Terms & Conditions

Lomageek – György Lomaha
Burgeräcker 8, 71364 Winnenden, Germany
Email: kontakt@lomageek.de
Web: https://lomageek.de

Last updated: April 2026

Note: These General Terms and Conditions are governed by German law. This English translation is provided for convenience only. In case of any discrepancy, the German version shall prevail.

§ 1 Scope of Application

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts between György Lomaha, Lomageek, Burgeräcker 8, 71364 Winnenden (hereinafter "Contractor") and the respective client (hereinafter "Client") for the provision of IT services, in particular web development, web design, AI integration, and IT consulting.

(2) These GTC apply exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law, or special funds under public law. By entering into the contract, the Client confirms that they are acting in the exercise of their commercial or independent professional activity.

(3) Deviating, conflicting, or supplementary GTC of the Client shall only become part of the contract if the Contractor has expressly agreed to their applicability in writing. This consent requirement applies in all cases, even if the Contractor performs services without reservation in knowledge of the Client's GTC.

§ 2 Subject Matter and Scope of Services

(1) The Contractor provides IT services, in particular:

Conception, design, and development of websites and landing pages
Integration of AI chatbots and automation solutions
Technical consulting and IT advisory
Maintenance and support of existing web projects

(2) The type and scope of services to be provided shall be determined by the individual offer or service description (specification document), which shall form part of the respective contract as an annex.

(3) Services exceeding the agreed scope require a separate agreement and shall be remunerated additionally (Change Request). The Contractor shall promptly notify the Client of any additional effort.

(4) The Contractor is entitled to engage qualified third parties (subcontractors) for the provision of services. The Contractor remains responsible to the Client for the proper provision of services.

§ 3 Offers and Conclusion of Contract

(1) Offers by the Contractor are non-binding and without obligation unless expressly designated as binding.

(2) The contract is concluded upon written order confirmation by the Contractor or upon commencement of service provision. Written form is also satisfied by email.

(3) No oral side agreements exist. Amendments and additions to the contract require text form (§ 126b BGB).

§ 4 Client's Obligations to Cooperate

(1) The Client shall provide the Contractor with all information, documents, and materials (texts, images, logos, access credentials) required for service provision in a timely manner and free of charge.

(2) The Client shall designate a responsible contact person authorized to make decisions within the scope of the project and to grant approvals.

(3) The Client shall provide requested feedback and approvals within ten (10) business days. If feedback is not received despite a grace period, the submitted drafts shall be deemed approved.

(4) If the Client fails to fulfill their cooperation obligations in a timely manner, agreed deadlines shall be extended accordingly. The Contractor is entitled to invoice additional effort arising from such delays separately.

(5) The Client ensures that the content they provide (texts, images, trademarks) is free from third-party rights or that the necessary usage rights exist. The Client shall indemnify the Contractor against third-party claims based on a breach of this obligation.

§ 5 Prices and Payment Terms

(1) Remuneration is based on the individual offer. Unless otherwise agreed, the prices of the Contractor valid at the time of contract conclusion shall apply.

(2) All prices are net prices. Statutory value-added tax will be shown separately where applicable. If the Contractor is a small business owner within the meaning of § 19 UStG, no VAT will be charged; a corresponding note will appear on the invoice.

(3) For projects with a total volume exceeding EUR 1,000, the Contractor is entitled to request progress payments pursuant to § 632a BGB. Unless otherwise agreed, the following schedule applies:

30% upon contract conclusion (advance payment)
40% upon acceptance of a substantial interim result
30% upon final acceptance

(4) Invoices are due for payment within fourteen (14) days of the invoice date without deduction.

(5) If the Client is in default of payment, the Contractor is entitled to charge default interest at a rate of 9 percentage points above the respective base interest rate of the ECB (§ 288 para. 2 BGB). The right to claim further damages caused by default is reserved.

(6) In the event of payment default exceeding thirty (30) days, the Contractor is entitled to suspend further service provision until settlement of outstanding claims (right of retention pursuant to § 273 BGB).

(7) The Client may only offset claims that are undisputed or have been legally established.

§ 6 Deadlines and Time Frames

(1) Delivery dates and deadlines are agreed individually. Binding deadlines must be expressly designated as such.

(2) To the extent that the Contractor cannot provide services on time because the Client has not fulfilled their cooperation obligations (§ 4), the deadline shall be postponed by the period of the delay plus a reasonable start-up period.

(3) In the event of delays due to force majeure, official orders, or other circumstances beyond the Contractor's control, the agreed deadlines shall be extended by the duration of the impediment. The Contractor shall inform the Client without delay.

§ 7 Acceptance

(1) To the extent the contract qualifies as a contract for work (Werkvertrag) within the meaning of § 631 BGB, the Client is obligated to accept the work created in accordance with the contract.

(2) The Contractor shall notify the Client of completion and request acceptance. The Client shall review the work within fourteen (14) business days of the request and either declare acceptance or refuse acceptance specifying concrete defects.

(3) If the Client does not declare acceptance within the period specified in paragraph 2 and does not specify any concrete defect, the work shall be deemed accepted (fictitious acceptance pursuant to § 640 para. 2 BGB).

(4) Minor defects do not entitle the Client to refuse acceptance (§ 640 para. 1 sentence 2 BGB). The Client may reserve minor defects upon acceptance (acceptance subject to reservation).

(5) For larger projects, partial acceptance for individual project phases or modules may be agreed. The provisions of this section shall apply accordingly.

