Terms and Conditions

1. Scope

These General Terms and Conditions apply to all contracts for web development and AI integration services between Kay-Uwe Ferver (hereinafter "Provider") and the client (hereinafter "Client"). Conflicting or supplementary terms of the Client shall only apply if expressly agreed to in writing.

2. Services

The Provider offers the following services:

• Development of high-performance websites using Astro (Static Site Generation)
• Setup and integration of local AI systems (RAG pipelines, language models) on dedicated server hardware
• Server configuration and initial deployment on Hetzner infrastructure
• Documentation, handover and client training

The specific scope of services is defined in the individual project agreement. The Provider does not provide ongoing management, hosting or maintenance services unless explicitly agreed.

3. Conclusion of contract

A contract is concluded when the Client accepts a written offer from the Provider, or when both parties agree on the scope and price of the project in writing (including email). The offer remains valid for 30 days unless otherwise stated.

4. Prices and payment

All prices are one-time setup fees unless otherwise stated. The Provider does not charge recurring fees for the delivered work. Ongoing server costs (e.g. Hetzner dedicated servers) are paid directly by the Client to the hosting provider.

Payment is due as follows unless otherwise agreed:

• 50% upon contract conclusion (advance payment)
• 50% upon handover and acceptance of the project

Invoices are due within 14 days of receipt. All prices are final prices. As the Provider is currently not registered for VAT, no value-added tax is charged (§ 19 UStG).

5. Client cooperation

The Client shall provide all necessary content (texts, images, logos), access credentials and information in a timely manner. Delays caused by the Client may result in a corresponding extension of the delivery timeline.

The Client is responsible for ensuring that provided content does not infringe on third-party rights and complies with applicable laws.

6. Delivery and acceptance

The Provider delivers the project as a documented, deployable codebase on GitHub and, where applicable, a fully configured server. The Client has 14 days after delivery to review the work and report any deficiencies.

If the Client does not report deficiencies within this period, the project is considered accepted. Minor deviations from the specification that do not impair functionality do not constitute deficiencies.

7. Warranty

The Provider warrants that the delivered work conforms to the agreed specification at the time of handover. The warranty period is 12 months from acceptance.

The warranty covers defects in the delivered code and configuration. It does not cover issues caused by third-party modifications, external service changes (e.g. API changes by Hetzner), or Client-side modifications to the code.

In the event of a defect, the Provider shall first attempt to rectify the issue (supplementary performance). If rectification fails twice, the Client may reduce the price or withdraw from the contract.

8. Limitation of liability

The Provider shall be liable without limitation for damages caused by intent or gross negligence, as well as for injury to life, body or health.

For slight negligence, the Provider shall only be liable in the event of a breach of an essential contractual obligation (cardinal obligation). In such cases, liability is limited to the foreseeable, typically occurring damage, and in any case to the amount of the agreed remuneration.

The Provider is not liable for loss of data if the Client has failed to ensure appropriate data backup. The Provider is not liable for the availability or performance of third-party services (e.g. Hetzner servers, SMTP providers).

9. Intellectual property and usage rights

Upon full payment, the Client receives an exclusive, perpetual, transferable right of use to the delivered project-specific code and configuration.

The website source code framework is published as open source under the MIT licence. The Client receives all rights necessary to use, modify and deploy the code without restriction.

The Provider retains the right to use anonymised screenshots and technical descriptions of the project for portfolio and marketing purposes, unless the Client objects in writing.

10. Confidentiality

Both parties undertake to treat all confidential information (business secrets, technical details, access credentials) received from the other party as strictly confidential and not to disclose it to third parties. This obligation continues after the termination of the contract.

11. Applicable law and jurisdiction

These terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If the Client is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes is Heide, Germany.

12. Severability clause

Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.