General Terms and Conditions (GTC)

§ 1 Scope

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts between Piotr Wiśniewski, Longway Studio, Geinsheimer Weg 6, 12559 Berlin (hereinafter "Provider") and the Customer regarding the creation, hosting and maintenance of websites as part of a monthly subscription (Website-as-a-Service, hereinafter "WaaS").

(2) Deviating, conflicting or supplementary General Terms and Conditions of the Customer shall not become part of the contract unless their validity is explicitly agreed to in writing.

(3) The offer is aimed exclusively at entrepreneurs within the meaning of § 14 BGB. Conclusion of contracts with consumers (§ 13 BGB) is excluded.

§ 2 Subject of the Contract

(1) The Provider creates an individual website for the Customer based on modern web technologies (HTML, CSS, JavaScript) and provides it on its servers (hosting).

(2) The scope of services depends on the package selected (STARTER, BUSINESS or PREMIUM) according to the current price list on the Provider's website.

(3) The services include in particular: Creation of the website according to Customer specifications, hosting on German servers (GDPR-compliant), SSL certificate, technical maintenance and security updates, a fixed number of monthly changes depending on the package, e-mail support.

§ 3 Conclusion of Contract

(1) The presentation of the services on the website does not constitute a legally binding offer, but an invitation to submit an offer (invitatio ad offerendum).

(2) By submitting a booking request or making a payment, the Customer submits a binding offer to conclude a contract.

(3) The contract is concluded when the Provider accepts the offer, which is done by explicit confirmation via e-mail.

§ 4 Prices and Payment

(1) The prices stated on the Provider's website at the time the contract is concluded shall apply. According to § 19 UStG, no sales tax is calculated and therefore not shown (Small Business Status).

(2) Payment is made monthly in advance by credit card or other means of payment offered through the payment service provider.

(3) The payment service provider is Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland). Stripe's terms of use also apply.

(4) If the Customer is in default with the payment of the monthly fee, the Provider is entitled to temporarily take the website offline (blocking) after prior notification (text form is sufficient) and setting a reasonable grace period. The Customer's contractual payment obligation remains unaffected during the blocking period.

§ 5 Contract Term and Termination

(1) The contract is concluded for an indefinite period and can be terminated monthly. The notice of termination becomes effective at the end of the current, already paid billing period.

(2) Payments already made for the current billing period will not be refunded in the event of termination. The Customer has full access to all contractually agreed services until the end of the paid period.

(3) The right to terminate for good cause remains unaffected.

(4) Termination must be in text form (e.g. e-mail to info@longwaystudio.de).

(5) After termination of the contract, the website will be removed from the Provider's server within 14 days. An automatic handover of the website files to the Customer does not occur.

§ 6 Duties of Cooperation and Responsibility of the Customer

(1) The Customer shall provide the Provider with all content (texts, images, logos) required for the creation of the website in a timely manner.

(2) The Customer ensures that the content provided is free of third-party rights or that they have the necessary usage rights. This applies in particular to photographs, graphics, logos and texts. The Customer warrants that they have the necessary copyright, usage and exploitation rights for all content provided by them and that this content does not violate any third-party rights.

(3) The Customer bears sole legal responsibility for the accuracy, lawfulness and completeness of all content provided by them (customer content clause). This includes in particular: the factual accuracy of texts, price information and product descriptions, compliance with competition law regulations (e.g. UWG), the lawfulness of images and graphics used, and compliance with data protection requirements regarding personal data in the content.

(4) The Provider is not obliged to check the content provided by the Customer for its lawfulness, accuracy or completeness. However, the Provider reserves the right to reject or remove obviously illegal content after consultation with the Customer.

(5) The Customer shall indemnify the Provider against all third-party claims asserted against the Provider due to the content provided by the Customer. This also includes the reasonable costs of legal defense.

(6) If the Customer does not fulfill their cooperation obligations (e.g. the delivery of texts, images or logos) or does not do so in a timely manner, this does not release them from the obligation to pay the agreed monthly remuneration. The payment obligation begins at the time agreed in the contract, regardless of whether the website could already be completed or put online due to the Customer's lack of content.

§ 7 Usage Rights

(1) The Provider grants the Customer a simple, non-transferable right to use the created website for the duration of the contractual relationship.

(2) Upon termination of the contract, the Customer's usage rights end. An automatic transfer of usage rights or a handover of the website files to the Customer does not occur.

(3) The Customer has the possibility to acquire the full usage rights to the individual design and code against payment of a one-time buyout fee. The amount of the buyout fee depends on the previous contract term and is calculated as follows:

• Contract term less than 12 months: 1200 €
• Contract term from 12 to less than 24 months: 1000 €
• Contract term from 24 to less than 36 months: 800 €
• Contract term of 36 months or more: 500 €

Only after full payment of the buyout fee do the usage rights to the individual design and code pass to the Customer and the website files are provided as an archive. The buyout includes the handover of the finished website files in a common format (HTML/CSS/JS). The release of development environments, proprietary build scripts or source code repositories is not part of the buyout, unless explicitly agreed otherwise.

(4) Standard components, frameworks and reusable code elements remain the property of the Provider and are excluded from the buyout regulation.

(5) All designs, layouts, and code fragments created as part of demo requests or preliminary work remain the exclusive intellectual property of the Provider. The Customer is prohibited from using, copying, reproducing, or using these as a template for third parties without explicit written consent or the full acquisition of usage rights (buyout).

§ 8 Handling of Customer Content and Data Retention

(1) The Provider only stores the respective current version of the website content. When changes are made, previous versions of the affected content (texts, images, graphics) are overwritten and not archived.

(2) The Customer is solely responsible for keeping their own backup copies of their content (texts, images, logos, graphics). The Provider assumes no responsibility for the loss of content that has been replaced by a change ordered by the Customer.

(3) The Provider recommends that the Customer make their own backup copy of the content to be replaced before each ordered change.

§ 9 Liability

(1) The Provider has unlimited liability for damages resulting from injury to life, body or health, as well as for damages caused intentionally or through gross negligence.

(2) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the contractually typical, foreseeable damage.

(3) Otherwise, liability for slight negligence is excluded.

(4) The Provider is not liable for failures outside its area of responsibility, in particular for disruptions caused by the hosting provider (All-Inkl) or other third parties, as well as force majeure.

(5) The Provider is not liable for Customer content (see § 6 Para. 3 and 5).

§ 10 Availability

(1) The Provider endeavors to ensure 99% availability of hosted websites on an annual average. Maintenance work will be announced where possible.

(2) Planned maintenance windows and disruptions outside the Provider's control are excluded from the availability calculation.

§ 11 Data Protection

(1) The Provider processes personal data in accordance with the provisions of the GDPR and the BDSG. Details are regulated in the privacy policy on the Provider's website.

(2) If the Customer integrates third-party tools (e.g. tracking, plugins) into the website, the Customer is responsible for compliance with data protection requirements.

(3) Insofar as the Provider processes personal data on behalf of the Customer, a separate Data Processing Agreement (AVV) pursuant to Art. 28 GDPR will be concluded as required.

§ 12 Final Provisions

(1) The law of the Federal Republic of Germany applies.

(2) If the Customer is a merchant, legal entity under public law or special fund under public law, the place of jurisdiction for all disputes arising from this contract is Berlin.

(3) Should individual provisions of these GTC be or become ineffective, the effectiveness of the remaining provisions remains unaffected.