This is a courtesy translation. Only the German version is legally binding.
This is a courtesy translation. Only the German version (deutsche Fassung) is legally binding. Dies ist eine unverbindliche Übersetzung. Nur die deutsche Fassung ist rechtsverbindlich.
General Terms and Conditions
Thomas Dimashki - SelixWeb.io
As of: 01.06.2026
§ 1 Scope of Application
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts for the provision of web design, web development, hosting, and maintenance services (hereinafter "Service Agreements") between
Thomas Dimashki
Thomas Dimashki Digital Services
c/o Autorenglück #74480, Albert-Einstein-Straße 47, 02977 Hoyerswerda, Deutschland
E-Mail: contact@selixweb.io
Telefon: +49 1512 957 0277
USt-IdNr.: DE454858523
(hereinafter "Provider")
and the customer (hereinafter "Customer") who concludes a Service Agreement via the platform https://selixweb.io.
(2) These GTC apply equally to consumers within the meaning of § 13 BGB (hereinafter "B2C Customers") and entrepreneurs within the meaning of § 14 BGB (hereinafter "B2B Customers"). Where individual provisions apply only to one group of customers, this is expressly indicated.
(3) These GTC govern exclusively Service Agreements (web hosting, maintenance, individual web development). The general use of the Website and the customer portal is governed by the separate Terms of Use.
(4) Deviating, conflicting, or supplementary general terms and conditions of the Customer shall only become part of the contract if the Provider has expressly agreed to their application in writing.
(5) The Provider is subject to the small business regulation (Kleinunternehmerregelung) pursuant to § 19 Abs. 1 UStG. Value-added tax is therefore neither shown nor charged.
§ 2 Conclusion of Contract
(1) The service descriptions and prices displayed on the Provider's website do not constitute a binding offer, but rather an invitation to submit an expression of interest (invitatio ad offerendum).
(2) The contract is concluded in the following steps:
a) Expression of Interest (Letter of Intent): The Customer selects a plan and the desired billing period (monthly or annually) and submits a non-binding expression of interest via the platform. This expression of interest does not yet constitute a contract and does not obligate the Customer to make payment.
b) Qualification and Contract Offer: The Provider reviews the expression of interest, clarifies the scope of services with the Customer if necessary, and prepares a binding contract offer as a PDF document (hereinafter "Contract Document"). The Contract Document contains the specific service description, prices, contract term conditions, the withdrawal notice (for B2C Customers), and the model withdrawal form. The Provider signs the Contract Document in advance.
c) Contract Acceptance and Payment: The Customer reviews the Contract Document, signs it digitally, and makes the agreed payment. The contract is concluded upon mutual signing and receipt of payment.
d) Commencement of Service: The provision of services commences only after the contract has been fully concluded and payment has been received. If a B2C Customer has expressly requested early commencement of services in accordance with § 7 Abs. 4 of these GTC, the provision of services commences before the expiry of the withdrawal period.
(3) If the Customer fails to respond to queries from the Provider during the qualification process within a reasonable period, the expression of interest shall be treated as withdrawn. No payment obligation arises.
(4) The Customer has the option to withdraw the expression of interest free of charge at any time until the Contract Document is signed.
§ 3 Description of Services
(1) The Provider delivers services in the areas of web design, web development, web hosting, and maintenance on the basis of the respective agreed plan (Starter, Professional, Business, Custom). The specific scope of services is set out in the individual Contract Document.
(2) The Service Agreement comprises two legally distinct service components:
a) Works contract services (§§ 631 ff. BGB): One-time services such as initial setup, individual web design, customer-specific development work, and configuration. These services are directed towards the production of a specific work.
b) Service contract services (§§ 611 ff. BGB): Ongoing services such as web hosting, maintenance, technical support, and operation of the web presence. These services are provided on a continuous and ongoing basis.
(3) Depending on the contract, the Provider makes available one or two environments:
a) Acceptance environment (UAT): A pre-production environment in which the Customer can view and comment on progress. The provision of the acceptance environment constitutes the commencement of service delivery.
b) Production environment: The publicly accessible web presence reachable by end users.
(4) The Provider operates the hosting infrastructure in one availability zone (1 AZ) and targets an availability of 97% on an annual average (service level). Scheduled maintenance windows communicated to the Customer at least 48 hours in advance are not taken into account when calculating availability. Higher availability guarantees (SLA) may be individually agreed within the scope of a Custom plan.
