Terms of Service

These Terms of Service serve as the legal basis for contractual relationships. They do not replace individual legal advice. It is recommended to have these terms reviewed by a lawyer before first use.

for web development services from 0xDeploy (freelancer) in Germany

1. Scope of Application

These Terms of Service apply to all contracts between 0xDeploy (hereinafter "Service Provider") and its clients regarding web development and related services. Deviating or supplementary agreements apply only if they have been expressly agreed in text form.

2. Formation of Contract

The client's inquiry by email or via another means of communication does not yet constitute a binding offer from the Service Provider. A contract is formed when the client accepts an offer from the Service Provider in text form or when the Service Provider confirms a client's inquiry in text form (e.g. by email). Scope of services, compensation and special agreements are recorded in a project agreement or order confirmation.

3. Scope of Services

The Service Provider performs web development services based on the briefing provided by the client and the respective agreed project documents. The agreed price generally includes up to two rounds of revisions during implementation, unless otherwise agreed. Further change requests after acceptance or additional services are billed at a rate of 60 € net per hour, unless otherwise agreed.

4. Client Cooperation Obligations

The client provides all content required for the project in a timely and suitable form, in particular texts, images, logos and other materials. The client is responsible for the legal permissibility and rights clearance of this content. The client ensures timely feedback on drafts and inquiries from the Service Provider. Delays due to late or incomplete cooperation by the client extend agreed deadlines accordingly. Where necessary, the client grants the Service Provider access to their hosting or domain account (e.g. Cloudflare, Vercel), to enable the agreed services to be performed.

5. Compensation & Payment

Compensation is determined by the respective agreed quote or project agreement. For one-pager projects, a deposit of 50% of the agreed project price is typically due upon commissioning, with the remaining 50% due upon completion or acceptance. For ongoing design supervision ("Design Supervision"), billing occurs monthly in advance. Invoices are due for payment within 14 days without deduction, unless otherwise stated. Statutory default interest applies in case of late payment. The Service Provider is entitled to withhold further services until full payment in case of default.

6. Copyright & Usage Rights

The Service Provider retains copyright in all works created by them (e.g. code, layouts, designs, concepts), insofar as these are eligible for copyright protection. The client receives a simple, unlimited and non-transferable right of use for the services provided upon full payment, for the agreed purpose and agreed domain. A transfer to third parties, sublicensing or use for other projects requires the prior consent of the Service Provider in text form. The client is responsible for ensuring that the content they provide (e.g. images, texts, logos) does not infringe third-party rights; liability of the Service Provider for this is excluded.

7. Hosting & Domain

Website hosting typically occurs on the client's account (e.g. with Cloudflare, Vercel or another provider). The client is the hosting provider's contractual partner and solely responsible for the contractual relationship, availability, terms and costs of hosting as well as the domain. The Service Provider assists with setting up the technical environment, but assumes no liability for disruptions, outages or performance limitations of the host or other third-party providers.

8. Warranty

Statutory warranty rights apply. The client must inspect the services provided within a reasonable period after completion, typically within 7 days, and report any defects in text form. In case of justified defect claims, the Service Provider will remedy the defects within a reasonable period. If remedial work fails after at least two attempts or is unreasonable, the client may demand a reduction in compensation (reduction) or, in case of substantial defects, withdraw from the contract. Further claims are governed by the liability provisions of these Terms.

9. Liability

The Service Provider is liable for intent and gross negligence in accordance with statutory provisions. In case of slight negligence the Service Provider is liable only for breach of an essential contractual obligation (cardinal obligation), the fulfillment of which enables the proper performance of the contract at all and on the observance of which the client may regularly rely. In this case liability is limited to the foreseeable, typically occurring damage at the time of contract formation. Liability is generally limited in amount to the respective order value. Liability for lost profit, indirect damage or consequential damage is excluded insofar as legally permitted. The Service Provider assumes no liability for content provided by the client.

10. Termination of Design Supervision

Ongoing design supervision agreements may be terminated by the client or the Service Provider with notice until the end of the current billing month, unless otherwise agreed. Termination must be in text form; termination by email is sufficient. Payments already made for the current month will not be refunded pro rata, provided the services could generally be performed.

11. Data Protection

The Service Provider processes the client's personal data exclusively within the framework of statutory provisions, in particular the General Data Protection Regulation (GDPR). Details on data processing, legal bases and the rights of data subjects are set out in the Service Provider's current privacy policy, which is made available to the client.

12. Final Provisions

German law applies excluding the UN Convention on the International Sale of Goods (CISG). Where legally permitted, the place of jurisdiction is the Service Provider's place of residence. If individual provisions of these Terms are or become wholly or partly invalid, the validity of the remaining provisions shall remain unaffected. A valid provision that comes closest to the economically intended purpose shall replace the invalid provision.