General Terms and Conditions (GTC)

Important Notice
To serve international clients, I provide courtesy translations of my key legal documents. These English translations are provided for your convenience and informational purposes only. The only legally binding versions are the original German documents. In the event of any discrepancy or difference in interpretation between the English translation and the German original, the German version shall always prevail. You can access the legally binding German original here: https://heydev.de/agb.php

Patrick Heyer
Media Designer & Software Architect
Rosmarinstraße 12 E
40235 Düsseldorf
Germany

Version: December 2025

§ 1 Scope of Application
(1) These GTC apply exclusively to all current and future contracts, offers, and services with entrepreneurs (§ 14 BGB), unless otherwise agreed in text form.
(2) Deviating conditions of the Client shall only apply with explicit consent in text form.

§ 2 Scope of Services and Change Requests
(1) The scope of services is determined by the contractual agreement.
(2) Change or supplement requests after conclusion of the contract shall be implemented by me insofar as they are technically and operationally feasible.
(3) Additional services shall be remunerated on an hourly rate basis or by separate agreement. I shall inform the Client about costs and impacts on deadlines.
(4) Until agreement on remuneration and deadlines, I may suspend the affected services.

§ 3 Remuneration and Payment
(1) Invoices are due within 14 days of the invoice date without deduction.
(2) In the event of default in payment, statutory default interest of 9 percentage points above the base interest rate p.a. shall apply. In addition, I shall charge a reminder flat fee of €40.00, and the Client shall reimburse me for all incurred costs, in particular attorney and collection costs.

§ 4 Termination by the Client
(1) In the event of termination by the Client pursuant to § 648 BGB, I shall receive remuneration for the services provided up to the termination as well as reimbursement of demonstrably incurred costs.
(2) In addition, I shall receive a flat-rate compensation of 15% of the net remuneration for the services not yet provided. This flat rate covers in particular lost orders, blocked working time, and planning expenses, which are generally not demonstrable in detail.
(3) The flat rate shall not apply if the Client terminates for an important reason attributable to me. Both parties may prove a different amount of damage.

§ 5 Cooperation Obligations of the Client
(1) The Client shall provide all necessary information, data, materials, accesses, and approvals in a timely and complete manner.
(2) In the event of lack of cooperation, my obligation to perform shall be suspended. Deadlines shall be extended accordingly.
(3) Additional expenses due to breach of cooperation obligations or requested delays shall be remunerated on a time and materials basis.
(4) The Client warrants that its content is free from third-party rights and compliant with the law. It shall indemnify me against all third-party claims.
(5) Physical data carriers or materials shall generally not be returned. Return shall only occur upon explicit request by the Client and at its expense for shipping costs.

§ 6 Acceptance
Acceptance shall be declared by the Client in text form within 14 days of my request. If acceptance is not declared or defects are not justified within this period, the work shall be deemed accepted.

§ 7 Usage Rights and Handover of Files
(1) Usage rights as well as open files, source code, accesses, and service objects shall only be handed over after full payment.
(2) The usage rights apply only to the contractually agreed purpose and scope. Further use requires separate agreement in text form and remuneration.
(3) Provision shall be made digitally. Physical shipment only by agreement and at additional cost.
(4) Original or source files not necessary for the operation of the work are not part of the contract and shall only be handed over upon explicit agreement in text form.
(5) The Client is responsible for backup and archiving. I am not obliged to permanent storage.

§ 8 Defect Rectification and Warranty
(1) The warranty period is 12 months from acceptance (deviation from § 634a BGB).
(2) Justified defects existing at the time of acceptance and reported in text form within the period shall be rectified by me free of charge at my choice by repair or replacement.
(3) Defects arising after acceptance due to interventions by the Client or third parties, as well as change or extension requests, shall be remunerated on a time and materials basis.
(4) The Client shall enable me to investigate and rectify the defect and provide data upon request.

§ 9 Liability
(1) I shall be liable without limitation for intent and gross negligence.
(2) For slight negligence, only in the event of breach of an essential contractual obligation (cardinal obligation), limited to the amount of the contract sum.
(3) Product liability and personal injury remain unaffected.
(4) I shall not be liable for indirect damages, in particular lost profits, business interruption, or data loss, unless intent or gross negligence is present.

§ 10 Reference and Imprint Obligations
(1) For web offerings, the Client is obliged to permanently include the following information in the imprint or comparable area:
1. A description of my services specified by me with my name and an active hyperlink to my website.
2. Upon request, mention of the base software with an active hyperlink.
3. A copyright notice if the work contains media, designs, concepts, software, or other copyright-protected elements created by me.
(2) These details and links may not be deleted or altered.
(3) In the event of unlawful deletion or alteration, the Client shall forfeit a contractual penalty of €500.00 per violation to cover the resulting damage to reputation and reference value. Further damages remain reserved. The penalty does not release from the obligation to immediate restoration.

§ 11 Reference Proof
I may publish the work, the Client's name, and screenshots with a link as a reference in my media, unless confidentiality has been agreed in text form.

§ 12 Confidentiality and Data Protection
(1) The Client and I undertake to treat all confidential information, business and trade secrets of the other party that become known before or in the course of the cooperation as confidential.
(2) The confidentiality obligation does not apply to information that was already publicly known or lawfully made available to the party by third parties. Statutory disclosure obligations remain unaffected.
(3) The confidentiality obligation continues for a period of five years after termination of the contractual relationship.
(4) If personal data is processed on behalf of the Client in the course of providing the services, a separate data processing agreement (DPA) pursuant to Art. 28 GDPR shall be concluded.

§ 13 Final Provisions
(1) Changes or additions to these GTC as well as contracts concluded with the Client require text form.
(2) Place of performance is Düsseldorf. Place of jurisdiction is, insofar as permissible, Düsseldorf.
(3) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(4) Invalid provisions shall be replaced by valid ones that come closest to the economic purpose.