General Terms and Conditions — SiteXpert

§ 1 Scope and provider

(1) The provider is Digital Maker GmbH, Taunusanlage 8, 60329 Frankfurt am Main, Germany, registered in the commercial register of the Local Court of Frankfurt am Main under HRB 113628, represented by its managing director Gurdip Mudhar ("Digital Maker").

(2) These terms apply to all contracts for the creation of websites under the "SiteXpert" product (the "Starter" and "Business" packages and the optional "Care & Hosting" add-on) concluded via the website digitalmaker.io or by email.

(3) Deviating, conflicting or supplementary terms of the customer do not become part of the contract unless Digital Maker expressly agrees to them in text form.

§ 2 Business customers only

(1) The offer is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), i.e. natural or legal persons or partnerships with legal capacity acting in the exercise of their commercial or independent professional activity when concluding the contract. Contracts with consumers are excluded.

(2) By placing an order, the customer confirms that they are acting as an entrepreneur. Digital Maker may request suitable evidence (e.g. VAT identification number, commercial register extract, Partita IVA).

§ 3 Conclusion of contract

(1) The presentation of the packages on the website does not constitute a legally binding offer but an invitation to place an order.

(2) The customer places their order by completing the online payment process (card payment via the payment provider Stripe) or by bindingly ordering the chosen package by email. The contract is concluded upon Digital Maker's payment or order confirmation.

(3) The contract language is German. The contract text is not stored separately by Digital Maker; the customer receives the essential contract data with the confirmation email.

§ 4 Scope of services

(1) The scope of services results from the description of the chosen package on the product page at the time of the order (in particular number of pages, language versions, number of images created, SEO scope, number of revision rounds).

(2) Digital Maker creates the concept, structure, design, copy and imagery of the website and deploys it on the customer's domain. Stated completion times (approx. 2 or 3 weeks) are estimates counted from complete receipt of the filled-in onboarding questionnaire and all required cooperation; they are not fixed deadlines.

(3) In creating copy and imagery, Digital Maker also uses artificial-intelligence tools with subsequent human editing. The customer consents to this.

(4) Services not expressly included in the chosen package (e.g. logo design, additional pages or languages, integration of third-party systems, ongoing content maintenance) are not owed and can be commissioned separately.

§ 5 Customer cooperation

(1) After ordering, the customer completes the onboarding questionnaire fully and truthfully and provides required materials (in particular logo, own photos where applicable, and company data) promptly.

(2) The customer provides feedback on drafts within 14 calendar days of receipt. If cooperation is delayed, stated completion times are extended accordingly.

(3) If the customer does not respond to a draft or approval request despite a reminder and a grace period of at least 14 calendar days, the relevant version is deemed approved; in that case Digital Maker may complete and publish the website in that state or put the project on hold.

§ 6 Revision rounds, performance standard and acceptance

(1) The "Starter" package includes exactly one revision round, the "Business" package at most two. No further revision rounds are owed. A revision round comprises the customer's consolidated list of change requests on the draft presented, submitted in a single feedback message; requests submitted afterwards count as a new revision round.

(2) Change requests within a revision round must remain within the booked package scope and the original briefing (onboarding questionnaire). Not covered are in particular: a fundamental redirection of concept, structure or design; changes to content already approved; extensions beyond the package scope; repeated detail changes for purely aesthetic reasons.

(3) The standard of performance owed is solely the package scope described on the product page, the customer's briefing and Digital Maker's professional quality standard as evident in the reference project — not any subjective expectation or ideal notion of the customer going beyond that. Design questions (e.g. layout, image style, tonality) are, within the briefing, at Digital Maker's reasonable discretion; deviation from subjective taste does not constitute a defect provided the website corresponds to the agreed package scope.

(4) Once the included revision rounds are used up, further changes are carried out exclusively against separate remuneration on a time basis or on the basis of a separate quote.

(5) The website is only published after the customer's approval. Upon approval for publication — or upon completion of the last included revision round without any deviations from the package scope being asserted — the work is deemed accepted; insignificant defects do not entitle the customer to refuse acceptance.

