Terms of Service

Last updated: August 2026

§ 1 Scope

These General Terms and Conditions (GTC) apply to all contracts between NBit – Nagl Business IT, Pierre Nagl-Weichselbaum, Hinterer Berg 14, 92360 Mühlhausen, Germany (the “Provider”) and its clients (the “Customer”) for services in the areas of web and app development, design, marketing, IT consulting, IT support and hosting. Deviating terms of the Customer apply only if the Provider expressly agrees to them in writing.

§ 2 Subject matter and services

The type and scope of services result from the respective offer or individual order confirmation. The Provider renders its services in line with the state of the art at the time the contract is concluded. Unless a specific quality is expressly agreed, the Provider owes a professional service of average type and quality.

§ 3 Offer and conclusion of contract

Offers by the Provider are non-binding unless expressly designated as binding. The contract is concluded upon the Provider's written order confirmation or upon commencement of the work. Communication and conclusion of the contract may also take place by email.

§ 4 Customer's duties to cooperate

The Customer shall provide the Provider with all information, content, access and materials required for the provision of services in good time and in a suitable form, and shall name a responsible contact person. Delays caused by missing or late cooperation are not attributable to the Provider and may lead to an adjustment of deadlines and remuneration. The Customer warrants that the content it provides is free of third-party rights.

§ 5 Prices and payment terms

The prices stated in the offer apply. All prices are in euros plus the applicable statutory VAT. Unless otherwise agreed, invoices are due net within 14 days of the invoice date. For longer-term projects, the Provider is entitled to issue reasonable advance payments or partial invoices according to project progress. Ongoing services (e.g. hosting, maintenance, support) are invoiced in advance for the agreed billing period.

§ 6 Time of performance and deadlines

Stated dates and deadlines are binding only if they have been expressly agreed in writing as binding. Events of force majeure and circumstances for which the Provider is not responsible extend deadlines appropriately.

§ 7 Acceptance

Where work results are owed, the Customer shall accept them without undue delay after delivery. Acceptance is deemed to have taken place if the Customer does not report material defects in writing within 14 days of delivery or uses the service productively. Insignificant defects do not entitle the Customer to refuse acceptance.

§ 8 Rights of use

Upon full payment of the agreed remuneration, the Provider grants the Customer the rights of use to the created work results required for the contractually intended purpose. Until full payment, all rights remain with the Provider. Standard, open-source or third-party components used by the Provider are subject to their respective license terms. The Provider may name the project as a reference, respecting confidentiality interests, unless the Customer objects.

§ 9 Warranty

The Provider warrants the contractual provision of services. In the event of defects, the Provider first has the right to subsequent performance. The Customer shall describe defects in a comprehensible manner. Claims for defects become time-barred — to the extent legally permissible — within twelve months of acceptance or delivery; the statutory periods for intent, fraudulent concealment and personal injury remain unaffected.

§ 10 Liability

The Provider is liable without limitation for intent and gross negligence and for injury to life, body or health. In the case of slight negligence, the Provider is liable only for the breach of essential contractual obligations (cardinal obligations) and limited in amount to the foreseeable damage typical for the contract. Any further liability is excluded. The Customer is responsible for backing up its own data regularly.

§ 11 Confidentiality and data protection

The contracting parties shall treat the other party's confidential information as confidential and use it only for the purposes of performing the contract. The processing of personal data is carried out in accordance with our privacy policy and applicable data protection law. Insofar as the Provider processes personal data on behalf of the Customer, a data processing agreement (Art. 28 GDPR) will be concluded on request.

§ 12 Term and termination

Contracts for one-off project services end upon their provision and acceptance. Continuing obligations (e.g. hosting, maintenance, support) run for an indefinite period and may be terminated by either party in text form with a notice period of 30 days to the end of the billing period, unless otherwise agreed. The right to extraordinary termination for good cause remains unaffected.

§ 13 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is the Provider's registered place of business. Amendments and supplements must be made in text form. Should any provision be or become invalid, the validity of the remaining provisions remains unaffected.