These terms apply to all web design projects and related services provided by G-Design.Art. A contract is formed upon acceptance of the quote and payment of the agreed deposit (for web design: the first project phase; for graphics: the total order amount).
These T&Cs apply to all contracts between G-Design.Art and its clients. Clients may be consumers (§ 13 BGB) or entrepreneurs (§ 14 BGB). Deviating conditions provided by the client will not be recognised.
Place of Performance & Jurisdiction: For B2B contracts, the place of performance and jurisdiction is Obertshausen, Germany. For consumers, statutory provisions apply.
Right of Withdrawal: Consumers have a statutory 14-day right of withdrawal. Special Note: For bespoke digital content (web design, graphics) tailored to specific requirements, the right of withdrawal expires prematurely once work has commenced with your express consent and acknowledgement of the loss of this right. Payment of the first phase/deposit constitutes this consent.
G-Design.Art reserves the right to reject project enquiries without stating reasons, particularly for content that is racist, discriminatory, glorifies violence, or violates the provider’s ethical principles.
Scope of Services: Services include web design, graphics, motion design, and technical maintenance. Services expressly do not include traditional software development, full-stack database programming, or complex third-party system integrations (e.g., ERP). The focus is on visual design and technical implementation using page-builder technologies like Breakdance.
Remuneration: Fees are based on the fixed price stated in the individual quote. To support self-actualisation projects, G-Design.Art reserves the right to offer discounted rates for private individuals (B2C).
VAT: All prices are quoted without VAT in accordance with § 19 UStG (Small Business Status).
Web Design Projects:Web Design Projects: Work is carried out in defined phases. Work on a phase begins only after full payment for that specific phase (advance payment) has been received.
Graphics & Individual Orders: These are generally handled as single orders. Work begins after receipt of the total amount quoted.
Maintenance Contracts: For ongoing maintenance or support contracts, remuneration is based on the monthly or quarterly flat fee agreed upon in the respective contract. This fee is due in advance for each period.
Provision of Materials: The client agrees to provide all necessary documents and information no later than 7 working days after the contract is formed.
Scope of cooperation: epending on the order, this includes:
Web Design: Texts, images, logos, legal information, and technical access data.
Graphic Design: Colour preferences, style ideas, sketches, reference examples, or specific design specifications.
Delay: If materials are not provided on time, the project will be paused. If no delivery occurs after a further 3 working days , the project will be "shelved." In this case, the reserved time slot is forfeited, and a new schedule must be agreed upon based on current capacity.
Web Design: In jeder Projektphase sind Two (2) revision rounds are included per project phase.
Graphic Design: For pure graphic work, one (1) revision round is included.
Definition: A revision round covers the collective feedback from the client regarding the results of the respective phase or draft.
Additional Effort: Requests for changes after these rounds are completed, or the redesign of already approved elements, are treated as additional orders and will be quoted separately.
Transfer of Rights: G-Design.Art grants the client a simple right of use for the services provided. This right expressly passes to the client only upon full payment (for web design: of all project phases / for graphics: of the total order) and final acceptance .
Scope (Web & Graphics):
Web Design: Graphics, logos, and concepts that are part of the web project may only be used for third-party media (e.g. print) after the full completion of Phase 3.
Graphic Design: The use of designs for the agreed purpose is permitted only after final acceptance and full payment.
File Formats & Working Files: The subject of delivery is exclusively the files finalised for the intended purpose (e.g. PDF, JPG, PNG, WebP). There is no entitlement to the release of open working files (e.g. .ai, .indd, .psd) or source files. If the client wishes these files to be handed over, this must be separately agreed upon and remunerated.
Attribution: G-Design.Art is entitled to be named as the author in the footer of the website ("Design by G-Design.Art" incl. link). The waiver of this attribution can be settled by a fee of 200,00 € .
Reference Rights: G-Design.Art has the right to use the work results (web or graphics) for self-promotion purposes (e.g. portfolio, social media). If the client wishes to prohibit this reference use, a fee of 50% of the total order value is payable. For individual graphic orders, however, this fee is at least 250,00 €.
Responsibility: The client is solely responsible for the legal admissibility of the content provided or commissioned by them. This applies in particular to:
Texts, images, and photographs.
Logos and brand names.
Specific fonts.
Colours and colour combinations,provided these could be protected by trademark law.
No Audit Obligation: G-Design.Art does not perform any legal checks (e.g. trademark research or copyright audits) of the content or the final designs.
