General terms and conditions

1.2 Adjustments — Align Creative reserves the right to adapt contract components or the general terms and conditions in their entirety to changing circumstances, without direct notification to the customer. The current terms and conditions published on the Align Creative website are decisive. The customer has the right to extraordinary termination with a pro rata refund of prepaid costs for the remaining duration of the contract, provided that he can credibly demonstrate that these adjustments would have prevented him from entering into the contract at the time the contract was concluded, or that the terms and conditions contain provisions that qualify as particularly exceptional that the customer could not expect.

2.2 Hosting — The annual fees include the fact that Align Creative provides the customer with server storage for the website. The choice of server provider lies exclusively with Align Creative. The customer cannot be granted access to server administration and, unless otherwise stated, sets up Align Creative Server with its own basic settings. A move from existing hosting must be explicitly requested by the customer, with the customer having the duty of care and responsibility for the continuation of all e-mail accounts and for data transmission.

2.3 Email — Unless otherwise expressly agreed in writing, Align Creative provides the customer with cost-related mail hosting with limited mail storage for an email address. Additional accounts or additional storage space are chargeable. On request, Align Creative will remotely install the email account in standard email clients for the customer, with a set-up fee. All Align Creative activities are charged at an hourly rate. Align Creative is not liable for loss of data, emails not received or sent from email accounts or contact forms.

2.4 Search engines — Align Creative registers the customer's website with various search engines and link directories and creates and manages Google Ads campaigns. Align Creative does not guarantee the customer a specific positioning in search engines. Additional measures taken at the customer's request may be chargeable. The annual costs do not include work for cooperation with external companies in connection with search engine optimization.

2.5 Images — If images are missing, Align Creative can purchase suitable stock photos to create the website at the customer's request and expense. A photo shoot is included, provided that this has been recorded in writing on the contract and takes place in connection with a regular consultation appointment. In certain cases, the images provided by Align Creative must be used exclusively on the website.

2.6 Self-promotion — Unless otherwise expressly agreed, the customer agrees that Align Creative will display the graphics and websites created for the customer on its own website as a reference. The customer allows Align Creative to add a link to its own website.

2.7 Copyrights — The copyright and other rights of all work done by Align Creative belong exclusively to Align Creative. Their further use requires express written permission from Align Creative. In particular, the programming code, the user interface and the database structures of the pages created by Align Creative are their intellectual property and can under no circumstances be passed on or used for purposes outside the contract.

2.8 Warranty in the event of defects — Align Creative undertakes to carry out the order with reasonable care and, if there are relevant defects, to repair it free of charge. If the repair fails, the customer cannot claim compensation, except in the case of intent or gross negligence.

2.9 Disclaimer — Align Creative assumes no liability for direct or indirect damage due to technical problems or other reasons and is not liable for lost profit or indirect damage.

2.10 Interruption of services — Align Creative is entitled to terminate the contractual relationship without compensation in the event of failure to comply with the terms of the contract or other inappropriate conduct on the part of the customer and to discontinue all services.

2.11 Business abandonment — In the event of a business abandonment, Align Creative provides the customer with a data CD with all relevant website data free of charge or makes this data temporarily available for download in cloud storage.

2.12 Data protection — Align Creative treats the delivered data in accordance with relevant data protection legislation. Protecting the customer's personal data is a high priority.

3.2 Free Support — The customer has the right to free telephone and written support within the limits of industry practice. Expensive adjustments can be charged at the usual or reduced hourly rate.

3.3 Content adjustments — The customer can independently change and write their own content on their website. Any recovery costs due to improper changes may be charged by Align Creative.

3.4 Obligation to cooperate — The customer is obliged to actively participate in the completion of the website and to deliver all materials required for activation within three months.

3.5 Design — Requests for changes must be submitted within 10 days of launching the website online, otherwise further services may be billed at a reduced or usual hourly rate at the discretion of Align Creative.

3.6 Printed goods — Align Creative assumes no liability for color deviations for printed goods. With the “Good to print”, the customer agrees to the correctness of the information shown.

3.7 Rights of third parties/Copyright — The customer is responsible for the content provided by him and releases Align Creative from all claims.

3.8 Delays — Align Creative makes every effort to meet delivery dates, but assumes no liability for damage resulting from a delay.

3.9 Address details — The customer undertakes to notify Align Creative of address changes within 14 days.

3.10 Further due diligence obligations on the part of the customer — password and access data for the homepage must be kept carefully and passed on at your own risk.

4.2 Annual costs — The annual costs come into force from the date the contract is signed and are incurred regardless of actual use. These costs will not be refunded upon termination of the contract.

4.3 Contract duration — Unless otherwise stated, the initial contract period is one year and is automatically extended by a further year at a time.

4.4 Payment in installments — Align Creative is not obliged to grant the customer a subsequent installment payment after conclusion of the contract.

4.5 Payment delay — If the outstanding amount is not paid in due time, reminder fees may be charged. In the event of a debt collection agency, Align Creative works with a collection agency.

5.2 Compliance with data protection — Both parties ensure compliance with data protection.

5.3 Order data processing agreement — As part of the website services, Align Creative processes the customer's data and is considered an order processor.