These General Terms and Conditions (hereinafter "GTC") apply to all contracts for web design, web development and related digital services between Roman Klein, VOOM Studio, Saalestraße 4, 53332 Bornheim, Germany (hereinafter the "Provider" or "VOOM Studio") and its clients (hereinafter the "Client"). Conflicting or deviating terms of the Client shall only become part of the contract if the Provider expressly agrees to them in writing.
The Provider always renders its services on a project basis. The nature and scope of the services are determined exclusively by the respective written offer or order confirmation. The offer takes precedence over these GTC: in the event of discrepancies, the provisions of the offer prevail over the provisions of these GTC. Unless expressly agreed otherwise, the Provider owes a work performance, but no specific economic success (e.g. revenue, reach or search engine rankings).
Offers by the Provider are subject to change and non-binding. A contract is only concluded when the Client accepts the offer in text form and the Provider confirms the order in text form. Acceptance or confirmation by email is sufficient. Verbal side agreements require confirmation in text form to be effective.
All prices are net prices plus the applicable statutory value-added tax, where such tax is to be shown. Payment terms are agreed individually in the respective offer (e.g. down payment, instalments, advance payment or payment upon acceptance); there is no fixed standard in this respect. The provisions of the offer prevail over these GTC.
Unless otherwise agreed in the offer, invoices are due for payment without deduction within 14 days of the invoice date. If the Client is in default of payment, the Provider is entitled to charge default interest at the statutory rate and to suspend ongoing work until all outstanding claims have been settled in full.
The Client shall provide all content required for the performance of the services (in particular texts, images, logos, graphics as well as necessary access credentials and information) in good time, completely and in a suitable form. The Client warrants that it holds all necessary rights (copyright, trademark and other usage rights) to all materials provided and indemnifies the Provider against third-party claims in this respect. If the Client fails to fulfil its duties to cooperate in good time, agreed dates and deadlines shall be extended by a reasonable period; any additional expenses incurred as a result may be invoiced separately.
Upon completion, the Provider makes the work available for acceptance. The Client shall review the work within 7 days and declare acceptance in text form. If the Client does not report any material defects within this period, the work is deemed accepted (implied acceptance). The same applies if the Client puts the work into use, for example by publishing the website. Immaterial defects do not entitle the Client to refuse acceptance; they will be remedied as part of the subsequent performance.
All usage rights to the works created remain with the Provider until the agreed remuneration has been paid in full. Upon full payment, the Provider grants the Client a simple, non-exclusive and perpetual right to use the finally accepted work results for the contractually intended purpose.
The Provider remains entitled to
Sensitive or confidential client data will not be published without the Client's prior consent. The Client may object to being named as a reference at any time with effect for the future in text form. Any transfer or resale of the project-specific source code to third parties by the Client requires the Provider's prior consent in text form. Third-party components used (e.g. open-source software, fonts, stock material) are subject to their respective licence terms.
The offer is decisive for the scope of services owed. Change or extension requests made after approval of a draft or after acceptance, or which go beyond the agreed scope of services, are not covered by the original remuneration. Such services will be invoiced separately as additional services on a time-and-materials basis or, at the Client's request, summarised in a new offer. The Provider will inform the Client of the expected additional expense before carrying out the work.
The Provider is liable without limitation for damages arising from injury to life, body or health and for damages based on intent or gross negligence. In cases of simple negligence, the Provider is only liable for the breach of a material contractual obligation (cardinal obligation), the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Client may regularly rely; in this case, liability is limited to the foreseeable damage typical for the contract.
In all other respects, liability for simple negligence is excluded. The above limitations of liability do not apply if a defect has been fraudulently concealed or a guarantee has been assumed, nor to claims under the German Product Liability Act. The Client is responsible for regularly backing up its own data.
Contracts for time-limited project services end upon performance and acceptance of the services. The right of both parties to terminate for good cause remains unaffected. In the event of termination, the Client shall remunerate the services rendered in accordance with the contract and the expenses incurred up to the effective date of termination. Continuing obligations (e.g. maintenance or support) are governed by the termination provisions agreed in the offer. Terminations must be made in text form.
If the Client is a consumer within the meaning of § 13 of the German Civil Code (BGB) (a natural person who concludes the transaction for purposes that are predominantly outside their trade, business or profession), they have a statutory right of withdrawal for contracts concluded at a distance:
There is no right of withdrawal for business clients (B2B).
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the Client is a merchant, a legal entity under public law or a special fund under public law, the place of performance and exclusive place of jurisdiction is the Provider's registered office, to the extent permitted by law. Amendments and additions to the contract must be made in text form. Should individual provisions of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the legally permissible provision that comes closest to the economic purpose of the invalid provision.
Last updated: June 2026