--- title: Terms and Conditions — isla Studio url: https://isla-stud.io/agb/ date: 2015-05-12 --- # Terms and Conditions Terms and conditions governing paid contracts concluded via the platform (www.) or (support.)saskialund.de or isla-stud.io between isla-stud.io Saskia Teichmann (Certified Freelancer) P.O. Box 522430052 Hannover +49 4131 992 52 30hello@isla-stud.io VAT ID DE 278 372 212 – hereinafter referred to as the „Provider“ – and persons who, following the submission of an individual offer, purchase a product by accepting the offer, – hereinafter referred to as the „Customer“ or „Prospective Customer“ – are concluded. Effective as of May 31, 2023 Table of Contents Scope of Application, Definitions Conclusion of the Contract Services Customer Obligations and Payment Liability and Contractual Penalty Information on Data Processing Miscellaneous; Final Provisions §1 Scope of Application, Definitions (1) The business relationship between the Provider and the Customer described above is governed exclusively by the following General Terms and Conditions („GTC“) in the version valid at the time the offer or proposal is accepted. Any 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 to the extent that the purpose of the ordered goods and services cannot be predominantly attributed to the customer’s commercial or self-employed professional activity (Section 13 of the German Civil Code (BGB)). By contrast, a businessperson is any natural or legal person or partnership with legal capacity who, at the time of concluding the contract, is acting in the course of their commercial or self-employed professional activity (Section 14 of the German Civil Code (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 granting of licenses, 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 only 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 within the meaning of copyright law (as well as their derivatives), and computer programs within the meaning of Section 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, including works protected by copyright (as well as their derivatives) and computer programs as defined in Section 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 website isla-stud.io is subject to change without notice. By clicking the “Accept” button (e.g., proposal at support.saskialund.de for interested parties in the „Proposals” section) or „Accept” (for existing customers at support.saskialund.de in the „Offers” section) submits a binding offer to enter into a contract as part of the respective individual offer at support.saskialund.de. Individual quote submissions and customer acceptance of quotes are also possible by email upon agreement. The customer remains bound by this offer for 7 days. (2) The offer refers to the product or products that are displayed or described in the overview prior to the submission of the 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 shall confirm receipt of the prospective customer’s or customer’s offer via email, summarize the essential details of the booking, and shall communicate any acceptance of the offer either as part of this confirmation or in a subsequent email. The customer’s obligations are governed by § 4 of these Terms and Conditions. (3) The Provider is permitted to list the order or customer in its public portfolio. §3 Services (1) The purchase of one of the Provider’s service products (WP Service Contract, Web Development (web design, website creation, and/or custom web projects)) includes services in accordance with the following terms: (2) The place of performance and fulfillment is Lüneburg. (3a) The services rendered remain the property of the Provider until full payment has been made. The Customer has no rights to them until the Provider has received the fee. (3b) “WP Service Contract”: Until payment is received, it will not be possible to use a concluded service contract via the support system at support.saskialund.de. Upon 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”: Upon receipt of full payment, all applicable access credentials for the respective project will be provided immediately. Any necessary migration of the project site to the customer’s servers or to a customer server set up as part of the order will take place after customer 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 included 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 shall be extended by a period appropriate for processing—but by at least 3 business days. Delivery deadlines are always specified in business days (10 days = 10 business days). Unless otherwise agreed, compatibility during website development is guaranteed exclusively for current, secure browsers. As of today, these are: Safari, Firefox, Opera, Chrome, and Edge. Special arrangements are possible but must be agreed upon in writing between the Provider and the Client before the order is placed. Subsequent adjustments for compatibility with older browsers are possible for an additional fee, but are limited, as many modern features and designs cannot be implemented identically in older browsers. (4) The „WP Service Contract“ service product grants access to the support system within the scope of the agreed-upon service plan. The support system is accessible at https://support.saskialund.de. A request submitted via the support system that falls within the scope of the agreed-upon service contract will be answered within 24–48 hours. Unless otherwise agreed in the contract, tasks will be completed on business days between 9:30 a.m. and 5:00 p.m. (MET). The completion of the task will be scheduled in the Provider’s timeline based on the estimated time required. The Provider reserves the right to decline task requests if they exceed the scope of work described in the offer.This product is a continuing 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. Termination of the product may be carried out electronically via the provided customer interface in the “Support” section at https://support.saskialund.de. (5) All other copyrights, patents, trademarks, and related rights remain with the Provider in relation to the Customer. To the extent that such rights belong to third parties, the Provider holds the corresponding rights of use. §4 Customer Obligations and Payment (1) Upon acceptance of an offer, the customer