General Terms and Conditions

Version: May 2026

Please note: This is an auxiliary translation provided for convenience only. The German version („Allgemeine Geschäftsbedingungen“, available here) is the legally binding version. In the event of any discrepancy, the German text shall prevail.

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§ 1 Scope of Application

These General Terms and Conditions (GTC) apply to all contracts between Johannes Hoffmeier (address and contact details see Imprint; hereinafter “Contractor”) and his clients (hereinafter “Client”). Clients may be entrepreneurs within the meaning of § 14 BGB (German Civil Code) as well as consumers within the meaning of § 13 BGB.

Deviating conditions of the Client are not recognised unless the Contractor expressly agrees to them in writing. These GTC also apply if the Contractor performs services without reservation despite being aware of conflicting conditions.

§ 2 Formation of Contract

Offers by the Contractor are non-binding. A contract is formed only upon the Contractor’s written or electronic order confirmation, or upon commencement of service delivery.

Changes to the agreed scope of work (change requests) always require a written agreement and may result in adjustments to remuneration and the project timeline.

§ 3 Remuneration and Payment Terms

Remuneration is agreed individually (time-and-materials or fixed price). All stated prices and day rates are net amounts excluding German VAT (Mehrwertsteuer) unless explicitly marked as gross amounts in the offer. As services are directed primarily at business clients, VAT is stated separately as standard.

Unless otherwise agreed, invoices are due within 14 days of issue without deduction. In the event of late payment, default interest shall accrue at the statutory rate (§ 288 BGB). The Contractor is entitled to demand reasonable advance payments for longer projects. All usage rights remain with the Contractor until payment is received in full.

§ 4 Limitation of Liability

The Contractor’s liability is limited to intent and gross negligence. In cases of slight negligence, liability is restricted to the breach of material contractual obligations (cardinal duties); in such cases liability is capped at the typical, foreseeable damage. In consumer contracts, the foregoing limitations of liability apply only to the extent permitted by law.

Liability for data loss is limited to the recovery effort that would have been required had the Client maintained proper backups. These limitations do not apply to injury to life, body or health.

§ 5 Confidentiality

Both parties undertake not to disclose confidential information of the other party (in particular business data, technical documents and customer data) to third parties, and to use such information solely for the agreed contractual purpose.

This obligation survives termination of the contract. It does not apply to information that (a) is or becomes publicly known through no fault of either party, (b) was already known to the receiving party prior to conclusion of the contract, (c) was disclosed by an authorised third party without any obligation of confidentiality, or (d) must be disclosed by law or official order. In the latter case the other party shall be notified in advance to the extent legally permissible.

Where the Contractor processes personal data of the Client in the course of service delivery, a data processing agreement pursuant to Art. 28 GDPR shall be concluded at the Client’s request.

§ 6 Consulting Services

§ 6.1 Scope of Services
The Contractor provides consulting services based on agreed concepts, hour budgets or work contracts. Typical services include the analysis of IT infrastructures and business processes, development of automation strategies, advice on software architecture and solution design, and expert support during implementation projects. Unless expressly agreed otherwise, the Contractor owes competent advisory performance (service contract / Dienstvertrag), not a specific business outcome.

§ 6.2 Client Obligations
The Client shall provide the Contractor in good time and in full with all information, credentials, system access and other resources required to perform the services. Delays caused by insufficient cooperation on the part of the Client are not attributable to the Contractor. Additional effort arising from late or incomplete information will be invoiced separately.

§ 6.3 Termination
Ongoing consulting engagements on the basis of a service contract may be terminated by either party with four weeks’ notice to the end of a calendar month. The right to terminate for good cause without notice remains unaffected.

§ 7 Software Development

§ 7.1 Scope of Services
The scope of services is governed by the respective service description, in an agile context or by functional specification. Typical services include the conception, development and deployment of web applications, web APIs, content management systems and related digital solutions. The Client must tolerate a testing environment and participate in quality assurance. Production deployments take place only after joint sign-off.

