General Terms and Conditions (GTC)

1. Scope of Application

1.1. These General Terms and Conditions (GTC) apply to all business relationships between

Inna Orendarenko
Craftio Webdesign
Kurt-Schumacher-Straße 76
c/o flexdienst – #11608
67663 Kaiserslautern
Contact
Phone: +49 175 1477065
E-Mail: craftio.design@gmail.com

(hereinafter referred to as the “Provider”) and its customers (both private clients and businesses, hereinafter referred to as the “Customer”) in the version valid at the time of the conclusion of the contract.

1.2. Any differing terms and conditions of the Customer shall only apply if the Provider has expressly agreed to their validity in writing.

1.3. The service provider is registered as a secondary business and qualifies as a small business operator pursuant to § 19 of the German Value Added Tax Act (UStG). Therefore, no VAT is charged.

2. Subject Matter of the Contract and Scope of Services

2.1. The service provider creates websites for the client based on WordPress. The exact scope of services depends on the selected service package and may include, among others:

– Setup and installation of WordPress
– Design using Elementor or custom themes
– Integration and configuration of (potentially paid) plugins
– Search engine optimization (SEO) depending on the hosting package and domain registration (by agreement)
– Technical maintenance and updates (by agreement)

2.2. Any paid premium plugins or licenses requested by the Customer must be purchased separately. The Provider will inform the Customer in advance about any additional costs.

2.3. Additional individual agreements regarding design, functionality, content, and other services may be made. These require written or text confirmation (e.g., by e-mail).

3. Project Process and Customer Cooperation

3.1. The project process generally proceeds as follows:

Initial consultation/concept: The Provider and the Customer agree on the desired features and design.
Approval phase: The Customer receives intermediate versions and may request reasonable revisions. A reasonable number of revision rounds are included.
Content creation: The Customer provides texts, images, or other media, or commissions the Provider to create texts (particularly SEO-based). Texts created by the Provider must be approved by the Customer.
Acceptance: Once the website is completed, the Provider notifies the Customer. Acceptance is confirmed via e-mail.

3.2. The Customer is obliged to provide all content necessary for the execution of the project (e.g., texts, images, videos) in a timely and suitable manner. If the project is delayed due to missing or late cooperation from the Customer, the respective delivery or completion deadlines shall be extended accordingly.

3.3. In the event of significant delays attributable to the Customer, the Provider is entitled to issue the final invoice and terminate the project at its own discretion.

3.4. Any changes or extensions made after project acceptance are considered new services and will be charged according to the current hourly rates. This includes minor adjustments (e.g., text edits) as well as more complex extensions, such as integrating new features. Prior to starting such work, a written quotation will be provided clearly defining the planned services and estimated costs.

4. Prices, Payment Terms, and Quotations

4.1. The services offered are billed either at a fixed price or on an hourly basis. In the case of hourly billing, the hourly rate is €50.00 (net, no VAT charged in accordance with § 19 UStG).

4.2. As a rule, a deposit is due upon conclusion of the contract. The amount of the deposit and the final payment are specified in the respective quotation or order confirmation.

4.3. The invoice amount is payable without deductions within 14 days of the invoice date.

4.4. In the event of late payment, the statutory provisions regarding default interest and reminder fees apply.

5. Delivery Deadlines and Acceptance

5.1. Delivery deadlines are determined by the respective quotation or selected package. They may be extended, in particular, due to Customer revision requests or delays caused by missing cooperation from the Customer.

5.2. Once the Provider notifies the Customer that the website has been completed, the Customer must confirm acceptance in writing or by e-mail within 7 days. If no feedback is received within this period, the project is deemed accepted unless the Customer submits a justified written complaint about defects within the same period.

6. Maintenance, Support, and Updates

6.1. If agreed, the Provider shall perform maintenance and update services after the completion of the website. The scope of services is defined in a separate maintenance or support agreement.

6.2. Maintenance contracts may be terminated by either party with 4 weeks' notice to the end of the month, unless otherwise agreed in the contract.

