Terms and Conditions of WiKon-IT
1. Scope of Application
These Terms and Conditions apply to all contracts, deliveries, and services between WiKon-IT, Konstantin Winter (hereinafter referred to as the “Contractor”), and his clients (hereinafter referred to as the “Client”). Any differing terms and conditions of the Client shall not be recognized unless the Contractor has expressly agreed to their validity in writing.
2. Description of Services
WiKon-IT provides services in the fields of IT consulting, web design, hosting configuration, software development, automation solutions, and IT support.
The specific scope of services results from the individual offer, contract, or order confirmation. The Contractor is entitled to provide partial services if this is reasonable for the Client.
3. Conclusion of Contract
A contract is concluded as soon as the Client confirms an offer in writing or in text form (e.g. by email). Verbal agreements shall only be binding once they have been confirmed in writing.
4. Remuneration and Payment Terms
The remuneration is determined by the price agreed in the offer or contract. Unless otherwise agreed, billing is based on the time spent, calculated on an hourly basis. All prices are stated in accordance with § 19 of the German Value Added Tax Act (UStG) without the addition of VAT (small business regulation). Payments are due without deduction within 14 days after invoicing. In the event of late payment, the Contractor is entitled to charge statutory default interest.
4.1 Advance Payment for New Clients
For new clients, an advance payment of 30% of the agreed total price is due before the start of the project. The contractor will commence work only after receipt of this payment. If the client cancels the project after work has begun, the advance payment remains with the contractor as compensation for the services already rendered and expenses incurred.
5. Client’s Obligations to Cooperate
The Client is obliged to provide all information, data, and access necessary for the provision of services in a timely manner. If the performance of the service is delayed due to a lack of cooperation by the Client, any agreed deadlines shall be extended accordingly.
6. Performance Period and Delay
Performance periods are only binding if they have been expressly confirmed in writing. Force majeure or unforeseeable circumstances (e.g. technical malfunctions, failure of servers or networks) entitle the Contractor to postpone performance for the duration of the disruption.
7. General Liability
The Contractor shall be liable for damages – regardless of the legal basis – only in cases of intent or gross negligence. In cases of slight negligence, the Contractor shall only be liable for damages resulting from injury to life, body, or health, as well as for damages arising from the breach of an essential contractual obligation (cardinal duty). In such cases, liability is limited to the typical, foreseeable damage. Further liability, in particular for data loss, loss of profit, or indirect damages, is excluded. WiKon-IT assumes no responsibility for data, content, or systems provided by the Client.
8. Warranty
For services, the Contractor does not owe a specific result but the professional performance of the agreed service. Defects must be reported in writing within 14 days after acceptance or discovery. Rectification shall be carried out at the Contractor’s discretion.
9. Right of Withdrawal for Consumers
As WiKon-IT exclusively provides services that are individually rendered or performed digitally, there is no right of withdrawal in accordance with § 312g (2) No. 1 of the German Civil Code (BGB) once the service has been fully provided or has begun with the Client’s express consent.
10. Data Protection
Personal data is processed solely in accordance with the applicable data protection laws. Further information can be found in the privacy policy on the WiKon-IT website.
11. Intellectual Property
All concepts, designs, source code, and other works created by the Contractor are protected by copyright and remain the property of the Contractor until full payment has been received. Any transfer, modification, or use beyond the agreed purpose requires the Contractor’s prior written consent.
12. Final Provisions
German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is, insofar as legally permissible, the registered office of the Contractor. Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
13. Contract Term and Termination
For maintenance or service agreements, unless otherwise agreed, the term is twelve months from the start of the contract. The agreement is automatically extended by another twelve months unless terminated in writing with a notice period of four weeks before the end of the term. The right to extraordinary termination for good cause remains unaffected. Termination must be made in text form (e.g. by email).
14. Confidentiality
Both parties agree to treat all confidential information obtained in the course of cooperation—especially technical, business, or personal data—as strictly confidential and not to disclose it to third parties. This obligation continues even after the end of the business relationship. Exceptions apply to information that becomes publicly known without a breach of this agreement or must be disclosed due to legal requirements.
Liability – Data Protection, Cookie Banner and Legal Compliance
The contractor provides services in the areas of web design, web development and technical website implementation in accordance with generally accepted technical standards, best practices and the state of the art at the time the services are rendered.
The technical implementation of data protection measures (including but not limited to cookie banners, consent management tools, tracking or analytics integrations) is carried out solely on a technical basis and according to the specifications of the client or the respective software solutions used. Legal advice or legal review, in particular with regard to data protection law (e.g. GDPR, TTDSG), competition law or other statutory requirements, is not part of the contractual services.
Despite technically correct implementation, no warranty or liability is assumed for the legal validity, completeness or ongoing legal compliance of cookie banners, privacy policies, tracking configurations or other data-protection-related measures, as legal requirements and interpretations are subject to change.
If legally compliant design of the website is required — especially regarding data protection, cookie consent and tracking — the client is expressly advised to consult a qualified legal advisor or data protection expert. Responsibility for legal review, approval and continuous updating of the website rests exclusively with the client.
The contractor shall not be liable for warnings, fines, claims for damages or other legal disadvantages arising from missing or insufficient legal review.
Liability – SEO and Online Marketing Services
The contractor provides services in the areas of search engine optimization (SEO), search engine advertising (e.g. Google Ads) and other online marketing measures in accordance with generally accepted professional standards, best practices and the state of knowledge at the time the services are performed.
No guarantee is given for specific search engine rankings, visibility, reach, clicks, conversions, revenue or other economic results, as such outcomes depend on numerous external factors beyond the contractor’s control, including but not limited to algorithm changes, market conditions, competition, advertising budgets and decisions made by platform operators.
The contractor does not owe any specific commercial or economic success, but solely the proper and professional performance of the agreed services. Any liability for the failure to achieve desired or expected results is excluded to the extent permitted by law.
17. Liability – Client-Provided Content
The client is responsible for ensuring that all content provided by the client (including but not limited to texts, images, graphics, logos, videos or other materials) is free of third-party rights and may be lawfully used.
The client shall indemnify and hold harmless the contractor from all third-party claims arising from the use, publication or processing of content provided by the client. This includes, in particular, claims based on copyright, trademark, competition or personality rights, as well as all resulting costs, including reasonable legal and attorney’s fees.
Legal review of client-provided content is not part of the contractor’s services.