Terms and Conditions

1. Scope

1.1 The following general terms and conditions apply to all legal transactions of your-way-europe.de, hereinafter referred to as “Consultant,” with its contracting partner, hereinafter referred to as the “Customer.”

1.2 Changes to the general terms and conditions will be communicated to the Customer in writing. They are considered approved if the Customer does not object in writing within four weeks.

2. Formation of a Contract

A contract between the Editorial and the Customer is established through an order confirmation of an offer. Confirmation can be given in writing (email, fax, mail) or verbally (by phone, in person).

3. Data Protection

3.1 The Customer agrees that data required in connection with the contract entered into with them may be stored and – solely when necessary for fulfilling the contract – transmitted to third parties.

4. Prices and Payments

4.1 Offers are based on hourly rate estimations.

4.2 Before work begins, the Customer must provide a security deposit of 25% of the offer. The remaining payment is due upon invoicing.

4.3 For support and maintenance, the Editorial issues a monthly invoice.

4.4 If it becomes evident during work that the scope of a task will increase, the Editorial will promptly inform the Customer and discuss the next steps.

4.4.1 The Editorial cannot guarantee error-free functionality of third-party services.

4.5 All services not covered by the offer will be billed at the agreed hourly rate.

4.6 Invoices must be paid by the Customer within 14 days. In case of delayed payment, the Editorial reserves the right to pause work until payment is received. If there are multiple payment delays, the Editorial reserves the right to terminate the collaboration.

4.7 The services provided remain the property of the Editorial until full payment is received. The Customer has no rights to them until the payment is made.

4.8 Objections to the accuracy or completeness of an invoice must be raised by the Customer in writing within two weeks of receipt. Failure to do so within this period is considered approval.

4.9 For emergency services (weekdays from 8:00 PM to 8:00 AM), on weekends, or holidays, a surcharge of 50% on the agreed hourly rate will be applied.

5. Fulfillment of Orders

If the Customer delays in providing required data such as login details, content, information, or approvals, the Editorial cannot guarantee completion by the agreed date.

6. Termination of a Contract

6.1 The Editorial may terminate a contract for an important reason.

6.2 Outstanding work hours must be paid at the agreed hourly rate.

7. Liability

7.1 The Customer is responsible for the content on their website. Only texts and images for which usage rights are secured may be provided for publication.

7.2 Claims for damages against the Editorial are excluded unless they are based on intentional or grossly negligent behavior by the Editorial or its agents. The limitation period for asserting damages is three years from the time of the action that triggered the liability for damages.

7.3 For all other claims for damages, the statutory provisions of the German Civil Code apply.

8. Applicable Law and Jurisdiction

8.1 German law applies to the business relationship between the Customer and the Editorial.

8.2 The place of performance and exclusive place of jurisdiction is the Editorial’s registered office.

8.3 The jurisdiction agreement applies equally to domestic and international Customers.

9. Other Provisions

There are no collateral agreements to this contract. Amendments or additions require written form to be legally effective.

10. Note: EU Dispute Resolution

The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to an online order initially without legal proceedings. The dispute resolution platform can be found here: http://ec.europa.eu/consumers/odr.

11. Severability Clause

Should one or more of the above provisions be invalid, the validity of the remaining provisions shall not be affected. This also applies if part of a provision is invalid, but another part is valid. The invalid provision shall be replaced by an agreement that best reflects the economic interests of the contractual parties and does not conflict with the remaining contractual agreements.

Last Updated: 2024