Terms and conditions

Part A – General conditions

1. Conclusion of contract

By signing an offer or through written order confirmation, the customer bindingly commissions Digital Shared Services GmbH (the “provider”) to carry out the services described therein. A contract comes into being through express acceptance or through commencement of performance.

2. Use of third parties

The provider is entitled to engage qualified third parties (subcontractors, freelancers, service providers) to render the services.

3. Customer’s duties to cooperate

The customer undertakes to provide all content, information, materials and access required for performance in good time, and warrants that the content provided is free of third-party rights. If the customer fails to meet these duties, the provider is entitled to charge for the additional effort according to the current price list. The provider is not liable for delays or defects arising from incomplete or late cooperation.

4. Liability

The provider’s liability is limited to intent and gross negligence. In cases of slight negligence the provider is liable only for breach of material contractual obligations and only for typically foreseeable damage. No liability is accepted for outages or damage caused by force majeure, technical faults of third parties, faulty hosting services or data loss outside the provider’s sphere of responsibility.

5. Remuneration and prices

All prices are exclusive of statutory VAT. Payment is made as agreed. In the event of late payment, the provider is entitled to suspend services until payment is settled. Price changes apply only to future orders. For ongoing contracts, the prices agreed at the conclusion of the contract apply.

6. Changes to these conditions

The provider may amend these conditions provided that no material primary obligations are affected. Changes will be communicated to the customer in good time. If the customer does not object within 14 days, the changes are deemed accepted.

7. Contract term and termination

Unless otherwise agreed, the contract term is 6 months and is tacitly extended by a further 6 months unless terminated in writing with 4 weeks’ notice to the end of the term. The right to extraordinary termination for good cause remains unaffected.

8. Place of jurisdiction and choice of law

The place of performance and jurisdiction is the registered office of Digital Shared Services GmbH, provided the customer is a merchant. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

Part B – Special conditions

I. Scope of services

1. Subject of the services: The specific services (for example software provision, web design, visibility, advertising, hosting, content creation, marketing consultancy) follow from the respective offer or contract. Changes require written confirmation.

2. Handover and rights of use: After full payment the customer receives a simple right of use in the created content. Unless expressly agreed otherwise, the provider remains the holder of all copyrights.

3. Reference: The provider may use the project as a reference naming the customer, unless the customer expressly objects.

II. Software provision

1. Right of use: For the duration of the contract the customer receives a non-exclusive, non-transferable right to use the software provided within the agreed scope.

2. Availability: The provider strives for high availability but does not owe a specific availability rate unless expressly agreed. Maintenance windows are announced where possible.

3. Data export: The customer may export their data in full during the contract term and, within a reasonable period, after the contract ends.

III. Hosting and domains (optional)

1. Domain registration: Domains are registered in the name and for the account of the customer. The provider cannot guarantee legal availability or freedom from third-party rights.

2. Hosting: Where hosting or email services are provided, the provider accepts no liability for outages, data loss or security risks outside its sphere of influence. The customer remains responsible for regularly backing up their data unless this is expressly part of the contract.

3. Blocking in case of legal violations: The provider is entitled to block content that violates applicable law or endangers the integrity of the infrastructure.

IV. Online marketing services

1. Visibility in search engines: Measures serve to improve visibility. A specific ranking is not owed. Technical access credentials are to be provided by the customer.

2. Advertising campaigns and media budgets: Unless otherwise agreed, advertising budgets are not part of the agency remuneration and are managed directly by the customer or invoiced separately.

Part C – Data protection and consumer information

1. Data protection

The provider processes personal data exclusively within the statutory framework. The current privacy policy applies. Where personal data is processed on behalf of the customer, a data processing agreement pursuant to Art. 28 GDPR is concluded.

2. Right of withdrawal (consumers only)

For contracts concluded by distance selling, consumers have a statutory right of withdrawal of 14 days. The withdrawal instruction is provided in a separate document.

3. Dispute resolution

Digital Shared Services GmbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

4. Severability

Should any provision of these conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.