1. Scope and contracting party
These Terms and Conditions apply to contracts between El Camino, proprietor Miguel Leal Spohr, Sörgenlocher Weg 13, 55268 Nieder-Olm, acting under the brand Digital 913 (provider), and entrepreneurs for web design, development, hosting, handover, maintenance and related digital services.
An entrepreneur is a natural person or legal person or partnership with legal capacity that, when concluding the contract, acts in exercise of its commercial or self-employed professional activity. Individual agreements and the accepted project offer take priority over these Terms and Conditions.
As these Terms and Conditions apply exclusively to entrepreneurs, there is no consumer right of withdrawal under Sections 312g, 355 of the German Civil Code.
2. Conclusion of contract and scope of services
A contract is concluded when the customer accepts an individual offer from the provider in text form or both parties otherwise confirm the order in text form. Demos, drafts and website previews are non-binding until the order is accepted.
The accepted offer, the project description and the agreed content are decisive for the scope of services. Unless expressly agreed otherwise, services of third parties, chargeable licences, fees charged by booking providers, copywriting, photography, legal advice and ongoing content work are not included.
Imprint and privacy policy pages included in a package are technically integrated on the basis of the information supplied or approved by the customer. This is not legal advice. The customer remains responsible for checking its legal information and industry-specific obligations.
3. Cooperation by the customer
The customer shall provide content, logos, media, legal information, approvals and the required access rights in good time and in a usable form. It warrants that the materials provided by it may be used for the project and do not infringe any third-party rights.
Time periods shall be extended appropriately if required cooperation, feedback or access is delayed. Additional work due to late, incomplete or subsequently changed requirements may be offered separately.
4. Prices and payment (50/50, PayPal)
The price stated in the accepted offer applies. All prices are net prices for entrepreneurs and are subject to the statutory value added tax of currently 19 %. The offer and invoice show the net amount, value added tax and gross amount.
Unless otherwise stated in the offer, 50 % is due as a deposit before work begins and 50 % upon delivery or acceptance. Payment is made via PayPal. Invoices are due upon receipt unless another payment term is specified.
The deposit of 50 % covers implementation of the agreed scope including the revision round under Section 5. The domain changeover, the handover under Section 7 and the granting of usage rights under Section 9 will only take place once full payment has been made.
In the event of default of payment, the statutory provisions apply. After notice, the provider may suspend work for as long as a due payment remains outstanding; further rights remain unaffected.
If a due payment remains outstanding after reminder and a reasonable grace period, the provider may temporarily take a website hosted by it offline until payment has been received. The customer will be informed of this in advance in text form. The entitlement to remuneration remains; the customer’s data will not be deleted as a result.
5. Revision round
The project price includes one bundled revision round. It covers up to five points of change within the agreed scope of services, to be submitted as a single coordinated list within the review period notified for the project. A point of change is a clearly defined request, such as a replaced text, a replaced image or a changed colour.
New pages, functions, languages, integrations, a changed design direction or requirements outside the agreed scope are additional services. Remedying a defect does not count as a request for change.
6. Delivery, acceptance and defects
The provider shall make the completed work available for review and request acceptance, provided the project is a work capable of acceptance. The customer shall review it promptly and specify material deviations from the contract with sufficient detail.
Acceptance may not be refused due to immaterial defects. The statutory provisions apply to acceptance, in particular Section 640 of the German Civil Code. Statutory defect rights remain unaffected; the provider must first be given a reasonable opportunity to provide subsequent performance.
Display deviations caused solely by unusual, obsolete or no longer supported browsers or devices are not defects, unless support for these was expressly agreed.
7. Hosting and handover
Three months of hosting are included unless otherwise provided in the offer. The period begins with delivery or acceptance. Availability may depend on third-party infrastructures, in particular on Vercel, domain registrars, email and integration providers.
After the included period, the standard handover takes place either as a static export or by transferring the Vercel project, depending on the technical requirements of the website. Dynamic functions may require a project transfer or ongoing third-party services and are not always usable in a static export.
The domain changeover to the new website and the handover require full payment of the agreed price (Section 4).
The customer shall provide suitable accounts or set them up and cooperate in the transfer. After handover, the terms and costs of the third-party providers apply directly to the customer, unless otherwise agreed.
8. Maintenance plan and further changes
An optional maintenance plan may be agreed for 50 € net per year (59,50 € incl. 19 % VAT) and includes hosting as well as a standard domain within the usual price range, in particular .de. If the desired domain costs more from the registrar — for example premium domains or special extensions — the difference will be passed on at cost; the provider will state the amount before booking. Content, design, functional, support or maintenance changes are not included. The plan is agreed separately for a fixed year and is extended only if expressly agreed.
After delivery, a minor change may be commissioned for 49 € net (58,31 € incl. VAT) and a major change for 149 € net (177,31 € incl. VAT). The provider shall confirm the category and scope before the customer commissions the change. Work beyond this will be offered separately.
9. Usage rights
After full payment of the agreed price, the customer receives the rights required to use the individually created project result for the agreed business purpose, for an unlimited period. Which editable source files are handed over depends on the agreed handover format.
Software, fonts, media and other third-party components remain subject to their respective licence terms. Existing tools, reusable components, methods, know-how and general design or development techniques remain with the provider.
Photos used are taken from royalty-free collections, in particular from Pexels, and are used within the scope of the respective licence. They are not transferred exclusively to the customer and may only be reused within the scope of this licence. If the customer provides its own images, Section 3 applies.
Until full payment has been made, drafts and demos may be reviewed solely for the purpose of deciding on the project and carrying it out, but may not be published, reproduced or used commercially without consent.
10. Liability
The provider is liable without limitation in the event of intent and gross negligence, in the event of injury to life, body or health, under mandatory product liability law and in the event of an expressly assumed guarantee.
In the case of simple negligence, the provider is liable only in the event of a breach of an essential contractual obligation, the fulfilment of which makes proper performance of the contract possible in the first place and on compliance with which the customer may regularly rely. In this case, liability is limited to the foreseeable damage typical of the contract. Statutory defect claims and mandatory liability remain unaffected.
The provider is not responsible for failures, changes or restrictions of independent third-party providers outside its sphere of influence; it shall fulfil separately agreed integration or support obligations with due care.
11. Confidentiality and data protection
Both parties shall treat non-public business information received in connection with the project as confidential. Statutory disclosure obligations remain unaffected.
Each party shall comply with the data protection obligations applicable to it. To the extent that the provider processes personal data on behalf of the customer, the parties shall conclude the legally required agreement on processing on behalf before the start of such processing.
12. Final provisions
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a legal person under public law or a special fund under public law, the courts having jurisdiction for the provider’s registered office are agreed; mandatory places of jurisdiction remain unaffected.
For the sake of clarity, amendments and supplements should be recorded in text form. Individual agreements shall always take precedence. Should a provision be or become invalid, the remaining provisions shall remain effective; the statutory provision shall replace the invalid provision.