New York Webdesign
Terms and conditions

§ 1 – Scope of application

The following general terms and conditions regulate the legal relationships between New York Webdesign – hereinafter referred to as “New York Webdesign” – and their customers / clients as a whole and exclusively. By accepting an offer from New York Webdesign, the customer / client expressly recognizes these conditions as the basis of the contract.

§ 2 – Conclusion of contract

The contract is concluded when both parties to the contract are signed.

§ 3 – Obligations of New York Webdesign

1. New York Webdesign undertakes to create the website in accordance with the contractual requirements. In particular, New York Webdesign will ensure that the schedule is adhered to, with excesses of up to 10 working days being considered tolerable by both sides.
2. New York Webdesign will advise the customer as comprehensively as possible about design, technical and functional options.
3. New York Webdesign is obliged to set up the customer’s website, which is currently under construction, for the interim and final acceptances on an online test environment. Correction and change projects can thus be coordinated regardless of location.

§ 4 – Customer obligations

1. Company-specific images and texts are made available digitally as processable files.
2. The client undertakes to adhere to all deadlines agreed for the creation of the website with regard to data delivery and acceptance. Here, too, a timeout of 10 working days is considered tolerable.
3. A responsible employee will be named by the client for the interim and final acceptance.

§ 5 – Changes

1. Both contractual partners can propose changes in writing at any time. If the proposed changes have a significant impact on the project, the price or the schedule, New York Webdesign will inform the customer about this and, if necessary, ask for a written adjustment of the contract. As long as this written adjustment has not been made, the project will continue unchanged.

§ 6 – Warranty and liability

1. New York Webdesign will always ensure a uniform visual representation of the website in all common browsers. However, minor deviations may be unavoidable and must be accepted by the customer. New York Webdesign has the opportunity to make improvements in the event of avoidable errors.
2. If the website is a WordPress system, New York Webdesign grants the customer free e-mail support for one months after the end of the project.
3. In addition, New York Webdesign is liable for defects in the website in accordance with the statutory provisions.
4. New York Webdesign is not responsible for any content provided by the customer
5. Should third parties make claims against New York Webdesign due to possible legal violations resulting from the content of the website, the customer undertakes to indemnify New York Webdesign from any liability and to reimburse New York Webdesign for the costs that arise due to the possible legal violation.
6. A warranty period of one year applies to the warranty.
7. In the event that the client themselves, or a third party commissioned by them, interferes with the source code of the website at the administration level, any warranty or liability claim against New York Webdesign expires. Note: This does not refer to the usual editorial work with CMS systems.
8. For failures on the Internet, e.g. B. Server failures that result in web pages hosted by New York Webdesign not being able to be accessed, New York Webdesign is only liable if grossly negligent behavior is present.
9. The page entries for the search engines are independently developed and published by New York Webdesign based on its knowledge of the website. If the client wishes to participate in this process, New York Webdesign will provide them with suitable information material. However, no guarantee or warranty can be given for a desired entry in the search services and no liability on the part of New York Webdesign can arise from this.

§ 7 – Acceptance of delivery

1. As far as is reasonable, the customer will quickly and carefully examine the work results presented for the interim and final acceptance. The customer will immediately notify complaints and requests for changes.
2. If the customer refuses to participate in an acceptance for reasons for which New York Webdesign is neither wholly nor partially responsible, New York Webdesign can set a grace period of 14 days within which the acceptance must take place. If the customer does not comply with this request, the part to be accepted is deemed accepted without further written acceptance being required.

§ 8 – Termination

1. The contract can only be terminated for good cause.
2. The termination must be in writing.
3. In the event of termination, the services already provided by New York Webdesign are to be remunerated.

§ 9 – Payment terms

1. The terms of payment are included in the contract as part of it.
2. All prices are net prices, plus local statutory VAT
3. The invoices are issued by New York Webdesign at the agreed times. After receipt of the invoice by the customer, the amount is due for payment without deductions within ten working days.
4. In the event of default in payment, New York Webdesign is entitled, subject to the assertion of further damage, to charge default interest at a rate of 5% above the respective base rate of the FED and to block any already published Internet pages of the customer that were created by New York Webdesign.
5. If no payment has been made after the customer reminder, New York Webdesign is entitled to charge a processing fee of USD 20.00 for each reminder.
6. A processing fee of USD 25.00 will be charged for debited debits.

§ 10 – Usage rights

1. New York Webdesign grants the customer the exclusive, spatially and temporally unlimited right to use the contractual internet pages. The granting of usage rights only becomes effective when the customer has paid the contractually agreed remuneration in full to New York Webdesign. All rights of use remain with New York Webdesign until the contractually agreed remuneration has been paid.
2. A reference to the copyright of New York Webdesign is included on an optimal subpage of the website. The customer is not entitled to remove these notices without the consent of New York Webdesign.
3. The right of use granted in accordance with Section 10 (1) of this contract may not be transferred, not even in part, to third parties for commercial purposes.

§ 11 – Confidentiality, duty to provide information

1. Both contracting parties, as well as their employees and assistants involved, mutually undertake to maintain confidentiality. As long as there is a legitimate interest in it, this obligation remains in effect even after the termination of the contractual relationship.
2. Both contractual partners are obliged to mutually clarify all circumstances that could influence the work result.

§ 12 – Final provisions

1. The exclusive place of jurisdiction for all disputes between New York Webdesign and the customer is Manhattan.
2. The legal relationship between the contractual partners is subject exclusively to the law of the United States, even if the customer is based abroad.
3. Should one of the above provisions be or become ineffective, this shall not affect the validity of the other provisions. The parties already undertake to agree on an effective clause to replace the ineffective clause that comes as close as possible to the economic purpose and intention of the invalid provision. The same applies accordingly in the event that the provisions are incomplete.

Last edit: New York, September 2020