1. introduction

As a freelance specialist, I offer comprehensive solutions in the areas of WordPress development, search engine optimization (SEO) and cloud migration as (hereinafter referred to as "Service Provider"). These General Terms and Conditions (GTCs) serve as the basis for a successful and transparent collaboration between you, the client, and me, the service provider.

The aim of these GTCs is to define the legal framework under which I offer and provide my services. They set out the rights and obligations of both parties and ensure clarity and understanding in our business relationship.

The GTCs apply to all contracts, projects and services agreed between the client and the service provider. By using my services, you acknowledge and agree to these terms and conditions. Please read these T&Cs carefully before deciding to use my services. If you have any questions or concerns regarding these terms and conditions, please do not hesitate to contact me.

2. definitions

In order to ensure clarity and common understanding of our Terms and Conditions, it is important to define certain key terms that are used in the context of our collaboration. The term "service provider" refers to, which is a freelance expert in WordPress development, search engine optimization (SEO) and cloud migration. When we refer to "client", we mean any natural or legal person who concludes a contract with the service provider for the provision of services.

By "services" we mean all activities carried out by the service provider under the contract, including, but not limited to, the development and design of WordPress websites, the implementation of SEO measures to improve the visibility and ranking of websites in search engines as well as consulting and implementation of cloud migration projects.

"Contract" means any agreement between the Service Provider and the Client that regulates the provision of services in return for payment. This may take the form of a written contract, an email confirmation or any other electronic or paper-based means of communication that includes agreement to the terms of the collaboration.

Confidential Information" means all data, information and materials that are exchanged between the parties in any form, whether orally, in writing, electronically or otherwise, and that are not publicly known. This may relate to business, technical, financial or other aspects of the parties and must be treated with appropriate care and confidentiality by both parties.

The term "third party provider" refers to any external company or individual that is not directly part of the agreement between the service provider and the client, but may be used to provide certain services or deliver products related to the services provided by the service provider.

3. scope of application

These Terms and Conditions (T&Cs) apply to all services provided by (hereinafter "the Company") via the website or by any other means, including email, telephone or in person. The services include, but are not limited to, WordPress development, search engine optimization (SEO) and cloud migration services provided to customers (hereinafter "Customer" or "You").

By accessing the Website or using the Services, you expressly agree to be bound by these T&Cs. These T&Cs apply to all users of the Website and the Services, including, without limitation, visitors, customers and persons who contribute to the Website.

Use of certain services or portions of the Site may be subject to additional terms and conditions, which will be posted at the time you use such services or access such portions of the Site. By using such services or accessing such parts of the Website, you agree to be bound by such additional terms and conditions.

The company reserves the right to amend or supplement these GTC at any time. Changes will become effective as soon as they are posted on the Website. Your continued use of the Website or the Services following such changes constitutes your acceptance of the new terms. It is your responsibility to review these T&Cs regularly and to inform yourself of any changes.

4th object

The subject matter of this contract comprises the provision of specialized services by the service provider to the client. These services aim to optimize the Client's digital presence, efficiency and performance through tailor-made solutions in the areas of WordPress development, search engine optimization (SEO) and cloud migration. The service provider undertakes to use its expertise and experience to carry out projects in accordance with the client's specific requirements and objectives.

4.1 Description of the services

The services offered by the Service Provider include, but are not limited to, the areas specified below. Each service is provided with the aim of improving the online presence, security, performance and user-friendliness of the Client's digital assets.

4.1.1 WordPress development

The Service Provider offers comprehensive WordPress development services that include the planning, development and implementation of WordPress websites. These services include, but are not limited to, the customization of themes and plugins, the development of custom code to extend the functionality of websites, and the implementation of security measures to ensure the security and stability of the website.

4.1.2 Search engine optimization (SEO)

The service provider carries out a range of SEO measures to improve the visibility and ranking of the client's website in search engine results. This includes keyword research and strategy, on-page optimization (such as meta tags, content quality and user experience) and off-page optimization (such as link building and social media strategies).

