Website Services Agreement

1. Who this agreement is between

This agreement is between Artur Missal, doing business as ORDÉ, Ahornallee 4d, 86899 Landsberg am Lech, Germany (“ORDÉ”), and the business that places an order (“Client”).

ORDÉ works with businesses only. By placing an order, the Client confirms that it is ordering for its trade, business or profession and not as a private individual.

This agreement applies to all orders from Clients based in the United States. Terms of the Client do not apply, even if ORDÉ does not expressly object to them.

2. What ORDÉ delivers

ORDÉ builds a custom-designed website for the Client. What is included follows from the package chosen and from the written quote.

ORDÉ does not promise any particular revenue, number of visitors, number of inquiries or ranking in search engines. These results depend on things ORDÉ cannot control.

A draft that ORDÉ builds before an order is placed is free and creates no obligation on either side. ORDÉ keeps all rights in the draft until an order is placed.

3. Quote, order and payment

The packages shown on the ORDÉ website are not a binding offer. After a request, ORDÉ sends a written quote by email. The order becomes binding when the Client accepts the quote by email.

All prices are in US dollars. 50 percent of the price is due when the order is placed. The remaining 50 percent is due on acceptance under section 8, before the website goes live. Invoices are payable in full within 14 days.

No German value added tax is charged. Any taxes, duties or bank fees that arise in the United States are paid by the Client.

ORDÉ starts work once the deposit has been received and the questionnaire under section 5 is complete. If an invoice is overdue, ORDÉ may pause work until it is paid.

4. Hosting and domain

Hosting and domain are not included in the price. The Client signs up for them in its own name and at its own cost. ORDÉ helps with the choice and sets the website up on the hosting the Client has chosen.

The hosting provider, not ORDÉ, is responsible for availability, outages, security and backups of the hosting.

5. What the Client provides

The Client gives ORDÉ everything needed to build the website, in particular the completed questionnaire, text, photos, logo and contact details.

The agreed turnaround time starts when the complete questionnaire and the deposit have been received. If the Client is late in providing something, the turnaround time moves back accordingly.

If the Client does not respond to questions that are needed to finish the website for more than 30 days, despite two written reminders, ORDÉ may present the work in its current state for acceptance.

6. The Client’s content

The Client confirms that it holds the necessary rights to all text, photos, logos, trademarks and other content it provides.

If content provided by the Client infringes the rights of a third party, the Client will hold ORDÉ harmless from the resulting claims, unless the Client is not responsible for the infringement.

7. Legal pages and accessibility

The Client provides its own privacy policy, terms and any other legal notices its website needs. ORDÉ adds these texts to the website unchanged and does not review them. ORDÉ does not give legal advice.

ORDÉ builds the website with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as the target. ORDÉ does not warrant that the website complies with the Americans with Disabilities Act or with any other accessibility, privacy or consumer law. The Client is responsible for the content it provides and for changes made to the website after handover.

8. Review, acceptance and handover

When the website is finished, ORDÉ makes it available to the Client through a preview link. The number of revision rounds included follows from the package. Each further revision round is ordered separately at the price shown on the ORDÉ website.

The Client accepts the website when it has been built as agreed. ORDÉ sets a period of 14 days for this. If the Client does not refuse acceptance within that period by naming at least one defect, the website is deemed accepted.

After acceptance and full payment, ORDÉ hands over all files of the website and the related logins.

9. Rights to the website

On full payment, the Client receives the right, unlimited in time, place and scope, to use, change and further develop the website.

This does not include general design and code components that ORDÉ developed independently of the order, in particular layout components, scripts and code building blocks. These remain with ORDÉ and may be reused in other projects. The Client receives a non-exclusive right, unlimited in time, to use them as part of its website.

Until full payment, all rights remain with ORDÉ.

ORDÉ may name and show the website as a reference, together with the Client’s business name. The Client may object to this at any time by email.

10. Updates after launch

For twelve months from acceptance, small content changes are included in the price. These are in particular changes to text, replacing photos, and updating hours, prices, menus, contact details and team information.

Up to four changes per calendar month are included. Unused changes do not carry over to the next month. The Client sends change requests by email; they are usually made within two to three business days.

Not included are in particular new pages, new features, a redesign of the layout, connecting further systems, moving to a different hosting provider, and restoring the website after changes made by others. This work is quoted in writing before it starts.

After the twelve months, changes can still be ordered at the price shown on the ORDÉ website.

11. Cancellation

The Client may cancel the order at any time before the website is finished. In that case ORDÉ is entitled to the agreed price, less the expenses it saves because the work is not completed (Section 648 of the German Civil Code). The deposit is credited against that amount.

12. Liability

ORDÉ is liable without limit for intent and gross negligence and for injury to life, body or health.

In cases of slight negligence, ORDÉ is liable only for the breach of an essential obligation, meaning an obligation that makes proper performance of the agreement possible in the first place and on which the Client may regularly rely. In that case liability is limited to the foreseeable damage typical for this kind of agreement. The parties agree that this damage does not exceed the total price of the order.

Beyond this, ORDÉ is not liable, in particular not for lost profits, lost data or other indirect damage. Except as expressly stated in this agreement, ORDÉ gives no warranties.

13. Governing law and courts

This agreement is governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The courts responsible for ORDÉ’s place of business in Germany have exclusive jurisdiction over all disputes arising from this agreement. ORDÉ may also bring a claim at the Client’s place of business.

14. Final provisions

The quote and this agreement together are the entire agreement between the parties. Changes and additions must be made in writing; email is sufficient.

This agreement exists in English only, and the English text is binding.

If any provision of this agreement is invalid, the remaining provisions stay in effect.