General terms and conditions

§ 1 Scope

These terms apply to all contracts between acessio – Victor Knapp, Königstraße 35, 70173 Stuttgart, Germany (hereinafter “acessio”) and the client for the creation of websites, the connection of existing software, and the ongoing support and further development of these systems.

Clients may be businesses within the meaning of Section 14 of the German Civil Code (BGB) and consumers within the meaning of Section 13 BGB. Provisions that apply expressly only to consumers or only to businesses are marked as such.

Deviating terms of the client only become part of the contract if acessio agrees to them in text form. This also applies if acessio provides the service without reservation in the knowledge of such terms.

§ 2 Conclusion of contract

The content of this website does not constitute a binding offer. The enquiry form (“Request a consultation”) is expressly not an order: submitting it creates neither a contract nor any obligation to pay.

The contract is concluded when acessio sends the client an individual offer in text form and the client accepts it in text form. The scope of services and the remuneration set out in that offer are decisive; these terms apply in addition.

§ 3 Services

acessio's services may consist of two parts, which are classified differently under contract law:

Build (contract for work). Creating or reworking a website, setting up enquiry routes and establishing the connections to existing software described in the offer. The result described in the offer is owed.

Support (contract for services). Operation, maintenance, analysis and further development of the system for a monthly flat fee. What is owed is the careful performance of the agreed activities, not any particular economic result.

acessio expressly does not owe any particular ranking in search engines, any mention by AI assistants, any number of enquiries or any revenue. Such results depend on circumstances beyond acessio's control.

Changes to the agreed scope require text form and are remunerated separately insofar as they go beyond a minor adjustment.

§ 4 Client's cooperation

The client provides the content, access and information required for the service in good time and in full. This includes in particular texts, images, logos and access to the domain, hosting and the software to be connected.

The client warrants that it holds the necessary rights to the content provided. It indemnifies acessio against third-party claims based on a breach of this warranty; this does not apply insofar as acessio is responsible for the infringement.

If the service is delayed because the client's cooperation is not provided, agreed deadlines are postponed accordingly.

§ 5 Acceptance (build only)

On completion, acessio notifies the client that the work is ready for acceptance. The client checks the work within 14 days and declares acceptance in text form or names the specific points it objects to.

If the client puts the work into use – for example by publishing it under its domain – it is deemed accepted unless the client has previously reported defects.

Insignificant defects do not entitle the client to refuse acceptance.

§ 6 Remuneration and payment

The remuneration agreed in the offer applies. All prices stated are final prices.

For the build, a down payment of up to 50 percent may be agreed when the order is placed; the remainder is due on acceptance. The monthly flat fee is payable in advance for the respective month.

Invoices are payable without deduction within 14 days of receipt. If the client is in default, the statutory rules on default apply.

If a monthly payment that is due remains outstanding despite a reminder and a reasonable grace period, acessio may suspend the support services until the amount is settled. The client will be informed of this in advance in text form.

§ 7 Term and termination (support only)

Unless otherwise agreed in the offer, the support contract runs for an indefinite period and can be terminated by either party with four weeks' notice to the end of a month in text form.

The right to extraordinary termination for good cause remains unaffected.

After the contract ends, acessio hands over to the client the content and files to which it is entitled under § 8 in a common format. The operation of the connections and automations set up by acessio ends with the contract.

§ 8 Rights of use

What is transferred. Upon full payment of the agreed remuneration, the client receives the unrestricted, transferable right – unlimited in time, territory and content – to use, modify and pass on the design, texts and page structure created for it. The client can continue to operate the website with another provider.

What remains with acessio. The connections between software, the automations and the underlying system logic developed by acessio remain the property of acessio. The client receives a simple, non-transferable right of use for the duration of the support contract.

This division is expressly stated to the client in the offer before the contract is concluded.

Content provided by the client remains entirely the client's.

§ 9 Third-party services

Operation requires third-party services such as domain registration, hosting, scheduling tools or payment services. The client concludes contracts for these in its own name, unless otherwise agreed.

acessio is not liable for the availability, price changes or service changes of these providers. If a provider discontinues an interface, acessio will develop a replacement on request; the effort involved is to be remunerated separately.

§ 10 Data protection

If acessio processes personal data on behalf of the client – for example if enquiries, appointments or customer data run through a system set up by acessio – the parties conclude a data processing agreement pursuant to Art. 28 GDPR before processing begins.

The agreement used by acessio is available at acessio.de/auftragsverarbeitung.html (English translation: acessio.eu/dpa/).

§ 11 Warranty

The statutory provisions of the law on contracts for work apply to the build. acessio initially remedies defects by subsequent performance.

For businesses, the limitation period for claims for defects is one year from acceptance. This does not apply in cases of intent, gross negligence, fraudulent concealment of a defect, or damage resulting from injury to life, body or health.

For consumers, the statutory limitation periods apply unchanged.

There is no defect if a deviation is due to changes made by the client or a third party after acceptance.

§ 12 Liability

acessio is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, and under the German Product Liability Act.

In the case of simple negligence, acessio is liable only for the breach of material contractual obligations – obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the client may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded.

The client is responsible for backing up the data it uses.

§ 13 Use as a reference

acessio may name the client as a reference with its name, logo and screenshots of the website created, in particular on acessio.de.

The client may object to this at any time in text form. acessio will then remove the reference within 14 days. An objection only takes effect for the future and has no influence on the remuneration.

§ 14 Final provisions

German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of the state in which they have their habitual residence.

If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Stuttgart.

Amendments and additions require text form. If any provision is invalid, the remainder of the contract remains valid.

acessio is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us – acessio – Victor Knapp, Königstraße 35, 70173 Stuttgart, Germany, [email protected], phone +49 152 562 013 06 – of your decision to withdraw from this contract by means of a clear statement (for example, a letter sent by post or an email). You may use the attached model withdrawal form, but this is not mandatory.

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

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of such reimbursement.

If you requested that the services begin during the withdrawal period, you shall pay us an amount proportionate to what has been provided until you have informed us of your withdrawal from this contract, in comparison with the full coverage of the contract.

Early expiry of the right of withdrawal

In the case of a contract for the provision of services, the right of withdrawal expires when we have fully provided the service and only began performance after you gave your express consent and at the same time acknowledged that you will lose your right of withdrawal once we have fully performed the contract.

If work is to begin before the withdrawal period expires, we obtain this consent separately and in text form.

Model withdrawal form

If you wish to withdraw from the contract, please complete and return this form.

To acessio – Victor Knapp, Königstraße 35, 70173 Stuttgart, Germany, [email protected]

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*)

Ordered on (*) / received on (*): ____________________
Name of consumer(s): ____________________
Address of consumer(s): ____________________
Signature of consumer(s) (only if this form is notified on paper): ____________________
Date: ____________________

(*) Delete as appropriate.