The contract covers the supply of design and programming services by WEB9® for the customer. These conditions replace and take precedence over any prior written or oral representations given or made by the Company or its representatives, unless a written statement by the managing director of WEB9® is attached to an amendment to these terms and conditions. In accordance with the provision of all WEB9® services, the customer is deemed to have read and understood these GTCs.
The customer commissions WEB9® as an independent contractor for the specific project of developing and / or improving a website and / or developing print advertising materials, marketing and PR actions; hereinafter referred to as "the project". In the event that WEB9® works with the Customer's consent prior to the full conclusion of all contractual agreements and the Customer subsequently cancels, WEB9® will charge all reasonable fees, expenses and expenses for the work performed to date including the time associated with the suspension.
At the signing of this agreement, a deposit of 30% of the total estimated order value is required prior to commencement of work. Upon delivery of a first draft of the project outline to the client, a further 20% payment is required; these payments are followed by staged payments at the end of each stage or in equal instalments agreed with the client and WEB9® in writing at the time of signing.
Value added tax
If applicable, VAT will be added to the total price of all fees shown on the customer account. All prices quoted are exclusive of the applicable value added tax.
Liability of receivables
According to WEB9® standard terms of payment are due 7 days after invoicing or after written agreement with the customer at the time of signing the contract. After 14 days, interest on arrears (pA) of 2% above the respective base interest rate of the ECB shall accrue for outstanding amounts, which shall be offset against the outstanding claim.
Date of completion
WEB9® and the customer must work together to complete a project on time. We commit ourselves to work quickly to complete the project at the latest by the agreed time, which is determined from the contractual project duration after the complete submission of all necessary materials by the customer. If the customer fails to provide WEB9® with all supplies for this project within 30 days of signing this contract, the full amount of the contract shall become due. If the customer has not submitted and approved all necessary content within 60 days of signing this agreement, an additional follow-up fee of 15% of the total contract price will be charged for each month until "the project" is published or the customer cancels "the project" in writing.
Third party power
WEB9® may, from time to time, call upon additional services from a specialist in a specific field to meet the project objectives set. WEB9® shall invoice the customer for any payments made to external contractors. The due dates specified in the GTC shall apply.
If WEB9® has to conduct legal proceedings according to this contract, the customer assumes the liability for all WEB9® legal costs and expenses, regardless of the value of the claim, for damages. Any third party costs that WEB9® may incur as a result of processing the payment for the services shall be paid by the customer. All additional costs incurred by WEB9® in the course of the following instructions of the customer shall be borne by the customer. The due dates specified in the General Terms and Conditions shall apply.
The delivery of the project will be completed upon receipt of the payment associated with the delivery. Delivery may be by publication, electronic transmission or physical media. The customer is aware that for web design projects the contract may not include hosting services. Hosting services may require a separate contract or contract extension. The customer is solely responsible for commissioning all necessary hosting services. The customer assumes full responsibility for the use and functionality of the project results.
move of domains, services etc.
In the case of a transfer of web domains, services and storage space from another provider to WEB9®, the customer is solely responsible for checking the existing contracts and, if necessary, termination with the old providers. WEB9® cannot cancel the contracts of the customer in his name nor lie (with reference to the data protection) WEB9® Information about the exact number of contracts and their contents are available.
Cancellation by the customer
If the customer cancels the contract at any time, WEB9® reserves the right to charge full payment for all previous work, if WEB9® has completed more than 80% of the "project", WEB9® may demand full payment of the project at its sole discretion. All payments made by WEB9® on behalf of the customer are payable by the customer. In all cases of cancellation by the customer, a cancellation fee of 15% of the total contract value will be due to cover all administrative costs incurred at the time of closing. The due dates stated in the GTC shall apply.
On termination of this contract, the customer shall nevertheless remain liable for all fees due or payable according to this contract. Upon termination, WEB9® shall remove or destroy all customer materials and data stored on WEB9®'s computers and remove all customer access rights.
