Terms and Conditions

These Terms and Conditions (hereinafter "T&C") apply to all contracts for the creation of websites, web applications, mobile applications, and other digital services concluded between Flare Solutions (Owner: Hannes Werner, hereinafter "Contractor") and its clients (hereinafter "Client").

Deviating, conflicting, or supplementary terms and conditions of the Client shall not become part of the contract unless their validity is expressly agreed to in writing.

2.1 Offers

All offers by the Contractor are non-binding and subject to change. They merely constitute an invitation to submit an offer. Prices and delivery times are only binding if they have been expressly declared as binding by the Contractor or stipulated in an order confirmation.

2.2 Contract Conclusion

The contract is concluded by the Contractor's written order confirmation, which is sent within 14 days of the order being placed. Oral side agreements require written confirmation by the Contractor to be effective.

2.3 Subject of Contract

The subject of the contract comprises digital services such as web design, web development, the development of web applications and mobile applications, AI-based systems such as chatbots, hosting, maintenance, and other IT services as specified in the order or order confirmation. The exact scope of services is defined in the respective offer or service description.

2.4 Change Requests

Change requests by the Client after contract conclusion may result in additional costs and will be charged separately based on effort. The Client will be informed of any additional costs in advance.

3.1 Prices

All prices are in euros and exclude statutory VAT unless otherwise stated. Prices apply to the scope of services defined in the offer.

3.2 Payment Terms

Unless otherwise agreed, payment shall be made as follows:

• Upon contract conclusion: 50 % of the total price as advance payment
• Upon completion/acceptance: 50 % of the total price as final payment

Invoices are due for payment without deduction within 14 days of the invoice date, unless other payment terms have been expressly agreed.

3.3 Default

If the Client is in default of payment, default interest will be charged. This amounts to 5 percentage points above the base interest rate for consumers, and 9 percentage points above the base interest rate for businesses. The right to claim further damages is reserved.

3.4 Ongoing Services (All-Round Package)

The all-round package is an optional, monthly-billed continuing service and can only be booked together with a project (one-time service), not separately. Depending on the product it covers in particular hosting, domain and SSL management, security and system updates, backups, monitoring and technical support.

For websites the monthly fee is based on the number of subpages. The tiers that apply are those set out in the quote underlying the contract. Later changes to the Contractor's price list apply only to newly concluded contracts and do not affect existing ones. For web applications and mobile applications a flat fee without reference to page count applies.

The agreed fee remains unchanged unless the parties agree otherwise; the Contractor is not entitled to increase it unilaterally. The scope of the service owed – in particular any hour allowance – is however determined by the agreed tier. If the website exceeds the subpage limit of that tier, for example because the Client adds further subpages via a content management system, the agreed fee and the agreed scope of service remain in place; effort beyond that is billed in accordance with paragraph 4. The Contractor shall notify the Client in text form as soon as it becomes aware of the excess and shall offer a change to the appropriate tier; such a change requires the Client's consent and takes effect at the earliest from the beginning of the calendar month following the agreement, never retroactively. If the number of subpages falls permanently below the limit of a lower tier, the Client may request a change to that tier effective from the beginning of the following month; such a request takes effect in the Client's favour without the Contractor's consent.

Where the agreed tier provides a monthly hour allowance for content changes, that allowance relates to the respective calendar month and is not carried over to subsequent months. Remedying defects and malfunctions is not counted against the allowance. Change requests exceeding the allowance are billed according to time and effort; Section 2.4 applies accordingly.

4.1 Service Delivery

Services are provided in accordance with the specifications defined in the offer or order confirmation. The Contractor is entitled to engage subcontractors for service delivery.

4.2 Deadlines

Delivery times are only bindingly committed to by the Contractor if they have been expressly confirmed as binding. The delivery period begins on the date of the order confirmation, but not before receipt of an agreed advance payment and not before the Client has provided all required materials and information.

4.3 Cooperation Obligations

The Client shall provide the Contractor with all data, texts, images, and other materials required for the execution of the project in a timely manner and in a suitable format. Delays due to late delivery by the Client shall extend the delivery time accordingly.

4.4 Special Provisions for Mobile Applications

Publication of a mobile application requires approval by the respective store operator (in particular Apple App Store, Google Play). Such approval is outside the Contractor's sphere of influence; a specific publication outcome is therefore not owed. The Contractor owes the creation of an application that complies with the store guidelines applicable at the time of acceptance, as well as support during submission. If the application is rejected for reasons attributable to the Contractor, the Contractor will remedy this without additional remuneration. The Client maintains the required developer accounts at their own expense unless agreed otherwise. Adjustments due to subsequent changes to store guidelines or operating systems constitute change requests within the meaning of Section 2.4.