(5) Payment processing is handled by the payment service provider Stripe. The Provider does not owe its own payment infrastructure.
§ 4 Prices and Payment
(1) The prices agreed at the time of conclusion of the contract as set out in the Contract Document apply. The Provider is subject to the small business regulation (Kleinunternehmerregelung) pursuant to § 19 Abs. 1 UStG; value-added tax is not charged. All invoices shall bear the notice "Umsatzsteuer wird gemäß § 19 Abs. 1 UStG nicht erhoben".
(2) The remuneration consists of the following components:
a) One-time setup fee: Due upon conclusion of the contract. The amount is determined by the selected plan and is set out in the Contract Document.
b) Ongoing fee (monthly or annual): Due at the beginning of each billing period. For monthly billing, payable monthly in advance; for annual billing, payable for the entire annual period in advance.
c) One-time add-on services: Due upon conclusion of the contract.
d) Ongoing add-on services: Due together with the ongoing fee.
e) Individual works services: Billed on a time-and-materials basis at an hourly rate of 89.00 EUR, unless otherwise agreed in the Contract Document.
(3) Payment is made exclusively via the payment service provider Stripe. The Customer ensures that a valid payment method is properly on file.
(4) If the Customer falls into arrears with payment, the statutory rules on default apply. Following an unsuccessful reminder with a reasonable grace period, the Provider may suspend the provision of services until payment is received (right of retention pursuant to § 273 BGB). Suspension of service does not release the Customer from their payment obligation.
(5) Traffic volume in excess of the volume included in the plan is billed separately in accordance with § 13 of these GTC.
§ 5 Term and Termination
Monthly Billing
(1) For monthly billing, the contract has an initial term of one month. It renews automatically for one further month at a time, unless terminated with one month's notice before the end of the respective billing month.
Annual Billing
(2) For annual billing, the contract has a fixed initial term of twelve months. Ordinary termination is excluded during this initial term. After expiry of the initial term, the contract transitions to a monthly continuation at the then-applicable monthly price. From that point, the contract may be terminated with one month's notice before the end of the respective billing month.
(3) The provision of paragraph 2 complies with the requirements of § 309 Nr. 9 BGB: the initial term does not exceed two years, after the initial term there is no tacit renewal for a further fixed term, and the notice period does not exceed one month.
Form of Termination
(4) Termination must be in text form (§ 126b BGB). It may be submitted by email to contact@selixweb.io or via the customer dashboard.
(5) Termination button (§ 312k BGB, B2C only): B2C Customers who concluded the contract online have access to a termination button in the customer dashboard pursuant to § 312k Abs. 2–6 BGB. Via the termination button, the Customer is directed to a confirmation page where they enter the contract identification, the type of termination, the effective date, and their name. The Provider confirms receipt of the termination immediately on a durable medium (email).
Extraordinary Termination
(6) The right of either party to terminate extraordinarily for good cause pursuant to § 314 BGB remains unaffected. Good cause exists in particular where:
a) the Customer is in arrears with payment of fees due despite two reminders;
b) the Customer repeatedly violates the acceptable use policy (§ 12) despite a warning;
c) the Provider fails to render the agreed service for a period of more than 30 consecutive days without a case of force majeure;
d) insolvency proceedings are opened over the assets of a party, or the opening of such proceedings is rejected for lack of assets.
Consensual Early Termination (Annual Contracts Only)
(7) During a current annual contract term, the parties may agree on a consensual early termination if a legitimate interest of the Customer exists (e.g. cessation of business, regulatory order to shut down the web presence). This provision constitutes a goodwill arrangement and does not create any legal entitlement.
a) From the date of agreement, the Customer is charged for two further months at the pro-rated annual price.
b) The remaining balance of the annual fee paid in advance is refunded to the Customer.
c) Example: Annual term 16.05.2026 to 15.05.2027, consensual termination on 13.12.2026 — billing through 15.02.2027, refund of the remaining three months (16.02. to 15.05.2027).
(8) Paragraph 7 does not apply where a party has a statutory right to immediate termination (in particular § 314 BGB or § 648a BGB). Statutory termination rights take precedence over contractual provisions.
§ 6 Price Adjustments
Annual Adjustment Based on Consumer Price Index
(1) The Provider is entitled to adjust the ongoing fees once per year in line with the development of the Consumer Price Index for Germany (Verbraucherpreisindex, VPI), published by the Federal Statistical Office (Destatis). The relevant figure is the percentage change in the VPI compared to the twelve months preceding the adjustment.
