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 Origin Labs / Triccon GmbH (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, app development, 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: 40% of the total price as advance payment
• Upon completion/acceptance: 60% 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.

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.

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, unlimited usage rights in terms of time and territory for the created works for the agreed purpose.

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., maintenance or hosting contracts) can be terminated by either party with 3 months' notice to the end of the month.

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.