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Terms & Conditions

General Terms and Conditions of Senorit Digital Agency

Preamble

The following General Terms and Conditions (T&C) apply to all contracts between Senorit Digital Agency (hereinafter "Contractor" or "Senorit") and the Client (hereinafter "Customer" or "Client") for the provision of services in the areas of web design, web development, SEO, online marketing, branding and related digital services.

Senorit Digital Agency
Seeschwalbentwiete 23
22119 Hamburg
Germany

§ 1 Scope of Application

(1) These General Terms and Conditions apply to all contracts concluded between the Contractor and the Customer for the provision of services in the field of digital services, in particular web design, web development, search engine optimization (SEO), online marketing, branding, content creation and related services.

(2) Deviating, conflicting or supplementary General Terms and Conditions of the Customer shall only become part of the contract to the extent that the Contractor has expressly agreed to their validity in writing.

(3) These T&C also apply to all future business with the Customer, insofar as these are legal transactions of a related nature.

(4) Should individual provisions of these T&C be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.

§ 2 Offer and Contract Formation

(1) Offers by the Contractor are subject to change and non-binding unless expressly marked as binding. Offers are generally valid for 30 days from the offer date unless otherwise stated.

(2) The contract is concluded through written order confirmation by the Contractor or through commencement of service provision. A verbal commitment is considered provisional and requires written confirmation.

(3) All agreements made between the Contractor and the Customer for the purpose of executing this contract must be recorded in writing in this contract or in the order confirmation.

(4) Amendments and supplements to the contract require written form to be effective. This also applies to the waiver of this written form requirement.

(5) Technical specifications, illustrations, drawings, weight and dimensional data in brochures and other documents are only binding if this has been expressly agreed in writing.

§ 3 Scope of Services

(1) The scope of services to be provided results from the service description in the order confirmation or a separate specification document. Subsequent changes to the service content require written confirmation.

(2) The Contractor is obliged to provide the agreed services according to the state of the art. An obligation to achieve a specific result (work contract) only exists if this has been expressly agreed in writing.

(3) The Customer shall provide the Contractor with all information, documents and access required for the provision of services in a timely and complete manner. This includes in particular:

  • Texts, images, logos and other content
  • Access credentials for hosting, domain, CMS and other relevant systems
  • Corporate design guidelines, style guides and brand guidelines
  • Feedback and approvals for agreed milestones

(4) Delays caused by incomplete or late provision of information by the Customer are not the responsibility of the Contractor and may result in schedule delays and additional costs.

(5) Additional services not included in the original scope of services (e.g., additional design iterations, feature extensions) will be charged separately and require prior customer approval.

§ 4 Prices and Payment Terms

(1) All prices are in Euro (EUR) plus statutory value added tax. Prices apply to the scope of services specified in the order confirmation.

(2) Unless otherwise agreed, the following payment terms apply:

  • At project start: 30% down payment
  • At interim acceptance: 40% of total amount
  • At final acceptance: 30% remaining balance

All invoices are payable within 14 days of invoice date without deduction.

(3) In case of payment default, the Contractor is entitled to charge default interest at a rate of 9 percentage points above the base rate. The assertion of higher default damages remains reserved.

(4) The Customer is only entitled to offset if their counterclaims have been legally established or are undisputed. The Customer is only entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

(5) For orders billed on an hourly basis, billing is done monthly in arrears based on actual hours worked.

(6) Costs for external service providers, licenses, stock photos, plugins, domains, hosting and similar third-party services will, unless otherwise agreed, be charged additionally and must be paid by the Customer directly or through cost reimbursement.

§ 5 Delivery Periods and Deadlines

(1) Delivery periods and deadlines are only binding if they have been expressly confirmed in writing as binding by the Contractor.

(2) Delivery periods begin upon contract conclusion but require that the Customer has provided all necessary information, documents and approvals in a timely manner.

(3) In case of delays not attributable to the Contractor (e.g., force majeure, strikes, failure of suppliers, delayed delivery of customer information), delivery and performance periods shall be extended appropriately.

(4) The Customer may only withdraw from the contract if the Contractor has not provided the service even after expiry of a reasonable grace period and this is attributable to the Contractor.

(5) Partial deliveries are permissible insofar as they are reasonable for the Customer.

