Last updated: February 2026 · Ioannis Benetos, Hannover
(1) These General Terms and Conditions (GTC) apply to all contracts between Ioannis Benetos, Engelbosteler Damm 55, 30167 Hannover, Germany (hereinafter "Contractor") and his clients (hereinafter "Client") for the development of websites, web applications, and optional maintenance services.
(2) Deviating or supplementary conditions of the Client apply only if the Contractor has expressly agreed to them in writing.
(3) These GTC apply to both businesses (B2B, § 14 German Civil Code) and consumers (B2C, § 13 German Civil Code). Where individual provisions apply to only one of these groups, this is expressly indicated.
(1) Quotes provided by the Contractor are non-binding unless expressly designated as binding.
(2) A contract is formed when the Client accepts the Contractor's quote in writing or in text form (e.g. by email), or when the Contractor issues an order confirmation.
(3) The scope of services is defined exclusively by the respective quote. Verbal side agreements require confirmation in text form.
(1) The Contractor performs the services described in the quote with the diligence of a prudent businessman. The Contractor is entitled to have partial services performed by qualified third parties (subcontractors) but remains solely responsible to the Client.
(2) The Contractor is entitled to perform the agreed services at their own professional discretion as long as the agreed result is achieved.
(3) The Client is obliged to provide all information, materials, and access required for the performance of services in a timely and complete manner. This includes in particular: texts, images, logos, access credentials, design specifications, and technical requirements.
(4) Delays arising from missing or late cooperation by the Client are not attributable to the Contractor. Any additional effort incurred will be charged separately at the agreed hourly rate or on a time-and-materials basis.
(5) The Client is solely responsible for the legal permissibility of the content they provide (in particular regarding copyright, data protection, and competition law) and shall indemnify the Contractor against any third-party claims.
(1) Fees are set out in the respective quote. All prices are exclusive of statutory VAT where applicable.
(2) For projects with a net order value of EUR 1,000 or more, the Contractor is entitled to request a deposit of up to 50% of the total fee upon contract formation. The remaining balance is due upon acceptance.
(3) Invoices are payable within 14 days of the invoice date without deduction, unless otherwise agreed.
(4) In the event of late payment, the Contractor is entitled to charge default interest at the statutory rate (§ 288 German Civil Code). For business clients, the default interest rate is 9 percentage points above the base interest rate.
(5) In the event of late payment, the Contractor is entitled to suspend further performance until outstanding amounts have been settled.
(1) The development of websites and web applications is governed by the law of contracts for work and services (§§ 631 et seq. German Civil Code).
(2) Upon completion, the Contractor makes the work available for acceptance and requests the Client to accept it. The Client is obliged to accept the work within 14 days or to notify the Contractor of any defects in text form.
(3) Acceptance is deemed granted if the Client does not raise material defects in text form within the deadline or puts the work into operation.
(4) Minor defects that do not substantially impair the usability of the work do not entitle the Client to refuse acceptance.
(5) The statutory warranty period begins upon acceptance.
(1) Where "Option A – Full Rights Transfer" is expressly agreed in the quote, the Contractor transfers all usage rights to the developed work to the Client upon receipt of full payment. This transfer includes unlimited rights of use with respect to time, territory, and content, including the right to modify, reproduce, and distribute.
(2) Under Option A, the Contractor delivers the complete source code of the project to the Client.
(3) Under Option A, no usage rights to the source code remain with the Contractor, except for any open-source components or third-party libraries used, which are subject to their own licence terms.
(4) Where the quote does not expressly provide for Option A, Option B applies.
(5) Under Option B, copyright in the developed source code remains entirely with the Contractor. Upon receipt of full payment, the Client receives a simple, non-transferable, non-sublicensable right to use the completed website or web application solely for the contractually agreed purpose.
(6) Under Option B, the Client may not distribute, reproduce, modify, or otherwise exploit the source code without a separate written agreement.
(7) Under Option B, the source code is not handed over to the Client. Optional handover of the source code may be arranged against a separately agreed buy-out fee as specified in the quote or a separate agreement.
(8) Open-source components and third-party libraries used are subject to their respective licence terms, which the Contractor will provide to the Client upon request.
(9) Usage rights are transferred to the Client only upon receipt of full payment of the agreed fee.
(1) The applicable usage rights option is expressly stated in the Contractor's quote.
