Terms and Conditions
TERMS AND CONDITIONS FOR WEB DESIGN AND SERVICES
I. General
The following General Terms and Conditions (GTC) are part of all contracts with JARVION LTD, Tepeleniou 13, Tepelenio Court, 2nd floor, 8010 Paphos, Cyprus (hereinafter JARVION) and all resulting services. Deviating terms and conditions of the international and national contractual partners do not become part of the contract.
There are no additional oral agreements at the conclusion of the contract. Changes and additional agreements must be made in writing.
II. Obligations of the client
1. The customer provides JARVION with all content to be used on the homepage. The timely delivery of data is the basis for the fulfillment of this contract.
2. The delivery of the delivered material takes place in electronic form.
Texts in common text editing formats.
Images in sufficiently high resolution as jpg.
Logo as free png.
3. If texts are not available in common word processing formats and images are not available in digital form – in sufficiently high resolution as .jpg, logo as freed .png – we can also be happy to help here, additional costs arise according to effort. On request, we can also research images for the design of the website from image databases, also here there are additional costs according to effort and costs for the licenses of the images themselves.
4. Unless otherwise agreed in writing, JARVION may also have the services provided by third parties.
III. Approval
1. After completion of the homepage and notification by JARVION to the customer, the customer will take over the homepage within 14 days.
2. If defects are found on the website, JARVION will remedy them promptly.
3. The successful elimination of the defects is considered a final acceptance. If the customer then discovers further defects, these will be charged separately.
4. A final acceptance is automatically available when the customer commissions JARVION with the final online position.
IV. Termination
Both parties may terminate this contract for good cause. The work done by JARVION until the termination is to be paid by the client.
V. Terms of payment / price information
1. The prices indicated are always net plus 19% VAT.
2. The invoicing takes place automatically after the final acceptance and 50% after programming.
3. In addition to the agreement made, JARVION will be reimbursed for the following expenses:
Travel expenses / travel expenses
Other expenses
4. If the customer has additional wishes beyond the offer, JARVION can charge the additional effort separately according to the hourly rate.
VI. Payment methods
1. Invoices are to be paid no later than 14 days after receipt. After this period, the customer is automatically in default of payment.
2. If a deposit has been agreed, this must be paid no later than 14 days after receipt.
3. A right of retention of the customer is excluded.
4. If the customer is in default of payments, JARVION is entitled to charge statutory default interest.
VII. Liability
1. JARVION is only liable for intent and gross negligence, unless it is a violation of an essential obligation under the contract.
2. JARVION is not responsible for the success of the customer in the project. In particular, no guarantees are given regarding placement in search engines.
3. In the event of a breach of contractual obligations, liability is limited to the damage typical of the contract. JARVION is not liable for consequential damages.
4. The liability of JARVION is excluded in case of slight negligence.
5. In any case, the liability is limited to the amount of remuneration from this contract.
6. Technical changes, deviations of the illustration and errors excepted.
VIII. Copyright (applies in general)
1. Insofar as the client provides image or text material to be processed, JARVION assumes no liability for possible copyright infringements or other infringements of the image or for the rights of the persons or objects depicted therein, which may be affected by the use of the image on the Internet.
2. The client must ensure that his visual material is legally suitable and permissible for publication on the Internet. JARVION hereby clarifies that he does not carry out an examination as to whether third party rights exist to the visual material.
3. The client assures that there are no rights of third parties to the image and text material handed over and to be used and that the images and texts do not violate the rights of third parties. The client indemnifies JARVION from any liability for the use or processing of images and texts provided by the client. All possible claims of third parties are assumed by the client.
4. The client hereby agrees that JARVION immediately ceases the publication of the image material on the Internet if he, as the alleged disturber of the rights of third parties to the visual material, has been claimed for damages or omission and this is technically possible for JARVION.
5. In addition to photos, the mentioned images also include illustrations and logos.
6. JARVION may place a reference to authorship in a suitable place on the website. The customer is entitled to remove this notice without the prior consent of JARVION.
7. The unrestricted right of use of all artistic and copyrighted works in this offer and the services described therein is only transferred to the client with payment, insofar as they were created by JARVION. The adaptations of texts, images and layouts on the customer’s website are expressly permitted.
8. A resale or distribution of the artistic and copyrighted works, in esg. layouts and templates, is only possible after consultation with JARVION.
IX. External services, third-party providers
If external services are used for the website (e.g. GoogleMaps, web hosting, etc.), the rights of use of the external service providers apply without restriction. JARVION appears here only as a vicarious agent.
X. Data protection
The customer agrees to the collection, storage and processing of his personal data to the extent necessary for the execution of this contract. This also applies to the settlement of remuneration.
XI. Place Of Jurisdiction, Applicable Law
The contract is subject to the law of the Federal Republic of Germany.
XII. Severability clause
If any clause of these Terms is invalid, this does not affect the validity of the other clauses. If a clause of these conditions is invalid in only one part, the other part remains valid. The parties are obliged to replace an ineffective clause with an effective substitute provision that comes as close as possible to the economic purpose of the invalid term of the contract.
(Status: February 2023)