Aionios IT Solutions
Owner: Ebenezer Osei Mensah
Gropiusring 39
22309 Hamburg
E-Mail: aionios.itsolutions@gmail.com
1. Scope
1.1 These General Terms and Conditions (hereinafter "GTC") apply to all contracts between Aionios IT Solutions (hereinafter "Contractor") and the customer (hereinafter "Client") regarding the creation and delivery of websites as well as related services.
1.2 Deviating conditions of the Client will not be recognized unless the Contractor expressly agrees to them in writing.
1.3 These GTC also apply to all future transactions with the Client, even if they are not expressly referenced.
2. Subject of Contract and Scope of Services
2.1 The Contractor provides services in the area of website creation, maintenance, and search engine optimization (SEO) as well as other related services.
2.2 The specific scope of services is derived from the contract concluded between the parties, the Contractor's offer, or the order confirmation.
2.3 The project workflow typically divides into the following phases:
Discovery Call
Concept & Strategy
Web Design
Development
Website Onboarding
2.4 Changes and additions to the scope of services require written form.
3. Obligations of the Client
3.1 The Client is obliged to provide the Contractor with all information, data, and materials necessary for the provision of services in a timely manner.
3.2 The Client ensures that all provided content (texts, images, graphics, etc.) is free from third-party rights, or that they hold the necessary usage rights.
3.3 The Client must review and approve drafts and completions within a reasonable period or communicate any desired changes.
3.4 If the Client delays the progress of the project by failing to cooperate, the Contractor may withdraw from the contract after a reasonable period and charge for services already rendered.
4. Compensation and Payment Terms
4.1 The compensation for the Contractor's services is derived from the contract or the offer.
4.2 Unless otherwise agreed, the following payment method applies:
50% of the fee as a down payment upon contract conclusion
50% of the fee upon delivery of the website
4.3 Invoices are payable within 14 days of invoicing without deductions.
4.4 In case of payment delays, the Contractor is entitled to demand default interest at a rate of 9 percentage points above the base interest rate. The assertion of higher default damages remains reserved.
4.5 The Contractor reserves the right to suspend work on the project in case of payment delays.
5. Deadlines and Time Limits
5.1 Deadlines and time limits are only binding if expressly confirmed in writing by the Contractor.
5.2 Delays due to force majeure or circumstances for which the Client is responsible lead to a reasonable extension of the deadlines.
6. Acceptance
6.1 After completion of the agreed services, the Contractor will present the results to the Client for acceptance.
6.2 The Client is obliged to review and accept the services within 14 days after they are made available, provided they meet the contractual requirements.
6.3 If the Client does not accept the services within this period, acceptance is deemed granted, provided the Contractor has pointed out this consequence to the Client.
6.4 Insignificant defects do not justify the refusal of acceptance.
7. Copyright and Usage Rights
7.1 The Contractor retains all copyrights to the created works.
7.2 Upon full payment of the agreed fee, the Contractor grants the Client the usage rights necessary for the agreed purpose regarding the created works. A transfer of rights to third parties requires the written consent of the Contractor.
7.3 The Contractor has the right to be named as the author in an appropriate form on the created websites.
7.4 The Contractor is entitled to use the created works for its own advertising purposes, provided that there are no legitimate interests of the Client to the contrary.
8. Warranty and Liability
8.1 The Contractor warrants that the created works are free from material defects and exhibit the agreed performance features.
8.2 Defects must be reported by the Client in writing without delay. The Contractor is entitled to remedy defects by means of subsequent improvement.
8.3 The warranty period is 12 months from acceptance.
8.4 The Contractor is liable for damages caused by intent or gross negligence, as well as for damages from the violation of life, body, or health without limitation.
8.5 For damages caused by slight negligence, the Contractor is liable only in the event of a breach of a significant contractual obligation and only to the extent of the foreseeable, typically occurring damage, but at most in the amount of the fee for the relevant assignment.
8.6 Liability for data loss exists only to the extent of the typical recovery costs that would have occurred if regular and risk-appropriate backups had been made.
8.7 The Contractor is not liable for content provided by the Client or for damages arising from the Client's failure to fulfill their cooperation obligations.
9. Maintenance and Support
9.1 Support and maintenance services after the completion of the website will only be provided if they have been expressly agreed in the contract.
9.2 If maintenance services are agreed, they will be billed separately.
10. Contract Duration and Termination
10.1 The contract term is derived from the contract or the offer.
10.2 In the case of monthly contracts (e.g., for maintenance or SEO), the contract can be terminated by either party with two weeks' notice at the end of the month.
10.3 The right to extraordinary termination for good cause remains unaffected.
10.4 Termination must be in writing.
11. Confidentiality and Data Protection
11.1 The contracting parties undertake to treat all information, documents, and data that become known in the course of contract fulfillment as confidential and not to disclose them to third parties.
11.2 The Contractor observes the statutory provisions on data protection and undertakes to use the data provided by the Client only within the framework of contract fulfillment.
11.3 The Client agrees that their data will be stored and processed electronically in the course of contract fulfillment.
12. Final Provisions
12.1 The place of performance and the exclusive jurisdiction for all disputes arising from this contract is the location of the Contractor, provided the Client is a merchant, a legal entity under public law, or a public-law special fund.
12.2 The law of the Federal Republic of Germany shall apply, excluding the UN Sales Convention.
12.3 Should individual provisions of these GTC be ineffective or become ineffective, the validity of the remaining provisions shall remain unaffected. In this case, the parties will replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
12.4 Changes and additions to these GTC must be in writing. This also applies to the cancellation of this written form requirement.
Status: March 2025