Terms & Conditions

The following conditions apply to all services I provide, including advice and recommendations. They apply to subsequent contracts in their currently valid version, even if no separate reference is made to them in individual cases.

Changes to the terms and conditions will be communicated to the client in writing. The new terms and conditions are deemed to have been accepted if the client does not object to them in writing. The client must submit his objection to me within 14 days of notifying me of the changes.

My client's terms and conditions do not apply under any circumstances, even if I do not expressly object.

I provide my services exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). Consumers within the meaning of § 13 BGB do not receive any services. All prices are exclusive of the statutory VAT.

Offers are always subject to change.

I reserve the right to make improvements or changes to the contractually agreed services, provided these are reasonable for the client and do not cause any significant disadvantage for the client.

Orders are accepted with a written order confirmation by letter, fax, or electronic order confirmation by email in accordance with the provisions of these General Terms and Conditions.

Oral special conditions require written confirmation to be effective.

After receiving the written order confirmation from the client, I start work and create a corresponding sample draft.

Websites are made available to the client for review and approval. After examining the design, the client has the right to request changes or improvements or (if the design is absolutely unsatisfactory) to request a second sample.

Any requests for changes beyond this will result in the additional costs being invoiced based on the agreed hourly or daily rate.

Delivery dates and deadlines must be agreed. If the client requests changes to the order after the order has been placed that affect the production time, the delivery time will be extended accordingly.

I will inform the client when the contractual service has been fully provided and can be accepted.

After receiving the notice of completion, the client is obliged to accept the contractual work immediately and may not refuse it for design or artistic reasons. As part of the contract, the client is free to design the work.

I will inform the client immediately about the completion of individual project steps (concept, design, functions). The client is obliged to respond to this notification within 48 hours. If there is no response within this period, the project step/result is deemed to have been accepted in accordance with the contract.

The services provided are deemed to have been accepted in accordance with the contract without an express declaration and will be invoiced if the client does not submit a declaration of acceptance within 10 working days of sending the notice of completion (including in electronic form) and does not make any other declaration.

I am entitled to withdraw from a contract with immediate effect for important reasons. The termination must be made in writing. Such an important reason exists in particular, but not exclusively:

• If, for reasons for which the customer is responsible, the execution of an order is further delayed or impossible despite a written warning and a grace period of 10 working days.
• If the customer persistently violates essential contractual obligations or essential provisions of these terms and conditions despite a written warning and a grace period of 10 working days.

In the event of such a justified withdrawal from the contract, I retain the right to the entire agreed fee.

The customer is entitled to withdraw from the contract for important reasons. The withdrawal must be made in writing. Such an important reason exists in particular if the customer can no longer be expected to continue the contract because I continue to violate essential contractual provisions despite a written warning and a grace period of 10 working days to remedy the situation.

The services I have already provided up to this point as well as other costs incurred must be reimbursed in full by the customer, even in the event of a justified withdrawal.

If the customer terminates the contract without good cause, the customer is obliged to pay the agreed fee in full in addition to the services already provided and the costs incurred up to that point. Due to my project-specific planning, the lost profit cannot be realized elsewhere in the short term.

If the customer terminates the contract without good reason before the start of the project, he is obliged, based on the project-related planning, to pay me the profit that cannot be realized otherwise due to the short-term nature in the following proportions:

• Cancellation no more than 14 days before the agreed project start: 100%
• Cancellation no more than 30 days before the agreed start of the project: 75%
• Cancellation no more than 60 days before the agreed project start: 50%

The client may only offset undisputed or legally established claims.

Payment must be made in three installments: 1st installment 40% upon conclusion of the contract, 2nd installment 30% upon layout and/or concept approval, 3rd installment 30% upon project handover.

The agreed remuneration is due without deductions within 7 days of the invoice date in accordance with the applicable price list, individual offers, or special written agreements made.

I can charge interest of 6% above the applicable base interest rate of the European Central Bank per year from the due date and from the time of default. The assertion of proven higher damage remains unaffected by this, as does the client's right to prove a lower burden in individual cases.

If the client defaults on payment, I am entitled to withhold my other services without prejudice to my contractual claims. Any other rights provided for by law in the event of default remain unaffected.

Offsetting or exercising a right of retention against my claims is excluded unless the counterclaim is undisputed or legally established.

