Terms & Conditions
As of: June 2026 · Jafinity, Germany
§ 1 Scope
These Terms & Conditions (hereinafter "Terms") apply to all contracts concluded between Jafinity (hereinafter "Contractor") and the Client for the provision of digital services. These include in particular: web design, web development, app development, logo & branding, e-commerce solutions, SEO, AI integration, and workflow automation.
Conflicting or deviating terms of the Client are not recognized unless the Contractor has expressly agreed to their validity in writing. These Terms also apply if the Contractor performs the services without reservation while being aware of conflicting terms of the Client.
§ 2 Offer and Conclusion of Contract
Offers made by the Contractor are subject to change and non-binding. A contract is only concluded upon written order confirmation by the Contractor or upon commencement of the performance of services. Verbal side agreements require written confirmation to be effective.
Unless otherwise stated, offers are valid for 30 days from the date of issue.
§ 3 Scope of Services
The exact scope of services is determined exclusively by the written offer or the project specification. Changes, extensions, or adjustments to the agreed scope of services (so-called change requests) require a separate written agreement and may result in reasonable additional costs.
The Contractor is entitled to have services performed by qualified subcontractors without requiring the separate consent of the Client, provided that overall responsibility remains with the Contractor.
§ 4 Client's Duties to Cooperate
The Client is obligated to provide all documents, access credentials, texts, images, and other content required to carry out the project in a timely and complete manner. The Client warrants that it holds the rights of use to the content provided and that this content does not infringe any third-party rights.
Delays caused by the Client's failure to cooperate in a timely manner entitle the Contractor to postpone agreed deadlines accordingly. Additional work resulting from missing or faulty deliverables will be charged separately as an additional service.
§ 5 Remuneration and Payment Terms
The remuneration is based on the offer agreed in writing, plus the applicable statutory value-added tax. Invoices are due without deduction within 14 days of the invoice date.
For projects with a net value of €500 or more, a deposit of 50% is due upon placement of the order. The remaining balance is due upon completion and handover.
In the event of default in payment, the Contractor is entitled to charge default interest of 9 percentage points above the base interest rate (Section 288 (2) BGB) as well as a flat-rate reminder fee of €40 pursuant to Section 288 (5) BGB. The Contractor reserves the right to suspend the performance of services until payment is made in full in the event of default in payment.
§ 6 Acceptance
Upon completion of the agreed services, the Contractor hands over the result for acceptance. The Client is obligated to declare acceptance within 14 calendar days of handover or to report specific defects described in writing. If the Client does not respond within this period, the service is deemed accepted (Section 640 (2) BGB).
§ 7 Copyright and Rights of Use
The Contractor retains all copyrights to the created works, concepts, designs, and code. Upon full payment of the agreed remuneration, the Client receives a simple, time-unlimited right of use for the contractually agreed purpose.
Resale, sublicensing, or transfer of these rights of use to third parties is not permitted without the express written approval of the Contractor. Source code is only released upon express contractual agreement.
The Contractor is entitled to use the completed projects in its portfolio and to name the Client as a reference, unless objected to in writing.
§ 8 Warranty
The Contractor warrants that the services rendered possess the agreed characteristics at the time of acceptance and are free from material defects. The warranty period is 12 months from acceptance.
Defects must be reported without undue delay and in writing. The Contractor has the right to remedy defects twice. If the remedy fails, the Client may demand a reduction in price or withdraw from the contract.
No warranty applies to defects resulting from faulty content provided by the Client, interventions by the Client or third parties, or use that is not in accordance with the contract.
§ 9 Limitation of Liability
The Contractor is liable without limitation for damages arising from injury to life, body, or health, as well as for damages based on intent or gross negligence.
In the case of slight negligence, the Contractor is only liable for the breach of a material contractual obligation (cardinal obligation). In this case, liability is limited in amount to the typically foreseeable damage and to a maximum of the net value of the respective project.
Liability for indirect damages, lost profits, data loss, or damages caused by third parties is excluded to the extent permitted by law.
§ 10 Confidentiality
Both parties undertake to treat all confidential information, trade secrets, and non-public data of the other party obtained in the course of the collaboration as strictly confidential, not to disclose it to third parties, and to use it exclusively for the purpose of fulfilling the contract. This obligation continues to apply for a period of 3 years after termination of the contractual relationship.
§ 11 Termination
Both parties may terminate an ongoing contract without notice for good cause. Good cause exists in particular in the case of: default in payment of more than 30 days, serious breaches of the duties to cooperate, or insolvency of a party.
In the event of termination by the Client without good cause, the services rendered up to the time of termination must be paid for in full. In addition, the Contractor may claim a flat-rate cancellation fee of 20% of the outstanding order volume, unless a higher loss is proven.
§ 12 Data Protection
The processing of personal data in the course of contract execution is carried out in accordance with our Privacy Policy, which is available at jafinity.com/privacy. Insofar as the Contractor processes personal data on behalf of the Client, a separate data processing agreement (DPA) pursuant to Art. 28 GDPR will be concluded.
§ 13 Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is — to the extent permitted by law — the registered office of the Contractor.
Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that most closely reflects the economic purpose of the invalid provision.
Amendments or additions to these Terms must be made in writing. This also applies to any waiver of the written form requirement itself.