Terms and conditions

For contracts with businesses (B2B) about websites, redesigns, hosting and care.

Lëtz Develop by Roland Theisen
Owner: Roland Theisen
Im Brunnenfeld 8A, 66706 Perl, Germany
Email: hello@letzdevelop.lu · Phone: +49 174 42 81 529

Last updated: 2026-10-02. These terms also exist in German, French and Luxembourgish. If the versions differ, the German version applies.

§ 1 Scope

(1) These terms and conditions ("terms") apply to all contracts between Lëtz Develop by Roland Theisen, owner Roland Theisen ("I"), and my clients ("the client") about the design and build of websites, redesigns, hosting, care and related services.

(2) I only enter into contracts with businesses within the meaning of § 14 of the German Civil Code (BGB): natural or legal persons or partnerships with legal capacity who act in the course of their trade, business or profession when concluding the contract. I do not enter into contracts with consumers.

(3) These terms apply exclusively. Different, conflicting or additional terms of the client only become part of the contract if I expressly agree to them in text form (e.g. by email), even if I perform knowing of such terms.

(4) Individual agreements, in particular in the offer, take precedence over these terms.

§ 2 Free first design and conclusion of contract

(1) On request, I design a first draft of the homepage free of charge before any contract. This creates no payment or other obligations for the client. If no contract follows, all rights to the draft remain with me; the client may neither use it nor have it built by others.

(2) My offers are non-binding unless expressly marked as binding. Fixed-price offers are binding for the period stated in them, or 30 days if none is stated.

(3) The contract is concluded when the client accepts my offer in text form (an email is enough), when a contract document is signed, or when I start work with the client's consent.

(4) Changes and additions to the contract must be made in text form.

§ 3 Services

(1) Depending on the agreement, I provide in particular: design and build of a website (new or redesign), including help with texts and images; hosting in data centres in the EU with SSL certificate, daily backups and security updates; care and support; small changes and further services as offered.

(2) The exact scope follows from the offer. Changes to the scope after the contract is concluded are agreed separately; I only charge for additional work after agreeing it with the client beforehand.

(3) I provide support and fixes on a best-effort basis. I only owe a specific availability or response time if it has been expressly agreed in text form. The website may be briefly unavailable during maintenance; I schedule it outside usual business hours where possible.

(4) I may use service providers and subcontractors, in particular data centre operators.

§ 4 Acceptance

(1) Building and redesigning a website are works under a contract for work (Werkvertrag). Once finished, I make the website available to the client for review. The client reviews it within 14 days and either declares acceptance or tells me about material defects in text form.

(2) The website counts as accepted if the client has it published or does not report material defects within that period. I point out this consequence when making the website available. Minor defects do not entitle the client to refuse acceptance; I fix them under the warranty rules.

§ 5 Prices and payment

(1) The prices stated in the offer apply, in euros. As a small business under § 19 of the German VAT Act (UStG), I do not charge VAT; the prices are final prices. If the small-business scheme no longer applies, I will announce this at least six weeks in advance; from then on, statutory VAT is added.

(2) Unless the offer says otherwise, the one-off fee for the build ("Buy it") is due on acceptance; monthly fees (hosting and care, "Subscribe") are due monthly in advance. Invoices are payable within 14 days without deduction by bank transfer.

(3) In case of late payment, the statutory rules apply, in particular default interest of nine percentage points above the base rate and a flat fee of 40 euros (§ 288 (2) and (5) BGB). If the client is more than 30 days late, I may restrict hosting services until payment after giving 14 days' notice.

(4) The client may only set off claims that are undisputed or confirmed by a court. The client only has a right of retention if the counterclaim arises from the same contract.

(5) My first 5 clients receive a founding price. In return, they allow me to show their website as a reference with name, screenshots and link, and give me an honest review. This permission can be withdrawn at any time for the future; the founding price is not affected.

§ 6 Term, small changes and termination

(1) "Buy it": the hosting and care contract runs for an indefinite period. Either side may terminate it with one month's notice to the end of a month.

(2) "Subscribe": the minimum term is 24 months from the website going live. After that, the contract continues for an indefinite period and can be terminated with one month's notice to the end of a month. The client may also end the contract before the minimum term is over; they then pay the monthly fees remaining until the end of the minimum term, with no further charges.