The commissioning of creative services from self-employed artists or publicists is generally subject to contributions to the Artists' Social Fund (KSK) according to their published rates. Whether the artist or publicist is insured with the KSK is irrelevant to the contribution obligation. The client must report the fees paid to the KSK.

The client is obliged to provide the required data in a timely manner and in a format suitable for the contract. This includes, in particular, content that must be entered for the websites to be created.

If I have provided the client with drafts and/or test versions, specifying a reasonable deadline for checking for accuracy and completeness, the drafts and/or test versions are deemed approved upon expiry of the deadline, unless I receive a written request for correction.

The client is obliged to use my services exclusively for the intended purpose. He must refrain from any violation of legal regulations or any misuse.

The client releases me from any liability towards third parties resulting from the client's use of my services in a way that violates the rights of third parties or legal provisions.

The client expressly guarantees that the content provided by him does not violate German law or his home law that deviates from it, in particular copyright, data protection, and competition law. I have no obligation to review the content. The client hereby releases me from all third-party claims for damages that are based on the client's inadmissible content.

The client receives a spatially and temporally unlimited right to use the Internet for all commissioned design and development work (including graphics, photos, programming, and text), unless otherwise agreed. Rights of use for print, TV, and other media must be regulated separately.

I reserve copyright and rights to content, descriptions, and suggestions in concepts, manuscripts, source code, and presentations, regardless of their form. This also applies if a fee has been estimated and paid for it. This applies in particular if fees are charged for a non-binding presentation, training, or similar. These fees compensate for the time and costs incurred and do not acquire the right to reproduce or use the content presented, etc.

All drafts, the implementation of the drafts as HTML constructs or program code, together with the granting of usage rights, form a uniform service.

The drafts, final artwork, source codes, and designs may not be changed either in the original or in reproduction without my express consent. Any imitation, even in parts, is prohibited. A violation of this provision entitles me to demand a contractual penalty amounting to twice the agreed fee. If no fee has been agreed, the usual fee according to the SDSt/AGD collective agreement for design services is deemed to have been agreed.

The use of the works I create is intended exclusively for the client or his employees. Any use by third parties, especially the resale of my works, requires my written consent.

Suggestions from the client or other cooperation have no influence on the amount of remuneration. They do not constitute co-authorship.

The passing on of all documents and source codes in whole or in part as well as their publication, reproduction, and distribution is prohibited without my consent.

All of my creative developments and design work (drafts, concepts, presentations, page design, navigation elements, source code for web design, etc.) are subject to copyright law. The provisions of the Copyright Act also apply if the level of creation required under Section 2 of the Copyright Act has not been reached.

The aforementioned usage rights are only transferred after the remuneration has been paid in full.

The scope of services is determined by the service descriptions valid at the time the contract is concluded, the agreed prices or hourly rates, and the following provisions. My employees or vicarious agents are not entitled to make agreements that deviate from the service descriptions, the agreed prices or hourly rates or these general terms and conditions or to make any other special assurances.

If I provide additional services (e.g., advice or technical support), these will be billed according to my general hourly rates. If I provide the client with the services of a third party, e.g., a transmission provider, at cost, my obligation is limited to the fiduciary exercise of the rights and obligations arising from the contractual relationship with the third party. The client is obliged to release me from all third-party claims.

In the context of long-term obligations, I reserve the right to change the subject of my services, particularly in technical terms, if this is reasonable for the client, taking my own interests into account. I reserve the right to make other changes to the contract, including the content of my services, the applicable hourly rates, and these terms and conditions, provided that I notify the client of the change one month before it takes effect. If the client does not object to the notified change within this one-month period, the change is deemed to have been approved.

I provide my services within the framework of existing technical and operational possibilities. I am not responsible for service interruptions or delays due to force majeure or other events that make my performance temporarily or permanently impossible or unreasonably difficult, unless I am responsible for them. Events in this sense are strikes and lockouts, technical disruptions at other operators of telecommunications systems, transmission paths or networks, power outages, natural disasters, acts of violence by third parties, and government interventions.

If such events lead to a permanent impossibility or a permanent significant impairment of the service, both parties are released from the obligation to further fulfill the contract. If the service is only partially impossible, the client is entitled to reduce the contractual fees according to the severity of the impairment.

I undertake to carry out the order with the greatest possible care, in particular to treat provided templates, documents, samples, etc., carefully.

