General Terms and Conditions

Terms and conditions for paid contracts concluded via the platform (www.) or (support.)saskialund.de or isla-stud.io between

isla-stud.io
Saskia Teichmann (Recognized freelancer)
P.O. Box 5224
30052 Hanover

+49 4131 992 52 30
hello@isla-stud.io

VAT ID DE 278 372 212

- hereinafter referred to as "Provider" -

and

Persons who purchase a product by accepting an offer after submitting an individual offer,

- hereinafter referred to as "customer" or "interested party" -

be closed.

Status: May 31, 2023

Table of contents

• Scope of application, definitions
• Conclusion of contract
• Services
• Customer obligations and payment
• Liability and contractual penalty
• Notes on data processing
• Miscellaneous; final provisions

§1 Scope of application, definitions

(1) The following General Terms and Conditions ("GTC") in the version valid at the time of acceptance of the offer or proposal shall apply exclusively to the business relationship between the Provider and the Customer described above. Deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity (Section 13 BGB). In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract (Section 14 BGB).

(3) A domain is the globally unique name of a website. A complete domain consists of a third-level domain (subdomain, e.g., „www.“), a second-level domain (e.g., „isla-stud“), and a top-level domain (e.g., „.io“). For the purposes of these Terms and Conditions and the grants of license, the term “domain” refers only to the second-level and top-level components of a domain name. Clarifying example: a domain would be only isla-stud.io or google.de; the third-level domain or subdomain is disregarded. Thus, mobil.isla-stud.io, www.isla-stud.io, and test.isla-stud.io would be considered a single domain within the meaning of these Terms and Conditions, unless separate, self-contained systems/websites/WordPress installations are maintained via each of these subdomains.

(4) A „product“ as defined in these Terms and Conditions includes all ready-made products, works as defined by copyright law (as well as their derivatives), and computer programs as defined by § 69a of the German Copyright Act (UrhG) offered by the Provider for a fee via www.saskialund.de or support.saskialund.de, or isla-stud.io for a fee, including ready-made products, works as defined by copyright law (as well as their derivatives), and computer programs as defined by § 69a of the German Copyright Act (UrhG), primarily in the form of source code and other digitally usable files. These currently include, in particular, compilations of machine-readable source code, also referred to as „themes“ or “templates.” Upon purchase, these are made available as a compressed download in accordance with § 3 of these Terms and Conditions. Furthermore, “products” as defined in these Terms and Conditions also include all other products, computer programs, service contracts (services), and works as defined by copyright law—as well as their derivatives—offered by the Provider for download for a fee.

§2 Conclusion of contract

(1) The offer on the isla-stud.io website is subject to change. By clicking the „Accepted“ button (e.g., a proposal at support.saskialund.de for prospective customers in the „Proposals“ section) or „Accept“ (for existing customers, see the „Offers“ section at support.saskialund.de) as part of the respective individual offer submitted at support.saskialund.de, the customer makes a binding offer to enter into a contract. Individual quote submissions and the customer’s acceptance of the quote are also possible by email upon agreement. The customer remains bound by this offer for 7 days.

(2) The offer applies to the product or products that are displayed or described in the overview prior to the submission of a binding offer. The Provider’s services are determined in accordance with the selection of the desired product pursuant to Section 3 of these Terms and Conditions. The Provider will confirm receipt of the prospective customer’s or customer’s offer via email, summarize the essential details of the booking, and will communicate its acceptance of the offer either as part of this confirmation or in a subsequent email. The customer’s obligations are governed by Section 4 of these Terms and Conditions.

(3) The Provider shall be permitted to list the order or customer in its public portfolio.

§3 Services

(1) The purchase of one of the service products (WP service contract, web development (web design, website creation and/or individual web projects)) of the Provider includes services in accordance with the following conditions:

(2) The place of performance and fulfillment is Lüneburg.

(3a) The services rendered shall remain the property of the Provider until full payment has been received. The Customer shall have no rights to them until the fee has been received by the Provider.

(3b) "WP service contract": Until payment has been received, it will not be possible to use a concluded service contract via the support system at support.saskialund.de. After receipt of payment, access to the support system for communication between the provider and the customer will be made available immediately.

(3c) „Web Design – Website Development – Custom Web Projects”: Once full payment has been received, any login credentials for the respective project will be provided immediately. Any necessary migration of the project site to the client’s servers or to a client server set up as part of the order will take place after the client’s approval and receipt of payment in accordance with the agreed-upon payment terms.
If content and elements are provided by the client, it is essential for meeting the agreed-upon delivery deadlines that all content required for the web project specified in the order (e.g., text, graphics, images, and videos) be provided no later than 6 days before the start of the planned development phase. If essential content elements and elements to be integrated programmatically are submitted late, the agreed-upon delivery deadline will be extended by a period reasonable for processing—but by at least 3 business days.
Delivery times are always stated as working days (10 days = 10 working days).
Unless otherwise agreed, compatibility during website creation is guaranteed exclusively for current, secure browsers. As of today, these are: Safari, Firefox, Opera, Chrome, Edge. Special agreements are possible, but must be agreed in writing between the provider and the customer before the order is placed. Subsequent adaptations for compatibility with older browsers are possible for an additional charge, but to a limited extent, as many modern functionalities and designs cannot be implemented congruently in older browsers.

