Terms & Conditions

§ 1 Scope of Application

These General Terms and Conditions (GTC) apply to all contracts between Orchidee Lab, Halil Ertan, Hornstraße 6, 41239 Mönchengladbach, Germany (hereinafter "Contractor") and the respective Client for the provision of web and IT services.

Deviating terms and conditions of the Client shall not be recognized unless the Contractor expressly agrees to their validity in writing.

§ 2 Conclusion of Contract

Offers by the Contractor are non-binding. A contract is only concluded upon written order confirmation by the Contractor or upon commencement of service delivery.

The Client is obligated to provide all information, materials, and access necessary for the execution of the order in a timely and complete manner.

§ 3 Scope of Services

The exact scope of services is determined by the respective offer or order confirmation. Changes or extensions to the agreed scope of services require a separate written agreement and may lead to adjustments in price and delivery date.

The Contractor is entitled to have partial services performed by qualified third parties.

§ 4 Compensation & Payment

Compensation is based on the agreed offer. All prices are in euros (€). As a small business owner within the meaning of § 19 UStG, no VAT is charged.

Invoices are due within 14 days of the invoice date without deduction. For projects with a total volume of €500 or more, a deposit of 50% is due upon order placement.

In the event of late payment, the Contractor is entitled to charge default interest at the statutory rate.

§ 5 Delivery Times & Deadlines

Agreed dates and deadlines are only binding if they have been confirmed in writing as binding. Delays caused by missing or late deliveries from the Client shall not be the responsibility of the Contractor and shall extend the delivery date accordingly.

§ 6 Client's Obligations to Cooperate

The Client is obligated to:

1. Provide all required content, texts, images, and materials in a timely manner.
2. Grant necessary access (e.g., hosting, domains, third-party systems).
3. Provide feedback and approvals within agreed timeframes.
4. Designate a fixed contact person for the project execution.

Delays caused by violation of these obligations shall not be the responsibility of the Contractor.

§ 7 Usage Rights & Copyright

Upon full payment, the Contractor grants the Client a simple, non-transferable right of use for the created works for the agreed purpose.

The Contractor retains the right to use the created works in their portfolio and for promotional purposes, unless the Client expressly objects.

Source code and working files remain the property of the Contractor unless expressly agreed otherwise.

§ 8 Warranty & Liability

The Contractor warrants that the services provided conform to the agreed scope of services. Defects must be reported in writing immediately, but no later than 14 days after acceptance.

The Contractor's liability is limited to intent and gross negligence. Liability for lost profits, indirect damages, or consequential damages is excluded to the extent permitted by law.

The Contractor is not liable for damages caused by faulty or incomplete deliveries from the Client.

§ 9 Confidentiality

Both parties undertake to keep confidential all confidential information received from the other party in the course of the collaboration and not to disclose it to third parties. This obligation shall continue even after termination of the contractual relationship.

§ 10 Termination

Either party may terminate the contractual relationship with 14 days written notice. Services already rendered shall be compensated in any case. For ongoing projects, the Client shall pay for services rendered up to the date of termination on a pro rata basis.

§ 11 Final Provisions

The law of the Federal Republic of Germany shall apply. The place of jurisdiction for all disputes arising from this contractual relationship is – to the extent legally permissible – the Contractor's registered office in Mönchengladbach.

Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.