Business terms
Terms and Conditions
Framework terms for web design, development, consulting, and AI-related services provided by 42 Craft to business customers.
Template status: [LAST_UPDATED]. Complete all bracketed fields and obtain legal review before publication.
1. Scope and contracting party
These terms apply exclusively to entrepreneurs, legal entities under public law, and special funds under public law. The contracting party is 42 Craft, [LEGAL_ADDRESS]. Conflicting customer terms apply only if expressly accepted in writing.
2. Offer and contract formation
Our offers are valid for [OFFER_VALIDITY] unless stated otherwise. A contract is formed when the customer accepts the offer in text form or when 42 Craft begins performance at the customer's request.
3. Scope, changes, and third-party services
The agreed offer defines the scope. Additional work and change requests are quoted separately or billed at [HOURLY_RATE]. Third-party services, licenses, hosting, domains, fonts, APIs, and usage-based AI costs are included only when expressly stated.
4. Customer cooperation
The customer provides content, access, approvals, legal notices, and feedback in the agreed formats and timeframes. Delays caused by missing cooperation extend deadlines appropriately. The customer is responsible for the rights and legality of supplied materials.
5. Fees and payment
All prices are net plus statutory VAT. Payment schedule: [PAYMENT_SCHEDULE]. Invoices are due within [PAYMENT_TERM] without deduction. 42 Craft may pause work when due payments remain outstanding after notice.
6. Delivery, review, and acceptance
Delivery dates are binding only when expressly confirmed as binding. After completion, 42 Craft may request acceptance and set a reasonable review period of [ACCEPTANCE_PERIOD]. Minor defects do not prevent acceptance. Acceptance is deemed granted only under the applicable statutory requirements, in particular where the customer does not refuse acceptance within a reasonable period while identifying at least one defect.
7. Rights of use
After full payment, the customer receives the rights of use specified in the offer. Reusable methods, components, libraries, know-how, and pre-existing materials remain with 42 Craft or their respective licensors. Portfolio use is permitted unless [PORTFOLIO_OPT_OUT_PROCESS].
8. AI-supported services
AI may support research, ideation, content, code review, automation, or quality assurance under human direction. Outputs are reviewed within the agreed scope, but the customer remains responsible for final factual, regulatory, and industry-specific approval. Confidential data may be submitted to external AI services only under the agreed processing conditions.
9. Warranty and liability
42 Craft remedies reproducible defects within the statutory framework. Liability is unlimited for intent, gross negligence, injury to life, body or health, and mandatory statutory liability. For slight negligence involving essential contractual duties, liability is limited to foreseeable, typical damage. Insert any valid contractual liability cap here: [LIABILITY_CAP].
10. Confidentiality and data protection
Both parties treat confidential business information as confidential. Where 42 Craft processes personal data on behalf of the customer, the parties conclude a data processing agreement where required.
11. Suspension and termination
Either party may terminate for cause. If the customer pauses or terminates a project without cause, completed work, committed third-party costs, and reserved capacity are payable as agreed: [CANCELLATION_AND_PAUSE_TERMS]. Statutory rights remain unaffected.
12. Handover, maintenance, and source materials
The offer determines which source files, credentials, documentation, and deployment materials are handed over. Maintenance, hosting, security updates, content changes, and third-party compatibility after acceptance are included only when expressly agreed.
13. Final provisions
German law applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction, where legally permissible: [JURISDICTION]. Amendments should be documented in text form. If a provision is invalid, the remaining provisions remain unaffected.
