General Terms and Conditions (AGB) for imple]M[entor

Effective Date: July 2024

1. Introduction and Scope

1.1 These General Terms and Conditions (AGB, Allgemeine Geschäftsbedingungen) apply to all services provided under the brand name “LonePitch” by David Czaplinski, hereinafter referred to as “the Service Provider,” to the client.

1.2 By commissioning the Service Provider, the client accepts these AGB as binding. Deviations from these terms must be agreed upon in writing.

2. Service Description

2.1 The Service Provider offers web development and coaching services as described on this website.

2.2 All services provided will adhere to the standards and conditions specified in the package details on the website.

3. Contract Formation

3.1 Contracts are typically formed through verbal agreements during video or voice calls or via email.

3.2 The initial discovery call is for discussing project requirements and does not constitute a binding agreement to purchase. A binding agreement is only formed upon confirmation of the service and the associated terms by both parties.

4. Payment Terms

4.1 Payments can be made via PayPal or bank transfer. Detailed instructions will be provided upon confirmation of service.

4.2 The Service Provider does not currently charge VAT. Should the Service Provider become required to charge VAT in the future, the following will apply:

For clients based in Germany: VAT at the standard rate of 19% will be added.
For clients based in other EU countries: VAT may be charged based on the client’s location and in accordance with EU VAT rules.
For clients outside the EU: VAT will not be applicable.

4.3 Payments are due within 14 days of invoicing. In case of late payments, the Service Provider will send email reminders. Continued non-payment may result in refusal of future collaboration.

5. Client Obligations

5.1 The client is responsible for providing comprehensive web designs in industry-standard formats.

5.2 The client must cooperate with the Service Provider to address any questions or clarifications needed for the project.

6. Delivery and Deadlines

6.1 The Service Provider aims to deliver results within one month after the completion of project planning.

6.2 If the delivery time exceeds two months, a 50% discount on the agreed price will be given. After three months, the client is entitled to a 100% refund.

7. Liability and Warranty

7.1 The Service Provider's liability is limited to the extent permissible by law. Liability for damages arising from injury to life, body, or health due to intentional or negligent breach of duty by the Service Provider, as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the Service Provider, cannot be excluded or limited.

7.2 The Service Provider warrants that the web development services provided will be free from material defects for a period of two years from the date of delivery. If a defect becomes apparent within six months of delivery, it is presumed to have existed at the time of transfer, unless the Service Provider proves otherwise.

7.3 In the event of a defect in the web development services, the client has the right to demand either the repair of the defect or the delivery of a defect-free service (cure). If the chosen form of cure is impossible or involves disproportionate costs, the Service Provider may refuse it. In this case, the client may choose the alternative remedy.

7.4 If the Service Provider fails to remedy the defect within a reasonable period, the client may reduce the agreed price or rescind the contract. Additionally, the client may claim damages if the Service Provider is responsible for the defect.

7.5 For coaching services, the Service Provider does not guarantee specific results and is not liable for the outcomes of the coaching sessions. The client is responsible for implementing the strategies discussed.

7.6 The Service Provider is not liable for indirect damages or losses due to third-party services, technical issues, or force majeure events, except where such liability cannot be excluded under applicable law.

8. Confidentiality

8.1 All information exchanged between the client and the Service Provider will be treated as confidential.

8.2 Source code and project-related data are managed and stored via GitLab. The Service Provider ensures that GitLab is operated in accordance with applicable data protection and security standards. Access to the GitLab repositories is governed by the agreed access rights and security protocols.

8.3 Data is stored in Google Cloud services and is subject to their data protection and confidentiality statements.

9. Termination

9.1 Either party can terminate the contract at any time without specific notice requirements.

9.2 There are no specific consequences for termination unless otherwise agreed upon in writing.

10. Jurisdiction and Governing Law

10.1 These AGB are governed by the laws of Germany.

10.2 Any legal disputes arising from these AGB shall be handled under the jurisdiction of the courts in Germany.

11. Additional Clauses

11.1 Intellectual Property: The Service Provider retains the intellectual property rights of all work until full payment is received. After full payment is made, all source code generated by the Service Provider will be owned by the client.

11.2 Dispute Resolution: Any disputes will first be attempted to be resolved through mediation. If unsuccessful, legal action may be taken in the competent courts of Germany.

11.3 Changes to the AGB: We reserve the right to update these terms. Clients will be notified via email of any changes at least 30 days in advance.

Last Updated: July 2024

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