(3) "Subscribe" includes small changes of up to 30 minutes per month; unused minutes expire at the end of the month. I make larger changes against separate payment, agreed in advance. After the minimum term, the client receives a free design refresh of the existing pages; new pages or features are not included.

(4) The right to terminate without notice for good cause remains unaffected. For me, good cause exists in particular if the client is two monthly fees in arrears.

(5) Termination must be in text form; an email is enough.

§ 7 Handing over the website

(1) "Buy it": after full payment, I hand over the client's website (files, content and database, if any) in a common format at any time on request, or transfer it to a provider of their choice, free of charge.

(2) "Subscribe": after the minimum term, or after early termination and payment of the remaining monthly fees, paragraph 1 applies accordingly.

(3) After the contract ends, I keep the website and data available for handover for 30 days and then delete them, unless statutory retention obligations apply. Further help with moving, such as setting the website up at the new provider, is agreed separately.

§ 8 Rights of use

(1) "Buy it": on full payment, the client receives the exclusive right, unlimited in time and place, to use the website built for them, to change it and to have it changed by others.

(2) "Subscribe": during the term, the client receives a simple right to use the website for running it. At the end of the minimum term, or on payment of the remaining monthly fees after early termination, they receive the rights under paragraph 1.

(3) Third-party components such as fonts, open-source software and stock images are excluded; their licence terms apply. For general tools, templates and code building blocks that I also use for other projects, the client receives a simple, unlimited right to use them for their website.

(4) I may name and show the website as a reference unless the client objects in text form. I may place a discreet credit with a link to my website in the website's footer; it is removed at the client's request.

§ 9 Client's cooperation

(1) The client provides content such as texts, images, logo and business details in time and in full, and gives feedback on drafts promptly.

(2) The client warrants that they hold the necessary rights to all content they provide, and indemnifies me against third-party claims based on that content. The client is responsible for the content of their website, including mandatory legal information such as the legal notice and privacy policy; I implement it technically but do not give legal advice.

(3) Delays caused by missing cooperation extend agreed deadlines accordingly. The client pays for any resulting additional work after it has been agreed.

(4) If I register a domain for the client, I do so in the client's name; the client is the domain holder.

§ 10 Backups

As part of hosting and care, I back up the website daily. The client keeps their own copies of the content they provide (such as texts and images).

§ 11 Defects

(1) The statutory warranty rights apply with the following provisions: for defects in works, I remedy them at my choice by repair or by making them anew.

(2) Claims for defects become time-barred one year after acceptance. This does not apply to intent, fraudulent concealment, injury to life, body or health, or the cases in § 12 paragraph 1.

(3) Not defects: display differences in outdated browsers or devices, errors caused by changes made by the client or third parties, and outages of external services beyond my control.

§ 12 Liability

(1) I am liable without limitation for intent and gross negligence, under the German Product Liability Act, and for injury to life, body or health.

(2) For slightly negligent breaches of essential contractual obligations, whose fulfilment makes proper performance of the contract possible in the first place and on whose fulfilment the client may regularly rely, my liability is limited to the damage foreseeable and typical for the contract at the time it was concluded, and at most to the fees the client paid me in the last twelve months.

(3) Otherwise, liability for slight negligence is excluded, in particular for indirect damage, lost profit and consequential damage.

(4) For loss of data, I am only liable to the extent that the damage would also have occurred with the backups described in § 10.

(5) These limitations also apply in favour of my vicarious agents and to claims for culpa in contrahendo and in tort.

§ 13 Data protection and data processing

(1) How I process personal data is explained in my privacy policy.

(2) Where I process personal data on the client's behalf as part of hosting and care, for example from contact forms on their website, we conclude a data processing agreement under Art. 28 GDPR before processing starts.

§ 14 Confidentiality

Both sides treat all confidential information of the other side received under the contract as confidential and use it only to perform the contract, unless there is a legal obligation to disclose it.

§ 15 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of performance is my place of business in Perl. To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising from the contract is also my place of business; I may also sue the client at their general place of jurisdiction.

(3) These terms exist in several languages. If the versions differ, the German version applies.

(4) I notify the client of changes to these terms in text form at least six weeks before they take effect. If the client does not object within this period, the changes count as accepted; I point out this consequence in the notification. If the client objects, the previous terms continue to apply to them.

(5) If individual provisions are or become invalid, the validity of the remaining provisions is not affected.