Indemnification: The client indemnifies G-Design.Art against all third-party claims based on an infringement of copyright, trademark, or competition laws. This also includes the costs of a reasonable legal defence.
Legal Texts & GDPR: The creation, legal review, and integration of legally required documents (esp. Legal Notice, Privacy Policy) as well as the legally compliant configuration of consent tools (cookie banners) are expressly not part of the services provided by G-Design.Art. G-Design.Art does not provide legal advice. The client is obliged to provide these texts and settings themselves or have them checked by legal counsel. Liability for warnings or fines due to missing or incorrect legal documents or GDPR settings is excluded.
Voluntary Provision: If the contractor provides the client with licenses for third-party software (e.g., WordPress plugins, page builders like Breakdance, or animation tools like Motion Page), this is done as a voluntary service. There is no permanent legal claim to use these agency licenses beyond the period of active collaboration.
No Support Entitlement: The provision of licenses does not include any claim to free support services, troubleshooting, or manual updates after project completion (Phase 3). Upon handover, the client is responsible for monitoring updates themselves, unless a separate maintenance contract is in place.
Changes by Third Parties: Should a software provider change their licensing terms, discontinue a product, or transform the technical foundation (e.g., Core Builder Engine), there is no claim to a free replacement by the contractor. This also applies if software is acquired by the contractor in installments; the client has no claim to the continuation of the license by the contractor should the latter cease payments or the subscription.
Business Hiatus & Cessation: The contractor expressly reserves the right to discontinue the provision of agency licenses in the event of a temporary operational break (e.g., for professional development) or the final closure of the business. In this case, the client will be informed with 4 weeks' notice and is responsible for procuring their own licenses to ensure the functionality (especially for motion designs) and security of the website.
Disclaimer: The contractor shall not be liable for malfunctions, security vulnerabilities, or data loss resulting from licenses not being renewed after the collaboration ends, during operational breaks, or after business closure, or if they are incorrectly configured by the client or become incompatible due to technical updates.
Web Design Projects:Web Design Projects: Cancellation is possible after each completed and accepted phase. Cancellation within a phase that is already running and paid for does not lead to a claim for a refund of the advance payment.
Graphics & Individual Orders: After receiving the first draft/mockup , the client can cancel the order. In this case, 50% of the amount paid will be refunded; the remaining 50% remains with G-Design.Art as compensation for effort.
Once the client has accepted the mockup/concept and G-Design.Art begins the final elaboration, a refund (even partial) is excluded.
Results upon Cancellation: In the event of a cancellation within a current phase (web) or before completion (graphics), there is no entitlement to the release of interim results or open working files. Fully completed and paid phases in web design are excluded from this.
Termination of Maintenance Contracts
For Entrepreneurs (B2B):: Maintenance contracts have a minimum term of 3 months and are automatically renewed for the same term unless they are cancelled with a notice period of 30 days to the end of the respective term.
For Consumers (B2C) Maintenance contracts are renewed for an indefinite period after the minimum term (3 months) has expired and can be cancelled at any time with a notice period of one month.
Duty to Inspect: The client is obliged to inspect the results (website or graphics) immediately upon delivery or before final acceptance for accuracy (e.g. spelling, colours, functions).
Webdesign (Grace Period): Hier ist die sachliche Übersetzung für diese Regelung zur Abnahme und Fehlerbehebung: Acceptance of the website is deemed to have occurred as soon as the client uses the website productively (e.g., through official publication/launch) or if no written notice of defects is submitted within 5 calendar days of the site going live or the provision of the results. Defects reported within this period will be corrected free of charge. After this period has expired or in the event of productive use, any further changes or troubleshooting shall be considered paid support.
Graphic Design: With the final acceptance and delivery of the print-ready or digital files, the order is considered fully and flawlessly fulfilled. There is no subsequent warranty on design decisions or content. Any later change will be charged as a new additional order.
Statutory Warranty Periods: For consumers (B2C), statutory warranty periods apply. For entrepreneurs (B2B), the warranty period is limited to 12 months from acceptance. The warranty refers exclusively to defects that were already present in the code or design at the time of acceptance.
Exclusion for External Influences: The warranty expires for malfunctions or errors that arise after acceptance due to external influences. This includes in particular:
Updates of the content management system (e.g. WordPress core updates).
Updates or incompatibilities of third-party plugins or themes.
Manual changes to the code or settings by the client or third parties.
Browser updates or changes to technical standards by third-party providers.