If the customer locks an annual contract for WEB9® services, then the payment becomes completely due at the beginning of the year. However, if the customer wishes to cancel before the end of the natural contract period, no refund will be granted for unused time. If the customer cancels his account within the service period, WEB9® will not refund any unused services of the account.
The customer accepts that WEB9® incurs costs after the start of the project and that contracts are concluded with third parties on behalf of the customer. Payments invoiced in this respect are valid for work performed or to be performed without the option of a refund.
Project content and implementation
The customer is solely responsible for the project content. WEB9® is not responsible for the proofreading of texts unless expressly agreed in writing. If customers supply WEB9® with goods, materials, photographs, films, data or information for use in any form, the customer guarantees that these do not violate the rights of third parties and indemnifies WEB9® from any liability if third parties take legal action.
Web Site Maintenance
This agreement allows for minor web site maintenance to pages over a one month period, up to an average of one half hour per regular web site, including updating lines and making minor changes to a sentence or paragraph. It does not include updating or replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by client repairs or web design projects delivered to the client via CD, DVD etc. The period of one month begins on the date the clients web design site has been published to client's hosting service. If the client's web design package includes database access using Server Side Script, then very minor page code changes will be accepted under this maintenance plan. Major page code and / or database structural changes will be charged at current hourly rates.
Suspension of Services
We reserve the right to suspend services in any cases where You fail to perform Your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us, websites may be taken down until payment is confirmed.
Ownership, Copyright, Trademarks, and Intellectual Property
All works developed by WEB9® shall remain the property of WEB9®. Until the client has fully satisfied all invoiced accounts. All copyright and intellectual property rights such as concepts, digital artwork and pieces of graphic art arising or produced in the performance of the work remain the property of WEB9® unless a license to purchase these are negotiated with us by our client.
Copyright of logos and other special graphics commissioned by the customer become the property of the customer on receipt of full payment of all accounts payable to WEB9®. It is the clients responsibility to arrange and pay for trade marks and copyright registration. It is the client's responsibility to determine whether the designs infringe on any other 3rd parties copyright ownerships.
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks or other artwork furnished to WEB9® for inclusion in the client's web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements furnished by the client. Prices quoted are based on acceptance indicated allowing for all content to be digitally supplied by the client unless otherwise agreed by both parties.
All origination, including negatives and digital artwork files developed or hosted by WEB9®, belong to WEB9® at all times. Editable copies of artwork produced for specific materials may be purchased by the client from WEB9® for a negotiated sum.
Data stored on our servers is not guaranteed to be backed up. It is recommended that You keep an independent backup of all data stored on Your virtual server. You may not run server processes (e.g. talkers / IRC Bots) from Your virtual server. We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services. Digital files created by WEB9® are stored on our system for one year unless otherwise agreed. We cannot be held responsible for loss of digital files due to unforeseen electrical or other faults on our systems.
For the avoidance of doubt, WEB9® has no obligation duty or liability in contract and / or tort for breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care. In any event and in no circumstance shall WEB9® be liable for any loss either direct or indirect of profits, business or anticipated savings or any other direct or indirect consequential loss arising out of the provision of any and all of our services to the client. In no circumstance shall WEB9® be liable for any loss whether direct or indirect arising from the content of any information placed or submitted by the client onto "the project".
Under no circumstances shall WEB9® be liable for loss whether direct or indirect of profits, business or anticipated savings or for any direct or indirect consequential loss whatsoever by the failure of, or any problem experienced by the client in it's operation of its website.
WEB9® is not liable for any breach of contract if the breach was caused by insurrection or civil disorder, war or military operations, national or local emergency, acts of omissions of government or other competent authority, WEB9®'s compliance with any statutory obligation, industrial disputes of any kind (whether or not involving WEB9® employees), fire, lightening, explosion, flood, subsidence, weather of exceptional severity, acts of omission of persons for whom WEB9® is not responsible (including in particular other telecommunication service providers), or any other cause whether similar or dissimilar outside WEB9®'s reasonable control.
This contract is to be treated as made in the country the executing WEB9® office resides, according to respective law and subject to the jurisdiction of the respective courts.