Terms & Conditions

1. Scope of Application

These General Terms and Conditions ("Terms") govern all contracts for services concluded between KILLOWAYERA WEB GmbH ("Company", "we", "us") and its clients ("Client", "you"). They apply to all online services, web development projects, programming services, and related digital services provided by the Company. Deviating terms of the Client shall not apply unless the Company has expressly agreed to them in writing.

2. Conclusion of Contract

A contract is concluded when the Client submits an order request via our website or by email, and the Company confirms acceptance in writing (including by email). The order confirmation constitutes the binding contract. Prices listed on the website are indicative; the final price is confirmed in the written order confirmation.

The Company reserves the right to decline any order request without stating reasons.

3. Services

The Company provides digital services including but not limited to: custom website development, web application development, e-commerce solutions, SEO optimization, UI/UX design, API integration, mobile application development, database design, cloud hosting setup, and website maintenance.

All services are provided exclusively as online/digital services. No physical products are delivered. The specific scope of services for each project is defined in the individual project agreement or order confirmation.

4. Payment Terms

Payment terms are agreed individually for each project and specified in the order confirmation. Unless otherwise agreed, the following applies:

• 50% of the project fee is due upon contract conclusion.
• The remaining 50% is due upon project completion and delivery.
• For monthly services, payment is due at the beginning of each billing period.

All prices are stated in Euro (EUR). Payment is accepted via bank transfer or other methods agreed upon in the order confirmation. In case of late payment, the Company is entitled to charge statutory default interest.

5. Project Execution and Client Obligations

The Client agrees to provide all necessary information, materials, access credentials, and feedback in a timely manner to enable the Company to perform the services. Delays caused by the Client's failure to provide required information may result in adjusted timelines and additional costs.

The Client is responsible for ensuring that all materials provided (texts, images, logos, etc.) do not infringe third-party rights. The Client indemnifies the Company against any claims arising from such infringements.

6. Intellectual Property

Upon full payment of all agreed fees, the Client receives a non-exclusive, perpetual licence to use the deliverables for their intended purpose. The Company retains the right to reference the project in its portfolio unless otherwise agreed in writing.

Third-party components (open-source libraries, frameworks, stock assets) remain subject to their respective licences. The Company will inform the Client of any relevant third-party licences.

7. Warranty and Liability

The Company warrants that services will be performed with reasonable care and skill. In the event of defects, the Client must notify the Company in writing within 14 days of delivery. The Company will remedy confirmed defects within a reasonable timeframe.

The Company's liability is limited to the value of the respective contract, except in cases of intentional misconduct or gross negligence. The Company is not liable for indirect damages, loss of profit, or consequential damages.

8. Confidentiality

Both parties agree to treat all confidential information received from the other party as strictly confidential and not to disclose it to third parties without prior written consent. This obligation survives the termination of the contract.

9. Termination

Either party may terminate the contract for good cause with immediate effect. Good cause includes, but is not limited to, material breach of contract, insolvency, or persistent failure to fulfil obligations.

For monthly service contracts, either party may terminate with 30 days' written notice to the end of a calendar month.

10. Governing Law and Jurisdiction

These Terms and all contracts concluded under them are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Siegburg, Germany, provided the Client is a merchant, a legal entity under public law, or a special fund under public law.

11. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.