Terms and Conditions

Nahiro.net in the field of website creation (and software related to the website) and in the field of maintenance, care, repair, and restoration of websites (and software related to the website) as of July 27, 2018

  1. Scope of Application

These General Terms and Conditions (GTC) apply exclusively to contracts with Nahiro.net (hereinafter referred to as Nahiro.net) and its contractual partners (hereinafter referred to as customers).

The services offered by Nahiro.net are directed at entrepreneurs within the meaning of § 14 BGB, as well as private customers.

If the customer has business conditions, only those provisions that are consistent in content (validity of congruence) will apply. Contradictory provisions are eliminated without replacement.

No oral agreements are made in addition to this contract. All agreements must be in writing to be valid according to § 126 BGB.

Individual contractual agreements take precedence over these GTC according to § 305b BGB.

  1. Services

Nahiro.net offers the following services in the field of website creation:

  • Custom software programming within a content management system

  • Database products

  • Online stores

  • Web hosting

  • APP programming (iOS, Android, Windows)

  • Creation of editorial texts

  • Online and offline marketing measures

  • Graphic work in the print and non-print areas

Nahiro.net offers the following services in the field of website maintenance, care, repair, and restoration:

  • Maintaining the operability of the website or software, especially through regular automatic updates performed by Nahiro.net to a new version of the software used (update) as soon as it is available.

 

  • Repair due to malfunction or a customer request in the form of defect elimination that impedes or makes proper use of the website or software impossible. This also includes the consequences of improper handling.

The individual and concrete performance obligation for Nahiro.net’s offers is derived from the performance concept agreed upon with the customer, which becomes an integral part of the contract.

 

  1. Collaboration and Execution

 

If the customer wishes to include individual content in the product, this entails a cooperation obligation on their part.

In the field of website creation, the customer guarantees that the content provided by them (especially texts, images, videos, audio recordings, etc.) does not infringe the rights of third parties and can be published in their name. Nahiro.net assumes no responsibility for the publication of content that infringes the rights of third parties for the aforementioned reasons.

In the field of website maintenance, care, repair, and restoration, the customer guarantees that they will inform Nahiro.net of any malfunction of the website or software immediately after it is detected. Furthermore, the customer is obliged to cooperate to a reasonable extent in the search for and correction of errors, especially if defect reports, test logs, error notifications, etc., are available, these must be provided immediately to Nahiro.net.

The support request of the contractual partner/customer is processed in order of arrival and the type of support. It is irrelevant how the support request is submitted to the contractor.

There is no legal right to problem resolution within a specified timeframe by the contractor.

To resolve the issue, it may be necessary for Nahiro.net to contact the manufacturers of the products. Due to different time zones, this may lead to delays in processing the support request.

 

  1. Acceptance

 

To complete the contractually agreed work in the area of website creation, acceptance is required.

The performance criteria jointly agreed upon in the contractual concept serve as the basis for acceptance criteria.

The customer agrees to perform an acceptance within 14 days of the completion of the work. After this period, the work is considered accepted.

Acceptance cannot be refused due to minor defects.

 

  1. Copyright and Usage Rights

 

All copyrights remain with the author or joint authors of the work according to § 29 UrhG.

Nahiro.net grants the customer a simple usage right according to § 31 Abs. 3 UrhG. This right allows the customer to use the work for the usage purposes mentioned in the performance concept, taking into account the content, spatial, and temporal restrictions agreed upon.

This usage right does not allow the customer to make independent significant changes to the work. Additionally, it does not allow the customer to grant additional usage rights to a third party.

Nahiro.net also reserves the right to continue using the work or parts of the work or to use fundamental elements of the work in other ways.

Nahiro.net has the right to place a reference to the authorship of the created work in an appropriate place on the website. This reference must be visually integrated into the website’s design and contains additional information about the author’s name and an easy way to contact the author.

 

  1. Prices and Payment Terms

 

All mentioned prices are net prices. Invoices are payable immediately to the bank account mentioned in the invoice or via PayPal without deductions.

50% of the invoice amount must be paid as an upfront payment to the bank account mentioned in the invoice or via PayPal without deductions, the remaining balance must be paid before the delivery of data/services also to the bank account mentioned in the invoice or via PayPal without deductions.

 

  1. Additional Services

 

Other additional services, not included in the contract’s performance concept but requested by the customer, must be paid for separately.

Billing is based on started hours.

 

  1. Limited Warranty, Liability

 

If the WordPress installation is updated by itself or by the contractual partners, and/or if plugins are added/removed/updated after the project’s completion; there may be a possibility that some functions may not work. We can fix it later for you, but these scenarios would not hold us responsible for any loss on the customer’s/contractual partners’ part. Nahiro.net assumes no responsibility for the performance or proper functioning of third-party components such as plugins, themes, or software used for the development or execution of the contract.

The contractual partner/customer indemnifies Nahiro.net from all claims, costs, and expenses that may arise directly or indirectly from the breach of any of their obligations under this contract by the contractual partner/customer, including all claims that may allege that the services provided by Nahiro.net under this development proposal infringe a patent, copyright, trade secret, or similar right of a third party.

Nahiro.net is not responsible for costs, damages, or lost profits due to non-compliance with agreed deadlines. Once the project/contract has begun, no further refund requests will be accepted.

Nahiro.net is not responsible for costs, damages, or lost profits resulting from the unavailability of the website, its servers, software, or materials provided by the contractual partner/customer.

 

  1. References

 

Nahiro.net has the right, after providing the contractually agreed service, to publicly use the customer’s name as a customer reference. This right also includes the use of any registered trademarks (especially word and image trademarks) of the customer to be displayed in reference lists, which are publicly accessible on Nahiro.net’s website.

 

  1. Withdrawal and Termination

 

For services in the area of website creation, both parties agree on a contractual right of withdrawal under the following conditions:

Nahiro.net is granted a right of withdrawal if the customer does not fulfill their payment obligation. This is especially the case if an agreed-upon advance payment is not made or not made on time.

For failure to perform collaborative actions in the area of website creation according to § 3 Abs. 2 of these GTC, which result in a delay in acceptance, Nahiro.net is entitled to appropriate compensation according to § 642 Abs. 1 in connection with § 642 Abs. 2 BGB.

Nahiro.net is also authorized to set a reasonable deadline for the customer according to § 643 BGB to perform the collaborative action and, if this deadline expires, to terminate the contract.

For services in the area of website maintenance, care, repair, and restoration, Nahiro.net is granted a right of termination if the customer does not fulfill their payment obligation. This is especially the case if the customer fails to pay the invoice amount at least twice or fails to do so on time.

The mutual right of termination without notice for good cause is not affected by this. Good cause exists especially in those incidents that significantly affect the trust relationship between the contractor and the customer and make continued cooperation until ordinary termination appear unreasonable

 

  1. Applicable Law and Jurisdiction

 

The law of the Federal Republic of Germany exclusively applies, explicitly excluding the UN Sales Law.

 

  1. Final Provisions

 

Nahiro.net is authorized to subsequently change these GTC. Reasons for possible changes include, among others, changes in law, new case law, or market conditions that have a significant impact on Nahiro.net’s business model.

In the event of a change to these GTC, the customer will be informed of the change and will have four weeks from the time of access to the new version to object to it.