Terms and conditions

§ 1 Scope

These terms apply to all contracts for the “Sitewunder” service between Codext GmbH, Frankenstraße 10, 74549 Wolpertshausen, Germany (“we”), and its customers. Sitewunder is offered exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. We do not enter into contracts with consumers. Deviating terms of the customer only apply if we expressly agree to them in text form.

§ 2 Services

We create a website for the customer, operate it and keep it up to date at the customer’s request. The scope depends on the chosen plan (Basis: up to 5 pages; Plus: up to 15 pages) and the service description on our pricing page at the time the contract is concluded. This includes in particular:

• design and texts of the website based on the customer’s information,
• operation of the website (hosting) with an encrypted connection (SSL),
• connecting a domain of the customer; the customer remains the owner of the domain,
• imprint and privacy policy based on the customer’s information,
• a contact form whose messages are forwarded to the customer,
• small changes by message in the customer account or by email to a reasonable extent.

Small changes are in particular changes to texts, images, opening hours, prices, team members, services or an additional section. Bigger rebuilds, such as a new page structure, are agreed with the customer in advance. Not included are in particular email inboxes, online shops, custom booking systems and photo shoots.

We create the imprint and privacy policy to the best of our knowledge. They do not replace individual legal advice.

§ 3 Free preview and conclusion of contract

On request, we create a preview of the website. The preview is free and without obligation. The contract is concluded when the customer completes the takeover of the website online and we confirm the order, at the latest when the website is published.

§ 4 Prices and payment

The prices on our pricing page at the time the contract is concluded apply. All prices are net plus statutory VAT. We do not charge a setup fee. Payment is due in advance, monthly or yearly as chosen by the customer. Billing only starts once the website is published.

Payment is processed by our payment provider Stripe. Invoices are provided electronically. If the customer is in default of payment, we may take the website offline after prior notice until payment is received.

Money-back guarantee: If the customer is not satisfied within 30 days after billing starts, they can cancel the contract within this period and receive a refund of the fees already paid.

We announce price changes in text form at least six weeks before they take effect. The customer may then cancel the contract with effect from that date.

§ 5 Term and cancellation

The contract has no minimum term. It runs for an indefinite period and can be cancelled by either party at the end of the respective billing period: with monthly payment at the end of the current billing month, with yearly payment at the end of the paid year. Cancellation is possible in the customer account or in text form. The right to terminate for good cause remains unaffected.

After the contract ends, we take the website offline. We keep the content for another 90 days; during this time we provide the customer, on request, with the texts and images they supplied. We delete them afterwards.

§ 6 Customer obligations

• The customer provides complete and correct information, in particular for the imprint and privacy policy, and tells us about changes.
• The customer checks the website before taking it over and after changes and tells us about errors.
• The customer is responsible for the content they supply or approve. They warrant that they hold the necessary rights to supplied texts, images, logos and other content and that these do not infringe the rights of third parties. They indemnify us against third-party claims arising from a breach of this obligation.
• The customer bears professional responsibility for the professional and advertising rules of their industry, such as the German Heilmittelwerbegesetz.

§ 7 Rights of use

For the term of the contract, the customer grants us the rights to their content that we need for our services, in particular to store, edit and publish it on their website. The content remains the customer’s property.

For the term of the contract, we grant the customer a simple, non-transferable right to use the website we designed. Design, templates and software remain ours. Placeholder and licensed images used by us may only be used on the website.

§ 8 Availability

We operate the websites with the care customary in the industry and aim for high availability. We do not owe a specific level of availability. Interruptions for maintenance or for reasons beyond our control (for example network operator outages) are possible. We carry out maintenance at times of low usage where possible.

§ 9 Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given. In cases of slight negligence, we are only liable for breach of an essential contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely. In this case liability is limited to the foreseeable damage typical for the contract. Otherwise liability is excluded.

§ 10 Data protection and processing on behalf

Where we process personal data on behalf of the customer, for example messages from the contact form on their website, we do so as a processor. We provide the data processing agreement according to Art. 28 GDPR on request. Otherwise our privacy policy applies.

§ 11 Changes to these terms

We notify the customer of changes to these terms in text form at least six weeks before they take effect. If the customer does not object before they take effect, the changes are deemed accepted. We point out this consequence in the notification. If the customer objects, either party may cancel the contract with effect from that date.

§ 12 Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Schwäbisch Hall, Germany. Should any provision be invalid, the remainder of the contract remains valid.