General Terms and Conditions (GTC)
The following General Terms and Conditions (GTC) apply to all contracts, services and offers between BTECH SOLUTIONS (hereinafter the “Contractor”) and its clients.
These GTC apply exclusively to entrepreneurs within the meaning of Section 14 BGB who conclude the contract in the course of their commercial or self-employed professional activity (B2B).
Contracts with consumers within the meaning of Section 13 BGB are not concluded through this offering. Anyone making an enquiry for a business confirms, by accepting the individual offer, that they act as an entrepreneur or are authorised to act for one.
1. Scope
These GTC apply to all services of the Contractor, in particular in the areas of website development, web design, technical consulting, optimisation of existing websites, project-related development services as well as project-related activities within the scope of external freelance or consulting services.
Deviating conditions of the client do not apply unless their validity has been expressly agreed to in writing.
2. Subject matter of the contract
The subject matter of the contract is the provision of individually agreed services in the field of web and software development.
The specific scope of services arises exclusively from the respective offer, the service description or the project contract. General statements on the website do not constitute a binding offer.
2a. Freelance and project-related services
The Contractor provides services either within the scope of independent project responsibility or as an external freelancer on a project-related basis.
For freelance services, the Contractor owes the agreed activity, but not a specific economic or technical success, unless expressly agreed otherwise.
In freelance assignments, the Contractor is not subject to instructions regarding working time, place of work or internal organisation and is not integrated into the client's operational organisation.
An employee-like status is expressly excluded.
3. Conclusion of contract
A contract is concluded as soon as an offer from the Contractor is confirmed by the client in writing (e.g. by email).
Verbal side agreements require written confirmation to be effective.
4. Client's duties to cooperate
The client undertakes to provide all content, information, access data and approvals required for carrying out the project in good time.
Delays or additional work arising from missing or delayed cooperation are not at the Contractor's expense and may be remunerated separately.
4a. Content, cooperation and project start
The client undertakes to provide all content required for the implementation of the project completely and in a usable form.
Texts are to be provided to the Contractor in digital form as text files (e.g. DOCX, TXT or comparable formats).
If agreed content is not provided, or not provided in full, the Contractor is entitled, after prior consultation, to use AI-assisted or generic placeholder content as a substitute.
The development and implementation period only begins once all agreed content has been fully handed over.
Delays due to late provision extend project timeframes accordingly.
AI-assisted content does not replace legal or professional review by the client.
5. Remuneration and payment terms
Remuneration is based on the respective agreed offer. All stated prices are final prices.
The Contractor makes use of the small business regulation pursuant to § 19 UStG. Therefore, no value-added tax is shown.
Fixed-price projects
For fixed-price projects, the agreed price relates exclusively to the described scope of services.
- 60% of the remuneration upon placement of the order
- 40% before handover of the completed service
Handover only takes place after full receipt of payment.
Hourly-based services
Hourly-based services are billed according to actual effort in time units of 15 minutes each.
Care and maintenance packages
Maintenance services are provided exclusively on the basis of a separate agreement.
6. Handover, operation and hosting
After completion of the project and full payment, handover takes place.
Hosting and ongoing operation are – unless otherwise agreed – the responsibility of the client.
7. Rights of use
After full payment, the client receives an unlimited right of use in terms of time and place.
The Contractor is entitled to use the services for reference purposes.
8. Liability
The Contractor is liable without limitation for damage based on intentional or grossly negligent conduct.
In the event of slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for the contract.
Liability for indirect damage, in particular lost profit, missed savings or other consequential damage, is excluded to the extent legally permissible.
Website analyses and technical assessments
Free website analyses and full technical audits constitute a technical assessment based on publicly accessible information, common analysis tools and professional experience.
They do not constitute legal advice, a binding guarantee or an assurance of specific economic or ranking-related results.
Search engine algorithms, technical conditions and market conditions are subject to constant change. No liability is accepted for ranking developments or specific performance values.
The implementation of recommended measures is carried out on the client's own responsibility, or by commissioned third parties.
For decisions made on the basis of an analysis or consultation, the Contractor accepts no liability, unless there is intentional or grossly negligent conduct.
9. Final provisions
The law of the Federal Republic of Germany applies. The place of jurisdiction is – to the extent legally permissible – the registered office of the Contractor (Hückeswagen, Germany).
Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.