(2) Price adjustments are symmetric: if the VPI decreases, the price reduction is passed on to the Customer equally.
(3) For contracts with annual billing, the adjustment takes effect only at the start of the next contract term. Price increases during a current annual contract term are excluded.
Extraordinary Cost Adjustment
(4) In the event of demonstrable, significant changes (increases or decreases) in the Provider's infrastructure costs that go beyond the VPI adjustment, an additional proportionate adjustment is permissible. Infrastructure costs include in particular:
a) Hosting and cloud services (e.g. Cloudflare, Supabase);
b) Email services (e.g. Migadu);
c) Payment processing (e.g. Stripe fees);
d) Domain and SSL costs.
(5) The extraordinary cost adjustment may only reflect the proportional share of actual cost changes attributable to the individual Customer (total cost change divided by the number of active customers in the affected plan). Double-counting of cost increases already covered by the annual VPI adjustment is not permitted.
(6) Cost reductions are passed on to the Customer in the same manner as cost increases.
Notice and Special Right of Termination
(7) Any price adjustment will be communicated to the Customer in text form (email) at least six weeks before it takes effect. The notice shall contain the current and new price as well as the basis for the adjustment (VPI development or evidence of cost change).
(8) The Customer has a special right of termination in the event of any price increase. The special termination must be declared in text form within four weeks of receipt of the notice. If the Customer exercises their special right of termination, the contract ends at the time the price increase would have taken effect; until that point the previous price applies. If the Customer does not terminate within the deadline, the price adjustment is deemed approved.
§ 7 Right of Withdrawal (B2C Customers Only)
(1) Consumers within the meaning of § 13 BGB have a statutory right of withdrawal (Widerrufsrecht) for distance contracts pursuant to §§ 355 ff. BGB. The details of the right of withdrawal are set out in the withdrawal notice in § 8 of these GTC.
(2) B2B Customers: Customers who conclude the contract as entrepreneurs within the meaning of § 14 BGB have no statutory right of withdrawal. For B2B Customers, from the date of contract conclusion, exclusively the contractual termination provisions pursuant to § 5 of these GTC apply.
(3) Services with continuous performance (SaaS): For ongoing services such as the present web hosting and maintenance contract, the right of withdrawal does not expire before the end of the withdrawal period, as the service by its nature cannot be fully performed within the withdrawal period (§ 356 Abs. 4 BGB).
(4) Express request for early commencement of service: In order for the provision of services to commence before the expiry of the withdrawal period, the consumer must expressly request early commencement of services at the time of conclusion of the contract. This is done by activating the following declaration of consent (mandatory checkbox):
"I expressly request that the provision of services commences before the expiry of the withdrawal period. I acknowledge that in the event of withdrawal I owe proportionate compensation for the value of the services rendered up to that point."
(5) Compensation for value upon withdrawal (§ 357a Abs. 2 BGB): If the consumer withdraws from the contract within the withdrawal period and has previously requested early commencement of services, the consumer owes the Provider a proportionate payment for the value of the services rendered up to the date of withdrawal. The calculation is as follows:
a) Ongoing fee for monthly billing: (number of days used / 30) × monthly price.
b) Ongoing fee for annual billing: (number of days used / 365) × annual price.
c) Setup fee and individual works services: Pro-rated based on actual effort incurred (documented hours × 89.00 EUR/hour plus evidenced, project-related third-party costs), capped at the amount of the agreed setup fee or works service price.
(6) The consumer has the right to demonstrate that the value of the services rendered is less than the amount calculated pursuant to paragraph 5 (§ 357a Abs. 2 Satz 3 BGB).
(7) Refund: The Provider shall refund to the consumer the amount paid less the compensation owed, without undue delay and no later than 14 days after receipt of the notice of withdrawal, using the same means of payment that the consumer used for the original transaction.
(8) Withdrawal button (§ 356a BGB new version): From 19.06.2026, B2C Customers will have access in the customer dashboard to a withdrawal button pursuant to § 356a BGB in the version applicable from 19 June 2026, via which withdrawal may be declared directly.
(9) Cross-border contracts: The right of withdrawal under German law applies to all B2C Customers regardless of their country of residence. Within the framework of Regulation (EC) No. 593/2008 (Rome I), in particular Art. 6, mandatory consumer protection provisions of the country in which the consumer has their habitual residence remain unaffected to the extent they are more favourable to the consumer.
