General Terms and Conditions (GTC)

Allgemeine Geschäftsbedingungen von InWebDesign (B2B)

§ 1 Scope and Contracting Parties
(1) These General Terms and Conditions (GTC) apply to all contracts, services, and hosting offers between InWebDesign (hereinafter referred to as "Contractor") and the customer (hereinafter referred to as "Client").
(2) The Contractor’s offer is directed exclusively at business entities (B2B) as defined in § 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law.
(3) Any deviating or supplementary GTC of the Client shall not become part of the contract unless the Contractor expressly agrees to their validity in writing.
(4) For the provision of AI-supported services (in particular, AI process optimization), the Contractor operates autonomous automation systems on its own server infrastructure. In doing so, closed enterprise APIs from Google Cloud EMEA Limited / Alphabet Inc. are integrated. Data processing is carried out under strict “zero-data-retention” guidelines, which ensure that customer-related data is immediately discarded after processing and is never used for training external AI models.

§ 2 Subject Matter of the Contract and Services
(1) The Contractor provides services in the areas of web design, IT consulting, AI process optimization, and the provision of server infrastructure (managed hosting).
(2) The exact scope of services for web design and consulting projects is set forth in the respective individual quote.
(3) If the client commissions the setup or maintenance of a secondary e-commerce branch, the contractor’s services are limited to technical implementation. The client is responsible for the legal structure (e.g., legal notice, right of withdrawal) of the online store.

§ 3 Hosting Services and Infrastructure
(1) If the Client purchases a hosting package, the Contractor shall provide an isolated server instance (LXC) within a cluster environment.
(2) The Contractor guarantees an average annual infrastructure uptime of 99.0%. Excluded from this are downtimes due to maintenance, software updates, or force majeure events beyond the Contractor’s control.
(3) The physical hardware infrastructure is operated in data centers in Germany (infrastructure partner: Hetzner Online GmbH).

§ 4 Client’s Obligations to Cooperate
(1) The Client shall provide the Contractor with all content necessary for the performance of the contract (texts, images, access data) in a timely manner and in an appropriate form.
(2) The Client warrants that it is authorized to use the materials provided and that these do not infringe upon the rights of third parties.
(3) Within the scope of hosting agreements, the Client is obligated to treat the passwords it uses as strictly confidential.

§ 5 Compensation and Payment Terms (SEPA / Stripe)
(1) All prices listed are net prices and are subject to applicable sales tax.
(2) One-time project-related services (e.g., website creation) are invoiced after quote approval and acceptance. Payment is due within 14 calendar days of invoicing without deduction.
(3) Recurring fees are payable monthly in advance.
(4) Subscriptions are billed automatically via SEPA Direct Debit. The Contractor utilizes the payment service provider Stripe for this purpose. The Client issues a corresponding SEPA mandate upon contract conclusion. If a direct debit fails due to insufficient funds, the Client shall bear the resulting return debit fees.

§ 6 Term and Termination of Hosting Contracts
(1) Unless otherwise agreed in the main contract, hosting and service agreements are concluded for an indefinite period.
(2) The contract may be terminated by either party with a notice period of 30 days to the end of a calendar month in text form (e.g., by email).
(3) The right to extraordinary termination for cause remains unaffected. An important cause for the Contractor exists in particular if the Client is in default of payment of the monthly fees for more than one month.
(4) In the event of termination or contract end during an already running and billed period, no pro-rata refund of the remuneration paid in advance shall be made.

§ 7 Liability
(1) The Contractor is liable without limitation for intent and gross negligence.
(2) For slight negligence, the Contractor is liable only in the event of a breach of essential contractual obligations (cardinal obligations), the fulfillment of which enables the proper execution of the contract in the first place. In this case, liability is limited to foreseeable damages typical for the contract.
(3) The Contractor performs regular system backups as part of hosting. However, liability for data loss is limited to the typical recovery effort that would have been incurred if the Client had performed regular and application-appropriate data backups.
(4) For additional financial protection against contractual and non-contractual liability claims of its Clients, the Contractor maintains professional liability insurance (financial loss liability) with

Markel Insurance SE
Sophienstr. 26
80333 Munich
Germany

with a coverage sum of EUR 150,000.00 per claim.

§ 8 Data Protection
(1) The parties agree to comply with applicable data protection regulations, in particular the GDPR.
(2) Insofar as the Contractor processes personal data on behalf of the Client within the scope of hosting, the parties shall enter into a separate Data Processing Agreement (DPA) pursuant to Art. 28 GDPR.

§ 9 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is the Contractor's place of business (Fritzlar), provided the Client is a merchant, a legal entity under public law, or a special fund under public law.
(3) Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected.