Terms and conditions

§ 1 Scope and contracting parties

(1)These terms and conditions apply to all contracts between Gross Simulation, owner Andreas Gross (the “Contractor”), and the client for the creation of websites and related services.

(2)Conflicting terms of the client do not become part of the contract unless the Contractor expressly agrees to them in text form.

(3)A consumer within the meaning of these terms is any natural person who concludes the contract for purposes predominantly outside their trade, business or profession. A business is anyone acting in the exercise of their trade, business or profession when concluding the contract.

§ 2 Conclusion of contract

(1)The presentation of services on the website or in advertisements is not a binding offer but an invitation to submit an enquiry.

(2)Following a conversation, the Contractor submits a written offer with a description of services and a fixed price. The contract is concluded when the client accepts this offer in text form.

(3)Unless stated otherwise, offers are valid for thirty days from the date of issue.

§ 3 Scope of services

(1)The scope of services is set out in the respective offer. The Contractor owes the production of a functioning website according to the specifications described there (contract for work and services under § 631 BGB).

(2)Unless agreed otherwise, the services comprise: consultation, design and technical implementation, setup of hosting and transport encryption, creation of the email mailboxes, migration of an existing domain, creation of a legal notice, privacy policy and cookie notice, basic search-engine setup and an introduction to using the site.

(3)Unless expressly agreed, the following are not owed: writing of copy and supply of image material, creation of a logo, ongoing support, search-engine optimisation beyond the basic setup, and the drafting or review of legal texts by a lawyer.

(4)The Contractor does not owe any particular economic result, in particular no particular search-engine ranking, visitor numbers or revenue. Calculations shown on the website or in offers are model calculations based on the stated assumptions and are not a guarantee.

§ 4 Client’s cooperation

(1)The client provides the necessary content – in particular text, images, logos and details for the legal notice – in good time and in a suitable form, and names a contact person.

(2)The client warrants that it holds the necessary rights to the content supplied and that its use does not infringe third-party rights. The client indemnifies the Contractor against third-party claims based on a breach of this warranty, including reasonable costs of legal defence. This does not apply where the client is not responsible for the infringement.

(3)If the client fails to meet its duties of cooperation despite a request and a reasonable deadline, agreed dates are extended accordingly.

§ 5 Schedule and execution

(1)The usual turnaround is two to three weeks from approval of the design draft and complete provision of the content. On express request, a shortened turnaround of one week can be agreed.

(2)Dates are binding only if expressly agreed as such.

§ 6 Acceptance

(1)After completion the Contractor makes the website available at a preview address for review and requests acceptance.

(2)The client reviews the work and declares acceptance in text form. If, within fourteen days of the request, the client communicates neither acceptance nor specific defects, the work is deemed accepted. The request will point out this effect separately.

(3)Minor defects do not entitle the client to refuse acceptance.

§ 7 Remuneration and payment

(1)The remuneration results from the offer. Unless agreed otherwise, it is $499 one-time for the creation of a website, plus $233 for adding a shop with a booking system.

(2)The Contractor is a small business within the meaning of § 19 of the German VAT Act (UStG). No VAT is shown or charged.

(3)The invoice is issued after acceptance and is payable within fourteen days without deduction. For orders above $3,000 an advance payment of fifty percent at the start of the project can be agreed. Invoices are issued in US dollars.

(4)The running costs for hosting and email, currently $5.99 per month, are owed by the client directly to the hosting provider after the hosting contract has been transferred. The Contractor receives no remuneration from this.

§ 8 Rights of use

(1)Upon full payment of the remuneration, the Contractor grants the client the exclusive right, unlimited in time, territory and content, to use, reproduce, modify and further develop the website created.

(2)Excepted are general program components and tools that the Contractor uses across projects, and third-party software. For these, a simple, non-transferable right of use for operating the website is granted.

(3)The Contractor may name the client as a reference for the website created. The client may object at any time in text form.

§ 9 Hosting, access data and hand-over

(1)After completion the hosting contract is transferred to the client. Domain, contractual relationship and all access data then belong exclusively to the client.

(2)The Contractor retains an access for maintenance purposes unless the client objects. The client can have this access blocked at any time without giving reasons.

(3)After hand-over the client is responsible for the operation of the website, in particular availability, backups and currency of the content, unless support has been agreed separately.

§ 10 Warranty

(1)The statutory provisions on contracts for work apply. The client is first entitled to subsequent performance.

(2)There is no defect where the display differs between browsers, screens or devices, provided usability is not materially impaired, or where impairments are due to later changes by the client or third parties.

(3)Towards businesses the limitation period for warranty claims is one year from acceptance. Towards consumers the statutory periods apply. This limitation does not apply in cases of intent, gross negligence, fraudulent concealment of a defect, or injury to life, body or health.

§ 11 Liability

(1)The Contractor is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of any guarantee assumed.

(2)In case of slightly negligent breach of an obligation whose fulfilment is essential for the proper performance of the contract and on whose observance the client may regularly rely, liability is limited to the foreseeable damage typical for this type of contract.

(3)Otherwise liability is excluded.

(4)The Contractor is not liable for content that the client itself posts or changes, nor for disruptions within the sphere of responsibility of the hosting provider or other third parties.

§ 12 Confidentiality and data protection

(1)Both parties treat all business internals learned during the cooperation as confidential, in particular access data.

(2)For the processing of personal data, reference is made to the separate privacy information.

§ 13 Final provisions

(1)The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers this choice of law applies only to the extent that it does not deprive them of the protection of mandatory provisions of the state of their habitual residence.

(2)If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Osnabrück, Germany.

(3)Amendments and additions to this contract require text form. This also applies to the waiver of this requirement.

(4)Should a provision be or become invalid, the validity of the remaining provisions is unaffected.

(5)The Contractor is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board. The European Commission provides a platform for online dispute resolution at ec.europa.eu/consumers/odr.

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As of: 10/2026 · Legal notice · Privacy · Withdrawal