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Terms & Conditions

In short and in plain language

These rules apply when you give us a job. They do not apply to hosting. Hosting has its own rules. For our website and shop packages, special rules come first.

We work closely together. Each side names one person for questions. We tell each other about problems at once.

You give us what we need in good time. For example texts, images and data. You must hold the rights to them.

Texts from us are drafts. Before you publish them, you check yourself that they are legal. After that, they are your responsibility.

What we do is set out in the order confirmation. If you want a change, tell us in writing. You pay for the extra work.

Unless agreed otherwise, we charge by time. A fixed price is paid in advance. VAT is added to all prices.

If a contract runs for a set time, give notice two months before it ends. The notice must be in writing. If not, the contract runs on for one more year. If a contract has no set end, such as maintenance, give one month of notice to the end of a month. An email is enough for this. If the offer says something else, the offer applies.

We stand by our work for one year after you accept it. To accept means, for example, that the site goes live. First we may fix a fault ourselves.

The rights to our work stay with us until that work is paid. Then you may use, change and pass on the results. You may also let others work on them. Parts made by others come with their own license. For hosting and a subscription, this right lasts only as long as the contract. If a bill is open, we may block access. We do not block your content, your data or work that is already paid.

For a slight oversight our liability is limited. If data is lost because you made no backup, we are not liable for it. This does not apply if we have taken on the backups. German law applies. Disputes go to a court where we are based.

This summary helps you understand. The full text below is what applies.

Scope: These terms apply to all services of XICTRON, except hosting. Hosting is governed by the Terms for Hosting of XICTRON. For website and shop packages as a subscription or one-off purchase, the special terms for website and shop packages take precedence.

Section 1 - Cooperation

(1) The parties shall cooperate in good faith and inform each other immediately of any deviations from the agreed procedure.

(2) If the client recognizes that their information is incorrect, incomplete or impracticable, they must immediately notify XICTRON.

Section 2 - Client obligations

(1) The client undertakes to provide all proper and necessary data.

(2) The client supports XICTRON in fulfilling contractually owed services, including timely provision of information and materials.

Section 3 - Scope of services

The scope of services is specified in the valid order confirmation. Offers and prices are non-binding unless they have been declared binding in writing.

Section 4 - Remuneration

Payment of remuneration is due immediately after performance of the service for contracts billed on a time basis and in advance for orders billed at a flat rate. Any deviating payment terms require written confirmation by XICTRON. All prices are exclusive of statutory VAT.

Section 5 - Termination

(1) Contracts with a fixed term may be terminated by either party without giving reasons with two months' notice before the end of the term. If they are not terminated in due time, the term is automatically extended by one year.

(2) Termination must be in writing to be effective.

(3) Different rules on term and termination set out in the offer or the service description take precedence.

(4) Contracts for ongoing services without a fixed term, such as maintenance, upkeep, support or monitoring, may be terminated by either party with one month's notice to the end of a calendar month. In derogation from paragraph 2, text form is sufficient for this. Contracts with a fixed term are extended in accordance with paragraph 1, unless the offer or the service description provides otherwise (paragraph 3).

Section 6 - Warranty

XICTRON warrants that the product essentially complies with the specifications of the design and the conceptual specifications. XICTRON does not guarantee that the use of the product will achieve certain successes or results. The warranty period is one year from acceptance.

Section 7 - Rights

(1) All rights to the services provided by XICTRON remain with XICTRON until the respective service has been paid in full. Once it has been paid in full, the client receives the transferable right, unrestricted in time and territory, to use and edit the results created for them and to have them operated and edited by third parties. For general building blocks not created specifically for the client, this right is non-exclusive; third-party components are subject to their respective licenses.

(2) The right to use services that have not yet been paid in full exists only as long as the client meets their payment obligations. For one-off services, the right of use is only revocable until full payment has been made. For services that are provided only for the duration of an ongoing contractual relationship (continuous services, such as hosting or a subscription), the right of use, in derogation from paragraph 1, exists only for the duration of the contractual relationship, as long as the respective payments due are made. After full payment for a completed service, the right of use becomes irrevocable, unless otherwise agreed in the contract. If the client defaults on payments or if insolvency proceedings are opened against their assets, the right of use to services that have not yet been paid in full expires automatically.

(3) If there are outstanding, due or dunned claims against the client, XICTRON may refuse access to programming, hosting or other technical services until these claims have been settled in full. Access will be restored immediately upon full payment. The denial of access does not extend to results that have been paid in full or to the client's content and data.

Section 8 - Liability

XICTRON is liable for intent and gross negligence. For slight negligence, XICTRON is only liable in the event of a breach of a material contractual obligation (cardinal obligation) and for damage resulting from injury to life, limb, or health. In the case of slight negligence, liability is limited to the amount of foreseeable damage that can typically be expected to occur.

XICTRON is not liable for the loss of data insofar as the damage is due to the client's failure to perform data backups and thereby ensure that lost data can be restored with reasonable effort. This does not apply insofar as XICTRON has assumed responsibility for data backup.

Section 9 - Confidentiality

The parties undertake to treat all confidential information as confidential.

Section 10 - Final provisions

German law applies. Place of jurisdiction is the registered office of XICTRON, provided the client is a merchant.

The German version is authoritative.