4.1.3 Cloud migration

The service provider supports the client in the migration of existing digital infrastructures and services to the cloud. This includes evaluating the existing IT landscape, planning and implementing the migration and optimizing and managing the cloud environment. The aim is to improve the scalability, performance and cost efficiency of the client's IT resources.

4.1.4 Cloud migration

The service provider supports the client in the migration of existing digital infrastructures and services to the cloud. This includes evaluating the existing IT landscape, planning and implementing the migration and optimizing and managing the cloud environment. The aim is to improve the scalability, performance and cost efficiency of the client's IT resources.

4.2 Specification of the service areas

  1. WordPress development: Tailor-made website creation, theme and plugin customization, performance optimization, security audits and improvements.
  2. Search engine optimization (SEO): Conducting technical SEO audits, on-page and off-page SEO strategies, content optimization, link building campaigns, continuous monitoring and adjustment of SEO strategy based on performance data.
  3. Cloud migration: Advice on selecting the right cloud platform, planning the migration strategy, carrying out the migration, post-migration support and optimizing cloud services.

These services are provided in close consultation with the client to ensure that the results achieved meet the client's requirements and expectations. The exact scope of services, including specific objectives and delivery dates, will be set out in separate project agreements or work orders which form part of this contract.

5. conclusion of contract

5.1 Contract conclusion procedure

The conclusion of the contract between the service provider and the client takes place in several steps, which are intended to ensure that both parties are fully informed about the conditions of the cooperation and agree to them.

  1. Inquiry and quotation: The process begins with an inquiry from the client, to which the service provider responds with a detailed quotation. This offer includes the scope of the services to be provided, the estimated costs and the expected time frame for the implementation of the project.
  2. Review and negotiation: The client reviews the offer and can initiate negotiations on certain terms and conditions if necessary. This phase serves to ensure that the expectations and requirements of both sides are clearly defined and agreed.
  3. Acceptance of the offer: The offer may be accepted by the client in writing, by e-mail or by another agreed form of communication. By accepting the offer, the Client agrees to the terms and conditions of the offer and the Service Provider's GTCs.
  4. Contract documentation: After acceptance of the offer, the service provider prepares contract documentation that summarizes the specific terms of the project, including the scope of services, prices, payment terms and any special agreements.
  5. Signature: The contract is signed by both parties, which makes it legally binding. Electronic signatures or written confirmation by e-mail may be accepted, provided this has been agreed in advance between the parties.

5.2 Confirmation and rights of withdrawal

  • Confirmation: After signing the contract, the client receives a confirmation of the conclusion of the contract from the service provider. This confirmation serves as proof of the agreement and the conditions stipulated therein.
  • Rights of withdrawal: The client has the right to withdraw from the contract within an agreed period without giving reasons. The conditions and deadlines for such a withdrawal are set out in the GTCs and may vary depending on the type and scope of the service. As a rule, a period of 14 days from the conclusion of the contract is granted. A written declaration of withdrawal must be sent to the service provider. Any services already provided or costs incurred must be borne by the client, depending on the agreement.

6 Scope and provision of services

6.1 Detailed description of the services

6.1.2 WordPress development

The service provider offers comprehensive WordPress development services that include the creation and customization of websites, blogs and e-commerce platforms. This includes:

  • Design and theme creation: development of custom themes tailored to the client's brand identity and needs.
  • Plugin development and integration: Implementation of standard and customized plugins to extend the functionality of the website.
  • Content management: Setup and configuration of the WordPress backend for easy content management by the customer.
  • Performance optimization: Measures to accelerate loading speed and improve website performance.
  • Security measures: Implementation of security protocols to protect the website from malware and hacking.