§ 6 Customer Cooperation Obligations

(1) The Customer undertakes to support the Contractor in the provision of services and in particular to:

  • Provide all required information, content and documents in a timely manner
  • Grant access to relevant systems, platforms and tools
  • Designate contact persons for queries and ensure their availability
  • Provide feedback and approvals within agreed deadlines
  • Conduct tests and acceptances as required

(2) The Customer ensures that all content provided by them (texts, images, videos, etc.) is free from third-party rights or that they have the necessary usage rights. The Customer shall indemnify the Contractor against all third-party claims resulting from the violation of this obligation.

(3) If the Customer fails to fulfill their cooperation obligations, the Contractor is entitled to suspend work. Additional costs and delays are at the Customer's expense.

(4) The Customer is obliged to review drafts and intermediate results created by the Contractor within 14 days of submission and communicate any change requests. After expiry of this period, the service is deemed approved by the Customer.

§ 7 Acceptance

(1) For work contracts, the Customer is obliged to accept the completed service within 14 days of notification of completion, provided there are no significant defects.

(2) Acceptance must be in writing. Minor defects that do not significantly impair usability do not entitle refusal of acceptance. Such defects must be documented in an acceptance protocol and will be remedied as soon as possible.

(3) If the Customer does not accept the service within the deadline or uses the service productively, acceptance is deemed to have been granted tacitly.

(4) Upon acceptance, the risk of accidental loss and accidental deterioration passes to the Customer.

§ 8 Warranty and Defect Claims

(1) The Contractor warrants that the services provided have the agreed quality at the time of acceptance and are free from defects that eliminate or reduce suitability or use.

(2) The warranty period is 12 months from acceptance.

(3) Defects must be notified by the Customer immediately in writing. The Customer must give the Contractor the opportunity for subsequent performance. The Contractor is entitled to remedy the defect or provide the service anew at their discretion.

(4) If subsequent performance fails twice, the Customer may, at their discretion, demand a reduction or withdraw from the contract. In case of only insignificant defects, withdrawal is excluded.

(5) No warranty is provided for defects attributable to improper handling, natural wear and tear, incorrect or negligent use, interventions by the Customer or third parties, or other circumstances not attributable to the Contractor.

(6) Updates and maintenance work on third-party software (e.g., CMS, plugins, frameworks) are not part of the warranty but can be agreed separately.

§ 9 Liability

(1) The Contractor has unlimited liability for intent, gross negligence, for injury to life, body or health, and according to the provisions of the Product Liability Act.

(2) In case of slight negligence, the Contractor is only liable for breach of essential contractual obligations (cardinal obligations). Liability in this case is limited to the contract-typical, foreseeable damage.

(3) Liability for indirect damages, consequential damages and lost profits is excluded unless these damages were caused intentionally or through gross negligence.

(4) The Customer is obliged to perform regular data backups. The Contractor is not liable for data loss that could have been prevented by appropriate data backup measures by the Customer.

(5) Claims for damages become time-barred 12 months after knowledge of the damage and the damaging event, but no later than three years after service provision. This does not apply in cases of intent or gross negligence.

(6) The above liability limitations also apply in favor of the Contractor's employees, vicarious agents and legal representatives.

§ 10 Copyright and Usage Rights

(1) All works created within the scope of the order (designs, layouts, code, texts, concepts, etc.) are subject to copyright and remain the intellectual property of the Contractor unless otherwise agreed.

(2) Upon full payment of the agreed remuneration, the Customer receives the usage rights necessary for the agreed purpose. The scope of usage rights results from the contract purpose.

(3) Unless expressly agreed otherwise, usage rights are non-exclusive and geographically limited to Germany.

(4) The transfer of usage rights to third parties requires the prior written consent of the Contractor.

(5) The Contractor is entitled to refer to the cooperation with the Customer on their website and in their publications and to present completed projects in their portfolio, unless the Customer expressly objects.

(6) The Customer may not remove or alter copyright notices, copyright marks and other identifications of the Contractor.

(7) Drafts and concepts that are not implemented remain entirely the property of the Contractor. The Customer acquires no usage rights to them.

§ 11 Confidentiality

(1) Both contracting parties undertake to keep all confidential information obtained within the scope of the business relationship secret and to use it only for contract purposes.

(2) Confidential information is all information designated as confidential or whose confidentiality is evident from the circumstances.

(3) The confidentiality obligation does not apply to information that is publicly known or was known to the recipient before contract conclusion without a confidentiality obligation existing.

(4) The confidentiality obligation continues for a period of 3 years after termination of the contractual relationship.

§ 12 Termination and Withdrawal

(1) For service contracts of indefinite duration, either party may terminate with 4 weeks' notice to the end of the month, unless otherwise agreed.