§ 8 Withdrawal Notice
Right of Withdrawal
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 conclusion of the contract.
To exercise your right of withdrawal, you must notify us
Thomas Dimashki
c/o Autorenglück #74480, Albert-Einstein-Straße 47, 02977 Hoyerswerda, Deutschland
E-Mail: contact@selixweb.io
by means of a clear declaration (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form, though this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, the Provider shall reimburse all payments received from you without undue delay and no later than fourteen days from the day on which the Provider received notification of your withdrawal. The Provider will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of this reimbursement.
If you requested that the services should begin during the withdrawal period, you shall pay the Provider a reasonable amount corresponding to the proportion of the services already performed up to the point at which you notified the Provider of the exercise of the right of withdrawal, compared with the total coverage of the contract.
§ 9 Model Withdrawal Form
(If you wish to withdraw from the contract, please complete and return this form.)
To:
Thomas Dimashki
c/o Autorenglück #74480, Albert-Einstein-Straße 47, 02977 Hoyerswerda, Deutschland
E-Mail: contact@selixweb.io
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service:
— Description of the service: ______________________
— Ordered on (*) / received on (*): ______________________
— Name of the consumer(s): ______________________
— Address of the consumer(s): ______________________
— Signature of the consumer(s) (only if notified on paper): ______________________
— Date: ______________________
(*) Delete as applicable.
§ 10 Works Contract and Individual Services
(1) Individual works services (e.g. individual web design, customer-specific development, configuration) are subject to the law on contracts for work (§§ 631 ff. BGB). Acceptance is carried out by the Customer pursuant to § 640 BGB. If the Customer refuses acceptance, the Customer must specifically identify the defects.
(2) The hourly rate for individual works services is 89.00 EUR, unless otherwise agreed in the Contract Document.
(3) Termination of individual works contracts (§ 648 BGB): The Customer may terminate a works contract at any time. Deviating from § 648 Satz 2 BGB, the parties agree on the following remuneration arrangement upon termination:
a) The Provider receives remuneration for the services rendered up to the date of termination on a time-and-materials basis (hourly rate: 89.00 EUR/hour) plus evidenced, project-related third-party costs (e.g. AI services, tool licences, domain registrations) that were actually incurred and are non-recoverable.
b) The remuneration is capped at the amount of the agreed total price for the relevant works service.
c) The consumer retains the right to demonstrate that a lower amount of work was incurred.
(4) The Provider maintains time records for each project, which shall be made available to the Customer upon request.
§ 11 Setup Fee
(1) The one-time setup fee is due upon conclusion of the contract and covers the initial establishment of the web presence, including server provisioning, domain setup, initial configuration, and where applicable, initial design.
(2) During the withdrawal period (B2C): If the consumer withdraws within the 14-day withdrawal period, the compensation for the value of the setup fee is governed by § 7 Abs. 5 Buchstabe c of these GTC (pro-rated effort based on documented hours and third-party costs, capped at the amount of the setup fee).
(3) After expiry of the withdrawal period: If the setup works service has been fully performed, the setup fee is non-refundable. If the setup works service has not yet been completed at the time of termination, the remuneration provisions of § 10 Abs. 3 of these GTC apply.
§ 12 Acceptable Use Policy
(1) The web presence provided by the Provider may only be used for the purpose agreed in the Contract Document. In particular, use of the web presence for the following purposes is prohibited:
a) as an image hosting service (embedding of images by third parties, known as hotlinking);
b) as a file hosting or file sharing platform;
c) as a CDN source (Content Delivery Network) for third-party applications;
d) for cryptocurrency mining or other computationally intensive background processes;
e) for the dissemination of unlawful content, in particular content that is unlawful under German criminal law or the Digitale-Dienste-Gesetz (DDG).
(2) Enforcement: In the event of violations of this acceptable use policy, the following escalation procedure applies:
a) Warning: The Provider notifies the Customer in writing of the violation and grants a reasonable remedy period of at least seven days.
b) Throttling or suspension: If the remedy is not carried out within the period, the Provider is entitled to throttle or suspend the service temporarily.
c) Extraordinary termination: In the event of repeated or serious violations, the Provider is entitled to extraordinary termination for good cause pursuant to § 314 BGB.
(3) Excess traffic volume caused by unauthorised use is billed at the applicable overage fee pursuant to § 13, regardless of the volume included in the plan.
