General Terms and Conditions
Last updated: 7 September 2026
§ 1 Scope
These General Terms and Conditions (GTC) apply to all contracts between XSAVY GmbH, Otto-Heilmann-Straße 18 a, 82031 Grünwald (hereinafter "XSAVY" or "Contractor") and the client (hereinafter "Client") for web, hosting, domain and online marketing services as well as software development, web design and consulting. Deviating terms of the Client are not recognised unless XSAVY expressly agrees to their validity in text form. The version published at xsavy.com/agb as valid at the relevant time shall govern.
§ 2 Business-Only Policy (B2B)
XSAVY GmbH sells exclusively to businesses, traders, freelancers and public institutions. No sale to consumers within the meaning of § 13 of the German Civil Code (BGB) takes place. By placing an order, the Client confirms that they are acting in the exercise of their commercial or independent professional activity (entrepreneur within the meaning of § 14 BGB). Consumer protection provisions — in particular any right of withdrawal — do not apply.
§ 3 Conclusion of Contract
Offers by XSAVY are non-binding. A contract is concluded upon a signed order, an order confirmation in text form, or the commencement of performance by XSAVY.
§ 4 Scope of Services
The scope and content of the services are determined by the respective offer or order confirmation. Depending on the order, services include in particular website creation, hosting and operation, domain management and online marketing (including Google services). Services not expressly agreed must be commissioned separately; changes and extensions to the scope of services require a separate agreement in text form.
§ 5 Manner of Performance · Reporting
XSAVY performs the services at its own professional discretion and freely determines the means, method, time and place of performance. XSAVY is entitled to use vicarious agents and subcontractors as well as automated, AI-supported tools and its own or external developers. There is no claim to performance by a specific person or to a specific approach, provided the agreed result is achieved. Reporting and analyses (daily, weekly or monthly reports) are not included in the basic scope of services and can be commissioned as a separate, chargeable service.
§ 6 Availability (Hosting)
The services are provided using third-party infrastructure and services (including data centres and hosting providers such as DigitalOcean and Google, as well as domain registrars); actual availability depends substantially on their performance. For hosting and operating services, an availability of 85 % on an annual average is owed, measured at the handover point of the data centre used. The following do not count as downtime: scheduled or announced maintenance windows; disruptions outside XSAVY's area of responsibility or control (in particular third-party services and networks, data centre, network or power outages, DNS or registrar disruptions); third-party attacks (e.g. DDoS); and force majeure. Any further availability, response or recovery commitments (Service Level Agreements) exist only upon a separate agreement in text form and for separate remuneration.
§ 7 Client's Duties to Cooperate · Content Volume
The Client shall provide all content, access and information required for performance in good time and free of charge, and warrants that content provided is free of third-party rights or that the Client is entitled to use it. Delays due to a lack of cooperation extend agreed deadlines accordingly. Unless expressly agreed otherwise, content entry and upload by XSAVY per project covers up to 150 products/items (SKUs) and up to 500 media files (images/videos, max. 5 GB in total); content exceeding this is charged separately according to effort.
§ 8 Remuneration and Payment Terms
All prices are net plus statutory VAT. Project-based orders are invoiced as agreed, where applicable in milestones. Ongoing services (including hosting, retainers and managed services) are invoiced in advance. Invoices are due without deduction within 14 days. In the event of default, statutory provisions apply. Payments and invoice enquiries: [email protected].
§ 9 Term and Termination
One-off services end upon acceptance. Hosting and continuing services run for an indefinite period and may be terminated with one month's notice to the end of the respective billing period, unless otherwise agreed. The right to extraordinary termination for good cause remains unaffected. Terminations must be in text form.
§ 10 Copyright and Rights of Use
The Client receives the agreed rights of use in the works created. The transfer of rights of use is subject to the condition precedent of full payment of the remuneration owed. Third-party and open-source components used are subject to their respective licence terms.
§ 11 Reference and Promotional Use
XSAVY is entitled to name, publicly display and promote the services rendered and works created under the contract (including website, design, screenshots) as its own reference — in particular in its own portfolios, on websites and social media, and in presentations to (potential) clients and partners — as well as to use the Client's name and logo for this purpose and to link to the Client's website. The Client may object to such use in text form for good cause.
§ 12 Domains
Domains are — where commissioned — registered in the name and for the account of the Client; the terms of the respective registry or registrar additionally apply. The Client is the holder of the domain.
§ 13 Warranty
XSAVY warrants that the services rendered conform to the agreed requirements. Defects must be reported without delay in text form. Unless otherwise agreed, the warranty period is 12 months from acceptance.
§ 14 Liability (Limitation of Liability)
XSAVY is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act. In the case of simple negligence, XSAVY is liable only for the breach of material contractual obligations (cardinal obligations) and limited to the foreseeable damage typical for the contract. Liability is limited in amount, per claim, to the net remuneration paid for the relevant order; for continuing services (e.g. hosting) to the net remuneration paid in the preceding contract year. Liability for indirect damage, consequential damage and loss of profit is excluded to the extent legally permissible. No liability is assumed for the availability and services of third parties (including Google, hosting providers, registrars) or for events of force majeure. The Client is responsible for its own data backups. The foregoing limitations of liability do not apply in the cases of unlimited liability under sentence 1.
§ 15 Force Majeure
In the event of force majeure (including outages of upstream providers or infrastructure), the affected obligations are suspended for their duration; agreed deadlines are extended accordingly.
§ 16 Confidentiality
Both parties undertake to keep confidential all confidential information received in the course of the cooperation and to use it only for the purposes of the contract. This obligation continues beyond the end of the contract.
§ 17 Data Protection
Insofar as XSAVY processes personal data on behalf of the Client, a data processing agreement (DPA) is concluded in accordance with Art. 28 GDPR. Otherwise, the privacy policy at xsavy.com/datenschutz applies.
§ 18 Communication and Delivery
Official correspondence (including invoices, notices, declarations, terminations) is legally effective when sent to the email address and postal address provided by the Client. Changes must be communicated without delay in text form; until then, deliveries to the last known addresses are deemed received.
§ 19 Managed Email and Hosting
Where XSAVY provides managed email or hosting as part of a subscription, these are managed services on a best-effort basis — without guaranteed delivery or absolute security; the availability provision under § 6 otherwise applies. A standard mailbox includes 10 GB; reasonable technical usage limits apply. Spam, unsolicited bulk email, malware or unlawful use are prohibited and may lead to suspension. Users are responsible for their passwords and their own archives; backups are made only within the scope of the provider used, where available, and do not replace the Client's own data backup. Mailbox contents and data remain with the Client; upon termination the service ends and a one-off data export is possible on request.
§ 20 Final Provisions
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is — where permissible — the registered seat of XSAVY (Grünwald/Munich). Amendments and additions require text form. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The German version shall govern.