§ 7.2 Copyright and Usage Rights
All software artefacts, source code and other works created by the Contractor are subject to German copyright law. Upon receipt of full payment, the Contractor grants the Client a simple right of use for the agreed purpose, unless an exclusive licence has been expressly agreed. The right of use is not transferable without the Contractor’s prior written consent. The Contractor retains the right to cite the developed solution as a reference project, unless the Client has a legitimate confidentiality interest. Third-party components (libraries, frameworks) remain subject to their respective licences.

§ 7.3 Acceptance
After completion the Client is obliged to inspect and accept the work within 14 calendar days, or to raise any defects in writing. Material defects entitle the Client to refuse acceptance; for minor defects acceptance shall be declared subject to rectification. If the Client fails to accept within the deadline without raising specific defects, the work is deemed accepted upon expiry of that period; in consumer contracts this deemed-acceptance effect applies only if the Contractor has expressly drawn the Client’s attention to the significance of their conduct at the start of the period. Use of the work in production also constitutes implied acceptance.

§ 8 Photography and Videography

§ 8.1 Scope of Services
The Contractor provides the agreed shooting and post-production services (e.g. portrait photography, event photography, video production). Deliverables, number and type of shots, editing style and file format are agreed in writing in advance. The Contractor guarantees professional execution. External factors such as weather, lighting conditions or ambient noise are beyond the Contractor’s control and do not entitle the Client to a reshoot or price reduction, unless the Contractor acts culpably.

§ 8.2 Usage Rights
Upon receipt of full payment the Client receives a simple right of use for the delivered image and video files for the agreed purpose (e.g. company website, social media, internal communications). Any resale, assignment or use for purposes beyond those agreed, in particular commercial sub-licensing, requires the Contractor’s express written consent.

§ 8.3 Image Rights and Rights of Personality
The Client is responsible for ensuring that all persons depicted have given their consent to being photographed and to the intended publication (Section 22 of the German Art Copyright Act, KUG). The Client shall indemnify the Contractor against all third-party claims arising from a missing, withdrawn or insufficient consent of depicted persons. This indemnification obligation also covers the costs of any legal defence.

§ 8.4 Reference and Portfolio Use
The Contractor may only publish the delivered image and video works as a reference or in his portfolio, or otherwise use them for showcase purposes, with the Client’s express prior written consent. This shall not affect the Contractor’s right to reference the works in client conversations, provided no legitimate confidentiality interests of the Client stand in the way.

§ 9 Equipment Rental

§ 9.1 Ownership and Custody
Rental items remain the property of the Contractor (lender). Upon handover, the duty of care and liability for the items pass to the Client (borrower).

§ 9.2 Liability of the Borrower
The borrower assumes liability for the rental items throughout the entire rental period, either through their own insurance or at their own expense, including any excess payments and loss-of-use charges. The borrower guarantees full restoration of the items to their original condition, either by repair or replacement.

§ 9.3 Failure by the Lender
If the lender is unable to provide the rental items due to their own fault, the borrower may claim a refund of the rental fee and any deposit paid. Claims for specific performance or further damages are excluded.

§ 9.4 Exclusion of Lender Liability
The lender accepts no liability for damage caused by the use of the rental items, in particular for data loss.

§ 9.5 Duty to Report
Any damage to the rental items and any anticipated or actual delay in return must be reported to the lender immediately and in person.

§ 9.6 Deposit and Payment Terms
The deposit does not bear interest. Unless otherwise agreed, the rental fee will be invoiced within 14 days after return of the items. All shipping costs are charged to the borrower separately.

§ 10 Final Provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from this contractual relationship is Stuttgart, provided the Client is a merchant or a legal entity under public law.

Force majeure (including natural disasters, pandemics, war, official orders or infrastructure failures) shall release the Contractor from its performance obligations for the duration of the event; agreed deadlines shall shift accordingly. The Client will be notified without delay.

Note on alternative dispute resolution: The Contractor is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

Should any provision of these GTC be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The statutory regulation shall apply in place of the invalid provision.