(4) The service product "WP Service Contract" grants the use of the support system within the scope of the agreed service plan. The support system is available at https://support.saskialund.de reachable. A request submitted via the support system that falls within the scope of the agreed service contract will be answered within 24-48 hours. Unless otherwise agreed in the contract text, the task will be completed on weekdays between 9:30-17:00 (MET). Completion of the task shall be scheduled into the provider's timetable in accordance with the time required. The Provider reserves the right to reject task requests if they exceed the time frame described in the offer.
This product is a rolling contract with a minimum term of 3 months/12 months. Unless the product is canceled with 4 weeks„/3 months“ notice prior to the end of the current period, the service contract will be extended for the respective agreed-upon term. The product can be canceled electronically via the customer portal under the “Support” section at https://support.saskialund.de.

(5) The other copyrights, patent rights, trademark rights and ancillary copyrights shall remain with the Provider in relation to the Customer. Insofar as third parties are entitled to the rights, the Provider shall have the corresponding exploitation rights.

§4 Customer obligations and payment

(1) After acceptance of an offer, the customer is obliged, unless otherwise agreed, to pay the agreed purchase price. This must be done immediately and, unless otherwise agreed, at the latest within 7 days after acceptance of the offer and invoicing. The purchase price shall be deemed to have been paid upon receipt of payment in the supplier's account. Payment can be made via PayPal, SEPA direct debit, credit card (VISA, Mastercard, American Express) or bank transfer. The customer shall receive the corresponding connection or transfer data with the invoice.

(2) Obligations of the customer to cooperate
The customer is obliged to provide all necessary cooperation required for the fulfillment of the services offered by the provider. This includes in particular the timely and complete provision of information, materials, data, access or similar resources specified in the offer, the order confirmation or during the concept meetings. If no other delivery deadlines have been agreed, these must be provided within 7 days of the Provider's request at the latest.
If the customer fails to comply with these obligations to cooperate, the provider shall be entitled to adjust the contractually agreed services accordingly or to postpone them. Blocked capacities and the resulting costs may be invoiced.

(3) Non-compliance with deadlines and dates
If the performance of the agreed services is delayed due to negligence on the part of the customer, in particular due to the missing, late or incomplete delivery of data or materials, the additional expenses incurred by the provider as a result shall be invoiced to the customer. The basis shall be the hourly or daily rate agreed in the offer or contract.
The Provider also reserves the right to charge the Customer for firmly reserved time slots that remain unused due to a lack of cooperation on the part of the Customer. This applies in particular if the customer allows agreed appointments to pass unused without canceling them at least 7 days in advance. Separate agreements can be made for cancellation deadlines.

(4) The customer is obligated to observe the limitations on its rights granted pursuant to § 3 (3) of these Terms and Conditions, in accordance with § 3 of these Terms and Conditions. In particular, the customer may not resell or „white-label“ the Provider’s services without the Provider’s prior written consent.

(5) As the purchaser of one of the service products (e.g. "WP Service Contract"), there is an obligation to observe the limitations of § 3 (3) sentence 3 of these GTC.

§5 Liability and contractual penalty

(1) If the customer intentionally or negligently violates his obligations under § 4 (2) and (3) of these GTC, the provider shall be entitled to a reasonable contractual penalty of €250 (in words: two hundred and fifty euros) for each violation. A contractual penalty of €250 (in words: two hundred and fifty euros) per week is agreed for continuous breaches. Any contractual penalties shall be offset against claims for damages. They represent the minimum damage, but are not considered a limitation of liability.

(2) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(3) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.

(4) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(5) The provisions of the Product Liability Act remain unaffected.

(6.1) The customer shall be liable for the content on its website. For publications commissioned by the customer, only texts and images for which a corresponding right of use exists are to be made available for publication.

(6.2) Claims for damages against the Provider are excluded unless they are based on intentional or grossly negligent behavior on the part of the Provider itself or its vicarious agents. The limitation period for the assertion of claims for damages shall be three years and shall commence at the time at which the act giving rise to the obligation to pay damages was committed.

(6.3) The statutory provisions of the German Civil Code shall apply to all other claims for damages.

§6 Notes on data processing

(1) The provider collects customer data as part of the processing of contracts. In doing so, it shall observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider shall only collect, process or use the customer's inventory and usage data insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.

(2) The customer has the option at any time to retrieve the data stored by him in his customer account at support.saskialund.de and, if necessary, to change it. For deletion, it is necessary for the customer to inform the provider of this in writing (by e-mail). However, the retention periods according to the regulations of the German tax authorities take precedence. In addition, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the data protection declaration, which can be accessed in printable form at any time on the provider's website via the "Data protection" button.

§7 Miscellaneous; final provisions

(1) This contract is subject to the law of the Federal Republic of Germany with the exception of international private law and the UN Convention on Contracts for the International Sale of Goods.

(2) Should any provision of this Agreement be or become invalid, ineffective or unenforceable, the remaining provisions shall remain effective. The parties agree to replace the invalid, ineffective or unenforceable provision with a valid, effective and enforceable provision that comes closest to the economic interests of the parties. This also applies in the event of a gap in the contract.

(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the registered office of the Provider.

Written by the law firm Heidrich Rechtsanwälte represented by attorney Brian Scheuch.