Legal

Terms &
Conditions

Last updated: 20 April 2026

This page is a courtesy translation. The legally binding version is the German AGB. In case of any discrepancy between the German original and this English version, the German wording prevails. References to German statutes (BGB, GDPR, TMG, MStV) remain in their original form.

§ 1 Scope

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between KURKLUB UG (haftungsbeschränkt), Eppendorfer Landstraße 98c, 20249 Hamburg, Germany (hereinafter "Contractor" or "KURKLUB") and the client for the provision of web design, development, hosting and maintenance services.

(2) Deviating, contradictory or supplementary terms of the client shall not become part of the contract unless their validity has been expressly agreed to in text form.

(3) KURKLUB serves both consumers within the meaning of § 13 BGB (German Civil Code) and entrepreneurs within the meaning of § 14 BGB. Consumer-specific provisions are identified separately.

§ 2 Subject matter & scope of services

(1) KURKLUB provides services in the field of concept, design, development and operation of websites. The specific scope of services results from the chosen package tier (Starter / Business / Premium) as well as an individual specification agreed in text form.

(2) The packages listed on kurklub.de/en/preise are fixed-price services with a defined scope. Not included are in particular: additional sub-pages beyond the agreed scope, custom programming of features, photo shoots, license costs for paid third-party content, and print and advertising materials.

(3) Change and extension requests submitted after approval of the design draft or after project start are subject to fees via the "Changes & Continued Development" offering on kurklub.de/en/preise, unless the change request is based on an error by the contractor.

(4) KURKLUB is entitled to use third parties (subcontractors) for the fulfillment of the contract.

§ 3 Client's duties to cooperate

(1) The client provides KURKLUB with the content, data, access rights and information required for service provision in a timely, complete and usable form. This includes in particular logos, images, texts, mandatory legal information (imprint, privacy policy) and access credentials for domain, hosting and existing systems.

(2) Delays resulting from incomplete or late cooperation by the client are not at KURKLUB's expense. Agreed completion dates extend accordingly.

(3) The client warrants that they hold the necessary usage rights to all content provided, or have obtained them. The client indemnifies KURKLUB against third-party claims for legal violations arising from content supplied by the client.

§ 4 Conclusion of contract

(1) The presentation of packages on the website does not constitute a binding offer but rather an invitation to submit an offer.

(2) The contract is concluded by (a) KURKLUB preparing a quote following a consultation, and (b) acceptance by the client in text form or by signed order confirmation.

(3) Changes and additions to the contract require text form.

§ 5 Prices & payment terms

(1) The prices stated in the order confirmation at the time of contract conclusion apply. All prices are in euros plus statutory VAT where applicable.

(2) Payment terms for one-time project services are typically:

(3) Maintenance and hosting services are invoiced monthly in advance by SEPA direct debit or bank transfer. The initial term is 12 months unless otherwise agreed.

(4) Invoices are due for payment without deduction within 14 days of the invoice date. In case of late payment, KURKLUB is entitled to charge default interest at the statutory rate (§ 288 BGB).

(5) In case of payment default of more than 30 days, KURKLUB is entitled to suspend ongoing services (in particular hosting and maintenance) until payment is received, after a reasonable grace period has been set.

§ 6 Acceptance

(1) Upon completion, KURKLUB provides the work product to the client for acceptance at a staging URL.

(2) The client must review the work for defects within 14 calendar days and accept it. Acceptance is deemed to have been granted if the client expressly accepts the work, uses it productively (in particular by going live on their own production domain), or fails to give written notice of substantial defects within the 14-day review period.

(3) Minor defects do not entitle the client to refuse acceptance.

§ 7 Rights of use

(1) Upon full payment of the agreed fee, KURKLUB grants the client the non-exclusive, unlimited (in time and territory) right of use to the work products created under the contract — limited to the contractually intended purpose (operation of the client's website).

(2) The right of use does not include: resale, sublicensing to third parties, modification for the purpose of sale as a template/theme, or use outside the agreed project.

(3) Licenses for third-party content used in the project (e.g. fonts, stock photography, libraries) are included only for the contractual use. Separate licenses may be required for other uses (e.g. print advertising, social media).

(4) KURKLUB is entitled to use the work product, naming the client, for reference and self-promotional purposes (portfolio, case study, social media). The client may object to this reference entry at any time in text form.

§ 8 Warranty

(1) KURKLUB warrants that the work products delivered are free from material and legal defects upon acceptance that would render them unfit or significantly reduce their fitness for the contractually agreed use.

(2) For justified defect notices, KURKLUB has the right and obligation to provide cure (rectification or new production, at KURKLUB's choice). If cure fails after two attempts, the client may demand a reduction in price or rescind the contract in accordance with statutory provisions.

(3) The warranty period is 2 years for consumers and 1 year for entrepreneurs, starting from acceptance.

(4) Not considered defects within this provision are: changes in technical standards (browser updates, operating system updates), changes made by the client or third parties to the work, and rendering differences on no-longer-supported browser versions.

§ 9 Liability

(1) KURKLUB is liable without limitation for intent and gross negligence as well as for damages arising from injury to life, body or health.

(2) For slight negligence, KURKLUB is only liable in case of breach of material contractual obligations (cardinal duties). Liability in such cases is limited in amount to the foreseeable damage typical of the contract.

(3) In all other cases, the liability of KURKLUB is excluded.

(4) The above limitations of liability do not apply to claims under the German Product Liability Act (Produkthaftungsgesetz) or in the event of an assumed guarantee or quality assurance.

(5) KURKLUB accepts no liability for data loss caused by the client's failure to perform their own backups — in particular for clients who have not concluded a maintenance contract with KURKLUB.

§ 10 Term & termination (maintenance and hosting contracts)

(1) The initial term of a maintenance or hosting contract is 12 months, starting on the first day of the calendar month following go-live, unless otherwise agreed.

(2) The contract automatically renews for additional 12-month periods unless terminated in text form with a notice period of 3 months prior to the end of the respective term.

(3) The right to extraordinary termination for cause remains unaffected.

(4) One-time project orders (Starter / Business / Premium) may be terminated by the client in text form up to the point of concept approval, subject to reimbursement of work performed (minimum 30 % of the order value). After concept approval, termination is only possible for cause.

§ 11 Hosting, availability & backups

(1) Hosting is provided via GDPR-compliant data centers within the European Union. KURKLUB endeavors to achieve an average annual availability of 99.5 %, excluding scheduled maintenance, force majeure and circumstances attributable to the client.

(2) Within the scope of the maintenance contract, KURKLUB creates automatic backups at the following frequency: daily incremental, weekly full backup, 30-day retention. Long-term archiving beyond this is optionally available for a fee.

(3) Without an active maintenance contract, the client is responsible for backups, software updates and security patches themselves.

§ 12 Data protection

The processing of personal data is carried out in accordance with the privacy policy. When processing personal data on behalf of the client, a separate data processing agreement (DPA) is concluded pursuant to Art. 28 GDPR.

§ 13 Dispute resolution

(1) The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/consumers/odr/.

(2) KURKLUB is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 14 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

(2) Place of performance and — to the extent legally permissible — exclusive place of jurisdiction for all disputes arising from this contract is Hamburg.

(3) Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the statutory regulation.

(4) Changes to these GTC will be communicated to the client in text form. If the client does not object within 6 weeks, the changes are deemed approved. This right of objection will be pointed out separately in the notification.

Note: These GTC have been drafted to the best of our knowledge. For legally binding advice in individual cases, review by a licensed lawyer is required.