§ 7 First-draft guarantee

(1) If the customer is not convinced by the first complete draft presented, they may declare withdrawal from the contract in text form within 14 calendar days of its receipt. In that case Digital Maker refunds the package price paid in full.

(2) In the event of withdrawal under paragraph 1, the customer acquires no rights to the drafts and content created; any use is prohibited.

(3) The guarantee lapses as soon as the customer uses a revision round or approves the draft in whole or in part.

§ 8 Prices and payment

(1) The prices shown on the product page at the time of the order apply. All prices are exclusive of applicable statutory VAT.

(2) The package price is due as a one-time payment upon ordering and is paid by card via Stripe or — by arrangement — by bank transfer. The customer receives a proper invoice.

(3) The "Care & Hosting" add-on is billed monthly in advance and may be terminated by either party with one month's notice to the end of a month.

§ 9 Usage rights

(1) Upon full payment of the package price, the customer receives the exclusive, perpetual, worldwide, transferable right to use, edit and exploit the website created for them, including the copy and imagery created, for their own purposes.

(2) Components licensed from third parties (e.g. open-source software, fonts, stock material) are excluded; the respective licence terms apply, about which Digital Maker provides information on request.

(3) Digital Maker remains entitled to use general design elements, layout structures, tools and know-how developed in the course of the project for other projects.

§ 10 Customer content and indemnification

(1) Where the customer provides their own content (e.g. logo, photos, copy, trademarks), they warrant that they are entitled to use it and that the content does not infringe third-party rights or applicable law.

(2) The customer indemnifies Digital Maker against all third-party claims based on a breach of this warranty, including reasonable costs of legal defence.

(3) The customer is responsible for the factual accuracy of the information about their business presented on the website (e.g. service descriptions, prices, certifications) and reviews the drafts accordingly before approval.

§ 11 Legal pages of the customer website; no legal advice

(1) Digital Maker prepares standard legal pages for the customer's website (e.g. imprint/note legali, privacy policy, cookie notices) technically and editorially. This does not constitute legal advice.

(2) The customer is responsible for the legal accuracy, completeness and currency of these pages with regard to their business and the law applicable to them; Digital Maker recommends a review by a lawyer or other qualified adviser.

§ 12 Hosting and care

(1) The package price includes hosting of the website for twelve months from publication. In good time before expiry, Digital Maker informs the customer of the options: taking out the "Care & Hosting" add-on or free transfer of the website to hosting in the customer's own name.

(2) The "Care & Hosting" add-on comprises the services described on the product page (hosting, SSL, updates, backups, monitoring and minor changes of up to two hours per month; unused hours expire).

(3) Digital Maker does not warrant uninterrupted availability of the hosting. Planned maintenance is announced where possible.

(4) If hosting by Digital Maker ends, Digital Maker provides the customer with the website data in a common format.

§ 13 Warranty and liability

(1) The statutory warranty rights apply, provided that Digital Maker is first entitled to cure.

(2) Digital Maker is liable without limitation for intent and gross negligence and for damage resulting from injury to life, body or health. In cases of simple negligence, Digital Maker is liable only for the breach of essential contractual obligations (cardinal obligations), limited to the foreseeable damage typical for the contract and capped at the package price paid by the customer.

(3) Liability under the German Product Liability Act remains unaffected.

(4) Digital Maker does not warrant particular search-engine rankings, visitor numbers or commercial success of the website.

§ 14 Reference

(1) After publication, Digital Maker may name the customer and reasonably depict the website created as a reference (e.g. on its own website and in proposals), unless the customer objects in text form.

(2) Digital Maker may place a discreet attribution notice with a link in the footer of the website created; it will be removed at the customer's request.

§ 15 Final provisions

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

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Frankfurt am Main, provided the customer is a merchant, a legal person under public law or a special fund under public law, or has no general place of jurisdiction in Germany.

(3) These terms exist in German, English and Italian. In the event of discrepancies, the German version alone prevails.

(4) Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected.