// Terms

Terms and conditions

WebUp GbR offers its services to businesses, traders and freelancers acting in the course of their business. This is an English translation of our Allgemeine Geschäftsbedingungen; if the two versions differ, the German version prevails.

§ 1 General

(1) These general terms and conditions (terms) form part of all contracts – in the fields of “web design” and “hosting” – concluded in writing or electronically with WebUp GbR, Auf d. Höhe 3, 78576 Emmingen-Liptingen, Germany, and its representatives. Sales, deliveries and services are provided exclusively on the following terms.

(2) Deviating terms of our contractual partners do not become part of the contract. Provisions that conflict with these terms apply only if agreed in writing. Individual agreements take precedence (§ 305b German Civil Code, BGB).

(3) These terms also apply to additional services and future contracts, even if they are not expressly agreed again. They are freely available online at any time. The client accepts the terms of WebUp GbR. Conflicting contract terms of the client do not become part of the contract, even if WebUp GbR does not expressly object to them in an individual case.

(4) Deviations from these terms are only valid if WebUp GbR accepts them in writing.

(5) Texts, information, prices etc. in customer information are subject to change and errors. The prices stated when the contract is concluded apply, in euros or pounds sterling. All stated prices are final prices and include VAT where it applies; nothing is added. If, for clients outside Germany, the tax liability passes to the client (reverse charge), WebUp GbR does not charge VAT, and the stated price is the amount payable.

§ 2 Offer, conclusion of contract

(1) Our offers are subject to change and non-binding. Offers are valid for eight weeks. If costs increase before the order is carried out, the client will be informed in good time. Only in this case is the client entitled to withdraw from an existing contract with WebUp GbR.

(2) By placing an order with WebUp GbR, in whatever form, the client accepts these terms for the whole business relationship. Orders must be placed in writing or by email. Orders placed online are binding on the client even without a signature.

(3) A contract is only concluded when WebUp GbR confirms an order in writing, or when the client signs and returns an offer with a service description. The service description defines the services WebUp GbR is to provide. Changes to the type and scope of the described services requested after the order is placed will be carried out by us where reasonable, and may in exceptional cases justify a proportionate price increase.

(4) If WebUp GbR creates a preview (a first website draft) for the client before an order is placed, the preview is free of charge and non-binding for the client. A contract is only concluded by an express order under paragraph 3.

(5) WebUp GbR offers the creation and operation of websites as a subscription (website subscription): with no setup fee, for a monthly fee and with no minimum term. The provisions of these terms marked “Website subscription” apply to the website subscription and take precedence over other provisions of these terms. One-off services (for example a website for a one-off payment) can be agreed individually.

§ 3 Payment terms / fees

(1) Website subscription: there is no setup fee and no deposit. The monthly fee is invoiced monthly in advance. For individually agreed one-off services, a 50 percent interim payment of the order total may be invoiced after the order is confirmed and work begins, if the order value exceeds 1,500 euros. A partial or advance payment made before invoicing does not oblige WebUp GbR to begin the service and does not establish a right to have the service begun.

(2) If credit agencies rate the client’s creditworthiness as unsatisfactory, WebUp GbR may require payment of the full amount in advance.

(3) Partial services and/or partial deliveries may be invoiced separately. The total or remaining amount is due at the latest when the work is completed.

(4) Unless agreed otherwise, all invoices are due immediately without deduction. If the client is in default, WebUp GbR may charge default interest of 4 % above the European Central Bank’s base rate. Each reminder is charged at an additional 10 euros. Further claims for damages remain unaffected.

(5) In the event of default, WebUp GbR is entitled to withdraw from the contract and claim damages for non-performance.

(6) Website subscription, founding offer: if a founding offer has been agreed with the client (for the first ten clients of WebUp GbR), the monthly fee is waived for the first three months. In return, the client gives a short testimonial that WebUp GbR may publish, and allows WebUp GbR to show the client’s website as a reference. The end of the free period and the monthly fee that applies afterwards are confirmed to the client in text form when the contract is concluded.

(7) The client is also responsible for fees caused, with or without authorisation, by other persons using the client’s identifiers. The client undertakes to keep personal identifiers and access data carefully, protected from access, misuse and loss. The client indemnifies WebUp GbR against costs and claims arising from a breach of these obligations.

(8) WebUp GbR reserves the right to increase fees at the start of a new billing period. Changed fees will be announced to the client at least six weeks before they take effect. Fee increases give the client an extraordinary right to terminate with two weeks’ notice. Fee increases known at the time of the order require no separate notice and do not give a special right of termination.

(9) If the client is in default with payment of a not insignificant part of the fee for two consecutive invoices, or with an amount equal to one monthly fee for a period of more than two months, WebUp GbR may terminate the contract for good cause without notice.

(10) The client may only set off claims of WebUp GbR against counterclaims that are undisputed or legally established. The client may only assert a right of retention or refusal of performance on the basis of undisputed or legally established counterclaims.

§ 4 Retention of title

(1) The services, delivered goods, work and all associated rights remain the property of WebUp GbR until paid in full. If the client is in default with payment, WebUp GbR may, without setting a further deadline, block or prohibit access to, use of or publication of the service concerned until payment is received.

(2) WebUp GbR remains the sole owner of the rights to scripts, programs etc. it has created, even after the client’s performance. WebUp GbR grants the client the exclusive right to use the website. The grant of rights of use only takes effect once the client has paid the fee owed to WebUp GbR in full. The right of use covers only the use of the website as a whole, or of parts of the website, on the internet. The client may not use individual design elements of the website, or the whole website, in any other form, in particular in print. Website subscription: the right of use exists for the duration of the website subscription and ends when it ends. Content supplied by the client (texts, images, logos etc.) remains the client’s property.

§ 5 Delivery time

(1) Delivery dates require agreement. Delivery time is suspended while the client reviews drafts, demos, test versions etc. The suspension runs from the day the client is notified until the day the client’s response arrives. If, after placing the order, the client requests changes that affect the production time, the delivery time is extended accordingly.

(2) WebUp GbR endeavours to fulfil the client’s order as quickly as possible. WebUp GbR is not liable for losses the client suffers from any delay in fulfilling the order. Even where deadlines are agreed as binding, WebUp GbR is not responsible for delays caused by force majeure or by events that make performance substantially more difficult or impossible for WebUp GbR. WebUp GbR may then postpone performance for the duration of the hindrance plus a reasonable start-up period.

(3) In the event of delayed delivery, the client may only exercise its statutory rights after setting a reasonable grace period of at least two weeks.

(4) Delivery time only begins once all documents needed to carry out the order have been provided in full. Late submission extends the delivery time.

(5) Delays in performance are possible in the event of force majeure and events that make the service substantially more difficult or impossible for WebUp GbR (operational disruptions, strikes etc.), whether these occur in its own business or at third parties.

§ 6 Corrections / acceptance / complaints / warranty

(1) Acceptance takes place in writing by an approval note. If no detailed written notice of defects is received within 14 days of handing over the project results, the delivered results are deemed accepted or approved. Holiday periods do not interrupt these rules; both sides must announce them in good time, meaning two weeks in advance. Any complaints must be made without delay after receiving the work.

(2) Estimated working hours are given by WebUp GbR to the best of its knowledge and based on experience. Nevertheless, WebUp GbR cannot guarantee that the work in each area can be done 100 % within the estimated time plus 15 %.

(3) Website subscription: changes to the website are included in the monthly fee, small or large, for example new prices, opening hours, photos, texts or a new section. WebUp GbR makes them within a reasonable time. Not included are a complete redesign of the website and new features such as online booking, a shop or payment processing; on request, WebUp GbR offers these separately in advance.

(4) Unless agreed otherwise in writing, warranty claims expire 24 months after completion. If defects in the delivery are known, WebUp GbR may remedy them at its discretion, several times if reasonable for the client. If the client independently changes the work, for example the website’s source code, all warranty and liability claims for the work provided by WebUp GbR lapse.

(5) WebUp GbR warrants that a website it produces essentially matches the specifications of the concept. It accepts no liability for deviations caused by technical circumstances and inconsistent standards, in particular screen resolution, monitor size, colour settings, different HTML versions, browser settings, WebTV, WAP etc. To that extent, the documents underlying the concept, such as illustrations, graphics and drawings, are only approximately authoritative.

(6) WebUp GbR does not guarantee that particular successes or results will be achieved by using the website.

(7) WebUp GbR builds websites for smartphones, tablets and desktop screens and tests them in the current versions of Chrome, Safari, Firefox and Edge. Any corrections are made on this basis.

§ 7 Third-party rights, data security and content

(1) The client indemnifies WebUp GbR against all third-party claims relating to the data provided. WebUp GbR accepts no liability for the content of materials provided; it is assumed that the client has carefully checked the materials for correctness.

(2) The client must respect copyright and third-party rights in data provided to WebUp GbR and must hold permission to publish and/or modify that data. The client must keep backup copies of all data sent to us, in whatever form. WebUp GbR is not liable for the loss or modification of data. The client may not use WebUp GbR’s services for pornographic or otherwise unlawful content. Because of the tight pricing, WebUp GbR cannot examine in detail whether third-party claims are justified. The same applies if content could, by general legal sentiment, violate the law of the Federal Republic of Germany. The client is responsible for proving that the content is unobjectionable. WebUp GbR nevertheless reserves the right to refuse to include such data or information if it appears questionable.

(3) Claims by authors are borne by the client.

§ 8 Copyright

(1) Copyright in published objects created by WebUp GbR (websites, scripts, programs, graphics etc.) remains solely with WebUp GbR. They may only be used in connection with the contract.

(2) Unless agreed otherwise, the client receives the rights of use for the created objects upon full payment. Copying or using such objects in other electronic or printed publications, in particular on other websites, is not permitted without the express consent of WebUp GbR, unless agreed otherwise.

§ 9 Copyright notices and references

(1) The client grants WebUp GbR the right to include WebUp GbR’s logo and contact details in the legal notice of the client’s website, and to link them to each other and to the website.

(2) The client will keep all protective notices, such as copyright notices and other reservations of rights, unchanged. This applies in particular to notices about the author in the program code.

(3) WebUp GbR reserves the right to use work it has delivered, such as SEO results, designs, web designs or drafts from the design phase not officially used by the client, for presentation purposes in its own references and portfolios, in particular to include the client’s website in a reference list for advertising purposes and to place links from the client’s site to www.webupsolutions.com as its creator.

§ 10 Cooperation partners

(1) WebUp GbR may have the order carried out, in whole or in part, by qualified employees or by commercial or freelance cooperation partners.

(2) If WebUp GbR acts as an intermediary for the client, for example for photography, the client will receive the relevant documents, invoices and access from the cooperation partner.

(3) No separate consent or notice is needed to change cooperation partners or service providers, provided the client suffers no disadvantage.

§ 11 Taxes and charges

(1) WebUp GbR is not responsible for taxes or charges arising in connection with any use of the services, such as a website. The client assumes this obligation.

§ 12 Lawful use

(1) The client may only use WebUp GbR’s services within the applicable law. Transmitting material that violates the law is prohibited. The client is responsible for the content of a website.

(2) WebUp GbR does not review documents submitted by the client from a legal point of view. Expressly, no legal advice is given.

§ 13 Confidentiality, data protection

(1) Information handed over to WebUp GbR is treated as confidential unless expressly agreed otherwise. Where WebUp GbR uses third parties to provide its services, it may disclose client data to them if this is necessary for the purposes of the contract.

§ 14 Service description, concept, objection

(1) WebUp GbR’s services comprise the development, programming, setup and hosting, with maintenance where agreed, of websites for the client’s presence on the World Wide Web, as well as further activities agreed with the client in the service description that are connected with and support the creation of the website.

(2) For this, WebUp GbR creates a concept based on the client’s corporate image and overall impression, which is presented to the client for approval. The basic concept includes a basic layout and a navigation system. After the client’s approval, the page or website is created on the basis of the concept.

(3) The client must cooperate in creating the concept by providing the necessary information, images, texts and graphics, unless WebUp GbR has agreed to provide them. The client must provide the data to WebUp GbR by upload, USB stick or email in the format requested by WebUp GbR.

(4) The scope of the website follows from the draft agreed with the client.

(5) The fee charged covers the services agreed in the service description and, for the website subscription, also changes under § 6 (3). Further services are only invoiced separately after prior agreement. For individually agreed one-off services: if WebUp GbR has already begun or fully performed the web design and the client objects to the draft at that point, the client must pay the costs incurred.

§ 15 Creating and testing websites

(1) WebUp GbR creates the websites according to the client’s wishes, which may be changed at any time during the contract (for the website subscription under § 6 (3), otherwise for an extra charge if applicable). After the contractual relationship ends upon receipt of payment and handover of the pages to the client, we give no guarantee for errors caused by interventions of the client or third parties. On receiving the website (for example on a data carrier), the client must satisfy itself that the pages produced by WebUp GbR work under the previously agreed test conditions. WebUp GbR does not, however, warrant the completeness of the data or that the work is fit for a particular purpose pursued by the client.

(2) WebUp GbR tests the websites it creates only for functionality and conformity with the service description. WebUp GbR does not check whether material used is free of third-party rights.

§ 16 Storage and domain names

(1) WebUp GbR does not guarantee the availability of particular domain names and excludes liability for the temporary unavailability of the hosted domain. WebUp GbR is not liable for exceeding the agreed traffic.

(2) The client confirms that, to the best of its knowledge, registering or connecting a domain name does not infringe third-party rights. The client acknowledges that it alone is responsible for choosing the domain name, and indemnifies WebUp GbR against all claims.

(3) Website subscription: domain and hosting are included in the monthly fee. WebUp GbR registers the domain or connects an existing domain of the client. When the website subscription ends, WebUp GbR transfers the domain free of charge to the client, or to a provider the client names, on request.

§ 17 Reservation of changes

(1) WebUp GbR reserves the right to make changes that prove technically necessary and are reasonable for the client, taking the client’s interests into account. WebUp GbR may provide partial services where reasonable for the client. Archiving data, interim results etc. is the client’s responsibility.

§ 18 Website maintenance

(1) If the client concludes a maintenance or support contract including fitness checks with WebUp GbR, we are responsible for updating the client’s pages at the agreed intervals and for fixing malfunctions where necessary. During the contract term, the client is responsible for ensuring that third parties make no changes to the pages covered by the maintenance contract.

(2) Website subscription: hosting, domain and maintenance of the website (changes under § 6 (3), fixing malfunctions) are included in the monthly fee; no separate maintenance contract is needed. Terms and services for maintenance contracts outside the website subscription are agreed individually.

§ 19 Acceptance / withdrawal

(1) Acceptance takes place by the client’s written approval of the concept (by fax, email, letter etc.). WebUp GbR may present parts of the website to the client for partial acceptance, also by sending a link that shows the status. The client must accept the website if it matches the contractual service description.

(2) Acceptance takes place at the latest after 14 days.

(3) For individually agreed one-off services: if the client withdraws from the contract or does not accept the finished website, the client is in default of acceptance. In that case, WebUp GbR may insist on performance or, alternatively, claim damages for non-performance. As damages, WebUp GbR may claim 75 % of the price underlying the order. The client remains entitled to prove that WebUp GbR suffered lower damage.

(4) Website subscription: the client can cancel the website subscription at any time to the end of the current month, without giving reasons; an email is enough. WebUp GbR can terminate with one month’s notice to the end of a month. When the website subscription ends, the website is taken offline; for the domain, see § 16 (3). Both sides’ right to terminate for good cause remains unaffected.

(5) In the event of force majeure (see § 5 (5)), the client cannot claim damages for delay or for non-performance, but agrees a sufficient grace period.

§ 20 Contract term

(1) Website subscription: the website subscription runs for an indefinite period and has no minimum term (cancellation: see § 19 (4)). Otherwise, the contract term is the term agreed between the client and WebUp GbR.

§ 21 Place of jurisdiction

(1) In business dealings with merchants and legal entities under public law, Tuttlingen, Germany, is agreed as the place of jurisdiction for all disputes arising from the contract.

§ 22 Search engines

(1) For certain packages, WebUp GbR offers to submit the website to search engines and web directories. WebUp GbR cannot guarantee inclusion, ranking or the time of inclusion of the website in search engines.

(2) Inclusion, ranking and the time of inclusion are decided solely by the operator of each search engine. Inclusion in editorially managed search services can take up to 14 weeks. The fee remains payable regardless.

(3) As search engines do not automatically include all websites, successful submission to every search engine contacted is not guaranteed. The terms of use of each search engine apply. Permanent inclusion in a search engine cannot be guaranteed either.

(4) The client is aware that each submission to a search engine creates an individual contractual relationship with its operator, and authorises WebUp GbR to conclude this relationship on the client’s behalf. The client undertakes to observe messages from search engine operators that WebUp GbR forwards, and to meet their requirements. If the client does not, it may not complain to WebUp GbR about non-inclusion.

§ 23 Publishing content online

(1) WebUp GbR presents the content to the client for acceptance; only after acceptance and consent is the content made publicly available online. Copyright responsibility for the content created and published under the order lies solely with the client. The client indemnifies WebUp GbR against third-party claims.

§ 24 Viruses / hackers

(1) WebUp GbR checks data handed over to the client for viruses with the greatest possible care; nevertheless, the client is always obliged to check and back up data on its own data carriers beforehand.

(2) All liability is excluded for virus infections of data carriers, computers etc. of the client or third parties, in particular for resulting damage and consequential damage.

(3) WebUp GbR cannot accept liability for hacker attacks and resulting damage. The work is carried out to the best of its knowledge, but attacks from outside can never be ruled out entirely. The client is aware of this and indemnifies WebUp GbR in this respect.

§ 25 Receiving and sending emails

(1) The client agrees that WebUp GbR and its cooperation partners may send information to the client’s email address to a reasonable extent. Such emails are marked appropriately.

§ 26 Technical advice

(1) To keep WebUp GbR’s fees low over the long term, advice by phone is only available to a limited extent, and there is no entitlement to it. Support and advice are mostly provided by email, which is usually answered free of charge.

§ 27 Data protection

(1) WebUp GbR points out that personal data is stored in accordance with data protection law in the course of performing the contract, and passed on to cooperation partners, vicarious agents and service providers of WebUp GbR to the extent necessary. WebUp GbR may store data relevant for invoicing permanently.

(2) The client is aware that, as a rule, all parties along the internet’s transmission path can gain unauthorised knowledge of data in transit. The client accepts this risk.

§ 28 Limitation of liability

(1) WebUp GbR is only liable for damage caused by WebUp GbR, its legal representatives or vicarious agents through gross negligence and intent, unless assured characteristics are concerned.

(2) Furthermore, WebUp GbR is not liable for the correct functioning of internet infrastructure or transmission paths outside its area of responsibility. WebUp GbR accepts no liability for internet disruptions, failures of technical systems or damage caused by third parties. Warranty and liability claims for defective performance must be asserted within six months of acceptance. WebUp GbR is only liable for indirect and consequential damage in the case of intent and gross negligence. No further liability is accepted. All warranty and liability claims lapse if the client or third parties make changes, for example to a website.

(3) WebUp GbR does not guarantee that servers are suitable for a particular service or software, or permanently available.

(4) WebUp GbR accepts no liability for damage or consequential damage caused directly or indirectly by data transfers. Liability and claims for damages are limited to the order value. WebUp GbR accepts no liability if faulty work results are processed further (for example reproduced, printed or copied), even if third parties claim damages from the client.

(5) Reselling services provided by WebUp GbR, including partial services, is not permitted without WebUp GbR’s prior consent.

§ 29 Formats

(1) Files must be supplied to WebUp GbR in the following formats: images as .jpg, .png or in high resolution; logos in vector form; texts as .doc or .txt; audio as .mp3; video as .avi or .mp4. WebUp GbR accepts files in these formats as client deliveries for the products. Current, common versions are meant.

(2) WebUp GbR is not obliged to accept file types not listed. Delivery in this quality by the client is a precondition for WebUp GbR’s delivery falling due.

(3) Printed material supplied by the client is scanned by WebUp GbR up to A4 only; larger formats cannot be processed. The client is aware that quality may be lost.

§ 30 Programming

(1) Depending on the project, WebUp GbR’s services are implemented with IntelliJ and various web design tools such as Adobe Photoshop and other graphics and programming tools. The client acknowledges this and agrees that the services relate to what these programs can do. Further services are not part of a contract.

§ 31 Disclaimer / legal notice / data protection

(1) WebUp GbR includes legally relevant information such as disclaimer, legal notice and privacy policy on the client’s website. The legal notice contains the client’s name, address, registration numbers and the person responsible for content. WebUp GbR may also include its own contact details.

(2) The client must check this content for legal compliance, update it legally and in substance where necessary, and indemnifies WebUp GbR against liability.

§ 32 Translations

(1) WebUp GbR does not generally offer translation services. In special cases, they can be provided for an agreed fee. The client indemnifies WebUp GbR against liability for this service.

§ 33 On-site meetings

(1) An on-site meeting of up to 2 hours to discuss the website beforehand is a free service of WebUp GbR.

§ 34 Pricing

(1) Unless agreed otherwise or an hourly rate has been agreed, WebUp GbR charges fixed flat prices.

§ 35 Client’s duty to cooperate / project duration / extra work

(1) The client supports WebUp GbR in performing its contractual services. This includes in particular providing in good time the texts, images and video files to be used on the website, and hardware and software where the client’s cooperation requires it. The client will instruct WebUp GbR thoroughly about the services to be provided.

(2) If the client has undertaken to obtain materials (images, audio, text or similar) for WebUp GbR, the client must provide them immediately on request, in a common, directly usable digital format (see § 29).

(3) The client ensures that WebUp GbR receives the rights needed to use these materials.

(4) The client performs cooperation at its own expense. For individually agreed one-off services: if, within 6 weeks of placing the order, the client does not supply all the data and documents needed to complete the website, or does not accept work produced within this period, WebUp GbR may invoice the order in full. In this case, WebUp GbR guarantees completion of the order within 12 months of the order being placed. If, 12 months after the order, the client has still not supplied complete data or delays acceptance of the website, the order is deemed fulfilled by WebUp GbR.

§ 36 Scope of services, changes & extra work

(1) WebUp GbR first creates a draft (preview) of the website for the client. It makes requested changes before and after launch within the scope of § 6 (3). Work beyond this that arises during the order, for example new features such as online booking, a shop or payment processing, is only invoiced separately after prior agreement. Sending the client’s data by email and WebUp GbR accepting and carrying out the work counts as a binding order.

§ 37 Miscellaneous

(1) The client is responsible for backing up its email mailboxes, especially if the domain moves to another provider. WebUp GbR points out that emails can be lost when a domain moves if they are not stored physically on the client’s hardware.

(2) When a domain moves, the website may be unavailable for a few hours or days. No liability claims can be made against WebUp GbR for outages of the website or connected systems caused by a move or technical failure (at the provider or through hacker attacks from outside).

(3) WebUp GbR builds websites to be compatible with modern web browsers, meaning the current versions of Chrome, Safari, Firefox and Edge.

(4) In the case of one-off search engine optimisation, no Google rankings are guaranteed. As a check that the contractually agreed SEO measures have been implemented correctly, an optimisation of at least 80 % (green range) in the SEO tool https://www.seobility.net/de/keywordcheck/ applies.

§ 38 Final provisions

(1) Should individual provisions of this contract be or become invalid, the validity of the rest of the contract remains unaffected. An invalid provision is to be replaced by a valid one that comes closest to the economic purpose of the provision concerned.

(2) The same applies to any gaps in the contract.

(3) The place of performance is always Emmingen-Liptingen near Tuttlingen, Germany. WebUp GbR may provide the notices to the client mentioned in these terms, and any other notices needed in the course of business, by email.

(4) Messages are deemed delivered when they arrive and are available at this address, regardless of whether they are actually read.

Version: 17 October 2026 · Legal notice · Privacy policy · Back to WebUp