(2) In case of doubt, Option B (Licence Model) applies.
(3) Any subsequent change of the usage rights option requires an explicit written agreement and may require an adjustment of the fee.
(1) A separate maintenance agreement may be concluded at the Client's request. The maintenance agreement is a service contract within the meaning of §§ 611 et seq. German Civil Code. The specific scope of services is set out in the respective maintenance quote.
(2) Typical maintenance services include: updating software dependencies, security updates, minor content management, and technical support within the agreed scope. Major changes or extensions are not included in the maintenance agreement and are commissioned separately.
(3) The maintenance agreement is concluded for an indefinite period or for the minimum term stated in the quote.
(4) For monthly billing, either party may terminate the maintenance agreement with one (1) month's notice to the end of a calendar month.
(5) For annual billing, the maintenance agreement may be terminated with three (3) months' notice prior to the end of the respective contract year.
(6) The right to terminate for good cause without notice remains unaffected.
(7) Termination must be in text form (e.g. by email).
(8) The monthly or annual maintenance fee is set out in the respective quote. For annual billing, the fee is due at the beginning of the contract year.
(9) The Contractor is entitled to adjust the maintenance fee with six weeks' notice prior to the next billing period. Consumers have a special right of termination in the event of a price increase.
(1) The Contractor's liability towards business clients is limited to damages caused by intentional or grossly negligent conduct by the Contractor or its agents. In cases of ordinary negligence, liability is limited to breaches of material contractual obligations (cardinal obligations), capped at the typically foreseeable damage.
(2) The Contractor's total liability towards business clients is capped at the net value of the respective project, except in cases of intent or gross negligence.
(3) Liability for indirect damages, loss of profit, or data loss is excluded towards business clients to the extent permitted by law.
(4) Towards consumers, statutory liability rules apply without restriction. In particular, the Contractor is fully liable for damages arising from injury to life, body, or health, and for damages caused by intentional or grossly negligent conduct.
(5) The Contractor is only liable for data loss to the extent that such loss would have been unavoidable even with proper data backup by the Client. The Client is responsible for regularly backing up their own data.
(6) The liability limitations do not apply to claims under the German Product Liability Act or in cases of fraudulent concealment of a defect.
(1) The Contractor warrants that the work conforms to the agreed specifications at the time of acceptance and is free from material defects.
(2) The warranty period for business clients is one (1) year from acceptance. For consumers, the statutory warranty period applies (two years from acceptance).
(3) In the event of defects, the Client is initially entitled to remediation. The Contractor may choose to remedy the defect or recreate the work. If remediation fails twice, the Client may demand a price reduction or withdrawal from the contract.
(4) Defects resulting from improper modifications or interventions by the Client or third parties are excluded from the warranty, unless the Client can prove that the defect is not attributable to such interventions.
(5) Changes to the technical environment after acceptance (e.g. browser updates, OS updates, third-party API changes) do not give rise to warranty claims.
(1) Both parties undertake not to disclose confidential information of the other party that comes to their knowledge in the course of cooperation, and to use it solely for the purpose of performing the contract.
(2) The Contractor processes personal data of the Client solely for the purpose of fulfilling the contractual relationship. Further details are set out in the Privacy Policy at benetos.dev/en/datenschutz.
(1) These GTC are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that the protection it affords is not overridden by mandatory provisions of the law of the country in which the consumer is habitually resident.
(2) The place of jurisdiction for disputes with business clients is Hannover, Germany. For consumers, the statutory place of jurisdiction applies.
(3) Should any individual provision of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that most closely reflects its economic purpose. The same applies to any gaps.
(4) Amendments and supplements to these GTC must be made in text form. This also applies to any waiver of this text form requirement.
(5) The Contractor is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
For the development and operation of digital products and Software-as-a-Service (SaaS) solutions, the following additional provisions apply: The contractor owes the agreed service according to the state of the art. Maintenance and operational services (retainer) are billed monthly and may be terminated with 30 days' notice to the end of the month. In the event of payment default exceeding 14 days, the contractor is entitled to suspend operation of the service.
After completion, the product is handed over to the client for acceptance. Acceptance is deemed to have occurred if the client does not report substantiated defects in writing within 10 working days. Source code and access credentials are transferred upon full payment.
Last updated: February 2026 · Ioannis Benetos · hello@benetos.dev