7. Termination and Cancellation

7.1. For project work (one-time website creation), the Customer may terminate the contract prior to completion. In such a case, the Provider is entitled to invoice for the services rendered up to the termination date. The same applies to any third-party costs already incurred (e.g., hosting, licenses).

If the Customer is a consumer (B2C) and the contract has been concluded exclusively through remote communication, the statutory right of withdrawal applies. If the Customer is an entrepreneur (B2B) within the meaning of § 14 of the German Civil Code (BGB), no right of withdrawal exists.

7.3. CRAFTIO reserves the right to terminate contractual relationships without notice if the cooperation violates ethical principles or legal regulations.

8. Usage Rights and Copyright

8.1. Upon full payment of the agreed fee, the Provider grants the Customer an unlimited, worldwide right of use to the created website (design, code), provided that no third-party rights (e.g., plugins, themes, stock images) conflict with this.

8.2. Where the Provider uses external components (e.g., themes, plugins) for the Customer, the respective third-party license terms apply. The Customer receives a simple right of use to these components within the agreed contractual scope.

8.3. The Customer may name the Provider as the creator in the footer or another suitable location. This is not mandatory but may be agreed upon by mutual consent.

8.4. The Provider is entitled to reference the completed website for self-promotional purposes unless the Customer objects to this in writing.

9. Warranty and Liability

9.1. Warranty: The Provider warrants that the created website substantially meets the agreed contractual requirements. The Customer must report any defects in writing or by e-mail within 14 days of discovery.

9.2. Limitation of liability: The Provider shall be fully liable for intent and gross negligence. In cases of slight negligence, the Provider is only liable for damages resulting from injury to life, body, or health, as well as for damages arising from the breach of essential contractual obligations (cardinal obligations). In such cases, liability is limited to the typical, foreseeable damage. The above limitations of liability also apply to the Provider’s legal representatives and vicarious agents.

9.3. The Provider assumes no liability for content provided by the Customer, nor for legal violations arising therefrom (e.g., copyright infringements in images, texts, or logos supplied by the Customer).

9.4. CRAFTIO shall not be liable for failures, errors, or security vulnerabilities caused by third-party services (e.g., hosting providers, external plugins), unless such issues are explicitly attributable to CRAFTIO.

9.5. CRAFTIO assumes no liability for compliance with data protection regulations on your website, even though we possess strong expertise in this area. Our support is limited to technical implementation and consultancy, such as setting up cookie banners or GDPR-compliant forms, and is provided for an additional fee. You are responsible for ensuring that the measures implemented by us meet legal requirements and are continuously reviewed.

10. Data Protection

10.1. The Provider processes personal data of the Customer for the purpose of contract execution. Details are set out in the Privacy Policy, which the Provider makes available to the Customer or publishes on its website.

10.2. If the Provider gains access to personal data of end users in the course of hosting, maintenance, or other services, the parties shall – where legally required – conclude a data processing agreement (DPA).

11. Disclaimer of Success Guarantees

11.1. We make every effort to help you achieve your goals but cannot guarantee specific results. This particularly applies to search engine rankings, click rates, or conversions. Such outcomes depend on numerous external factors beyond our control, including search engine algorithms, market fluctuations, or user behavior. We will, however, provide advisory support to help you define realistic goals and monitor progress.

12. Final Provisions

12.1. The place of jurisdiction for all disputes arising from this contract is the registered office of CRAFTIO, provided that you are a merchant, a legal entity under public law, or a special fund under public law. For consumers, the statutory place of jurisdiction applies.

12.2. Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by one that most closely reflects the economic intent of the invalid provision.

12.3. There are no oral side agreements. Amendments or additions to the contract, including these GTC, must be made in writing to be effective (e-mail is sufficient unless expressly agreed otherwise).

12.4. We love web design, but we are not mind readers. Clear communication is essential to avoid misunderstandings. All inquiries received on Fridays at 17:59 p.m. will be handled to the best of our knowledge and ability – no later than Monday morning.

Effective: January 2025