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: January 2026

§ 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.
(3) My offers are without obligation. Unless otherwise stated, they remain valid for 14 days as of the date of creation. A contract is only concluded when the Client places the order in text form and I either confirm the order in text form or commence performance. Preparation of complex offers may, by prior agreement, be subject to remuneration.

§ 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.
(5) In case of unavoidable impediments (e.g., illness, accident) for which I am not responsible, my performance obligations shall be suspended for the duration of the impediment. Agreed deadlines shall be extended accordingly. I shall inform the Client without delay. I am not liable for resulting delays unless caused by intent or gross negligence.

§ 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 statutory base rate (Basiszinssatz) p.a. shall apply. In addition, I shall charge a reminder flat fee of €40.00, and the Client shall reimburse all incurred costs, in particular attorney and collection costs.
(3) I am entitled to request payments for self-contained project phases or reasonable instalments based on the current state of services rendered and time incurred.
(4) Set-off by the Client is only permissible if the counterclaims are legally established or undisputed by me.

§ 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 services not yet rendered. This flat rate covers, in particular, lost orders, blocked working time, and planning expenses.
(3) The flat rate shall not apply if the Client terminates for an important reason attributable to me. Both parties reserve the right to 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 based on the additional effort incurred.
(4) The Client warrants that its content is free from third-party rights and complies with the law. The Client shall indemnify me against all claims by third parties.
(5) Physical data carriers or materials shall generally not be returned unless explicitly agreed otherwise. Return shall only occur upon request by the Client and at the Client's expense.

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

§ 7 Usage Rights and Handover of Files
(1) Usage rights, open files, source code, accesses, and service objects shall only be granted or handed over after full payment.
(2) The usage rights apply only for 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 required 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 twelve months from acceptance. This does not apply in cases of fraudulent concealment of defects, assumption of a guarantee, claims for damages arising from intent or gross negligence, or in cases of injury to life, body, or health.
(2) Justified defects that already existed at the time of acceptance and are reported in text form within the period shall be rectified at my choice either 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 based on the additional effort incurred.
(4) The Client shall enable me to investigate and rectify the defect and provide necessary data upon request.
(5) Defects must be reported in text form within 7 days of discovery, provided the defect was identifiable upon proper examination.

§ 9 Liability
(1) I am fully liable in cases of intent and gross negligence.
(2) In cases of slight negligence, liability exists only for breach of essential contractual obligations (cardinal obligations) and is limited to the typical, foreseeable contract-related damage.
(3) Liability under the Product Liability Act, as well as for injury to life, body, or health, remains unaffected.
(4) Liability for indirect damages, in particular lost profits, business interruption, or data loss, is excluded, unless intent or gross negligence is present.
(5) For open-source software or third-party libraries used, I shall be liable for the careful selection and professional integration. Liability for the error-free nature of the respective source code, for license conditions of the respective rights holders, or resulting limitations is excluded, unless intent or gross negligence is present. Open-source software is otherwise provided "as is". I shall inform the Client about the components used.

§ 10 Reference and Imprint Obligations
(1) For web offerings, the Client is obliged to permanently include the following in the imprint or a comparable area:
1. A description of my services as specified by me, including my name and an active hyperlink to my website.
2. Upon request, a mention of the base software with an active hyperlink.
3. A copyright notice if the work contains copyright-protected elements created by me.
(2) These details may not be removed or altered in content without my consent.
(3) In case of culpable removal or alteration, the Client shall forfeit a contractual penalty to be determined by me at my reasonable discretion, based on the significance of the violation, the appropriateness of which may be subject to judicial review. As a guideline, an amount of up to €2,500.00 may be applied. Further damages remain reserved. The penalty does not release the Client from the obligation of immediate restoration.

§ 11 Reference Proof
I am entitled to use the work, the Client's name, and screenshots with a link as a reference, unless a differing confidentiality agreement exists in text form.

§ 12 Confidentiality and Data Protection
(1) Both parties undertake to keep all confidential information obtained in the course of the cooperation secret.
(2) This obligation does not apply to information that is publicly known or lawfully obtained from third parties. Statutory disclosure obligations remain unaffected.
(3) The confidentiality obligation continues for five years after termination of the contract.
(4) If personal data is processed on behalf of the Client, the parties shall conclude a separate data processing agreement pursuant to Art. 28 GDPR.

§ 13 Force Majeure
(1) Force majeure includes unforeseeable, unavoidable events for which no party is responsible, in particular natural disasters, pandemics, strikes, wars, governmental actions, or prolonged interruptions of power or internet supply.
(2) During the period of force majeure, the affected performance obligations are suspended. Deadlines shall be extended accordingly, including a reasonable adjustment period. The affected party shall inform the other party without delay.
(3) If the event lasts longer than six months, both parties may terminate the contract. Remuneration shall be for the services provided up to that point and for demonstrably incurred costs.

§ 14 Final Provisions
(1) Changes or additions to these GTC and contractual agreements require text form.
(2) Place of performance and the exclusive place of jurisdiction is Düsseldorf.
(3) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(4) Should any provision of these GTC be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that comes as close as possible to the economic and legal purpose of the invalid provision.