4.5 Special Provisions for AI-Based Systems

AI-based systems such as chatbots rely on language models provided by third parties. Their outputs are not predetermined but generated anew for each request; despite careful configuration they may therefore be incomplete or factually incorrect in individual cases. The Contractor owes the contractual setup, integration and basic configuration of the system including the agreed knowledge base, but not the factual accuracy of each individual response. The Client ensures that legally binding statements – in particular regarding prices, deadlines and commitments – are not based solely on outputs of the system. Statutory warranty for the services owed remains unaffected: a system that systematically fails to reproduce the agreed knowledge base, or that is manifestly unfit for the contractually assumed use, is defective.

The Contractor technically implements the notice required under Article 50(1) of Regulation (EU) 2024/1689 (AI Act) informing users that they are interacting with an AI system. The Client remains responsible for operating the system lawfully within their own presence – including data protection information for users and compliance with further obligations under the AI Act; the allocation of roles under the AI Act is to be determined on a case-by-case basis. The Client may not remove the notice or impair its perceptibility.

The availability, scope and terms of the model provider used may change or cease. If a model is discontinued or materially changed, the Contractor will agree an adjustment with the Client; the services required for this constitute change requests within the meaning of Section 2.4 unless covered by an ongoing care package. The Contractor is not liable for outages or changes at the model provider.

The Client is obliged to accept the completed services within 14 days of the completion notification. Acceptance is effected by express declaration or by use of the service in productive operation.

If the Client refuses acceptance without specifying defects or allows the acceptance period to expire, the service shall be deemed accepted.

6.1 Usage Rights

Upon full payment, the Client receives exclusive rights of use, unlimited in time and territory, to the works created specifically for them for the agreed purpose. Rights in standard and third-party components used (in particular open-source libraries, frameworks, fonts and stock material) and in the Contractor's reusable building blocks are not transferred; for these the Client receives a simple, temporally unlimited right of use within the scope of the agreed purpose. The licence terms of the respective rights holders remain unaffected and will be named on request.

6.2 Retention of Title

Until all claims have been paid in full, all rights to the created works remain with the Contractor.

6.3 Reference

The Contractor is entitled to refer to the business relationship with the Client on its own website and in promotional materials, and to mention the project as a reference, unless otherwise agreed.

7.1 Material Defects

The Contractor warrants that the services are free from defects at the time of acceptance that would eliminate or significantly reduce the value or suitability for the ordinary or contractually intended use.

7.2 Defect Notification

The Client must report obvious defects in writing without delay, but no later than 14 days after acceptance. Hidden defects must be reported without delay after their discovery.

7.3 Supplementary Performance

In the case of justified defect claims, the Contractor is entitled to choose between repair or replacement delivery. If supplementary performance fails twice, the Client may withdraw from the contract or reduce the remuneration.

7.4 Warranty Period

The warranty period for businesses is 12 months from acceptance. For consumers, the statutory warranty periods apply.

8.1 Limitation of Liability

The Contractor is liable without limitation for intent and gross negligence. In the case of slight negligence, the Contractor is only liable for breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the foreseeable, contract-typical damages at the time of contract conclusion.

8.2 Exclusion of Liability

The above limitations of liability do not apply in cases of injury to life, body, or health, or under the Product Liability Act.

8.3 Data Backup

The Client is responsible for regularly backing up their data. The Contractor is not liable for data loss resulting from the Client's failure to back up data.

9.1 Right of Withdrawal

Consumers have a right of withdrawal in accordance with the following provisions. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of contract conclusion.

9.2 Exercising the Right of Withdrawal

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post or an email).

9.3 Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to contracts for the supply of digital content that is not supplied on a tangible medium, if performance has begun after the consumer expressly consented and acknowledged that they lose their right of withdrawal upon the commencement of performance.

(If you wish to withdraw from the contract, please complete this form and return it.)

10.1 Ordinary Termination

Continuing obligations (e.g., the all-round package, maintenance or hosting contracts) have a minimum term of six months from the start of the contract. They are subsequently extended automatically by one month at a time and may be terminated by either party with four weeks' notice to the end of the respective contract month. Deviating agreements in the quote take precedence.

10.2 Extraordinary Termination

The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the other party significantly breaches the contract despite a warning.

12.1 Severability Clause

Should individual provisions of these T&C be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid regulation whose effects come closest to the economic objective.

12.2 Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

12.3 Jurisdiction

If the Client is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Contractor's place of business.

12.4 Written Form

Amendments and additions to these T&C as well as side agreements require written form to be effective. This also applies to the waiver of this written form clause.

12.5 Consumer Dispute Resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.