If I am obliged to provide a warranty, this will be carried out through repairs to the exclusion of all other warranty claims. If the repair fails (e.g., due to culpable impossibility), the client cannot assert a claim for damages, except in the case of intent or gross negligence, but can only demand a reduction in the price or, in the event of impossibility for which I am not responsible, the cancellation of the contract.

I would like to point out that third-party software products used (CMS, shop systems, plugins, etc.) may contain undetected malfunctions or security risks for which I assume no liability.

If I provide error correction services based on an error report and it turns out that there was either no error or the error was solely caused by the client, I am entitled to invoice the client for my time spent at the applicable hourly rate.

In principle, the display of an HTML website can vary depending on the operating system used, device, resolution, browser, or settings. Through standards-compliant programming and testing with the latest browsers, we strive to ensure a correct or adapted display on most systems. Due to the large number of variations, we cannot guarantee that a website or online shop will be displayed losslessly or exactly the same on all systems, devices, and browsers.

I am only liable for damages if I, my employees, or other vicarious agents are guilty of gross negligence or intent.

To the extent that I am liable for damages, my liability is in any case limited to the damages that I foresaw as a possible consequence of the breach of contract when concluding the contract or that I could have foreseen taking into account the circumstances that were or should have been known to me. In the case of ongoing obligations, my liability is limited to the simple amount of the annual fee owed for the relevant contractual service, otherwise to the amount of my invoiced claim.

In no case am I liable for a lack of economic success, indirect damage, consequential damage, or damage from third-party claims.

My service includes the creation of websites for retrieval from a web server. I assume no liability for server-related disruptions or system failures.

If I use software systems or components from other manufacturers, I am not liable for the quality, security gaps, or errors of this third-party software. In case of doubt, troubleshooting and error correction are subject to a charge. This applies in particular to the use of free open-source software or additional modules.

I am not liable for damages resulting from the use of software that was not developed by me and refer to the warranty provisions of the respective software manufacturer.

The above limitations of liability also apply to my employees or other vicarious agents. I undertake to carefully select and instruct my employees or other vicarious agents. Furthermore, I am not liable for my employees or other vicarious agents.

I hereby inform the client that I may collect, process, use, and transmit his personal or company-related data to third parties in accordance with the applicable legal provisions, to the extent that this is necessary for the establishment and proper implementation of the contractual relationship. (privacy-policy)

Connection data is collected, processed, used, and transmitted to the extent that this is necessary for the provision of my services, their billing or verification or otherwise for the execution of the contract. The client undertakes to inform third-party users of this and, upon my request, to confirm in writing that he has fulfilled this obligation. privacy-policy

I undertake not to exploit or pass on to third parties any business and trade secrets or confidential information of the client and its customers that become known to me during my work for the client without the client's prior consent. The same applies to all documents and knowledge made available to the client.

In addition, the contracting parties agree to maintain secrecy about the content of the contract and the knowledge acquired during the execution of the contract.

The obligation of confidentiality also applies beyond the termination of the contractual relationship.

The client agrees that I may exhibit the graphics, websites, etc., created for him as references in a public gallery on my website if necessary or use them in other advertising materials as evidence of my work.

The publication of the URL of the client's website edited by me is permitted.

Unless otherwise agreed, I am entitled to place a notice on the client's website and to set a link to my website. This link will name the author/service provider 'Mohamad Masri' and refer to my website masrisystems.com.

Any violation of the right to use my work as a reference or to be named and linked in the aforementioned context entitles me to compensation. Without proof of higher damage, the compensation amounts to 100% of the agreed fee or the usual fee for design services according to the SDSt/AGD collective agreement. The right to claim higher damages upon proof remains unaffected. The right to be named does not expire when the collaboration between me and the client ends. Rather, the aforementioned right remains in effect for the entire duration of the contractually agreed use; at least until the end of the use of the subject matter of the contract in each position or in its entirety.

To the extent permitted by law, the place of jurisdiction is Oldenburg. This jurisdiction agreement only applies to commercial customers. This jurisdiction agreement applies equally to domestic and foreign customers.

Changes or additions to this agreement are only valid if agreed in writing. This also applies to any changes to this written form clause.

Should a provision of this agreement be or become invalid or should the agreement contain a gap that needs to be filled, this will not affect the validity of the remaining provisions. The invalid provision or gap must be replaced by a provision that comes closest to the economic purpose of the agreement and which the parties would have agreed if they had known that the provision was invalid.

The current hourly rate is 40.00 EUR / hour