Terms & Conditions
Clear rules for our collaboration — written in plain language, for businesses.
This is a courtesy translation. In case of discrepancies, the German version prevails.
1. Scope
Our offer is directed exclusively at businesses within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law — not at consumers. By placing an order, the client confirms that they are acting in the exercise of their commercial or independent professional activity.
These terms and conditions apply to all contracts for websites, AI software, GEO optimization and related maintenance and consulting services between Rudolf Latikan (LATIKAN, "Contractor") and the respective client ("Client"). Deviating, conflicting or supplementary terms and conditions of the Client only become part of the contract if the Contractor has expressly agreed to their validity in writing.
2. Formation of Contract
Offers made by the Contractor are non-binding and, unless stated otherwise, valid for 14 days from the date of the offer. A contract is only formed once the Contractor confirms the order in text form (e.g. email) — not merely through the enquiry or the offer alone.
Services marked as "on request" are calculated individually and recorded in a separate offer. Fixed prices apply exclusively to the scope of services described in the offer or order confirmation. Additional effort beyond this scope (e.g. subsequent change requests, additional features) is remunerated at the agreed hourly rate and requires the Client's approval in text form before it is carried out.
3. Scope of Services and Change Requests
The scope of services results from the order confirmation or the underlying offer. Requests for changes and extensions during the course of the project are discussed by mutual agreement; if they affect effort, price or timing, this is recorded in writing before implementation.
4. Client's Duties to Cooperate
The Client provides the content, access, materials and approvals required for the performance of the service in good time, but no later than within 10 working days of being requested to do so by the Contractor. If the Client fails to fulfil their duties to cooperate despite being given a deadline, they fall into default of acceptance pursuant to § 642 BGB; in this case the Contractor may demand reasonable compensation pursuant to § 642 BGB and, after a reasonable grace period has expired without result, terminate the contract pursuant to § 643 BGB.
5. Remuneration and Payment
Unless otherwise agreed, the following payment terms apply: 50% of the agreed remuneration upon placing the order, the remaining 50% upon acceptance. Unless stated otherwise, invoices are due for payment without deduction within 14 days of the invoice date.
If the Client falls into payment default, the Contractor is entitled to charge default interest at a rate of 9 percentage points above the base rate as well as a flat fee of €40 pursuant to § 288 (2), (5) BGB. The right to assert further damages caused by default remains unaffected.
6. Acceptance
The Client is obliged to accept the completed work within a reasonable period set by the Contractor, provided it was created in accordance with the contract. If acceptance does not take place within this period and the Client does not specify at least one defect in writing within that period, the work is deemed accepted pursuant to § 640 (2) BGB. Productive use of the work (e.g. the website going live, use of the software in operation) is also deemed to constitute acceptance.
7. Usage Rights
The Client receives the simple usage rights to the finished work required for the contractually intended purpose only upon full payment of the agreed remuneration.
Reusable proprietary building blocks, frameworks, templates and general know-how of the Contractor that were not developed specifically for this order remain with the Contractor; the Client receives a simple right of use to these as part of the delivered work. Any open-source components included are subject to their respective open-source licenses. The Contractor is entitled to name the created work as a reference and to display it to a customary extent (e.g. portfolio, website), unless the Client objects in an individual case.
8. Warranty
The statutory warranty provisions of German contract-for-work law apply. In the event of defects, the Contractor first has the right to remedy them. If the remedy fails or is wrongfully refused, the Client may assert their statutory rights (reduction, rescission, damages). The limitation period for defect claims is 12 months from acceptance; this does not apply in cases of intent, fraudulent concealment of a defect, or in the cases covered by §§ 438 (1) no. 2, 634a (1) no. 2 BGB, where the statutory period applies.
9. Liability
The Contractor is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, and under the provisions of the Product Liability Act.
In cases of slight negligence, the Contractor is only liable if a material contractual obligation (cardinal obligation) is breached, the fulfilment of which is essential for the proper performance of the contract in the first place and on the observance of which the Client may regularly rely; in this case liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded. Otherwise, liability for slight negligence is excluded. There is no blanket exclusion of liability.
10. Use of AI Tools
AI tools may be used to assist in the creation of content, texts, images or code. The Client is advised that purely AI-generated components may, under current law, enjoy no or only limited copyright protection. No guarantee can be given for achieving specific search engine or AI visibility rankings (SEO/GEO), as these depend on third-party algorithms over which the Contractor has no influence.
11. Termination
The Client may terminate the contract at any time prior to completion of the work pursuant to § 648 BGB. In this case, the Contractor retains the claim to the agreed remuneration but must offset any expenses saved as well as any other earnings. The right to extraordinary termination for good cause remains unaffected for both parties.
12. Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). To the extent legally permissible, the place of jurisdiction for all disputes arising from or in connection with this contract is Kassel, Germany. Amendments and supplements to this contract require text form; this also applies to any change to this text-form clause itself. Should any provision of these terms and conditions be or become invalid, the validity of the remaining provisions remains unaffected.
Last updated: September 23, 2026