§ 13 Traffic Volume and Overage
(1) The monthly fee for each plan includes a data transfer volume (traffic) of 10 GB per calendar month, unless otherwise agreed in the Contract Document (in particular for Custom plans).
(2) In the event that the included transfer volume is exceeded, an additional charge of 4.00 EUR per commenced 10 GB applies. Billing takes place in the subsequent billing period or as a separate invoice.
(3) Transfer volume is measured server-side (CDN-based). The Provider shall make usage reports on traffic consumption available to the Customer upon request.
(4) The Customer will be automatically notified when 80% and 100% of the included transfer volume is reached.
(5) In the event of persistent overage of the included volume (three or more consecutive months), the Provider may recommend a plan upgrade to the Customer. No throttling of the service occurs due to traffic volume overage; throttling is reserved for violations of the acceptable use policy (§ 12).
§ 14 Plan Changes
Change from Monthly to Annual (Upgrade)
(1) A change from monthly to annual billing is possible at any time. By making the change, the Customer commits to a new twelve-month contract term at the annual price. Unused days of the current month are credited pro-rata against the annual payment. The change is documented by a contract supplement and confirmed to the Customer by email.
Change from Annual to Monthly (Downgrade)
(2) A change from annual to monthly billing is not possible during the current twelve-month contract term, as the Customer has made a binding commitment for that term. After expiry of the twelve-month initial term, the contract automatically transitions to monthly continuation at the monthly price (§ 5 Abs. 2). The Customer may choose to commit to an annual term at the annual price at any time.
§ 15 Warranty and Liability
Warranty
(1) For works contract services, the statutory warranty rights pursuant to §§ 633 ff. BGB apply. Defects must be reported to the Provider without undue delay after discovery, in text form. The Provider has the right to remedy the defect in the first instance (§ 635 BGB).
(2) For service contract services (hosting, maintenance), the Provider is obligated to deliver the contractually agreed availability (§ 3 Abs. 4). If the Provider falls short of the agreed service level over a billing period, the Customer is entitled to a pro-rated credit for the service not rendered.
Liability
(3) The Provider is liable without limitation for damages arising from injury to life, body, or health that are based on a negligent or intentional breach of duty by the Provider or its vicarious agents.
(4) The Provider is liable without limitation for damages based on intentional or grossly negligent conduct by the Provider or its vicarious agents.
(5) In the event of a breach of material contractual obligations (cardinal obligations) whose fulfilment is essential for the proper performance of the contract and on whose observance the Customer may regularly rely, the Provider is also liable for slight negligence, but limited in amount to the foreseeable damage typical for this type of contract. In this case, liability is capped at the amount of remuneration paid by the Customer in the preceding twelve months, subject to a minimum of 500.00 EUR.
(6) Otherwise, the Provider's liability for slight negligence is excluded.
(7) The liability limitations of paragraphs 5 and 6 do not apply to claims under the Produkthaftungsgesetz (Product Liability Act), in cases of fraudulent concealment of a defect, or where a guarantee has been assumed.
(8) The Provider is not liable for the loss of Customer data to the extent that the Customer has failed to carry out reasonable independent data backups. The Provider advises the Customer that regular independent data backups are recommended.
(9) To the extent that the Provider's liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and vicarious agents.
§ 16 Intellectual Property
(1) Pre-existing rights: Each party retains the rights to their pre-existing intellectual property rights (e.g. the Provider's source code frameworks, the Customer's content and trademarks). The contract does not effect a transfer of pre-existing rights.
(2) Content created under the contract: Individual content created on behalf of the Customer (texts, images, graphics, individual design elements) becomes the property of the Customer upon full payment. This does not include the underlying technical infrastructure, frameworks, libraries, templates, and standard components of the Provider.
(3) Provider's right of use: The Provider is granted a simple, non-transferable right of use in the content provided by the Customer, limited in time to the contract term, to the extent necessary for the performance of the contract.
(4) Right of reference: The Provider is entitled to reference the web presence created for the Customer in its portfolio, unless the Customer objects. The objection may be raised informally at any time.
(5) Buyout option: The full transfer of all rights to the technical implementation (including source code, templates, and configuration) may be agreed as a separate option in the Contract Document. The type, scope, and remuneration of a buyout are governed by the individual agreement.
§ 17 Data Protection
(1) The Provider processes the Customer's personal data exclusively within the framework of applicable data protection regulations, in particular Regulation (EU) 2016/679 (Datenschutz-Grundverordnung, DSGVO) and the Bundesdatenschutzgesetz (BDSG).
