Terms & Conditions

This Master Services Agreement for web services and digital products governs the conditions and cooperation between the Client and the Contractor (web-site-service.de).

1 Subject of Contract & Scope

• The subject of this agreement is the provision of web design and IT services (e.g., creation, modernization, maintenance, repair of websites) according to the respective quote or statement of work.
• This agreement applies to all quotes, inquiries, and orders concluded between the parties via email, contact forms, or in text form.

2 Services & Change Requests

• The Contractor performs the agreed services according to the state of the art.
• Subsequent modification requests, feature extensions, or additional work not included in the original quote (Change Requests) do not constitute a defect. They require text form and will be charged at the agreed hourly rate of 60 EUR (plus VAT, if applicable).
• Fixed-price projects include, unless agreed otherwise, a maximum of one revision cycle regarding the presented design concept.

3 Client Obligations & Cooperation

• The Client shall provide all content (texts, images, logos), credentials (hosting, CMS, domain), and information required for execution in a timely and digital format.
• Media assets must be delivered in ready-to-use condition. If provided material requires post-processing (e.g., cropping, format conversion, manual optimization), this effort will be billed at the agreed hourly rate after prior consultation.
• If completion is delayed because the Client fails to comply with cooperation obligations, deadlines shall be extended accordingly.
• If the Client fails to comply with cooperation obligations after a notice and reasonable grace period of at least 14 calendar days, the Contractor is entitled to terminate the contract without notice. In this case, services rendered to date shall become immediately due based on actual effort or agreed payment milestones.

Remuneration, Payment Terms & Reservation of Rights

• Remuneration is based on the fixed prices, recurring fees, or hourly rates agreed upon in the individual quote.
• Unless agreed otherwise, the following payment schedule applies to project work:
  
  30% upon contract conclusion / project start
  
  50% upon approval of the design concept
  
  20% prior to final go-live / delivery (after acceptance)
• Recurring services (e.g., maintenance, security updates) are billed in advance. Service contracts have a minimum term of 12 months, unless stated otherwise, and renew automatically for further 12-month periods if not terminated with 30 days' notice prior to the end of the term.
• Invoices are payable within 10 days of invoice date without deduction via bank transfer.
• All rights of use to created deliverables, code modifications, and the website remain with the Contractor until full payment of all invoices.

Acceptance & Deemed Acceptance

• For work deliverables, the Contractor provides the result to the Client for review on a staging environment or directly live.
• The Client is obliged to inspect the result within 14 calendar days and report any material defects in writing.
• 5Formal acceptance occurs via written confirmation by email or return of an acceptance protocol.
• If the Client does not respond within the 14-day period or puts the website into operational use (go-live, production mode), the work is deemed accepted without reservation (deemed acceptance). Remaining payments become immediately due.
• Acceptance may only be refused due to material defects specified in the original scope of work. Minor defects do not prevent acceptance; the Contractor commits to rectifying them within a reasonable timeframe.

Rights of Use & Intellectual Property

• Upon full payment, the Contractor grants the Client a simple, non-exclusive, spatially and temporally unlimited right to use the deliverables, code changes, and results within the scope of the agreed services.
• The Client warrants that all provided content (images, texts, graphics, trademarks) is free of third-party rights and indemnifies the Contractor against all third-party claims.

Liability & Data Protection

• The Contractor is liable only for damages resulting from intentional or grossly negligent breach of duty.
• The Client is exclusively responsible for the legal compliance of website content (including imprint, privacy policy, cookie consent banners, and GDPR compliance).
• Both parties shall comply with GDPR provisions.

8 Governing Law, Jurisdiction & Right of Withdrawal

• The law of the Republic of Portugal applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive jurisdiction is Portimão, Portugal.
• This contract is concluded in text form without physical signatures pursuant to Art. 228 Código Civil / § 126b BGB (e.g., via email confirmation of the quote).
• Consumers (B2C) are legally entitled to a 14-day right of withdrawal. If the consumer explicitly consents to immediate execution before expiration of the withdrawal period, the right of withdrawal expires upon full performance of the contract. No right of withdrawal exists for business clients (B2B).