(2) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in case of:

  • Payment default of more than 30 days despite reminder
  • Breach of essential contractual obligations
  • Opening of insolvency proceedings over the assets of a contracting party

(3) For project contracts, the Customer may cancel the project in writing at any time. In this case, services already rendered must be compensated. Furthermore, the Contractor is entitled to charge 25% of the outstanding remuneration as cancellation fee.

(4) Terminations must be in writing.

§ 13 Data Protection

(1) Both contracting parties undertake to comply with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).

(2) If the Contractor processes personal data on behalf of the Customer, a separate data processing agreement according to Art. 28 GDPR will be concluded.

(3) Further information on data processing can be found in the Privacy Policy of the Contractor.

§ 14 Hosting and Maintenance

(1) If the Contractor provides hosting or maintenance services, this is done on the basis of a separate agreement.

(2) The Contractor endeavors to achieve 99% availability of hosted services on an annual average. Maintenance work, force majeure and disruptions outside the Contractor's sphere of influence are not taken into account.

(3) The Customer is obliged to perform or have performed regular backups of their data. The Contractor assumes no liability for data loss insofar as this could have been prevented by appropriate data backup measures.

(4) Maintenance work includes, as agreed, updates of CMS, plugins and frameworks as well as fixing security vulnerabilities. Feature extensions and design adjustments are not part of maintenance and will be charged separately.

§ 15 Digital Services and AI Tools

(1) The Contractor uses modern technologies in the provision of services, including AI-powered tools such as ChatGPT, DALL-E and other generative AI systems for content creation, image and text generation, and workflow optimization.

(2) All content generated by AI tools is reviewed, edited and quality-assured by the Contractor before delivery to the Customer. The Contractor is responsible for the final quality of the delivered service.

(3) The use of AI tools is transparent. Upon request, the Customer will be informed about the use of specific AI tools. Confidential customer data is only transmitted to AI services with the Customer's consent.

(4) For AI-generated content, the copyright and usage rights provisions according to § 10 of these T&C apply. The Contractor warrants that the delivered content is free from third-party rights, insofar as this can be ensured within the technical possibilities.

(5) The Contractor is not liable for peculiarities, inaccuracies or limitations of the AI systems used, insofar as these are unavoidable according to the current state of technology. Quality assurance by the Contractor remains unaffected.

§ 16 Online Booking System

(1) The Contractor provides an online booking system for consultation appointments on their website. Booking an appointment does not constitute a contract for the provision of services, but merely serves to schedule a non-binding initial consultation.

(2) After booking, the Customer receives a confirmation email with all relevant information about the appointment. The Contractor reserves the right to refuse appointment bookings if there are legitimate reasons.

(3) Appointments can be cancelled or rescheduled free of charge up to 24 hours before the scheduled time. For cancellations or rescheduling with less than 24 hours' notice, the Contractor reserves the right to charge a cancellation fee of 50 EUR.

(4) In case of unexcused no-show without prior cancellation, the Contractor reserves the right to charge a no-show fee of 100 EUR. Further appointment bookings may be temporarily restricted.

(5) The Contractor may send reminder emails before the scheduled appointment. Data processing within the booking system is carried out in accordance with the provisions of the Privacy Policy at www.senorit.eu/en/datenschutz.

(6) The Contractor reserves the right to cancel or reschedule appointments for good cause. In this case, the Customer will be informed immediately and an alternative appointment will be offered.

§ 17 Newsletter and Marketing Communication

(1) The Contractor offers a newsletter service through which interested parties and customers are informed about current offers, blog posts, tips and news.

(2) Newsletter registration is done via double opt-in procedure. After registration, the user receives a confirmation email with a link through which registration must be verified. Without this confirmation, no newsletter will be sent.

(3) Newsletter recipients can unsubscribe from the newsletter at any time. Unsubscription can be done via the unsubscribe link in each newsletter email or by notification to kontakt@senorit.de.

(4) Consent to newsletter subscription is independent of contract conclusion and can be revoked at any time without giving reasons. Revocation of consent does not affect the lawfulness of processing carried out until revocation.

(5) For newsletter dispatch, the Contractor uses the services of Resend and Mailchimp. Data processing is based on Art. 6 Para. 1 lit. a GDPR (consent). Further information on data processing can be found in the Privacy Policy.

(6) The Contractor reserves the right to analyze newsletter recipients via success metrics (open rates, click rates) to improve newsletter quality. Recipients may object to the analysis at any time.

