration owed for them, the rights of use required for the contractual use of the agreed web presence. Their nature, scope, territorial and temporal reach are determined by the purpose of the contract and any provisions in the Contract Document. Pre-existing rights, frameworks, libraries, templates, standard components, tools and general know-how of the Provider are not included.
(3) Provider's right of use: The Provider is granted a non-exclusive, non-transferable right of use in the content provided by the Customer, limited in time to the contract term, to the extent necessary for the performance of the contract.
(4) Right of reference: The Provider is entitled to reference the web presence created for the Customer in its portfolio, unless the Customer objects. The objection may be raised informally at any time.
(5) Source code buyout: On the basis of a separate buyout agreement and against separate remuneration, the Provider may hand over to the Customer the agreed source code, including the agreed repository contents and documentation, and grant more extensive rights of use in it, in particular exclusive rights unlimited in territory and time, to the extent the Provider is entitled to do so. The scope and subject matter of the buyout and any transition services are set out in the buyout agreement. Pre-existing frameworks, libraries, templates, standard components, tools, general know-how, non-transferable moral rights and third-party rights are included only to the extent expressly agreed and legally permissible.
§ 17 Data Protection
(1) The Provider processes the Customer's personal data exclusively within the framework of applicable data protection regulations, in particular Regulation (EU) 2016/679 (Datenschutz-Grundverordnung, DSGVO) and the Bundesdatenschutzgesetz (BDSG).
(2) The nature, scope, and purpose of the processing of personal data, as well as the rights of data subjects, are set out in the Provider's separate Privacy Policy, available at https://selixweb.io/legal/privacy-policy.
(3) Where the Provider processes personal data on behalf of the Customer in performing the contract (processing on behalf within the meaning of Art. 28 DSGVO), the parties conclude a separate data processing agreement (AVV) before that processing begins. Processing on behalf starts only after that agreement has been concluded and requires it to remain in force for the whole of that processing.
(4) The Provider engages sub-processors for the provision of its services (e.g. hosting providers, payment service providers). A current list of sub-processors is contained in the Privacy Policy.
§ 18 Post-Contractual Provisions and Data Export
Deactivation of the Web Presence
(1) Upon the effective end of the contract (expiry of the billing period after termination takes effect), the Customer's web presence is taken offline immediately.
(2) If, after completing the reminder procedure pursuant to § 4 Abs. 4 of these GTC (unsuccessful reminder with a reasonable grace period), the Customer is in payment default, the Provider is entitled to take the web presence offline three days after expiry of the grace period set in the reminder. The payment obligation remains unaffected.
Data Export and Data Return
(3) The type, scope, formats, and timelines for commercial data export (content, media files, database extracts) are governed by the individual Contract Document.
(4) To the extent that the Provider processes personal data on behalf of the Customer (Art. 28 DSGVO), the return and deletion of such data are governed by the separate Data Processing Agreement (Auftragsverarbeitungsvertrag, AVV).
(5) Mandatory statutory claims of a consumer to the provision of content after termination of a contract for digital products remain unaffected. Where § 327p Abs. 3 BGB applies, the content covered there is made available to the consumer on request free of charge, without hindrance, within a reasonable period and in a commonly used and machine-readable format. The provisions on commercial data export in the preceding paragraphs do not restrict this statutory claim.
§ 19 Amendments to the GTC
(1) The Provider is entitled to amend these GTC for future contract periods where this is required due to changes in legislation, supreme court decisions, changed market conditions, or the further development of the range of services.
(2) Amendments to the GTC do not take effect by means of unilateral declaration. The Provider expressly waives a unilateral right of amendment within the meaning of § 308 Nr. 4 BGB.
(3) Instead, the following procedure applies:
a) The Provider publishes the new version of the GTC on the Website and notifies all active Customers by email of the changes. The notification shall contain a comparison of the material changes.
b) The Customer is asked to actively accept the new version of the GTC.
c) If the Customer accepts the new version, it applies from the start of the next billing period.
d) If the Customer rejects the new version or does not respond, the last accepted version of the GTC continues to apply until the end of the current contract term. At the latest upon the next contract renewal, the Customer must accept the current version of the GTC in order to continue the contract.
(4) Each version of the GTC is identified by a version number and an effective date. The Customer's acceptance of a particular version of the GTC is recorded with a timestamp and version number.
§ 20 Dispute Resolution
Pursuant to § 36 VSBG: We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer conciliation body (Verbraucherschlichtungsstelle).
§ 21 Final Provisions
(1) Applicable law: The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), unless otherwise provided below. No choice of law is made with regard to the existence, scope, period, exercise, extinction and legal consequences of a consumer's statutory right of withdrawal or the statutory information duties relating to it. The law applicable in this respect is determined by the statutory conflict-of-laws rules. Otherwise, in consumer contracts falling within the scope of Art. 6 (1) of Regulation (EC) No 593/2008 (Rome I), the choice of law may not have the result of depriving the consumer of the protection afforded by mandatory provisions of the law that would be applicable in the absence of a choice of law. Other mandatory provisions remain unaffected.
(2) Place of jurisdiction (B2B only): If the Customer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Hoyerswerda, to the extent permitted by law. Mandatory statutory places of jurisdiction remain unaffected.
(3) Place of jurisdiction (consumers): For consumers, the statutory international and local jurisdiction rules apply. Mandatory consumer places of jurisdiction remain unaffected. No jurisdiction agreement is made to the detriment of a consumer.
(4) Text form: Where these GTC require text form (§ 126b BGB), email in particular suffices, unless the law prescribes a stricter form.
(5) Invalid GTC provisions: If individual provisions of these GTC have not become part of the contract in whole or in part, or are invalid, the remainder of the contract remains valid. The statutory provisions take the place of invalid or non-incorporated provisions.
(6) Individual agreements and contract amendments: Individual contractual agreements take precedence over these GTC. Amendments and additions to the contract should be documented in text form for evidentiary purposes, unless the law prescribes a stricter form.
(7) Contract language and language versions: The contract language is German. Where the Customer is provided with translations of this contract, these GTC or other contract documents, they help the Customer understand the documents. In the event of discrepancies between a translation and the German version, the German version is decisive for interpretation. Mandatory statutory requirements regarding language, transparency and consumer protection under the applicable law remain unaffected.
(8) Assignment (B2B only): If the Customer is an entrepreneur within the meaning of § 14 BGB, the Customer may assign or transfer rights and obligations under this contract to third parties only with the Provider's prior consent, to the extent permitted by law. Statutory provisions on the assignability of monetary claims and cases of statutory universal succession remain unaffected.