1. General

These Terms and Conditions form the basis for the processing of every order. Any deviation requires the explicit written confirmation of Thomas Prosi. By placing an order, the client acknowledges and accepts these Terms and Conditions.

2. Prices

All prices are final and stated in Euros. According to §19 of the German VAT Act (UStG), no value-added tax will be charged.

3. Payment Terms and Contract Duration

Invoices are payable immediately upon issuance, without any deduction. Monthly or annual fees must be paid in advance. In case of delayed payment, we reserve the right to charge interest at 2% per month. Monthly or yearly contracts are automatically renewed for another year unless terminated with a notice period of 3 months before the end of the contract.

4. Delivery

We strive to meet all stated delivery dates. Claims for damages due to missed deadlines are excluded. Force majeure, operational disruptions, internet provider issues, shortages in labor, energy, or materials, strikes, lockouts, and official orders or any other unforeseeable events beyond our control shall extend delivery deadlines accordingly. Such events also entitle us to withdraw from the contract. The same applies to the client after setting two reasonable grace periods.

5. Warranty

Due to the nature of the internet, continuous availability of online services, especially of virtual servers, cannot be guaranteed and does not constitute a defect. Warranty is limited to the monthly fee for the respective service. The maximum liability of Thomas Prosi is limited to EUR 250 per customer and contract.

6. Digital Products (Software & E-Books)

All digital products, programming, and designs are protected by copyright law. Any alteration, extension, reverse engineering, disassembly (or similar techniques), as well as integration or mixing with other digital products, software, or hardware, is strictly prohibited. Copyright infringements will be prosecuted under civil and criminal law. The licensee is not permitted to copy or share the software, design, or content with third parties, except for one backup copy that remains in the licensee’s possession. Usage rights are non-transferable. Reproduction, distribution, public accessibility, sharing, gifting, lending, or renting is strictly forbidden – particularly online or in social networks. The licensee agrees to pay a penalty for each breach of license terms (as determined by the respective licensor). The licensor may also claim further damages. No additional claims may be made, especially regarding specific features, expected outcomes, or data loss or alteration. No warranty is given for direct, indirect, or consequential damages.

In accordance with §356 (5) BGB, the right of withdrawal for digital content expires if the seller has begun contract execution after the customer has explicitly agreed to this and confirmed their awareness of the loss of the right of withdrawal once execution begins.

7. Retention of Title

All goods and services delivered remain our property until full payment of all claims from the business relationship, including any account balances. If the customer wishes to transfer a domain and there are outstanding invoices, §273 BGB applies. The buyer is not entitled to offset any counterclaims.

8. Rights

The customer does not acquire ownership of any services or products delivered by Thomas Prosi. All design and layout rights remain with Thomas Prosi. The same applies to all forms of software, including applets and servlets. The customer only receives a usage license.

9. Copyrights

For any material provided by the client (e.g., images, texts, sounds, videos, applets), the client must ensure that all copyright laws are respected. It is assumed that the client owns the rights to such materials or has received proper authorization to use them.

10. Place of Performance and Jurisdiction

The place of performance and legal venue for all disputes arising from this contract – including cases related to checks or bills of exchange – is Berlin, Germany. German law applies exclusively.

11. Miscellaneous

If any provision of these Terms and Conditions is found to be invalid, the validity of the remaining provisions shall remain unaffected. The contracting parties agree to replace any invalid clause with one that most closely reflects the economic intent of the original. No verbal side agreements have been made; any such agreements are void.

Last updated: September 2017