General Terms and Conditions (GTC) for Kbtechnik

Status: August 26, 2024

1. Scope

These General Terms and Conditions (GTC) apply to all legal transactions between Kbtechnik, hereinafter referred to as “Kbtechnik,” and its contractual partner, hereinafter referred to as “Customer.” The Customer’s general terms and conditions do not apply, even if Kbtechnik does not expressly object to their inclusion.

The Customer assures that they will only engage Kbtechnik as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), meaning within the scope of their commercial or independent professional activity.

2. Changes to the Terms

Kbtechnik may modify these GTC at any time. Changes will be communicated to the Customer in writing. If the Customer does not object within four weeks, the changes will be considered accepted. Should the Customer object within the given time frame, the contract will continue under the previous conditions.

3. Conclusion of the Contract

A contract with Kbtechnik is concluded when the Customer signs the agreement on-site (digitally or physically), or sends the signed contract via fax, email, or post, or when an online order is followed by an order confirmation from Kbtechnik.

4. Storage of Contract Text

Kbtechnik does not store the text of the order when the contract is concluded online. However, the Customer is generally able to save or print out each step of the order process before sending the order.

5. Data and Content

The Customer indemnifies Kbtechnik from all third-party claims related to the data provided by the Customer. In the event of data loss, Kbtechnik is not liable unless the loss was caused intentionally or by gross negligence. The Customer is obligated to re-transmit all required data at no charge if Kbtechnik is not at fault for the loss.

6. Scope of Services

1. The services to be provided by Kbtechnik are outlined in the contract, the offer on the website, or the tariff overview attached to the order confirmation.

2. The availability of services is guaranteed only up to the interface with the Internet. Restrictions in availability may occur due to circumstances beyond Kbtechnik’s control.

3. The graphic design of the website remains the property of Kbtechnik. This does not affect liability. The Customer has no right to the source code or graphic materials created by Kbtechnik, either during the contract term or afterward.

4. The Customer is responsible for providing content (e.g., text, images, logos). The Customer guarantees they have all necessary rights, particularly copyrights, to the content provided. The Customer indemnifies Kbtechnik against all claims arising from third-party rights violations caused by the Customer.

5. Kbtechnik designs the Customer’s website based on the Customer’s specifications and sends a draft for approval. The Customer may request changes via email or through the designated portal within the service scope. Changes outside the tariff plan are subject to additional fees.

6. Upon confirmation of the draft, the website will be published online. The Customer must verify the website’s accuracy and request any final changes. Any additional changes outside the scope of responsibility of Kbtechnik will incur additional fees.

7. Kbtechnik reserves the right to reject unreasonable requests for changes, especially those that exceed a reasonable scope or do not meet the content requirements of these GTC. The Customer will be notified of any rejections by email or phone.

8. After the final website approval, no further changes are possible. Additional services can be ordered separately.

9. Technical operation and maintenance of the hosting environment are included. Content maintenance by Kbtechnik can be booked separately for an additional fee, with a 12-month term and a one-month notice period.

7. Customer Cooperation

The timely completion of the project and the quality of the outcome heavily depend on the Customer’s cooperation. The Customer agrees to promptly provide all necessary data and information by email to info@kbtechnik.com after receiving relevant notifications. Delays due to the Customer’s lack of cooperation do not affect the payment obligations.

8. Domain and Email

1. If the contract involves domain registration, Kbtechnik acts as an intermediary on behalf of the Customer. Kbtechnik does not guarantee that the requested domains will be allocated or that the allocated domains are free from third-party rights or will remain available indefinitely.

2. Kbtechnik is entitled to activate a domain only after receiving the agreed registration fees. The Customer is responsible for all content created through their domain (emails, forum posts, etc.).

9. Liability

Kbtechnik reserves the right to modify, expand, or discontinue services to reflect technical progress, necessary improvements, or to prevent misuse. If such changes significantly impact the services offered, Kbtechnik may demand appropriate fee adjustments or discontinue the services after a reasonable notice period.

Changes are considered approved unless the Customer objects in writing or terminates the contract within one month of the announcement. Kbtechnik will notify the Customer of this deadline and its consequences.

10. Data Protection

The Customer agrees that Kbtechnik may store, alter, or delete data related to the contract and transmit it to third parties as necessary, particularly for domain registration or modification.

11. Payment Terms

Billing begins upon contract conclusion or upon the setup of services. The Customer authorizes Kbtechnik to collect fees via direct debit. Should the Customer fail to pay on time, Kbtechnik may suspend services until outstanding amounts are settled and may pass on related costs to the Customer.

Invoices must be reviewed for accuracy within one week of receipt. Failure to raise objections within this period constitutes acceptance.

12. Trademark Rights / Copyrights

The Customer assumes all legal responsibility for copyrights, youth protection, and other legal provisions. Publications commissioned by the Customer must be legally compliant, and the Customer must have the necessary rights for any content provided to Kbtechnik.

Kbtechnik retains copyright, trademark, and intellectual property rights to all works it creates. The Customer grants Kbtechnik the right to use the Customer’s company name, website, and logo as references for marketing purposes.

13. Transfer of Rights

Kbtechnik may transfer its rights and obligations under this contract to third parties. The Customer may only transfer their rights and obligations with Kbtechnik’s prior consent.

14. Liability

The Customer assures that they have the rights to all provided data (texts, photos, logos, etc.) and will comply with all legal provisions. The Customer assumes full liability for the content of their website and indemnifies Kbtechnik against all claims arising from third-party rights violations.

Claims for damages against Kbtechnik are excluded unless based on intentional or grossly negligent conduct. The liability amount is limited to foreseeable damages typical for such transactions.

15. Term and Termination

The contract term is 12 months, starting from the contract’s conclusion, with automatic renewal unless terminated with one month’s notice. Kbtechnik may charge a cancellation fee for early termination.

16. Applicable Law and Jurisdiction

The contract is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is Berlin.

17. Other Provisions

There are no verbal side agreements to this contract. Should any provision be or become invalid, the remaining provisions shall remain unaffected.