I. Scope
(1) These General Terms and Conditions (GTC) apply to all contracts, deliveries, and other services between 1hold.de, owner Kilian Müller, Nerotal 1b, 65193 Wiesbaden, Germany (hereinafter referred to as “Provider”) and its customers (hereinafter referred to as “Customer”).
(2) The services of the Provider are intended exclusively for entrepreneurs, legal entities under public law, or special funds under public law within the meaning of Section 310 (1) BGB. Consumers within the meaning of Section 13 BGB are excluded from using the services.
(3) Conflicting or deviating terms and conditions of the Customer are not recognized unless the Provider explicitly agrees to their validity in writing.
(4) These GTC also apply to future business relationships, even if they are not expressly agreed upon again.
(5) Individually agreed terms, including side agreements, supplements, and amendments, take precedence over these GTC. A written agreement or written confirmation by the Provider is required.
(6) For verbal agreements concerning web hosting, domain management, maintenance contracts, and similar services, these GTC expressly apply. Deviations must be recorded in writing.
II. Offer, Contract Conclusion, and Termination
(1) All offers by the Provider are non-binding and subject to change. A contract is only concluded through written order confirmation or by rendering the service.
(2) If an order is to be regarded as an offer in accordance with Section 145 BGB, the Provider may accept it within two weeks.
(3) The Customer will be expressly made aware of these GTC in the case of verbal contracts.
(4) Unless otherwise agreed, the notice period is three months before the next contract renewal.
(5) Cancellations must be made in writing. An email cancellation is acceptable if it includes a qualified electronic signature. Upon receipt of the cancellation, the Provider will issue a written confirmation specifying the end of the contract.
(6) The Provider reserves the right to terminate contracts without notice if the Customer fails to meet payment obligations despite reminders or breaches significant contractual terms.
III. Provided Documents
(1) All documents provided to the Customer in connection with the order – including in electronic form – such as calculations, strategies, technical documentation, or design drafts remain the property of the Provider.
(2) These documents may not be disclosed to third parties unless the Provider expressly agrees in writing.
(3) If no contract is concluded, all documents provided by the Provider must be returned or permanently deleted immediately.
IV. Prices and Payment
(1) All prices are subject to statutory VAT.
(2) Payments must be made exclusively to the account stated in the invoice.
(3) Unless otherwise agreed, the invoice amount is due within 7 days of invoicing without deduction.
(4) Default interest will be charged at 9% above the base interest rate per year, in accordance with Section 288 (2) BGB.
(5) Price adjustments due to increased wage, material, or distribution costs are reserved, provided that at least three months have passed since the contract was concluded and no fixed price agreement exists.
(6) Standard service prices:
- Hourly rate: €75 (unless otherwise agreed in writing)
- Hosting per URL (without maintenance): €6.00/month
- Maintenance contracts for additional URLs: €2.49/month
V. Delivery Time
(1) Compliance with delivery dates requires the timely and complete fulfillment of the Customer’s cooperation obligations.
(2) If the Customer delays acceptance or culpably violates cooperation obligations, the Provider is entitled to charge additional costs incurred.
(3) Liability for delivery delays is limited to a maximum of 15% of the delivery value.
VI. Retention of Title
(1) The Provider retains ownership of delivered goods and services until all claims have been fully paid.
(2) The Customer is not entitled to resell, pledge, or transfer ownership of goods subject to retention of title.
(3) In the event of a breach of contract by the Customer, particularly in the event of payment default, the Provider may demand the return of goods under retention of title.
VII. Warranty and Notification of Defects
(1) Defects must be reported immediately in writing, no later than 14 days after service delivery.
(2) The limitation period for defect claims is 12 months from acceptance of service, unless caused by intent or gross negligence.
(3) The Provider has the right to subsequent performance (rectification or replacement). If this fails, the Customer may demand a reduction or terminate the contract.
(4) Claims for damages due to defects exist only in cases of intent, gross negligence, or injury to life, body, or health.
VIII. Liability
(1) The Provider is liable only for intent and gross negligence.
(2) Liability for lost profits, data loss, or other indirect damages is excluded unless essential contractual obligations are violated.
(3) Liability under the Product Liability Act remains unaffected.
IX. Miscellaneous
(1) This contract is governed by the laws of the Federal Republic of Germany.
(2) The place of performance and jurisdiction for all disputes is Wiesbaden.
(3) If any provision of these GTC is invalid, the validity of the remaining provisions remains unaffected.