Legal
Terms & Conditions
Clear rules are the basis of good collaboration. These are our general terms and conditions for website creation services. The German version is legally binding.
Note: this English translation is provided for convenience only. The German version of these terms (Allgemeine Geschäftsbedingungen) is the legally binding version.
1. Scope
1.1. These terms apply to all contracts between NEOS MEDIA (hereinafter "Provider") and commercial clients (hereinafter "Client").
1.2. Deviating terms and conditions of the Client do not apply.
1.3. The nature and scope of the services result from the respective offer or contract.
1.4. Engagements only become binding upon written confirmation (including by email).
1.5. These terms apply exclusively to the creation of websites. Services such as hosting, maintenance, care or other ongoing services are not part of these terms and are governed by separate contracts with their own terms.
2. Remuneration and payment
2.1. Invoices are due within 7 calendar days of the invoice date without deduction.
2.2. The Client is in default no later than 8 days after the invoice date. Default interest of 5 percentage points above the base rate applies. Further damages caused by default remain reserved.
2.3. The Provider is entitled to issue instalment and interim invoices.
2.4. Changes or cancellations by the Client are remunerated separately.
2.5. The one-time integration of content supplied by the Client is included. Subsequent content changes count as author's corrections and are charged separately.
2.6. A flat fee of EUR 5.00 may be charged for payment reminders.
2.7. Agreed down payments are credited against the total service. A refund is only made if no services have been rendered.
3. Performance time
Performance and delivery periods are extended appropriately in the event of circumstances outside the Provider's sphere of influence or in the event of a lack of cooperation by the Client.
4. Duties to cooperate
4.1. The Client provides all content, information and access credentials required for execution in good time.
4.2. In the event of delayed cooperation, the Provider may set a deadline and issue a partial invoice after expiry of the deadline.
4.3. The Provider does not owe a legal review of the content provided by the Client. The Client indemnifies the Provider against third-party claims.
5. Liability
5.1. The Provider is only liable in cases of intent or gross negligence.
5.2. In cases of simple negligence, liability is limited to material contractual obligations and foreseeable damage.
5.3. Liability is limited to the amount of the order value.
5.4. Damage to life, body or health is excluded from these limitations.
5.5. There is no liability for data loss or data backup.
6. Acceptance
6.1. Services may be submitted for (partial) acceptance.
6.2. The Client must report obvious defects in writing within 5 working days.
6.3. If no defects are reported or if the service is used, it is deemed accepted.
6.4. Insignificant deviations do not entitle the Client to refuse acceptance.
7. Final provisions
7.1. German law applies.
7.2. The place of jurisdiction is Bamberg, Germany, provided the Client is a merchant or a legal entity under public law.
7.3. Set-off and rights of retention are only permitted with undisputed or legally established claims.
7.4. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
7.5. Personal data is processed in accordance with the privacy policy.