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legal / terms

Terms and Conditions

General terms and conditions of CubaConnect Digital UG (haftungsbeschränkt) for services to businesses and private clients. Version: [DD Month YYYY].

1. Scope

1. These terms apply to all contracts between CubaConnect Digital UG (haftungsbeschränkt), [Street and number], [Postcode] Wiesbaden (“we”), and our clients (“you”) for websites, apps, software, automation, design, content, marketing, architectural planning and 3D visualisation services.
2. We work with businesses within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law, and with consumers within the meaning of § 13 BGB. For consumers, section 17 applies in addition.
3. Your own terms and conditions do not apply, even if we do not expressly object to them, unless we agree to them in writing.

2. Contract

1. Our descriptions and prices on the website are not binding offers. A contract is formed when you accept our written proposal (for example by signing it or confirming it by email), or when we confirm your order in writing.
2. The proposal defines the scope of work, price, schedule and number of revision rounds. If the proposal and these terms differ, the proposal prevails.

3. Services

1. We provide the services described in the proposal with the care of a prudent business. Unless agreed otherwise, we decide how the work is carried out and may involve qualified subcontractors. We remain responsible for their work.
2. Architectural planning services of cc_spaces cover the design and drawings agreed in the proposal, up to the handover to your structural engineer. Structural engineering is not included. Building permit applications must be signed by a person entitled to submit building documents in the respective federal state; the proposal states whether this is included and who signs. Visualisations and 3D renders are illustrative.
3. Unless agreed otherwise, the price includes two rounds of revisions per deliverable. Further revisions are charged at our hourly rate of [€ 55] net.

4. Your cooperation

1. You provide the content, information, access data and decisions we need in good time and in usable form, and you name a contact person who can make decisions.
2. If you do not cooperate in time, agreed deadlines are extended accordingly, and we may charge additional costs caused by the delay.

5. Changes

Changes or additions to the agreed scope require a written change request. We will tell you how the change affects price and schedule before carrying it out.

6. Deadlines

Delivery dates are binding only if we have expressly confirmed them as binding in writing. Delays caused by force majeure, by missing cooperation on your side or by third parties outside our control extend deadlines by a reasonable period.

7. Acceptance

1. Where the work is a contract for work (Werkvertrag), you test the result within 10 working days of delivery and either accept it or report significant defects in writing.
2. The work counts as accepted if you do not report significant defects within this period, or if you start using it productively, for example by publishing the website.

8. Prices and payment

1. All prices are net, plus statutory VAT where applicable. For clients in other EU countries with a valid VAT ID, the reverse-charge procedure applies.
2. Unless agreed otherwise, we invoice 50% of the project price when the contract is signed and 50% on delivery. Monthly services are invoiced monthly in advance.
3. Invoices are due within 14 days without deduction. If you are in default, we may charge statutory default interest and, after a written reminder, pause further work until payment is received.
4. Costs for third-party services you need, such as domains, hosting, licences, stock images, paid plugins or advertising budgets, are not included unless stated in the proposal. We pass them on at cost or you contract them directly.

9. Rights of use

1. Once the agreed price has been paid in full, you receive the exclusive, unlimited right in time and place to use the work created specifically for you for your business purposes, including the right to edit it.
2. Standard components, tools, code libraries and know-how we developed independently of your project remain ours. You receive a non-exclusive, permanent right to use them as part of the delivered work.
3. Open-source software and third-party materials (fonts, images, plugins) are subject to their own licence terms, which we will name on request.
4. Until full payment, we grant you only a revocable right to test the work.

10. Your content

You are responsible for the content you provide, such as texts, images, logos and data, and you confirm that you hold the necessary rights. You indemnify us against third-party claims arising from the use of your content in accordance with the contract. You are responsible for the legal compliance of your own website content, such as your imprint, privacy policy and product information, unless we expressly took on the drafting of these texts.

11. Warranty

1. We remedy defects in our work by repair or replacement, at our choice. If this fails twice, you may reduce the price or withdraw from the contract under the statutory conditions.
2. Warranty claims expire 12 months after acceptance or delivery. This does not apply to claims for damages under section 12 or to fraudulently concealed defects.
3. Problems caused by changes made by you or third parties, by updates of third-party software or by your hosting environment are not defects of our work.

12. Liability

1. We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent we have given a guarantee.
2. For slight negligence, we are only liable for breach of an essential contractual obligation, meaning an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. In this case our liability is limited to the damage typical for this type of contract and foreseeable when the contract was concluded, and to a maximum of [the contract value / € X] per case.
3. We are not liable for loss of data to the extent the damage would have been avoided by regular, appropriate data backups on your side.

13. Monthly services

Monthly services such as the Care plan, social content or marketing run for the minimum term stated in the proposal and then renew monthly. Either party can cancel with 30 days' notice to the end of a month, in text form (for example by email). The right to terminate for good cause remains unaffected.

14. Confidentiality and data protection

1. Both parties keep confidential all business information of the other party that they learn during the cooperation, also after the contract ends.
2. Where we process personal data on your behalf, we conclude a data processing agreement under Art. 28 GDPR.

15. References

We may name you as a client and show the delivered work in our portfolio and marketing, unless you object in writing. Confidential content is never shown.

16. Final provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The exclusive place of jurisdiction for all disputes is Wiesbaden, provided you are a merchant, a legal entity under public law or have no general place of jurisdiction in Germany.
3. Amendments and side agreements must be in text form.
4. If any provision is invalid, the validity of the remaining provisions is not affected.

17. Private clients (consumers)

1. If you are a consumer within the meaning of § 13 BGB, these terms apply with the following deviations. Mandatory consumer protection law always takes precedence.
2. You have a statutory right of withdrawal; details and the model withdrawal form are in our right of withdrawal information. If you want us to start work before the withdrawal period ends, you must request this expressly; if you then withdraw, you pay a reasonable amount for the services provided until then.
3. All prices in our proposals to consumers include statutory VAT.
4. Section 7.2 (deemed acceptance), the second sentence of section 10 (indemnity), section 11.2 (limitation period) and the maximum amount in section 12.2 do not apply; the statutory rules on acceptance, warranty, limitation and liability apply instead.
5. Section 15 (references) applies to consumers only with your prior consent.
6. Section 16.2 (place of jurisdiction) does not apply to consumers. The choice of law in section 16.1 does not deprive consumers habitually resident in another EU country of the protection of the mandatory provisions of the law of that country.