6.1.3 SEO measures

The service provider carries out search engine optimization to improve the visibility of the website in search results. This includes:

  • Keyword research: Identification of relevant keywords and phrases that potential customers use to find services or products.
  • On-page SEO: Optimization of website content, meta tags, headings and images to improve relevance and readability for search engines.
  • Off-page SEO: Building backlinks and improving domain authority through external sources.
  • Technical SEO: Improving technical aspects of the website, such as the page structure and loading times, to increase crawlability for search engines.

6.1.4 Cloud migration process

The service provider supports the migration of applications, data and infrastructures to the cloud. This includes:

  • Migration planning: Assessment of the existing IT environment and development of a customized migration plan.
  • Cloud selection: Advice on selecting the appropriate cloud provider and cloud service model (IaaS, PaaS, SaaS) based on the customer's requirements.
  • Data and application migration: Secure transfer of data and applications to the cloud environment.
  • Optimization and scaling: Adaptation of cloud resources for optimal performance and costs.

6.1.5 Adjustments and change requests

The service provider is open to adjustments and changes to the scope of services during the project. This includes

  • Adjustment requests: Customers can request adjustments to the services, which will be implemented after consultation and, if necessary, at additional cost.
  • Change management: The service provider establishes a change management process to systematically record, evaluate and implement change requests so that projects can be flexibly adapted to new requirements.

The service provider undertakes to provide all services professionally, on time and in accordance with the agreed specifications. The aim is to sustainably improve the customer's digital presence and business processes through high-quality services and close cooperation with the customer.

7 Obligations of the client

In order to ensure the efficient and successful implementation of the agreed services, the active participation and support of the client is required. The following obligations of the client are decisive for the implementation and success of the project:

7.1 Provision of necessary information and materials

  • Project-specific information: The client undertakes to provide all relevant information about the project in a timely manner. This includes objectives, target groups, desired functions, preferences in terms of design and technology as well as any specific requirements or restrictions that could affect the project.
  • Access data: For services that require access to the client's existing systems, websites or cloud infrastructures, the client must provide the service provider with the necessary access data in a secure and timely manner.
  • Content and materials: The client is responsible for supplying all necessary content (text, images, videos, etc.) required to create or update the website, carry out SEO measures or integrate it into the cloud infrastructure. These materials must be in a suitable format and of good quality to enable their use in the project.

7.2 Obligations to cooperate

  • Feedback and approvals: The Client undertakes to review drafts, prototypes and other interim results submitted by the Service Provider in a timely manner and to provide feedback or approvals. Delays in providing feedback can lead to delays in the course of the project.
  • Communication: Clear and regular communication between the client and the service provider is essential for the success of the project. The client should appoint a fixed contact person who is available for queries and can make decisions.
  • Change management: Should changes to the original requirements or scope arise in the course of the project, the client is obliged to communicate these changes clearly. The service provider will assess the impact of such changes on the schedule, costs and resources and coordinate them with the client.

8 Prices and terms of payment

8.1 Price structure

The pricing structure for the services offered by the service provider is based on the specific requirements and scope of the projects. Pricing can be set as a fixed price for a specific project, on an hourly basis for ongoing work or as a monthly retainer model for ongoing services. The specific pricing structure for each project will be detailed in the proposal and contract documentation, including any additional costs, such as third-party licenses, special software tools or external services required to complete the project.

8.2 Payment deadlines

Payments must be made in accordance with the deadlines specified in the contract. As a rule, a down payment is due at the start of the project, followed by interim payments linked to specific milestones and a final payment at the end of the project. For ongoing services or retainer models, payments are due monthly in advance. The exact payment terms and conditions are specified in the contract.

8.3 Default provisions

In the event of late payment by the client, the service provider reserves the right to charge interest on arrears. The amount of default interest shall be calculated on the basis of the maximum rates permitted by law and specified in the contract. In the event of late payment, the service provider shall send the client a written reminder and set a reasonable deadline for payment of the outstanding amounts. If payment remains outstanding after this deadline, the service provider may take further legal action and/or suspend the provision of services until the outstanding amounts have been paid in full. In addition, the Client may be charged for all costs incurred in connection with the delay in payment, such as reminder fees and costs for legal advice.

