Terms of Service
The following general terms and conditions (GTC) form part of all contracts with bertrams-media, An der Kant 18H, 52134 Herzogenrath, hereinafter referred to as the provider.
The provider provides all services based on these terms and conditions. With the use of the service, these conditions are considered accepted. They also apply to all future business relationships, even if they have not been expressly agreed again.
The provider reserves the right to change or supplement these general terms and conditions after a reasonable period of notice. The announcement is made on the Internet at www.bertrams-media.de/agb/. If a customer objects to the changed terms and conditions within two weeks of publication, the provider is entitled to terminate the contract on the date on which the new terms and conditions are to come into force.
The first meeting is free of charge for new customers and non-binding for both parties. If the customer wishes, the provider will prepare a non-binding, non-binding offer and an estimate based on the initial information.
4. Obligations of the provider
The provider undertakes to produce a usable web page in HTML format and to hand it over to the customer by email or on a data carrier (diskette).
(1) The provider provides his contractual services in three phases in accordance with the following paragraphs 2 to 4.
(2) Concept phase: The provider draws up a concept for the structure of the presentation based on customer information. This includes a directory on the hierarchical structure of the individual pages and the navigation structure (sitemap).
(3) Design phase: After completion of the concept and approval by the customer, the provider creates a basic version of the website based on the approved concept. The basic version must show the basic structure of the presentation, have the essential design features and have the necessary basic functionality. This includes in particular the functionality of the navigation.
(4) Realization phase: After completion of the basic version and its approval by the customer, the final version of the presentation is created.
5. Customer obligations
(1) The customer provides the provider with the content that is to be integrated into the website. The customer is solely responsible for the production of the content. This includes all texts, images, graphics, logos and tables. He ensures that the material he supplies is free of third party rights.
(2) The customer provides the provider with the components to be integrated in electronic form. Texts are to be transferred as .txt, .html or .doc files, image data in the formats .jpg, .jpeg, .gif or .png.
(3) The customer provides the provider with the title as well as meta tags and descriptions for the individual pages so that they can be integrated into the HTML code of the page.
(4) As soon as the provider has created a concept that meets the contractual requirements, the customer will release this concept in writing by email.
(5) After the provider has created a basic version of the presentation that meets the contractual requirements, the customer undertakes to approve the basic version by means of a written declaration (email).
After completion of the presentation, the customer is obliged to accept the presentation if the presentation meets the contractual requirements. This acceptance must be made in writing.
7. Payment method
(1) After the approval of the concept by the customer (GTC 5.4), one third of the total of the cost estimate plus the statutory value added tax is due immediately and without deduction.
(2) After completion and approval of the basic version (GTC 5.5), the second third of the total of the cost estimate plus the statutory value added tax is due immediately and without deduction.
(3) After completion of the entire presentation and final acceptance (GTC 6), the provider will invoice the customer for the contractually owed remuneration. The final invoice is due for payment within 14 working days. The day of receipt of payment is decisive.
In the event of default, the provider is entitled to charge standard bank interest. If a correct direct debit is returned, a processing fee of EUR 7 will be charged in addition to the bank charges incurred.
8. Warranty and liability
The provider is liable for defects in the website in accordance with the statutory provisions.
The provider is not responsible for the content provided by the customer. In particular, the provider is not obliged to check the content or presentation for possible legal violations.
In the event of slight negligence, the provider is only liable if essential contractual obligations are violated. Otherwise, the pre-contractual, contractual and non-contractual liability of the provider is limited to intent and gross negligence.
This text is based on a sample contract from contractual text.de.Vertragstexte.de is a service of the law firm Härting.Copyright: law firm Härting, Gipsstrasse 2, 10119 Berlin, Tel. (030) 28 30 57 40, fax (030) 28 30 57 44, e-mail