Terms & Conditions

1. Scope

These Terms and Conditions apply to all contracts between David Lemke, trading as miraTEQ – Webdesign & Digital Marketing (hereinafter “Contractor”), and his clients (hereinafter “Client”) for services in the areas of web design, digital marketing and consulting.

Deviating conditions of the Client are not recognised unless the Contractor expressly agrees to their validity in writing.

These Terms and Conditions apply exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code).

2. Formation of contract

The Contractor's offers are non-binding. A contract is only concluded upon the Contractor's written confirmation by email or upon commencement of service delivery following acceptance of an offer by the Client.

Offers are valid for 14 days from the date of issue unless a different period is stated.

3. Scope of services

3.1 Web design

The Contractor creates a professional website for the Client according to the specifications described in the offer. The website is operated on the Contractor's hosting server (Hetzner, Germany). The exact scope of services is set out in the respective offer.

The standard scope includes: concept, design, HTML/CSS development, set-up on the hosting server and two revision rounds after delivery of the draft. Additional revision rounds are charged according to time spent.

3.2 Digital marketing

Marketing services include, depending on the agreement: social media management, content creation, SEO optimisation and further measures defined in the offer. Guarantees of success (e.g. specific search engine rankings) are not part of the agreed service unless expressly agreed in writing.

3.3 Consulting

Consulting services are provided on the basis of agreed hourly rates or as a flat-rate service. Type and scope are set out in the respective offer. Consulting results are recommendations; the decision on implementation rests with the Client.

4. Fees and payment

All prices are net in euros. As the Contractor applies the small business exemption pursuant to § 19 UStG, no VAT is charged or shown.

4.1 Monthly billing

For monthly billing, the fee is €49.00 per month. Invoices are issued monthly in advance and are due within 14 days of the invoice date.

4.2 Annual billing

For annual billing, the fee is €449.00 per year. The invoice is issued at the start of the contract year and is due within 14 days.

4.3 Project-based services

For projects (e.g. initial website development, one-off marketing campaign): 50% of the agreed fee is due upon commissioning, the remaining 50% upon completion and handover. Both instalments are due within 14 days of the respective invoice.

4.4 Default

In the event of late payment, the Contractor is entitled to suspend the service — in particular the hosting and availability of the website — until the outstanding amount is settled. Statutory default interest remains reserved.

5. Hosting and availability

Hosting of websites created is provided exclusively by the Contractor on servers of Hetzner Online GmbH in Germany. The Client does not receive an independent hosting account and acquires no rights of use under the Contractor's hosting contract.

The Contractor endeavours to maintain high availability of the hosted websites but gives no guarantee of uninterrupted accessibility. Maintenance work and technically caused outages do not entitle the Client to reduce the fee, provided they remain within industry-standard limits.

6. Client's obligations to cooperate

The Client is obliged to provide all materials, information and access required for service delivery in a timely and complete manner (e.g. texts, images, logos, company data). Delays arising from missing or incomplete submissions are not attributable to the Contractor and entitle the Contractor to postpone agreed completion dates accordingly.

The Client warrants that it holds all necessary rights to the materials provided and indemnifies the Contractor against third-party claims arising from the use of such materials.

7. Revisions

Two revision rounds are included in the scope of service. One revision round covers all change requests submitted by the Client in a single combined response. Additional revision rounds are charged at €80.00 per hour (pro rata).

Changes that go beyond the originally agreed scope (scope creep) will be offered and charged separately.

8. Copyright and rights of use

All works created in the course of the assignment (design, code, texts, graphics) are subject to the Contractor's copyright under German law. Copyright remains with the Contractor.

Upon full payment of the agreed fee, the Client receives a simple, non-transferable right of use for the works created for the agreed purpose (operation of the website, use of marketing materials). The right of use applies for the duration of the active contractual relationship.

Transfer of rights of use to third parties, editing of works without the Contractor's consent, and use for purposes other than those agreed are not permitted.

The Contractor is entitled to use the services rendered in his portfolio and for promotional purposes unless the Client expressly objects.

9. Termination

9.1 Monthly contracts

Monthly contracts have no minimum term. Either party may terminate with 14 days' notice to the end of the current calendar month. Termination must be in writing by email.

9.2 Annual contracts

The annual contract is a special rate with a discounted annual price and a fixed term of 12 months. It may be terminated with four weeks' notice to the end of the contract year. If not terminated in time, the contract automatically renews for another year. Monthly termination is not possible for annual contracts.

9.3 Consequences of termination

Upon contract end, the website is taken offline from the Contractor's hosting server. The website is not deleted and remains in the Contractor's possession. Reactivation is possible at any time by concluding a new contract.

There is no entitlement to delivery of the source code, files or hosting credentials unless this has been expressly agreed in writing and fully paid for.

Services already rendered and fees due remain unaffected by termination and are payable in full.

9.4 Extraordinary termination

The right to extraordinary termination for good cause remains unaffected. Good cause for the Contractor includes in particular: payment default of more than 30 days, repeated payment default, or breach of these Terms by the Client.

10. Warranty

The Contractor warrants that the services rendered meet the agreed specifications at the time of handover. Defects must be reported in writing without delay upon discovery.

For justified defect notices, the Contractor has the right to rectify the defect. If rectification fails after a reasonable period, the Client's statutory warranty rights apply.

No warranty applies to malfunctions caused by the Client or third parties, or to outages of the hosting provider (Hetzner).

11. Limitation of liability

The Contractor is liable without limitation only in cases of intent and gross negligence, and in cases of injury to life, body or health.

In cases of slight negligence, the Contractor is only liable for breach of a material contractual obligation (cardinal obligation), limited to the typically foreseeable damage. Liability in such cases is capped at the amount of fees paid in the respective contract year.

Liability for indirect damages, lost profits or data loss is excluded unless caused by intent or gross negligence.

The Contractor accepts no liability for the legality of content, images or texts provided by the Client.

12. Confidentiality

Both parties undertake to treat all confidential information of the other party obtained in the course of cooperation as confidential and not to disclose it to third parties, unless the other party has expressly consented or there is a legal obligation to disclose.

13. Data protection

Personal data of the Client is processed in the course of contract execution. Details are governed by the Privacy Policy of miraTEQ.

Where the Contractor gains access to personal data of end users of the Client in the course of service delivery, the parties shall conclude a separate data processing agreement pursuant to Art. 28 GDPR upon request.

14. Final provisions

14.1 Governing law

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

14.2 Jurisdiction

For all disputes arising from or in connection with these Terms or contracts based on them, the place of residence of the Contractor shall be the place of jurisdiction to the extent permitted by law. For Clients without a general place of jurisdiction in Germany, the place of jurisdiction is Munich.

14.3 Severability

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the applicable statutory rule.

14.4 Written form

Amendments and additions to these Terms and to individual contracts require written form. Email satisfies the written form requirement within the meaning of these Terms.