§ 8 Warranty and Defect Liability

(1) The Contractor warrants that the services provided conform to the agreed specifications. A defect exists if the work deviates from the agreed service description. Insignificant deviations do not constitute a defect.

(2) The Client shall report recognized defects immediately, no later than within fourteen (14) business days of discovery, in writing with a specific description of the defect symptoms (defect notification).

(3) In the event of a defect, the Contractor shall first have the right and obligation to remedy the defect (§ 635 BGB). The Contractor shall remedy the defect within a reasonable period.

(4) If remediation fails after two attempts, the Client may, at their choice, demand a reduction in remuneration or, in the case of a significant defect, withdraw from the contract.

(5) Warranty claims expire twelve (12) months after acceptance. This does not apply to defects based on intentional or grossly negligent conduct; in such cases, the statutory limitation periods shall apply.

(6) The warranty does not apply to the extent the defect is attributable to subsequent modifications of the work by the Client or third parties, to non-contractual use, or to circumstances not attributable to the Contractor.

§ 9 Limitation of Liability

(1) The Contractor shall be liable without limitation for damages arising from injury to life, body, or health based on a negligent or intentional breach of duty, as well as for damages based on intent or gross negligence.

(2) In cases of slight negligence, the Contractor shall only be liable for breach of essential contractual obligations (cardinal obligations). Cardinal obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance the Client may regularly rely.

(3) Liability for breach of cardinal obligations is limited to foreseeable, contract-typical damages, but in no case exceeding the net remuneration agreed for the respective order.

(4) Liability for indirect and consequential damages, in particular lost profits, is excluded in cases of slight negligence.

(5) Liability under the Product Liability Act remains unaffected by the above limitations.

(6) To the extent the Contractor's liability is excluded or limited, this shall also apply to the personal liability of their vicarious agents and subcontractors.

§ 10 Usage Rights and Copyright

(1) All works created within the scope of the assignment (designs, code, texts, graphics) are protected by copyright. The copyright remains with the Contractor (§ 7 UrhG).

(2) Upon full payment of the agreed remuneration, the Contractor grants the Client a simple (non-exclusive), temporally and geographically unrestricted right of use for the contractual works for the agreed purpose. The right of use includes the right to reproduce, make publicly available, and modify the works within the scope of the contractual purpose.

(3) The granting of exclusive usage rights or use beyond the contractual purpose requires a separate written agreement and appropriate additional remuneration.

(4) The Contractor is entitled to use the project in anonymized or general form as a reference in their portfolio, on their website, and in acquisition materials, unless the Client expressly objects in writing (reference right).

(5) To the extent that open-source components or components with their own license terms are used in the project, the Contractor shall inform the Client accordingly. The respective license terms shall take precedence over the provisions of this section.

(6) Pre-existing works of the Contractor (own libraries, templates, frameworks) incorporated into the project remain the property of the Contractor. The Client receives a simple right of use within the scope of the contractual purpose.

§ 11 Confidentiality

(1) The contracting parties undertake to treat all confidential information of the respective other party obtained within the scope of the cooperation as confidential and to use it only for the performance of the contract.

(2) Information shall be deemed confidential if it is marked as confidential or if its confidential nature is apparent from the circumstances, in particular trade and business secrets, technical data, concepts, and customer data.

(3) The confidentiality obligation does not apply to information that:

was already publicly known at the time of disclosure,
was already known to the recipient prior to disclosure,
was lawfully received from third parties without confidentiality obligations,
was independently developed by the recipient,
must be disclosed due to legal obligations or official orders.

(4) The confidentiality obligation shall remain in effect for the duration of the cooperation and for a period of two (2) years after its termination.

§ 12 Termination

(1) Continuing obligations (e.g., ongoing maintenance contracts) may be terminated by either party with thirty (30) days' notice to the end of the month, unless a different period has been individually agreed.

(2) The Client's right to freely terminate a contract for work pursuant to § 648 BGB remains unaffected. In this case, the Contractor is entitled to the agreed remuneration minus the expenses saved as a result of the termination; it is presumed that the Contractor is entitled to 5% of the remuneration attributable to the part of the service not yet rendered (§ 648 sentence 3 BGB).

(3) The right to extraordinary termination for good cause (§ 648a BGB, § 314 BGB) is reserved for both parties. Good cause exists in particular when:

the other party violates a material contractual obligation despite a warning and grace period,
insolvency proceedings are opened against the other party's assets or the opening is rejected for lack of assets,
the Client is in default of payment amounting to more than one monthly installment or more than thirty (30) days.

(4) In the event of termination, the Client shall remunerate the services rendered up to the effective date of termination. The Contractor shall hand over the work results created up to that point.

(5) Termination requires text form (§ 126b BGB).

§ 13 Data Protection

(1) The parties undertake to comply with applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).

(2) To the extent the Contractor gains access to personal data of the Client or their customers within the scope of service provision, the parties shall conclude a separate Data Processing Agreement (DPA) pursuant to Art. 28 GDPR.

(3) Details on data processing by the Contractor in connection with their website and services can be found in the Privacy Policy.

§ 14 Final Provisions

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of jurisdiction for all disputes arising from or in connection with this contract shall be Winnenden or the competent court at the Contractor's registered office, provided the Client is a merchant, legal entity under public law, or special fund under public law.

(3) Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby (§ 306 BGB).

(4) Amendments and additions to these GTC require text form. No oral side agreements exist.