Terms & Conditions

1. Scope of Application

These General Terms and Conditions apply to all services provided by Maik Gossen (hereinafter "Service Provider") in the field of web development, design, and consulting services, particularly for Shopify development projects.

Deviating terms and conditions of the client are only valid if they have been expressly agreed upon in writing.

2. Services

The Service Provider offers the following services:

• Web development and programming
• Design and layout creation
• Shopify theme development and customization
• Consulting services for e-commerce projects
• API integrations and technical implementations

The exact scope of services is determined individually for each project and documented in a separate project agreement or quote.

3. Contract Formation

Offers from the Service Provider are non-binding unless expressly designated as binding. A contract is formed when the client accepts the Service Provider's offer in writing or when the Service Provider confirms the client's order in writing.

Verbal agreements require written confirmation to be effective.

4. Prices and Payment Terms

All prices are net prices plus applicable VAT, unless otherwise stated.

Payment terms:

• For smaller projects (under €1,000): 100% payment upon completion
• For larger projects: 50% advance payment, 50% upon completion
• For ongoing projects: Monthly billing possible

Invoices are due for payment within 14 days of the invoice date without deduction.

In case of default, the Service Provider is entitled to charge default interest of 9 percentage points above the base interest rate.

5. Performance and Delivery

Delivery dates and deadlines are only binding if they have been expressly agreed upon in writing and confirmed by the Service Provider.

The Service Provider is entitled to provide partial services and to invoice them separately.

If the client is in default of acceptance or violates other duties of cooperation, the Service Provider is entitled to demand compensation for the resulting damage including additional expenses.

6. Copyright and Usage Rights

All work results, including designs, code, concepts, and documentation, remain the intellectual property of the Service Provider until full payment has been received.

Upon full payment, the client receives the agreed usage rights. The scope of usage rights is determined by the respective project agreement.

The Service Provider retains the right to use the work results for self-promotion and portfolio purposes, unless otherwise agreed.

7. Warranty and Liability

The Service Provider warrants that the services will be provided with professional care and in accordance with the current state of technology.

The warranty period for defects in the work is 12 months from acceptance or, if no acceptance is required, from delivery.

The Service Provider's liability is limited to intent and gross negligence. In cases of simple negligence, liability only exists for damages arising from the violation of essential contractual obligations.

The liability for damages is limited to the typical, foreseeable damage at the time of contract conclusion, but at most to the amount of the contract value.

8. Confidentiality

Both parties undertake to treat all confidential information received in connection with the contract as strictly confidential and not to make it accessible to third parties.

This obligation continues beyond the end of the contractual relationship.

9. Termination

Both parties may terminate ongoing service contracts with 4 weeks' notice to the end of a calendar month.

The right to extraordinary termination for important cause remains unaffected.

In case of termination, services already provided must be paid for according to the agreed rates.

10. Final Provisions

German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction is the registered office of the Service Provider, provided the client is a merchant, a legal entity under public law, or a special fund under public law.

Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions remains unaffected.

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