Terms and Conditions (T&C)
Terms and Conditions Engelhardt Medien · Martin Engelhardt
Tucherstr. 19 · 90403 Nuremberg
Tel: +49 (0) 911 / 990 13 30 · info@engelhardt-medien.de
As of August 8, 2026
§ 1 Scope of Application
(1) These General Terms and Conditions apply to all legal transactions between Martin Engelhardt (hereinafter “I”) and the client (hereinafter “Customer”) for services in the areas of web design, print design, logo design, and other design and digital media services.
(2) Any conflicting or differing terms and conditions of the customer will be recognized only if I expressly agree to their validity in writing.
(3) A “consumer” as defined in these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial nor to their independent professional activity (Section 13 of the German Civil Code (BGB)). A business entity is any natural or legal person who, when entering into a legal transaction, is acting in the course of their commercial or self-employed professional activity (Section 14 of the German Civil Code (BGB)).
§ 2 Offers and Conclusion of Contracts
(1) I am bound by my offers for 30 days from the date of issuance, unless otherwise specified in the offer.
(2) All prices are net, plus applicable sales tax, unless expressly stated otherwise. For consumers, prices are gross and include applicable sales tax.
(3) A contract is formed when I confirm the customer’s order in writing (e.g., by email) or begin performing the requested service.
§ 3 Placing an Order
The customer may place an order in writing (e.g., by email or online form) or verbally. A signature is not required.
§ 4 Performance of the Contract and Obligations to Cooperate
(1) The agreed-upon proposal serves as the basis for the provision of services.
(2) Services not included in the offer will be billed separately.
(3) Requests for changes after the order has been placed (“Change Requests”) must be agreed upon in writing and may result in adjustments to the price and schedule.
(4) The customer agrees to provide all content, data, access, and approvals necessary for performance in a timely manner.
(5) I shall not be held responsible for delays caused by the customer’s failure to cooperate or delayed cooperation. Agreed deadlines will be postponed accordingly.
(6) Delivery and performance dates are binding only if they have been expressly agreed upon as such. In all other respects, the statutory provisions (§ 286 BGB) apply to the occurrence of default.
§ 5 Acceptance
(1) Upon completion of a project or contractually defined project phases, I shall request the client in writing to accept the work and shall set a reasonable deadline for this, typically 14 days.
(2) The service shall be deemed accepted if the customer does not refuse acceptance within this period by citing at least one defect and I have expressly informed the customer of this legal consequence in the request for acceptance. If the customer is a consumer, this notice must be provided in writing (Section 640(2) of the German Civil Code (BGB)).
(3) Acceptance may not be refused on the grounds of minor defects. The customer’s rights regarding defects remain unaffected.
(4) Acceptance may also be effected by conclusive conduct, in particular by payment of the final invoice without reservation or by productive use of the service (e.g., publication of the website or use of the documents created).
§ 6 Compensation and Payment Terms
(1) For project-based contracts, I am entitled to request an advance payment of up to 50% of the agreed-upon total compensation upon placement of the order, provided this is specified in the proposal. The specific payment schedule (e.g., 50% upon order placement, 50% upon acceptance) is set forth in the respective quote.
(2) Unless otherwise agreed, invoices are payable within 14 days without deduction.
(3) In the event of late payment, the statutory default interest rates apply: 9 percentage points above the base rate for business customers and 5 percentage points above the base rate for consumers. For business customers, I may also claim the statutory flat-rate late payment fee of 40 euros (Section 288(5) of the German Civil Code (BGB)).
§ 7 Right of Withdrawal for Consumers
Right of Withdrawal:
Consumers have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date the contract is concluded. To exercise the right of withdrawal, the consumer must inform me (Martin Engelhardt, Engelhardt Medien, Tucherstr. 19, 90403 Nuremberg, Tel. +49 (0)911 / 990 13 30, Email: info@engelhardt-medien.de) of their decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail or an email). The consumer may use the attached model withdrawal form for this purpose, although this is not required. To meet the withdrawal deadline, it is sufficient for the notification regarding the exercise of the right of withdrawal to be sent before the withdrawal period expires.
Consequences of the revocation:
If this contract is canceled, I must refund all payments I have received from the consumer without delay and no later than fourteen days from the date on which I received notice of the cancellation. I will use the same payment method for this refund that the consumer used for the original transaction, unless expressly agreed otherwise; under no circumstances will any fees be charged for this refund.
If the consumer has expressly requested that I begin performing the service during the cancellation period, the consumer must pay me a reasonable amount corresponding to the proportion of the services already provided up to the time of cancellation compared to the total scope of the services provided for in the contract.
Early termination:
The right of withdrawal expires in the case of a contract for the provision of services if I have fully performed the service and have only just begun to perform it, after the consumer has given their express consent and simultaneously confirmed their awareness that they will lose their right of withdrawal once I have fully performed the contract (Section 356(4) of the German Civil Code (BGB)).
Withdrawal Form
Please address your notice of withdrawal to Martin Engelhardt, Engelhardt Medien, Tucherstr. 19, 90403 Nuremberg, email: info@engelhardt-medien.de
If you wish to cancel the contract, please fill out this form:
§ 8 Reservation of Rights and Working Files
(1) Until the agreed-upon compensation has been paid in full, all rights of use to the works I have created (in particular, drafts, layouts, designs, and programming) shall remain with me. The agreed-upon rights of use shall not be granted until full payment has been made.
(2) Open work files, layout files, and source files are only to be provided if this has been expressly agreed upon.
