General terms and conditions

§ 1 Scope

These general terms and conditions apply to all contracts between Omid Amini, Remscheid (the “contractor”) and his clients (the “client”) for web development and IT services. Deviating terms of the client are not accepted unless the contractor expressly agrees to them in writing.

§ 2 Conclusion of contract

Offers from the contractor are subject to change and non-binding. A contract is only concluded by the contractor’s written order confirmation or by the start of performance.

Amendments and additions to the contract must be made in writing. This also applies to waiving this written form requirement.

§ 3 Scope of services

The scope of the services results from the respective project description and the agreed quote. Changes to the scope require a separate written agreement and may lead to an adjustment of the fee.

The contractor may have parts of the services performed by qualified third parties, provided the client is informed.

§ 4 Client’s duty to cooperate

The client must provide all information, materials and access required for the project in good time. This includes in particular:

• Texts, images and other content
• Access data for existing systems
• Feedback and approvals within the agreed deadlines

Delays caused by a lack of cooperation from the client are not the contractor’s responsibility and may lead to postponed deadlines and additional costs.

§ 5 Fees and payment terms

The fee results from the respective quote. All prices are net prices. No VAT is charged or shown under § 19 UStG (German small business rule).

Unless agreed otherwise, the following payment structure applies:

• 50% deposit when the order is placed
• 50% after completion and before final hand-over

Invoices are payable within 14 days of the invoice date without deduction. In case of late payment, default interest of 9 percentage points above the base rate is charged.

§ 6 Ownership and rights of use

After full payment of the agreed fee, the client receives the exclusive right to use the created works without limitation in time or territory.

The contractor retains the right to use the work in his portfolio and as a reference, unless the client expressly objects.

Open source components used are subject to their respective open source licences.

§ 7 Acceptance

The client must review and accept the services within 14 days of notification of completion, or report justified defects in writing.

If there is no response within this period, the services are deemed accepted.

§ 8 Warranty

The contractor warrants that the services correspond to the agreed specifications.

For consumers (§ 13 BGB) the statutory warranty periods under § 634a BGB apply (usually two years).

For businesses (§ 14 BGB) the warranty period is 12 months from acceptance; statutory rights in case of fraudulent intent remain unaffected.

Defects caused by incorrect or incomplete information from the client are not covered by the warranty.

§ 9 Limitation of liability

Unlimited liability: the contractor is liable without limitation for damage resulting from injury to life, body or health caused by a negligent or intentional breach of duty, for damage caused intentionally or by gross negligence, and under the German Product Liability Act.

Essential contractual obligations: for damage resulting from a slightly negligent breach of essential contractual obligations (cardinal obligations), the contractor’s liability is limited to the typical, foreseeable damage.

Otherwise excluded: any further liability for slight negligence, in particular for lost profit, indirect damage and consequential damage, is excluded.

The provisions of the German Product Liability Act remain unaffected.

§ 10 Confidentiality

Both parties undertake to treat all confidential information of the other party received in the course of the cooperation as confidential and not to pass it on to third parties. This obligation continues after the end of the contract.

§ 11 Termination

Both parties may terminate the contract without notice for good cause. Good cause exists in particular if the other party breaches essential contractual obligations and does not remedy the breach despite a warning.

If the client terminates without good cause, services already rendered must be paid in full.

§ 12 Right of withdrawal for consumers

Right of withdrawal

If you are a consumer (§ 13 BGB), you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us (Omid Amini, OA IT Solutions, Emil-Nohl-Straße 38, 42897 Remscheid, Germany, email: contact@omidamini.de) of your decision to withdraw from this contract by a clear statement (e.g. a letter or email).

To meet the withdrawal deadline, it is sufficient to send your notice of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we must refund all payments received from you without delay and at the latest within 14 days.

Expiry of the right of withdrawal

The right of withdrawal expires early if we have begun to perform the service and you have expressly agreed that we start before the end of the withdrawal period, and you have confirmed that you know you lose your right of withdrawal once performance begins (§ 356(4) BGB).

Note: the right of withdrawal does not apply to contracts between businesses (B2B). A separate agreement on the start of performance can be made when the order is placed.

§ 13 Final provisions

The law of the Federal Republic of Germany applies. The place of jurisdiction is Remscheid if the client is a merchant, a legal entity under public law or a special fund under public law.

Should individual provisions of these terms be or become invalid, this does not affect the validity of the remaining provisions.