General Terms and Conditions

These General Terms and Conditions apply to all contracts between Ajdin Podrinja, Grow — Webentwicklung & Digitalmarketing ("Grow"), and its clients for the creation of websites, online shops, apps and software, as well as maintenance, hosting and SEO services.

Our services are aimed at businesses within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law. Deviating terms of the client only apply if we expressly agree to them in writing.

On request we build a demo of the website based on the client's information and materials. The demo is free and non-binding; it creates no obligation for either party to conclude a contract.

All rights to the demo remain with Grow until a contract has been concluded and paid in full. Without a contract the demo may not be published, passed on or recreated by third parties.

A contract is concluded when the client accepts our offer (including by email or messenger). The scope of services follows from the selected package as shown on the pricing page at the time of the offer and from the offer itself.

Additional requests beyond the agreed package are quoted separately and only carried out after the client's approval.

The agreed fixed prices in euros apply. Our prices are net prices. As Grow is established outside the EU, no German VAT is charged to businesses in the EU; the tax liability passes to the client (reverse charge).

• 50% of the fixed price is due on commissioning.
• 50% is due on acceptance, before the website goes live.
• Invoices are payable within 14 days without deduction.

Costs for third-party services that the client commissions directly (e.g. domain, paid licences, payment providers) are borne by the client unless agreed otherwise.

The client provides the content required for implementation (texts, images, logos, access credentials) in good time and warrants that they hold the necessary rights to it. The client indemnifies Grow against third-party claims arising from content supplied by the client.

If the provision of content is delayed, agreed deadlines are postponed accordingly. Legal review of the content (e.g. legal notice, privacy policy, advertising claims) is the client's responsibility; we provide templates but do not give legal advice.

Once completed, we hand over the website for review. Two rounds of revisions are included in the fixed price. Acceptance is deemed to have taken place when the client approves the website or does not report any material defects in writing within 14 days of handover.

Upon full payment, the client receives the non-exclusive right, unlimited in time and territory, to use and modify the website for its purposes. Domain and content belong to the client; we hand over the source code on request.

Until full payment, all rights remain with Grow. Open-source components and third-party licences used are subject to their respective licence terms. Grow may name the project as a reference unless the client objects.

The GROW CARE and GROW CARE+ maintenance packages are optional. The first three months after go-live are free with every build package; afterwards maintenance only continues if the client confirms it.

Maintenance contracts run monthly and can be cancelled at any time with effect from the end of the current month (text form suffices). Unused hours of changes expire at the end of the month. On cancellation we support the move of the website to another provider.

We remedy defects that existed at acceptance within a reasonable period by rectification. The warranty period is 12 months from acceptance. Errors caused by changes made by the client or third parties, by third-party updates or by browser or system environments not agreed upon are not defects.

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.

In the event of slightly negligent breach of essential contractual obligations, liability is limited to the typical, foreseeable damage, and at most to the amount of the agreed fee. Liability for slight negligence is otherwise excluded.

We are only liable for data loss to the extent that would have occurred had the client made regular backups; under GROW CARE we take care of daily backups.

Both parties treat the other party's confidential information as confidential. Where we process personal data on the client's behalf (e.g. hosting), we conclude a data processing agreement under Art. 28 GDPR on request.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the client's registered office; Grow may also sue the client at any other statutory place of jurisdiction.

Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.