(2) The nature, scope, and purpose of the processing of personal data, as well as the rights of data subjects, are set out in the Provider's separate Privacy Policy, available at https://selixweb.io/de/legal/privacy-policy.
(3) To the extent that the Provider processes personal data on behalf of the Customer in the course of performing the contract (data processing pursuant to Art. 28 DSGVO), the parties shall conclude a separate data processing agreement (Auftragsverarbeitungsvertrag, AVV).
(4) The Provider engages sub-processors for the provision of its services (e.g. hosting providers, payment service providers). A current list of sub-processors is contained in the Privacy Policy.
§ 18 Data Export upon Termination of Contract
(1) The Customer may request the export of their data from the Provider within 30 days after the end of the contract, in text form.
(2) The Provider shall make the data available within 30 days of receipt of the export request in the following formats:
a) Website data: HTML/CSS export;
b) Database data: database export (dump);
c) Media files: archive (e.g. ZIP).
(3) After expiry of the export period (30 days after the end of the contract) plus a grace period of a further 30 days, the Provider shall irreversibly delete all customer-specific data, unless statutory retention obligations preclude this.
(4) Statutory retention obligations (in particular § 147 AO for business records and accounting documents: six to ten years) remain unaffected. The Provider stores the data subject to retention obligations exclusively for the legally prescribed purpose and period.
§ 19 Amendments to the GTC
(1) The Provider is entitled to amend these GTC for future contract periods where this is required due to changes in legislation, supreme court decisions, changed market conditions, or the further development of the range of services.
(2) Amendments to the GTC do not take effect by means of unilateral declaration. The Provider expressly waives a unilateral right of amendment within the meaning of § 308 Nr. 4 BGB.
(3) Instead, the following procedure applies:
a) The Provider publishes the new version of the GTC on the Website and notifies all active Customers by email of the changes. The notification shall contain a comparison of the material changes.
b) The Customer is asked to actively accept the new version of the GTC.
c) If the Customer accepts the new version, it applies from the start of the next billing period.
d) If the Customer rejects the new version or does not respond, the last accepted version of the GTC continues to apply until the end of the current contract term. At the latest upon the next contract renewal, the Customer must accept the current version of the GTC in order to continue the contract.
(4) Each version of the GTC is identified by a version number and an effective date. The Customer's acceptance of a particular version of the GTC is recorded with a timestamp and version number.
§ 20 Dispute Resolution
Pursuant to § 36 VSBG: We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).
§ 21 Final Provisions
(1) Applicable law: The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For B2C Customers habitually resident in another country, the mandatory consumer protection provisions of the country of residence remain unaffected pursuant to Art. 6 of Regulation (EC) No. 593/2008 (Rome I), to the extent they are more favourable to the consumer.
(2) Place of jurisdiction (B2B only): If the Customer is a merchant within the meaning of the Handelsgesetzbuch (Commercial Code), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Hoyerswerda or Dresden (§ 38 ZPO). The Provider is entitled to bring proceedings against the Customer at the Customer's general place of jurisdiction as well.
(3) Place of jurisdiction (B2C): For consumers, the statutory place of jurisdiction pursuant to §§ 12 ff. ZPO (place of residence of the consumer) applies. Jurisdiction agreements to the detriment of consumers are invalid (§ 38 Abs. 1 ZPO in conjunction with § 40 Abs. 2 ZPO).
(4) Text form: Where these GTC require text form (§ 126b BGB), email suffices. Written form (§ 126 BGB) is required only where expressly stipulated.
(5) Severability clause: Should any provision of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a valid provision that comes closest to the economic purpose of the invalid provision. The same applies to any gaps in the provisions. This provision applies only in B2B relationships; in B2C relationships, any invalid GTC clauses are replaced by the statutory provisions (§ 306 Abs. 2 BGB).
(6) Text form clause: Ancillary agreements, additions, and amendments to this contract require text form. This also applies to the cancellation of this text form requirement.
(7) Assignment (B2B only): If the Customer is an entrepreneur (§ 14 BGB), the Customer may only assign or transfer rights and obligations under this contract to third parties with the prior written consent of the Provider. This restriction does not apply to consumers (§ 13 BGB). The Provider is entitled to transfer its rights and obligations under this contract to a legal successor, provided that the Customer's interests are preserved.