General Terms and Conditions

Stand 01.12.2023

§ 1 Scope of Application
(1) The companies SourceWeb GmbH and SourceWeb AG, hereinafter simply referred to as "SourceWeb", provide all services exclusively on the basis of these General Terms and Conditions. These General Terms and Conditions apply to all current and future contracts.
(2) We only recognize deviating terms and conditions if we have agreed to them in writing in advance.

§ 2 Web Development
(1) We expressly reserve the copyright and ownership of web applications developed by us on behalf of the customer. The customer is granted an exclusive right to use the work for an unlimited period of time.
(2) Unless otherwise agreed before the order is placed, web applications and websites developed by us generally use program libraries and/or server-side modules for which we expressly reserve the copyright and which can only run on our servers. Web applications developed by us can therefore only run on our servers, unless otherwise agreed in writing in advance. A relocation of these web applications is therefore either not possible or only possible by paying additional license fees.
(3) After delivery of the web application/website, the customer is obliged to check the delivered goods or services immediately for defects. Any complaints must be made immediately upon receipt of the work results. If no detailed written notice of defects is received within 14 days of delivery of the project results, the delivered project results shall be deemed to have been accepted or approved.
(4) After acceptance of the project, as well as for changes and improvements outside of a project/cost estimate, as well as for work for which neither a flat rate nor a separate hourly rate has been agreed, the usual hourly rate of € 120 shall apply.
(5) The customer must ensure that the digital material provided by him does not infringe the copyright of third parties. Any claims due to copyright infringements shall be borne entirely by the customer.

§ 3 WebHosting
(1) Unless otherwise agreed in writing, the contract term for all hosting services is always 12 months, commencing with the start of the service and extending for a further 12 months in each case if one of the parties terminates the contract in writing three months before the end of the contract term.
(2) When the termination takes effect, all associated support services, e-mail accounts and Internet domains will be terminated together with the product, unless they are transferred to another provider in good time.
(3) SourceWeb is not responsible for the content that customers upload to our servers. Customers are responsible for their own content. SourceWeb reserves the right to remove any content that violates applicable law or, in our opinion, UK law without prior notice.
(4) Fees agreed for hosting are to be paid monthly in advance. If the customer is in arrears with the payment of fees for a period of more than one month despite a reminder, SourceWeb is entitled to discontinue the web hosting services and thus to block the website, the domain and the e-mail addresses of the customer. SourceWeb charges a reactivation fee of USD 250.00 for reactivating the web hosting services.

§ 4 Liability
(1) SourceWeb shall only be liable, irrespective of the legal grounds, in accordance with the following provisions.
(2) SourceWeb shall only be liable in cases of intent and culpable negligence in accordance with the statutory provisions.
(3) SourceWeb assumes no liability for direct or indirect damages due to technical problems, server failure, data loss, transmission errors or other reasons and is in no case liable for loss of profit and consequential damages.
(4) Insofar as the liability of SourceWeb is excluded or limited, this also applies to the liability of SourceWeb's employees, other staff, representatives and vicarious agents.

§ 5 Terms of Payment
(1) Unless otherwise agreed, invoices are payable 14 days after invoicing without deduction.
(2) If the payment deadlines are exceeded, SourceWeb is entitled to charge interest on arrears to the extent provided for by law. This does not exclude the assertion of further damages caused by default. No reminder fees are charged for the first payment reminder. For each further reminder, a processing fee of € 20,- will be charged in addition to interest.
(3) In the event of a delay in payment of more than one month, SourceWeb is also entitled to suspend all services until the outstanding amounts have been paid in full and to temporarily suspend work on concluded work contracts. In this case, the delivery period for work contracts shall be increased by the number of days that elapsed between the beginning of the delay in payment and the payment of the amounts.
(4) All services, products and goods and all associated rights remain the property of SourceWeb until full payment has been made by the customer.
(5) SourceWeb is entitled to increase the fees for products and services for new contracts appropriately.

§ 6 Place of performance and place of jurisdiction
(1) The place of performance for all services is London/United Kingdom.
(2) The place of jurisdiction for all disputes arising from this contract is the competent court in London/United Kingdom.

§ 7 Other Regulations
(1) SourceWeb reserves the right to adapt the terms and conditions to changing circumstances without informing the customer separately. After a change, the customer has the right to extraordinary termination for a period of one month, insofar as he can credibly demonstrate that these adjustments would have prevented him from entering into the contract at the time it was concluded.
(2) SourceWeb endeavors to meet delivery dates. In the event of non-compliance, SourceWeb shall be granted a reasonable subsequent delivery period. SourceWeb shall not be liable for any damages resulting from a delay, in particular in the case of services in which third parties are integrated.