Terms & Conditions
General Terms and Conditions (GTC)
for services in the field of web design and web development
TOWLINK AGENCY LLC · 1209 MOUNTAIN ROAD PL NE STE N, ALBUQUERQUE, NM 87110 · towlink-agencys.com · info@towlink-agencys.com
§ 1 Scope
These General Terms and Conditions apply to all contracts for services in the field of web design, web development, and related services between Towlink-Agencys (hereinafter "Contractor") and the Client.
The services are exclusively intended for entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law, or special funds under public law. A contract conclusion with consumers is not intended.
Deviating conditions of the Client are not recognized unless the Contractor expressly agrees to their validity in writing.
§ 2 Subject of the Contract and Scope of Services
The specific scope of services results from the respective offer or order confirmation of the Contractor. Depending on the agreement, services include in particular the conception, design, programming, and publication of websites as well as their ongoing support.
The Contractor provides design services according to its own professional discretion within the framework of the agreed order. A claim to specific design solutions only exists if this has been explicitly agreed.
Services that go beyond the agreed scope (additional subpages, functions, correction loops) will be commissioned and remunerated separately.
§ 3 Obligations of the Client to Cooperate
The Client shall provide all content required for the provision of services (texts, images, logos, access data) in a timely, complete, and suitable manner.
The Client assures that they hold the necessary rights to all provided content and that its use does not violate the rights of third parties. The Client shall indemnify the Contractor against claims by third parties in this respect.
Delays resulting from missing or delayed cooperation extend agreed deadlines accordingly and are not to the detriment of the Contractor.
§ 4 Remuneration and Payment Terms
The prices stated in the offer apply. All prices are exclusive of statutory value-added tax (VAT), provided this is shown.
For website projects, a deposit of 50% of the order total is due upon order placement. The remaining balance is due upon completion and provision.
Ongoing support services are billed monthly in advance. Invoices are payable within 14 days without deduction.
In the event of default in payment, the Contractor is entitled to charge default interest at the statutory rate and to suspend ongoing services until outstanding amounts have been settled.
§ 5 Deadlines and Timeframes
Specified deadlines are only binding if they have been explicitly agreed as binding. Otherwise, they are estimated delivery dates.
Events of force majeure and unpreventable obstacles release the Contractor from the obligation to perform for their duration.
§ 6 Acceptance
As far as works are owed, the Client must accept the completed work. Acceptance is deemed to have taken place if the Client does not report specific defects in writing within a reasonable period of time.
The start of the productive use of the website by the Client is considered acceptance.
§ 7 Rights of Use
After full payment, the Client receives the simple usage rights to the created work results required for the agreed purpose.
Until full payment is made, all usage rights remain with the Contractor. Use before full payment is not permitted.
The Contractor is entitled to refer to created works in an appropriate manner as a reference, provided the Client does not object to this.
The respective license conditions continue to apply to third-party standard components, frameworks, and libraries used.
§ 8 Warranty
The Contractor warrants the contractual provision of services. In the event of defects, the Contractor has the right to subsequent performance.
Obvious defects must be reported in writing immediately, at the latest within two weeks of provision.
No warranty is given for disruptions that are attributable to subsequent changes by the Client or third parties, faulty content provided by the Client, or failures of third-party providers (e.g., hosting).
§ 9 Liability
The Contractor is liable without limitation for intent and gross negligence as well as for injury to life, body, or health.
In cases of slight negligence, the Contractor is only liable for the breach of a material contractual obligation (cardinal obligation) and limited in amount to the foreseeable damage typical for the contract.
Any further liability is excluded. Liability under the Product Liability Act remains unaffected.
The Client is responsible for regularly backing up their own data.
§ 10 Term and Termination of Support Contracts
Support contracts are concluded for an indefinite period and can be terminated by either party with a notice period of one month to the end of the month.
The right to extraordinary termination for good cause remains unaffected. Terminations require text form.
§ 11 Data Protection
Both parties observe the applicable data protection regulations. Insofar as the Contractor processes personal data on behalf of the Client, a separate Data Processing Agreement (DPA) pursuant to Art. 28 GDPR is concluded.
§ 12 Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all disputes is, to the extent legally permissible, Albuquerque, New Mexico (USA).
Changes and additions require text form. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
Status: September 2026