9. property rights and rights of use

9.1 Copyright provisions

All works created within the scope of the contractual relationship, including, but not limited to, website designs, code, texts, graphics and other materials, are subject to copyright and other intellectual property rights. Unless otherwise agreed, these rights are held by the Service Provider or the relevant licensors. The creation of these works does not constitute a transfer of ownership to the Client unless expressly stated in a written agreement.

9.2 Transfer of rights of use

The client is granted specific, non-exclusive rights of use for the works created under the contract. These rights of use allow the client to use the works for the agreed purpose, e.g. to use the website on the Internet or to use the content created for marketing purposes. The exact conditions under which these rights of use are granted, including the duration of the rights and any restrictions, are set out in detail in the contract. Passing on or sublicensing these rights to third parties is not permitted without the prior written consent of the service provider.

9.3 Restrictions on use

The use of the works created under the contract by the client is subject to certain restrictions. These include, but are not limited to, the prohibition of modifying, editing or altering the works without the express consent of the service provider. The use of the works in a context that could be considered harmful to the reputation of the service provider or its licensors is also prohibited. Any use that goes beyond the purpose defined in the contract requires the prior written consent of the service provider.

Compliance with these rights of ownership and use ensures the recognition and protection of intellectual property created in the course of the provision of services. It ensures that the rights and interests of both parties are protected and promotes a fair and respectful business relationship. In the event of questions or ambiguities regarding ownership and usage rights, it is advisable to contact the service provider directly in order to find an amicable solution.

10 Confidentiality and data protection

10.1 Data protection provisions

As part of the provision of services, the service provider strictly observes compliance with the applicable data protection laws and regulations. The protection of the Client's and end users' personal data has top priority. Personal data shall only be collected, processed and used to the extent necessary for the performance of the agreed services. The service provider shall take appropriate technical and organizational measures to ensure the security of this data and to protect it from unauthorized access, loss or destruction.

The processing of personal data is transparent and data subjects are informed of the purposes for which their data is processed and of their rights in relation to this data. The Client is advised that it also has obligations under data protection laws, in particular when it transfers personal data to the Service Provider. It is the Client's responsibility to ensure that the transfer of such data is lawful and that the data subjects have been adequately informed.

10.2 Confidentiality obligations

Both the Service Provider and the Client undertake to maintain the confidentiality of all confidential information received in the course of the business relationship. Confidential information includes all non-public business, financial, technical or other information that is exchanged in written, verbal or electronic form. This confidentiality obligation shall remain in force even after termination of the contractual relationship.

Exceptions to the confidentiality obligation exist if the disclosure of the information (a) is necessary due to legal requirements, (b) has been authorized in writing by the other party, or (c) is absolutely necessary for the performance of the contract. In each case, the disclosing party shall ensure that disclosure is limited to the minimum necessary and that the recipient of the information is informed of its confidential nature.

Compliance with data protection regulations and confidentiality obligations is crucial for the trust between service provider and client. Violations of these provisions can lead to damage and harm the business relationship as well as the reputation of both parties. If there are any questions or concerns regarding data protection or confidentiality, the parties should contact each other immediately to find a solution.

11 Liability and warranty

11.1 Limitations of liability

The service provider [your name or business name] shall only be liable to the client for damages - except in the case of intent or gross negligence - if essential contractual obligations (cardinal obligations) are breached. In such cases, liability shall be limited to the foreseeable damage typical of the contract. There shall be no liability for indirect damage, in particular loss of profit, unless such damage was caused by intentional or grossly negligent action on the part of the service provider.

Liability claims against the service provider shall expire in accordance with the statutory provisions, unless expressly agreed otherwise. Liability for damages resulting from injury to life, limb or health shall remain unaffected by the above limitations.

