Terms of Service
Effective Date: October 26, 2023
§ 1 Scope of Application
These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between InterIT Solutions (Owner: [Your Name], [Your German Company Address, City, Postal Code, Germany], hereinafter "Provider") and its customers (hereinafter "Customer") concerning the products (website templates, WordPress plugins) and services (e.g., implementation, customization) offered on the website https://www.yourdomain.de or via individual offers. Deviating conditions of the Customer are not recognized unless the Provider expressly agrees to their validity in writing.
§ 2 Services and Products Offered
The Provider offers digital products such as website templates and WordPress plugins, as well as related services including the implementation and customization of these products.
Website Templates
Website templates are pre-designed website layouts that serve as a basis for creating a website. The exact scope of features for each template is described on the website or in the individual offer.
WordPress Plugins
WordPress plugins are software extensions for the WordPress content management system that add specific functionalities. The exact scope of features for each plugin is described on the website or in the individual offer.
Implementation Services
Implementation services may include the installation, configuration, and customization of templates and plugins according to the Customer's specifications, as agreed upon in an individual offer.
§ 3 Conclusion of Contract
The presentation of products and services on the Provider's website does not constitute a legally binding offer, but an invitation to submit an offer (invitatio ad offerendum).
The Customer can request a quote for products or services via the contact form, email, or other communication channels provided.
A contract is concluded when the Provider sends a specific offer to the Customer based on their inquiry, and the Customer accepts this offer in writing (e.g., via email) or by conclusive action as specified in the offer.
§ 4 Prices and Payment Conditions
The prices for products and services are determined by individual offers provided to the Customer. All prices are quoted in Euros and, unless otherwise stated, are subject to statutory value-added tax (VAT) if applicable.
Invoices are due for payment within [e.g., 14 days] of the invoice date, unless otherwise agreed in the offer. Payment methods will be specified in the offer or invoice.
§ 5 Rights of Use (Licenses)
Upon full payment, the Customer receives a non-exclusive, non-transferable right to use the acquired digital products (templates, plugins) for the agreed purpose.
Templates
For website templates, the right of use typically permits the Customer to use the template for one (1) live website project, unless otherwise specified in the individual offer. The Customer may modify the template for this purpose.
Plugins
For WordPress plugins, the right of use typically permits the Customer to install and use the plugin on one (1) live website, unless a multi-site license or other terms are specified in the individual offer.
Restrictions
The Customer is not permitted to resell, redistribute, sublicense, or offer the acquired digital products to third parties for use, whether modified or unmodified. Reverse engineering, decompiling, or disassembling the software components of plugins is prohibited, except to the extent permitted by mandatory law.
§ 6 Customer's Obligations
The Customer is obliged to provide all information and materials necessary for the provision of services by the Provider truthfully, completely, and in a timely manner. The Customer shall ensure necessary cooperation for the implementation of projects.
The Customer is solely responsible for all content (texts, images, videos, etc.) provided by them or integrated into the website. The Customer warrants that they hold all necessary rights to such content and that it does not infringe any third-party rights or applicable laws.
§ 7 Liability (Haftung)
The Provider is liable without limitation for damages resulting from injury to life, body, or health that are based on a negligent or intentional breach of duty by the Provider. Furthermore, the Provider is liable without limitation for damages covered by liability under mandatory statutory provisions, such as the Product Liability Act, as well as in the case of assumption of guarantees.
For other damages, the Provider is liable only for intent and gross negligence. In the case of a slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider's liability is limited to the foreseeable, typically occurring damage. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose observance the Customer regularly relies and may rely. Liability for indirect damages, including lost profits, is excluded in cases of slight negligence. These liability limitations also apply in favor of the Provider's legal representatives and vicarious agents.
§ 8 Right of Withdrawal (Widerrufsrecht) for Consumers
Consumers generally have a statutory right of withdrawal when concluding distance contracts. The Provider will inform the Customer about their right of withdrawal separately in accordance with the statutory provisions (e.g., via a withdrawal instruction form).
For digital content (such as templates and plugins) not supplied on a physical medium, the right of withdrawal may expire prematurely if the Provider has begun with the performance of the contract after the Customer has expressly consented that the Provider begins with the performance of the contract before the expiry of the withdrawal period, and the Customer has confirmed their knowledge that they thereby lose their right of withdrawal upon commencement of performance. The Provider will obtain such consent where applicable.
Please find detailed withdrawal instructions here: Withdrawal Instructions
§ 9 Copyright and Intellectual Property
All content provided by the Provider, including website templates, plugins, texts, graphics, logos, and software, is protected by copyright and other intellectual property laws. Any use beyond the scope of the granted rights of use requires the prior written consent of the Provider.
§ 10 Final Provisions
Governing Law: These GTC and all contractual relationships between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Jurisdiction: If the Customer is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the Provider's registered office ([City of Your German Company]).
Severability Clause: Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.