Terms and conditions
This is a translation for convenience. The German version of this document is the legally binding one; in case of discrepancies, the German text prevails.
§ 1 Scope
These terms and conditions apply to all contracts between NuhByte Agency SPC (the “provider”) and entrepreneurs within the meaning of § 14 of the German Civil Code (the “customer”) regarding the creation, maintenance and support of websites and digital services. These terms are addressed exclusively to businesses; contracts with consumers are not covered.
§ 2 Conclusion of contract
Offers made by the provider are non-binding. A contract is concluded by [written order confirmation / signature of an offer].
§ 3 Scope of services
The specific scope of services (e.g. website creation, maintenance, hosting arrangement) follows from the respective offer or service description. [Placeholder: list standard services.]
§ 4 Customer's duties to cooperate
The customer shall provide the information, texts, images and access credentials required for performance in good time. Delays caused by a lack of cooperation are not attributable to the provider.
§ 5 Remuneration and payment terms
[Placeholder: add prices, payment terms, instalments/deposit, default provisions.]
§ 6 Rights of use and copyright
Upon full payment, the customer receives the contractually agreed rights of use to the content created. Until payment is made in full, all rights remain with the provider. The provider's own templates, frameworks and base code remain its property in all cases.
§ 7 Warranty
The statutory warranty rights apply unless otherwise agreed below. [Placeholder: add acceptance procedure and rectification periods if applicable.]
§ 8 Liability
The provider is liable without limitation for intent and gross negligence as well as for damage resulting from injury to life, body or health. In the event of slightly negligent breach of material contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded.
§ 9 Term and termination
[Placeholder: for maintenance/support contracts, add term, notice periods and renewal provisions.]
§ 10 Applicable law and place of jurisdiction
The following applies: [Placeholder: Omani law OR German law excluding the UN Convention on Contracts for the International Sale of Goods (CISG) – this choice of law must be confirmed with a law firm experienced in cross-border contract law].
The place of jurisdiction is, to the extent legally permissible, the Sultanate of Oman.
§ 11 Final provisions
Should any provision of these terms be invalid, the validity of the remaining provisions shall remain unaffected. Amendments and additions must be made in text form.
Version: [date] – draft