11.2 Warranty claims

Warranty claims on the part of the Client presuppose that the Client has properly fulfilled its obligations to inspect the goods and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). In the event of justified notices of defects, the service provider shall be entitled, at its own discretion, to rectify the defect or provide a replacement delivery (service). If the rectification of defects fails or is unreasonable for the Client, the Client shall be entitled, at its discretion, either to demand a reduction in payment or to withdraw from the contract.

11.3 Dealing with defects

Defects in the services provided must be reported by the client in writing within two weeks of receipt of the service. In the notification of defects, the complaints must be described in as much detail as possible in order to make it easier for the service provider to check for defects. After expiry of this period, the services shall be deemed to have been accepted without defects, unless the defect was not recognizable during the inspection.

For defects that occur within the warranty period, the service provider shall, at its own discretion, either rectify the defect free of charge or provide a replacement service. If the defect is still present after two attempts at rectification, the client has the right to demand a reduction in payment or to withdraw from the contract. Claims for defects that the service provider has fraudulently concealed shall remain unaffected by the above provisions.

The warranty does not cover defects caused by improper use, modification or repair of the service by the client or third parties. Warranty claims for wearing parts or for defects caused by natural wear and tear are also excluded.

12. termination

12.1 Cancellation periods and conditions

The contractual relationship between the service provider and the client may be terminated in writing by either party subject to a notice period of four weeks to the end of the month, unless otherwise agreed in the individual contract. Notice of termination must be given in writing to be effective.

The right to extraordinary termination for good cause remains unaffected for both contracting parties. Good cause shall be deemed to exist in particular if a contracting party seriously breaches the contractual obligations incumbent upon it and no remedy has been provided after a reasonable period of time has been set to remedy the defect or if the economic basis of the contractual relationship changes fundamentally.

12.2 Consequences of termination

When the termination takes effect, both contracting parties are obliged to return the services received within the scope of the contractual relationship. The client is obliged to reimburse the service provider for all services provided under the contract up to the date of termination. Payments already made shall not be refunded.

Materials, documents or data that the client has made available to the service provider shall be returned to the service provider after the end of the contract or, if this has been agreed, destroyed. The service provider is obliged to treat all confidential information received within the scope of the contractual relationship confidentially even after the end of the contract and not to pass it on to third parties.

If there are still outstanding services at the end of the contract that have not yet been processed or completely fulfilled, these shall be completed in accordance with the provisions of the contract, unless otherwise agreed.

Unless otherwise agreed, the transfer of ownership and rights of use to the works or services created under the contract shall only take place upon full payment of the agreed remuneration to the client. Until then, the rights shall remain with the service provider.

The parties agree that after termination of the contractual relationship, any mutual claims, insofar as they have not already been asserted, must be submitted to the other party in writing within a period of three months after the end of the contract. After expiry of this period, the assertion of such claims is excluded.

13. final provisions

13.1 Changes to the GTCs

The Service Provider reserves the right to amend or supplement these General Terms and Conditions (GTCs) at any time and without prior notice. The Client shall be notified of changes to the GTC in writing or in electronic form and shall not come into force retroactively. They shall become effective if the client does not object within four weeks of notification of the changes. The service provider shall inform the client of this right of objection and the consequences of not objecting when the changes are announced. An objection by the client may lead to the termination of the contractual relationship.

13.2 Place of jurisdiction and applicable law

All disputes arising from or in connection with the contractual relationship between the service provider and the client shall be governed exclusively by the law of the country in which the service provider has its registered office. To the extent permitted by law, the place of jurisdiction shall be the registered office of the service provider. This shall also apply if the Client does not have a general place of jurisdiction in Germany or if its place of residence or habitual abode is unknown at the time the action is filed.

13.3 Severability clause

Should individual provisions of these GTCs be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, the parties shall agree on a valid and enforceable provision that comes closest to the economic purpose of the original provision. The same applies to loopholes in these GTCs.

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