§ 18 Website Usage and Cookies

(1) The Contractor's website uses cookies and similar technologies (LocalStorage, Service Worker) to improve user experience, analyze user behavior and provide personalized content.

(2) Upon first visit to the website, a cookie banner is displayed through which the user can give consent to the use of non-essential cookies. Consent is given in accordance with Art. 6 Para. 1 lit. a GDPR and § 25 TTDSG.

(3) Essential cookies required for the technical provision of the website are set without consent (legal basis: Art. 6 Para. 1 lit. f GDPR - legitimate interest).

(4) Users can adjust their cookie settings at any time via the cookie banner or privacy policy. Already set cookies can be deleted via browser settings.

(5) The website uses LocalStorage to store user settings (e.g., cookie preferences, theme settings) and Service Worker to provide offline functionality and improve loading times.

(6) Detailed information about cookies used, their purpose and storage duration can be found in the Privacy Policy and in the cookie banner.

(7) The Contractor reserves the right to adapt the technologies and tracking tools used on the website. Users will be informed about significant changes by updating the privacy policy and, if necessary, by obtaining consent again.

§ 19 Data Processing and Privacy

(1) The Contractor processes personal data of the Customer exclusively for the purpose of contract fulfillment and in accordance with the provisions of the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and the Telecommunications-Telemedia Data Protection Act (TTDSG).

(2) The comprehensive privacy policy of the Contractor is available at www.senorit.eu/en/datenschutz and contains detailed information on the type, scope and purpose of data processing.

(3) For service provision, the Contractor uses third-party services, including:

  • Resend: Email dispatch and newsletter communication
  • Mailchimp: Newsletter management and marketing automation
  • OpenAI (ChatGPT): AI-powered content creation and optimization
  • Google Services: Analytics, Fonts, Maps (with consent)
  • Vercel: Hosting and Content Delivery Network (CDN)

(4) Data processing agreements (DPA) according to Art. 28 GDPR have been concluded with all processors who process personal data on behalf of the Contractor. These ensure an appropriate level of data protection.

(5) Some of the services used process data in the USA. Data transfer is based on the EU-US Data Privacy Framework or the European Commission's Standard Contractual Clauses. The Contractor ensures that an appropriate level of data protection is guaranteed.

(6) If the Contractor processes personal data on behalf of the Customer in the course of service provision (e.g., for website maintenance, hosting, newsletter dispatch for the Customer), a separate data processing agreement according to Art. 28 GDPR will be concluded.

(7) The Customer has the right to access, rectification, deletion, restriction of processing, data portability and objection at any time in accordance with Art. 15-21 GDPR. Requests can be directed to: datenschutz@senorit.eu

(8) Privacy requests will be confirmed within 48 hours and answered within the statutory period of one month. For complex requests, the period may be extended by two additional months, of which the Customer will be informed.

(9) The Customer has the right to lodge a complaint with a data protection supervisory authority. The competent authority is the supervisory authority of the federal state in which the Customer resides, or the Hamburg Commissioner for Data Protection and Freedom of Information.

§ 20 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Place of performance and exclusive place of jurisdiction for all disputes arising from this contract is Hamburg, provided the Customer is a merchant, legal entity under public law or special fund under public law.

(3) Should individual provisions of this contract be or become invalid, the validity of the remaining provisions remains unaffected. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.

(4) Amendments and supplements to this contract require written form. This also applies to the waiver of the written form requirement.

(5) The contract language is German.

(6) These T&C apply in the version current at the time of contract conclusion. The Contractor reserves the right to modify these T&C. Existing customers will be informed of changes by email. If the Customer does not object within 4 weeks of receipt of the change notification, the modified T&C are deemed accepted. In case of objection, the Contractor is entitled to terminate the contractual relationship ordinarily.

(7) Current version: Version 2.0 | Effective: November 2025

Contact for Questions about T&C

If you have questions about these Terms and Conditions or need clarification, please contact us:

Senorit Digital Agency
Seeschwalbentwiete 23
22119 Hamburg
Germany

Phone: +49-155-60988996
Email (General): kontakt@senorit.de
Email (Privacy): datenschutz@senorit.eu

Response Time: We respond to general inquiries within 3 business days. Privacy requests will be confirmed within 48 hours and processed according to statutory deadlines.

Version 2.0 | Effective: November 2025
These Terms and Conditions have been prepared with utmost care and comply with current legal requirements in Germany and the EU.

Valid for all contracts concluded from 01.11.2025.
Subject to change according to § 20 Para. 6 of these T&C.