§ 9 Copyright and Rights of Use
(1) I retain the copyright to the works I have created, to the extent that copyright exists under the law and no mandatory legal provisions preclude this.
(2) Upon full payment, the customer shall receive the rights of use agreed upon in the offer or contract. The scope, purpose, and geographical and temporal extent of the rights of use are set forth in the respective agreement. Unless expressly agreed otherwise, non-exclusive rights of use shall be granted.
(3) Any use beyond the agreed scope requires my prior written consent. Unless expressly agreed otherwise, no exclusive rights of use, rights to modify, or rights to sublicense are granted.
(4) When using AI-powered tools, it is not possible to conclusively guarantee, on a case-by-case basis, that individual pieces of content are eligible for copyright protection or that AI-generated or AI-edited content is free of third-party rights. Unless a separate legal review has been expressly agreed upon, I am under no obligation to conduct a legal review of the freedom from third-party rights, copyright eligibility, labeling requirements, or other legal admissibility of such content.
(5) To the extent that statutory or other binding requirements mandate the labeling, disclosure, or other special treatment of AI-generated or AI-processed content, such requirements shall be complied with—to the extent they form part of the services I am obligated to provide—in accordance with the statutory requirements known and applicable at the time the services are rendered. I am not obligated to provide any further legal review or advice regarding compliance with such requirements, unless this has been expressly agreed upon.
(6) The customer is responsible for the legal admissibility of the content it provides or authorizes for use. This applies in particular to the necessary rights of use, as well as to the customer’s obligations regarding attribution, disclosure, and other legal requirements when publishing or reusing such content.
(7) When using external AI services, software, fonts, images, plugins, themes, or other third-party content, the respective terms of use, license terms, and contractual terms of the relevant providers or rights holders shall apply in addition. No guarantee is provided regarding the copyrightability or unrestricted commercial usability of content generated or provided by such services, unless expressly agreed upon.
(8) The customer shall provide me with the information necessary for proper implementation and shall inform me of any legal, licensing, or other requirements known to the customer that must be taken into account when using or publishing the content provided or approved.
§ 10 Liability and Warranty
(1) The legal review and approval of legal content provided by the client or technically integrated by me (e.g., legal notice, privacy policy, cookie banner) is the responsibility of the client. I do not provide legal advice. The responsibility for the legal accuracy, completeness, and timeliness of this content lies with the client, unless a separate legal review by a qualified person has been expressly agreed upon.
(2) I am not liable for any violations of legal requirements (e.g., data protection, GDPR, competition law) resulting from content provided or approved by the customer.
(3) I am not liable for malfunctions, damage, or security issues caused exclusively by third-party software, themes, plugins, hosting providers, or other external systems, for which I am not responsible despite having properly selected, configured, and reasonably tested them. Under a maintenance or support contract, my services are limited to the activities expressly agreed upon therein.
(4) No specific results or rankings are guaranteed with regard to search engine rankings, visibility, or other SEO effects, unless this has been expressly agreed upon as part of the contract.
(5) I have unlimited liability toward business entities for damages resulting from intentional or grossly negligent breaches of duty, as well as for damages arising from injury to life, body, or health. In cases of simple negligence, I am liable only for breaches of material contractual obligations, limited to damages that were foreseeable at the time the contract was concluded and that are typical for this type of contract. Essential contractual obligations are those obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely. Claims under the Product Liability Act and other mandatory statutory liability provisions remain unaffected.
(6) The statutory liability and warranty provisions apply to consumers.
§ 11 Term of the Contract and Termination
(1) Contracts for one-time services (projects) terminate upon their full performance; no notice of termination is required. Statutory rights to terminate the contract remain unaffected.
(2) Contracts for recurring services (e.g., maintenance, servicing, support) may be terminated by either party with one month’s notice, unless a fixed term has been agreed upon.
(3) If a fixed term has been agreed upon with a business entity, the contract is extended for the agreed-upon term each time unless it is terminated with three months’ notice prior to the end of the term. With respect to consumers, the contract is extended indefinitely after the expiration of an agreed-upon initial term and may be terminated at any time with one month’s notice.
(4) The right to terminate the contract for cause remains unaffected.
(5) Notices of termination must be in writing (e.g., email).
§ 12 Set-off and Retention
(1) The customer may set off only those claims that are undisputed, have been legally established, or arise from the same contractual relationship.
(2) If the customer is a business entity, the customer may assert a right of retention only to the extent that the customer’s counterclaim is based on the same contractual relationship.
§ 13 Data Protection
Personal data is processed in accordance with the GDPR and the BDSG. See the Privacy Policy for details.
§ 14 Data Backup
(1) The customer is responsible for backing up their own data.
(2) Project files are generally stored for up to 30 days after the project is completed, unless otherwise agreed.
§ 15 References
I may use completed projects as references (e.g., by displaying the website, the logo, or publicly accessible excerpts on my website and in my portfolio), provided that this does not conflict with any legitimate interests of the client. The client may object to the use of the project as a reference at any time in writing (e.g., by email) with future effect; in this case, such use will be discontinued.
§ 16 Consumer Arbitration
I am neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board as defined by the Consumer Dispute Resolution Act (VSBG).
§ 17 Final Provisions
(1) The place of performance is Nuremberg, provided the customer is a business entity. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive venue for all disputes arising from this contract is Nuremberg.
(2) The law of the Federal Republic of Germany shall apply. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
(3) Should any provision of these General Terms and Conditions be invalid in whole or in part, the validity of the remaining provisions and of the contract as a whole shall remain unaffected. The invalid provisions shall be replaced by the applicable statutory provisions.
Nuremberg, August 2026