Terms & Conditions
This is a convenience translation provided for informational purposes. The German version is the legally authoritative document.
§ 1 Scope of Application
(1) These General Terms and Conditions (hereinafter “GTC”) apply to all contracts concluded between Stawros Koutis (CrossBox Digital), Jaminstr. 1A, 61476 Kronberg im Taunus, Germany (hereinafter the “Contractor”) and his customers (hereinafter the “Client”).(2) These GTC apply exclusively to contracts with entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law. Contracts with consumers (§ 13 BGB) are not envisaged.(3) Conflicting terms or terms of the Client that deviate from these GTC are not recognized by the Contractor unless he has expressly agreed to their validity.
§ 2 Subject Matter and Scope of Services
(1) The Contractor provides services in the areas of conversion rate optimization (CRO), Shopify development, web design and consulting.(2) Important: Unless expressly agreed otherwise in writing, the services constitute a service contract (Dienstvertrag) pursuant to §§ 611 et seq. BGB. What is owed is the consulting and support service itself, performed to the best of the Contractor's knowledge and ability — not a specific economic outcome (e.g. a particular revenue increase or conversion rate).(3) The exact scope of services results from the respective individual offer or order. Subsequent changes to the scope of services require confirmation by the Contractor.
§ 3 Duties of the Client to Cooperate
(1) The Client supports the Contractor in performing the agreed services. This includes in particular the timely provision of all required access (e.g. Shopify admin, Google Analytics, hosting), documents and information.(2) If the Client fails to meet his duties to cooperate and the provision of services is delayed as a result, any resulting delays or additional effort are at the Client's expense.(3) The Client is obliged to independently verify the legal permissibility of the measures he requests (e.g. tracking tools, newsletter pop-ups), in particular with regard to data protection (GDPR) and competition law. The Contractor does not provide legal advice.
§ 4 Remuneration and Payment Terms
(1) The prices agreed in the individual offer apply. All prices are net prices plus statutory VAT.(2) Unless agreed otherwise, invoices are due for payment immediately upon receipt without deduction.(3) If billing on a time basis has been agreed, the Contractor keeps records of the hours worked.
§ 5 Acceptance (only relevant for contracts for work)
(1) If, in exceptional cases, a contract for work (Werkvertrag) has been agreed in writing (e.g. creation of a complete shop at a fixed price), the Client is obliged to accept the work as soon as the Contractor notifies completion.(2) Acceptance may not be refused on account of insignificant defects. Acceptance is deemed to have occurred if the Client uses the work (e.g. the online shop) productively or does not report significant defects within 10 days of the notification of completion.
§ 6 Liability
(1) The Contractor is liable without limitation in cases of intent and gross negligence as well as for injury to life, body or health.(2) In cases of slight negligence, the Contractor is liable only for the breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the typical damage foreseeable at the time the contract was concluded.(3) Exclusion of liability for CRO: The Contractor assumes no liability for revenue losses, search-engine ranking losses or technical disruptions resulting from the implementation of optimization measures, unless these are due to gross negligence. A/B tests and code changes carry inherent risks of which the Client is aware.(4) For the recovery of data, the Contractor is liable only if the Client has ensured that this data can be reconstructed with reasonable effort from machine-readable data sets (regular backups).
§ 7 Rights of Use
(1) The Client receives a simple right of use, unlimited in space and time, to the work results created (e.g. designs, code snippets) as soon as the agreed remuneration has been paid in full.(2) Until full payment, all rights remain with the Contractor.
§ 8 Confidentiality and Data Protection
(1) The parties undertake to treat as confidential all business secrets of the other party that become known in the course of the cooperation.(2) The Contractor processes the Client's personal data for the intended purpose and in accordance with the statutory provisions. Further information is contained in the privacy policy.
§ 9 Final Provisions
(1) The law of the Federal Republic of Germany applies.(2) The place of jurisdiction for all disputes arising from this contract is, to the extent legally permissible, the registered seat of the Contractor (Kronberg im Taunus).(3) Should individual provisions of this contract be or become invalid, the validity of the remaining provisions remains unaffected.