Terms and conditions

1. Scope

These terms apply to all services provided by Munich Devs, owner Farhan Masood (the "Contractor"), to entrepreneurs within the meaning of Sec. 14 of the German Civil Code, to legal persons under public law and to special funds under public law.

Differing terms of the client do not become part of the contract unless the Contractor agrees to them in writing.

2. Formation of contract

Quotes are without engagement. A contract is formed by written order confirmation or by the start of performance. Text form, in particular email, is sufficient.

A demonstration page produced free of charge is not an offer in the legal sense and creates no entitlement to services.

3. Scope of services

The scope of services follows from the order confirmation or the description of the package booked. Services not named there are commissioned and paid for separately.

Within the monthly care packages, a "content change" means adjusting existing text, images or contact details, up to 30 minutes of effort. New pages, new features, redesigns and the creation of content are not covered.

Unused change allowances expire at the end of the calendar month and are neither carried over nor refunded.

4. Client cooperation

The client provides the content, information and access required for performance in good time and in full.

The client warrants that it holds the necessary rights to all content it provides, in particular text, images, logos and fonts, and indemnifies the Contractor against third-party claims in that respect.

Delays caused by missing cooperation extend agreed deadlines accordingly.

5. Fees and payment

One-off services are invoiced on acceptance unless agreed otherwise. Monthly care packages are invoiced in advance for the month concerned.

Invoices are payable within 14 days without deduction.

In the event of late payment the Contractor may suspend performance after prior notice and a reasonable grace period. The client’s website is not deleted in that event.

6. Term and termination

Monthly care packages run for an indefinite period and may be terminated by either party with one month’s notice to the end of a month, unless a fixed term has been expressly agreed.

The right to terminate for good cause remains unaffected.

Notice of termination must be given in text form.

7. Rights in the work results

On payment in full the client receives a non-exclusive right of use, unlimited in time and territory, in the work results produced for it, including the source code of its website.

The Contractor remains entitled to continue using general building blocks, templates and methods that were not developed specifically for the client.

The client’s domain is registered in the client’s name and remains its property.

8. Termination and handover

After the contract ends the Contractor provides the client, on request and within 30 days, with the source code and content of its website in a common format.

The Contractor supports a migration to another provider at the hourly rates then applicable. Data and credentials are never withheld.

9. Mailboxes and migrations

Setting up new mailboxes on the client’s domains is included in the package booked.

Taking over existing mailboxes from another provider is not part of the packages. It is commissioned separately, planned in writing and charged for, because messages can technically be lost during such a migration.

10. Availability

The Contractor provides hosting through a service provider and does not owe any particular level of availability unless a service level has been expressly agreed.

Maintenance is announced where possible and carried out outside normal business hours.

11. Liability

The Contractor is liable without limitation for intent and gross negligence, and for injury to life, body or health.

In cases of ordinary negligence the Contractor is liable only for breach of a material contractual obligation, meaning one whose fulfilment makes proper performance possible in the first place and on whose observance the client may rely. In that case liability is limited to the foreseeable damage typical for this type of contract.

Liability under the German Product Liability Act remains unaffected.

The client is responsible for backing up its own data unless backup is expressly part of the commissioned service.

12. The client’s legal pages

Within the packages the Contractor creates and maintains the technical basis for the imprint and privacy policy, together with draft wording.

The client is responsible for the factual accuracy of those statements. The Contractor does not provide legal advice within the meaning of the German Legal Services Act.

13. Confidentiality and data protection

Both parties treat the other party’s confidential information as confidential, including after the contract ends.

Insofar as the Contractor processes personal data on the client’s behalf, the parties conclude a data processing agreement under Art. 28 GDPR.

14. Use as a reference

The Contractor may name the client as a reference or publish images of the website produced only with the client’s prior written consent. Consent may be withdrawn at any time with effect for the future.

15. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction is the Contractor’s registered seat, to the extent legally permissible.

Should any provision be invalid, the validity of the remaining provisions is unaffected.