Terms of Service

1. Scope

These Terms apply to all contracts concluded between webSENZ and the customer concerning website creation, hosting, and related services. They apply to both businesses (entrepreneurs within the meaning of § 14 BGB) and consumers (§ 13 BGB).

A consumer within the meaning of these Terms is any natural person who concludes a transaction for purposes that are predominantly outside their trade, business, or profession.

2. Service Description

webSENZ provides custom-built websites and related digital services, including:

• Design and development of a one-of-a-kind website tailored to the customer's requirements.
• Web hosting, domain registration, SSL certificates, and email setup as part of the monthly subscription.
• Ongoing maintenance, security updates, and content changes via the agreed communication channel.
• Personal project support and a dedicated point of contact for revisions and questions.

3. Contract Formation

The presentation of our services on the website does not constitute a legally binding offer, but an invitation to submit a request (invitatio ad offerendum).

A contract is formed when the customer submits a project inquiry via our contact form, AI assistant, or email, and webSENZ confirms the inquiry in writing (by email or chat). The order confirmation includes the agreed services, price, and estimated delivery date.

webSENZ reserves the right to decline any inquiry without stating reasons.

4. Ordering & Onboarding

Onboarding begins with a conversation — via the AI assistant or a team member — to capture the customer's requirements in detail.

Timeline

Typical delivery is 7 calendar days from confirmed brief, unless otherwise agreed in writing.

Revisions

One round of revisions is included. Additional revisions are agreed separately and may incur additional costs.

Customer cooperation

The customer is obliged to provide required content, images, and feedback in a timely manner. Delays caused by the customer will extend the delivery timeline accordingly.

5. Pricing & Payment

All prices are quoted in euros (€). Prices shown to consumers are final prices including VAT. Prices shown to businesses are exclusive of statutory VAT.

Monthly subscription

Starting at €49/month for standard websites, depending on scope. Custom quotes are provided on request.

Billing cycle

Billing occurs monthly in advance. The first month is due upon project confirmation.

Payment method

Payment is made by SEPA bank transfer. Invoices are sent monthly by email and are due within 14 days of the invoice date.

Late payment

In the event of late payment, § 288 BGB applies: 9 percentage points above the base interest rate for business customers, 5 percentage points for consumers. webSENZ reserves the right to temporarily suspend the website after 14 days of outstanding payment.

6. Cancellation

The contract runs indefinitely and may be terminated by either party with 30 days' notice to the end of a calendar month, in text form (email or chat).

By the customer

The customer may cancel at any time in text form. The subscription remains active until the end of the current billing period.

By webSENZ

webSENZ may terminate the contract for good cause with immediate effect, in particular in cases of persistent non-payment or breach of these Terms.

After cancellation

webSENZ will provide the customer with the source code, all content, and domain access credentials within 14 days of contract termination. Access to hosting and the project dashboard will be terminated.

7. Consumer Right of Withdrawal

If the customer is a consumer, they have a statutory right of withdrawal.

Withdrawal notice: The consumer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of contract conclusion.

To exercise the right of withdrawal, the consumer must inform webSENZ ([email protected]) of the decision to withdraw by means of a clear statement (e.g. by email).

Expiry of the right of withdrawal: The right of withdrawal expires early if webSENZ has begun performing the service and the consumer has expressly agreed that webSENZ may begin performance before the end of the withdrawal period, and has confirmed their knowledge that the right of withdrawal is extinguished upon full performance of the contract by webSENZ.

Consequences of withdrawal: If the consumer withdraws before performance has begun, all payments received will be refunded promptly, no later than within 14 days. If the consumer has requested that services begin before the end of the withdrawal period, the consumer shall pay a proportionate amount corresponding to the services rendered up to the point of withdrawal.

8. Intellectual Property

Customer content

The customer retains full ownership of all content, texts, images, and materials they provide. Nothing created by webSENZ affects ownership of the customer's underlying content.

Website code

Upon full payment of all amounts due, the customer receives a copy of the website source code and all associated files. The customer may host these elsewhere after contract termination.

webSENZ tools

webSENZ's proprietary tools, frameworks, the AI onboarding assistant, and internal processes remain the sole intellectual property of webSENZ.

9. Liability

Warranty

webSENZ strives for the highest quality but cannot guarantee that the website will be completely error-free or uninterruptedly available at all times. Defects that arise will be remedied promptly.

Limitation of liability

webSENZ's liability for simple negligence is excluded, unless it concerns the breach of essential contractual obligations (cardinal obligations), injury to life, body or health, or claims under the German Product Liability Act. Where essential contractual obligations are breached through simple negligence, liability is limited to the typical, foreseeable damage. These limitations do not apply in cases of intent or gross negligence, nor to claims by consumers.

Third-party services

webSENZ is not liable for disruptions caused by third-party providers such as domain registrars, email providers, or hosting infrastructure.

10. Acceptable Use

The customer agrees not to use the website for unlawful purposes. webSENZ reserves the right to refuse or remove content that:

• Violates applicable laws or regulations.
• Infringes on the rights of third parties (in particular copyrights or personality rights).
• Contains hate speech, harassment, or discriminatory material.
• Promotes or glorifies violence or illegal activities.

11. Force Majeure

webSENZ is not liable for delays or temporary inability to perform that are caused by circumstances beyond webSENZ's control. These include in particular: natural disasters, power outages, internet infrastructure failures, pandemics, or government actions.

12. Severability

Should any provision of these Terms be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision. The same applies to any gaps in these Terms.

13. Governing Law & Jurisdiction

These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of their country of habitual residence.

Where the customer is a merchant, legal entity under public law, or public-law special fund, the exclusive place of jurisdiction for all disputes arising from this contract is Schwäbisch Gmünd, Germany.

14. Changes to These Terms

webSENZ reserves the right to amend these Terms with 30 days' notice. Amended terms will be communicated to the customer by email. If the customer does not object within 14 days of receiving the notification, the amended Terms shall be deemed accepted. The notification will expressly draw attention to the significance of the deadline and the option to object.