Terms and Conditions (AGB)

HGbudd.net, Owner Patric Wirth

These Terms and Conditions (“Terms”) govern the business relationship between HGbudd.net, Owner: Patric Wirth, Humboldtstraße 37, 93053 Regensburg, Germany (hereinafter “Provider”) and its clients (hereinafter “Client”). They apply to all services provided by the Provider, in particular under the product lines DevFlex and WebFlat, unless otherwise agreed in writing.

1. Scope of Application

1.1 These Terms apply to all contracts, deliveries, and services provided by the Provider.

1.2 Any conflicting or deviating terms of the Client shall not apply unless expressly confirmed in writing by the Provider.

1.3 Individual agreements (e.g. contracts, offers) take precedence over these Terms.

1.4 These Terms also apply to future business relationships without the need for repeated reference.

2. Description of Services

2.1 Under the brands DevFlex and WebFlat, the Provider offers the following services:

• Software development, IT consulting, and technical advisory
• Web design, web development, and hosting
• Maintenance, adaptation, and support of websites and technical systems

2.2 DevFlex: Services are provided on a project basis. The specific scope, fees, and duration are defined in the respective contract or offer. The Client generally provides their own infrastructure or hosting environment.

2.3 WebFlat: WebFlat is an ongoing subscription-based service package. It includes the creation and maintenance of a website, hosting on the Provider’s servers, and a monthly quota of so-called “minor changes.” What qualifies as a minor change is determined at the Provider’s reasonable discretion. This typically includes small adjustments to text, images, or design elements.

2.4 The descriptions of services and packages on the Provider’s website are for informational purposes only and do not constitute binding offers. The Provider may engage subcontractors or third-party providers and adjust services for technical, legal, or economic reasons.

3. Conclusion of Contract

3.1 A contract is concluded when:

• the Client accepts a written offer,
• the Provider issues a written or electronic confirmation, or
• the Client makes the first payment.

3.2 Verbal agreements require written confirmation to be valid.

4. Fees and Payment Terms

4.1 All prices are exclusive of applicable VAT unless otherwise stated.

4.2 Invoices are payable within 14 days from the invoice date without deduction.

4.3 In case of late payment, the Provider may charge statutory interest on arrears in accordance with §288 of the German Civil Code (BGB).

4.4 WebFlat: Monthly billing in advance. Payment is due at the beginning of each billing period.

4.5 DevFlex: Billing according to the individual agreement (e.g. fixed project price, hourly rate, or milestones).

4.6 The Provider reserves the right to suspend services or restrict access until payment has been received.

5. Contract Duration and Termination (WebFlat)

5.1 The minimum term for WebFlat contracts is 12 months.

5.2 Unless terminated at least one month before the end of the term, the contract automatically renews for another 12 months.

5.3 Termination must be in writing (email is sufficient if confirmed by the Provider).

5.4 Extraordinary termination for good cause remains unaffected.

5.5 After termination, hosting access will be deactivated within 30 days. The Client must back up all data before that time.

6. Client Obligations

• The Client must provide all information, content, data, and access credentials required to perform the agreed services in a timely manner.
• If the Client delays cooperation or denies access, delivery timelines may be extended. The Provider’s right to payment remains unaffected.
• The Client is responsible for the legality of any provided materials (e.g. text, images, or other media).

7. Hosting and Technical Services

7.1 Hosting is provided on servers operated by the netcup GmbH (https://www.netcup.com/), managed by the Provider. Multiple client projects may share the same server environment.

7.2 Domains can be registered by the Provider on behalf of the Client through DomainFactory GmbH (https://www.df.eu/).

7.3 The Provider may perform maintenance with reasonable prior notice, which may cause temporary downtime.

7.4 The Provider is not liable for outages or data loss caused by external hosting or domain providers.

8. Usage Rights

• After full payment, the Client receives a non-exclusive, non-transferable right to use all deliverables.
• Ownership of all materials remains with the Provider until full payment is received.
• Reproduction, modification, or distribution requires prior written consent from the Provider.

9. Liability

• The Provider is liable only for intent and gross negligence.
• Liability for slight negligence applies only to essential contractual obligations.
• The Provider is not liable for:
  • server or network failures caused by third parties,
  • data loss due to insufficient backups by the Client,
  • damage caused by improper use or modification of delivered software,
  • lost profits, business interruption, or consequential damages.
• The Client must allow the Provider an opportunity to correct any errors before claiming damages.
• Liability is limited to the total value of the respective contract.

10. Data Protection and Confidentiality

10.1 The Provider processes personal data in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

10.2 Further details can be found in the Privacy Policy.

10.3 All information obtained in the course of collaboration will be treated confidentially. This obligation continues after the termination of the contract.

11. References and Self-Promotion

The Provider may name the Client (including name, logo, and project details) as a reference in marketing materials, on the website, or on social media, unless the Client objects in writing. Anonymized project data may be used for training or demonstration purposes.

12. Complaints and Defects

• The Client must review all deliverables within 14 days of receipt and report any defects in writing.
• The Provider shall be granted a reasonable time to correct such defects.
• If no notice of defect is received within this period, the work is deemed accepted.

13. Changes and Amendments

• All changes and amendments must be made in writing.
• This also applies to the waiver of the written form requirement.
• The current version is available at https://hgbudd.net/en/Terms-and-Conditions.

14. Final Provisions

• If any provision of these Terms is or becomes invalid, the validity of the remaining provisions shall not be affected.
• German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
• Place of jurisdiction: Regensburg, Germany.
• Place of performance: business location of the Provider.

15. Acceptance, Adjustments, and Termination of Collaboration (WebFlat)

15.1 The design and development process under WebFlat is carried out in close cooperation with the Client. After receiving an initial draft, the Client must provide feedback within 10 business days. Adjustments within the agreed scope will be implemented collaboratively.

15.2 The Provider performs reasonable adjustments to finalize the agreed design concept. Major revisions beyond the agreed scope may be offered as additional paid services.

15.3 The work is considered accepted once approved by the Client or used productively. If no feedback is received within 10 business days, acceptance is deemed granted.

15.4 Withdrawal from the contract due to changes in aesthetic preference is excluded, provided the work was performed professionally and as agreed.

15.5 If the continuation of the project becomes unreasonable due to lack of cooperation, repeated direction changes, or other circumstances on the Client’s side, the Provider may terminate the contract for good cause. Services rendered up to that point will be billed proportionally.

16. Translation Notice

This English version is provided for convenience only. In the event of discrepancies, the German version shall prevail. Only the German version is legally binding.