Terms and conditions

§ 1 Scope

These terms apply to all contracts between Flovien Web — Danylo Kobzar, Auf der Schanze 6, 37079 Göttingen, Deutschland (“Contractor”) and the client regarding the conception, design, development, maintenance and operation of websites and web applications.

Deviating terms of the client apply only if the Contractor agrees to them expressly in text form.

§ 2 Conclusion of contract

Offers are non-binding. A contract is concluded when the offer is accepted in text form (e.g. email) or when work begins.

§ 3 Scope of services and cooperation

The scope of services follows from the respective offer or project description. Changes require agreement in text form and may adjust deadlines and fees.

The client provides required content, access and approvals in good time and warrants that supplied content is free of third-party rights.

§ 4 Prices and payment

All prices are final prices. Under § 19 German VAT Act no VAT is charged.

Unless agreed otherwise, invoices are payable without deduction within 14 days of receipt. For projects from €1,000 an advance payment of up to 50% may be agreed.

§ 5 Deadlines and acceptance

Deadlines are binding only if expressly agreed as such. Delays caused by missing cooperation of the client extend deadlines accordingly.

Work results are deemed accepted if the client does not report material defects in text form within 14 days of provision in the client portal.

§ 6 Rights of use

Upon full payment the client receives simple rights of use, unlimited in time and territory, to the work results for the contractually agreed purpose.

Rights to standard software, libraries, frameworks and open-source components follow their respective licences. The Contractor remains entitled to reuse general know-how and reusable building blocks.

§ 7 Prototypes and client portal

Preview versions provided through the client portal serve solely for review by the client. Sharing access credentials with third parties and extracting, copying or reproducing the source code are prohibited without the Contractor's consent.

§ 8 Warranty

Statutory warranty rights apply. The Contractor remedies reported defects within a reasonable period through subsequent performance. A specific rendering in outdated or non-agreed browser versions is not owed.

§ 9 Liability

The Contractor is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act.

For slightly negligent breach of material contractual obligations, liability is limited to foreseeable damage typical of the contract. Otherwise liability is excluded. The Contractor is liable for data loss only where the client has made reasonable backups.

§ 10 Confidentiality and data protection

Both parties treat the other party's confidential information as confidential without time limit. Where the Contractor processes personal data on behalf of the client, the parties conclude a data processing agreement under Art. 28 GDPR.

§ 11 Term and termination

Continuing obligations (e.g. maintenance, operation) may be terminated by either party with one month's notice to the end of a month. The right to extraordinary termination for good cause remains unaffected. Termination requires text form.

§ 12 Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the client is a merchant or a legal entity under public law, the place of jurisdiction is Göttingen.

Should any provision be invalid, the validity of the remaining provisions is unaffected.