Terms and Conditions

These Terms and Conditions (T&C) apply to all contracts between TEX8 LLP (hereinafter "Provider") and customers for the creation, provision and maintenance of websites on a subscription basis.

Deviating, conflicting or supplementary General Terms and Conditions of the customer shall not become part of the contract unless the Provider expressly agrees to their validity in writing.

These T&C also apply to all future business relationships, even if they are not expressly agreed again.

The presentation of services on our website does not constitute a legally binding offer, but rather a non-binding invitation to the customer to make an offer themselves.

By selecting a package and submitting the order, the customer makes a binding offer to conclude a contract.

The contract is concluded by the Provider's written order confirmation by email. The contract comes into effect upon receipt of the order confirmation.

The Provider reserves the right to reject orders without giving reasons.

The prices stated on the website at the time of ordering apply. All prices include statutory VAT.

The monthly fee is due in advance at the beginning of each month and is paid by bank transfer, credit card or another agreed payment method.

In case of payment default, the Provider is entitled to charge default interest at 5 percentage points above the base rate.

The Provider reserves the right to adjust prices with 3 months' notice. Customers will be informed of price changes by email and may terminate the contract extraordinarily in case of increases.

After expiry of the minimum term, the contract is automatically extended by 1 month at a time, unless terminated.

Ordinary termination is possible with 1 month's notice to the end of the minimum term or to the end of the month after expiry of the minimum term.

Termination must be made in writing (by email or letter) to [email protected].

The right to extraordinary termination for good cause remains unaffected.

The customer receives a simple, non-transferable right of use for the created website during the contract term.

During the contract term, all copyrights and usage rights remain with the Provider.

In case of early termination or non-payment, the Provider is entitled to take the website offline.

After full payment of all agreed installments (especially with the 36-month package), all usage rights are fully transferred to the customer.

The customer undertakes to provide all information, texts, images and other materials required for creating the website in a timely manner.

The customer assures that the provided content does not violate third-party rights and is free from viruses or malware.

Delays due to information not provided in time are at the customer's expense and do not entitle to reduction or refusal of payments.

The Provider warrants the contractual performance of the agreed services and website availability of at least 99% per year.

Insofar as the Provider provides services free of charge, any liability is excluded unless there is intent or gross negligence.

The Provider is fully liable for damages resulting from injury to life, body or health, as well as for damages based on intent or gross negligence.

Otherwise, the Provider is only liable for breach of essential contractual obligations (cardinal obligations). Liability is limited to foreseeable, typically occurring damage.

The Provider is not liable for data loss unless this would not have occurred with proper data backup by the customer.

The Provider reserves the right to change these T&C with 6 weeks' notice if this is necessary to adapt to changed legal framework conditions or to improve services.

The customer will be informed of changes by email. If the customer does not object to the changed T&C within 6 weeks of receiving the notification of change, the changed T&C are deemed accepted.

In case of objection, the Provider is entitled to continue the contract under the old conditions or to terminate extraordinarily.

The law of England and Wales applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

Place of performance and exclusive place of jurisdiction is London, England, provided the customer is a merchant, legal entity under public law or special fund under public law.

Should individual provisions of these T&C be or become invalid, this does not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose of the invalid provision.

Changes and additions to this contract require written form. This also applies to changes to this written form clause.