is obligated, unless otherwise agreed, to pay the agreed-upon purchase price. This must be done immediately and, unless otherwise agreed, no later than 7 days after acceptance of the offer and issuance of the invoice. The purchase price is considered paid upon receipt of the payment in the Provider’s account. Payment may be made via PayPal, SEPA direct debit, credit card (VISA, Mastercard, American Express), or bank transfer. The Customer will receive the relevant account or transfer details upon invoicing. (2) Customer’s Obligations to Cooperate: The customer is obligated to provide all necessary cooperation required for the provider to perform the services offered. This includes, in particular, the timely and complete provision of information, materials, data, access, or similar resources as specified in the offer, the order confirmation, or during concept meetings. Unless other delivery deadlines have been agreed upon, these must be provided no later than 7 days after a request by the Provider. If the customer fails to fulfill these obligations to cooperate, the Provider is entitled to adjust the contractually agreed-upon services accordingly or to postpone their schedule. Reserved capacity and any resulting costs may be billed. (3) Failure to Meet Deadlines and Schedules: If the performance of the agreed-upon services is delayed due to the customer’s failure to fulfill obligations—in particular, due to the non-delivery, late delivery, or incomplete delivery of data or materials—the Provider shall invoice the customer for any additional expenses incurred as a result. The hourly or daily rate agreed upon in the quote or contract shall serve as the basis for such charges. The Provider also reserves the right to bill the Customer for firmly reserved time slots that remain unused due to a lack of cooperation on the Customer’s part. This applies in particular if the customer allows agreed-upon appointments to pass unused without canceling them at least 7 days in advance. Separate agreements regarding cancellation deadlines may be made. (4) The customer is obligated to observe the limitations on their 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 service without the provider’s prior written consent. (5) As a purchaser of one of the service products (e.g., “WP Service Contract”), the customer is obligated to observe the limitations set forth in § 3 (3), sentence 3, of these Terms and Conditions. §5 Liability and Contractual Penalty (1) If the Customer intentionally or negligently breaches its obligations under § 4 (2) and (3) of these Terms and Conditions, the Provider is entitled to a reasonable contractual penalty in the amount of 250€ (in words: two hundred fifty euros) for each violation. For ongoing violations, a contractual penalty of €250 (in words: two hundred fifty euros) per week is agreed upon. Any contractual penalties shall be offset against claims for damages. These penalties represent the minimum damages but do not constitute a limitation of liability. (2) The customer’s claims for damages are excluded. Exceptions to this are the customer’s claims for damages arising from injury to life, limb, or health, or from a breach of material contractual obligations (cardinal obligations), as well as liability for other damages resulting from 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 purpose of the contract. (3) In the event of a breach of essential contractual obligations, the Provider shall be liable only for foreseeable damages typical for this type of contract if such damages were caused by simple negligence, unless the claims for damages by the Customer arise from injury to life, body, or health. (4) The limitations set forth in paragraphs 1 and 2 also apply in favor of the Provider’s legal representatives and vicarious agents if claims are asserted directly against them. (5) The provisions of the Product Liability Act remain unaffected. (6.1) The customer is liable for the content on its website. For publications commissioned by the customer, only texts and images for which the customer holds the appropriate right of use may be provided for publication. (6.2) Claims for damages against the Provider are excluded unless they are based on intentional or grossly negligent conduct on the part of the Provider itself or its vicarious agents. The statute of limitations for asserting claims for damages is three years and begins on the date the act giving rise to the obligation to pay damages was committed. (6.3) For all other claims for damages, the statutory provisions of the German Civil Code apply. §6 Information on Data Processing (1) The Provider collects customer data in connection with the fulfillment of contracts. In doing so, the Provider complies in particular with the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the Provider will collect, process, or use the customer’s personal and usage data only to the extent necessary for the execution of the contractual relationship and for the use and billing of telemedia services. (2) The customer may at any time access the data stored about them in their customer account at support.saskialund.de and, if necessary, modify it. To have the data deleted, the customer must notify the Provider in writing (via email). However, the retention periods stipulated by the German tax authorities take precedence in this regard. Furthermore, with regard to the customer’s consents and further information on data collection, processing, and use, reference is made to the Privacy Policy, which is available in printable form at any time on the provider’s website via the “Privacy” button. §7 Miscellaneous; Final Provisions (1) This contract is governed by the laws of the Federal Republic of Germany, excluding international private law and the UN Convention on Contracts for the International Sale of Goods. (2) Should any provision of this contract be or become invalid, ineffective, or unenforceable, the remaining provisions shall remain in full force and effect. The parties agree to replace the invalid, ineffective, or unenforceable provision with a valid, effective, and enforceable provision that most closely reflects 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 provider’s registered office. Drafted by the law firm Heidrich Rechtsanwälte, represented by Attorney Brian Scheuch.