General Terms and Conditions

This is a courtesy translation. The legally binding version is the German original.

of Alex Kiritschenko, SEO Consultant, Bremerhaven

§ 1 Scope

(1) These General Terms and Conditions (GTC) apply to all contracts between Alex Kiritschenko (hereinafter "Contractor") and his clients (hereinafter "Client") concerning services in the areas of search engine optimization (SEO), web design, programming and consulting.

(2) Deviating terms of the Client are not recognized unless the Contractor expressly agrees to their application in writing.

§ 2 Conclusion of contract & project start

(1) A contract is concluded by the Client's acceptance of an offer. Acceptance may be given in writing, by email or via the digital confirmation function (e.g. Lexware online acceptance).

(2) The Contractor is bound by his offers for a period of 14 days from the date of creation, unless a different period is stated in the offer.

§ 3 Scope of services & Client's cooperation

(1) The specific scope of services results from the respective offer.

(2) The Client is obliged to actively support the Contractor. This includes in particular the timely provision of texts, images, access data (e.g. CMS, FTP, Google Search Console) and technical information.

(3) Delays caused by the Client's lack of cooperation lead to a corresponding postponement of agreed deadlines. The Contractor's claim to remuneration remains unaffected by this.

§ 4 Special provisions for SEO services (No guarantee of success)

(1) The Contractor provides services in the area of SEO as a service. A specific result (e.g. a particular placement on page 1 of Google or an exact increase in traffic) is expressly not owed or guaranteed, as ranking depends on external factors and third-party algorithms (e.g. Google) over which the Contractor has no direct influence.

(2) The Client is aware that SEO is a long-term process and that changes to search engine algorithms can lead to fluctuations in placements at any time.

§ 5 Remuneration & payment terms

(1) The prices agreed in the offer apply. If billing is on an hourly basis, documentation is provided via a time tracking system.

(2) Small business regulation: Pursuant to § 19 UStG, no value added tax is charged and it is not shown on the invoices.

(3) Invoices are payable immediately upon receipt without deduction, unless otherwise agreed. The Contractor reserves the right to request partial payments or advance payment for projects.

§ 6 Rights of use & copyright

(1) All copyrights to the services provided (code, designs, concepts) remain with the Contractor.

(2) Upon full payment of the remuneration, the Client receives a simple, temporally and spatially unlimited right to use the work results created for him for the contractually intended purpose.

(3) Passing on the rights of use or the processing of the code by third parties requires written consent, unless this is already part of the project order.

§ 7 Limitation of liability

(1) The Contractor is liable only for intent and gross negligence. For slight negligence, liability only applies in the event of a breach of essential contractual obligations (cardinal obligations).

(2) Liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded.

(3) The Contractor is not liable for the legal admissibility of the content supplied by the Client (e.g. copyrights to images, imprint obligation, data protection on the website). The legal review of the website (e.g. GDPR compliance) is the responsibility of the Client.

(4) The Contractor assumes no liability for outages or errors caused by third parties (e.g. hosts, plugin providers).

§ 8 Confidentiality & reference naming

(1) Both parties undertake to treat all trade secrets of the other party as strictly confidential.

(2) The Contractor may name the Client as a reference on his website or in presentations and use the services provided for demonstration purposes (e.g. portfolio), unless the Client expressly objects.

§ 9 Term & termination

(1) For monthly support contracts, a notice period of 30 days to the end of the month applies, unless otherwise agreed.

(2) The right to terminate without notice for good cause remains unaffected.

§ 10 Final provisions

(1) The law of the Federal Republic of Germany applies.

(2) The place of jurisdiction for all disputes is, insofar as legally permissible, Bremerhaven.

(3) Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected (severability clause).