General Terms and Conditions of Niko Strobel

Status: January 1, 2024

Part 1: General conditions for all deliveries and services

  1. General information
    1. is a sole proprietorship based in Riedlingen, hereinafter abbreviated to Niko Strobel.
    2. The offers and services of Niko Strobel are provided to its customers exclusively on the basis of the following General Terms and Conditions. If the general terms and conditions of the principal or customer deviate from the general terms and conditions of Niko Strobel, these deviations shall not apply - even if Niko Strobel does not object to them.
    3. The terms and conditions of Niko Strobel are available on our homepage 
  2. Placing an order
    1. The order shall be placed in writing.
    2. The order placement shall only be deemed accepted upon written order confirmation by letter, fax or e-mail by Niko Strobel.
    3. If Niko Strobel is commissioned by the Customer to make hosting / domain reservations, the Customer expressly authorizes Niko Strobel to make the reservations of the domain names to be used with the respective registry on behalf of the Customer.
    4. As a rule, the creation period for a website is one to four months after receipt of all the necessary documents and information from the customer. If the customer has a special deadline request, i.e. if, for example, the website is to be created within a certain period of time, then this deadline or period must be recorded in writing in the order confirmation. This also applies to the associated express surcharge, which must be negotiated and also recorded in writing on the order confirmation.
    5. The costs for hosting, domain name renewals and maintenance packages are in advance and directly after invoicingdue.
    6. Unless otherwise agreed in writing, quotations shall be valid for a period of two weeks.
  3. Terms of payment
    1. If the customer is in default of payment, Niko Strobel shall be entitled, after prior reminder, to of ten daysshall be entitled to suspend the contractual services until full payment has been made.
    2. If full payment is still not made after two further months, Niko Strobel shall be entitled to cancel the entire contract with the customer.
  4. Data security and liability
    1. If data is transmitted to Niko Strobel, regardless of the type and how, the client or customer is obliged to make backup copies beforehand.
    2. Niko Strobel cannot be held liable for any loss of data not caused by willful or grossly negligent behavior of Niko Strobel.
    3. The customer is obliged to transfer his backed-up data to Niko Strobel free of charge upon request, if a data loss has occurred.
  5. Obligations of the customer
    1. It goes without saying that the content of the Internet pages does not conflict with the laws of EU countries, international agreements or international treaties. A specific violation would be, for example, if the content of the pages contained pornographic or politically extreme information, etc.
    2. The customer bears sole responsibility for the content and texts of his pages.
    3. This also applies to links (cross-references) to other websites whose content is punishable by law.
    4. The customer is not authorized to represent other companies on the web space made available to him without the express written consent of Niko Strobel.
    5. If the client/customer publishes legally questionable content, Niko Strobel is obliged by law to block the publication of such pages on its Internet server until legal clarification.
    6. Niko Strobel uses the email addresses postmaster@, webmaster@, abuse@ with the respective domain name of the customer to manage the website of the client/customer. These e-mail addresses are therefore not available to the customer. Niko Strobel would like to point out further obligations of the customer to cooperate:
    7. In order to ensure that the creation of a website runs smoothly, it goes without saying that the client/customer should send images, texts, logos, pins such as those from Google, Auth-Code etc. to Niko Strobel without delay.
    8. The same applies to the review and approval of drafts/final versions, including any comments from the client/customer.
    9. For reviews with comments/change requests and for the final acceptance, 14 days shall be deemed agreed in each case so that other projects of Niko Strobel are not affected. In justified exceptional cases, Niko Strobel is prepared to negotiate an extension of the deadlines.
    10. If Niko Strobel has not received all necessary texts or images or logo etc. within three months after the order has been placed, Niko Strobel shall be entitled to cancel the order and invoice all services rendered up to this date. All payments already made by the client/customer up to that date shall be forfeited and can no longer be reclaimed.
    11. As far as Niko Strobel provides services that are free of charge (e.g. creation of presentations and their entries on internet platforms typical for the industry as well as updates of the websites), Niko Strobel may discontinue such services at any time. The customer cannot derive any claims for reimbursement/compensation and the like from this.
  6. Exclusions of liability
    1. Niko Strobel cannot be held liable for technical malfunctions caused by server hardware failure or software, provided that these do not exceed 72 hours per month.
    2. In any case, liability is limited to the amount of the service package.
      Niko Strobel shall in no case be liable for loss of profit and other secondary damages.
    3. Niko Strobel cannot be held liable in any case if the failures are caused by malfunctions in the Internet, in the communication network or by overloading these networks.
    4. Niko Strobel shall in no case be liable if Niko Strobel has a domain registered in the name of the client or customer.
  7. Force majeure
    1. If war, riots, natural disasters, etc., but also strikes/lockouts and the like as possibilities of force majeure affect the services of Niko Strobel or make them completely impossible, Niko Strobel shall be released from the fulfillment of its contractual obligations towards the Principal/Customer for the period of the effects of force majeure.
    2. Thereafter, Niko Strobel shall be granted a reasonable lead time to fulfill its contractual obligations towards its client/customer.
  8. Invalidity of contractual provisions
    Should a provision of this contract be invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace an invalid provision with a valid provision that comes as close as possible to the invalid provision.

Part 2: Special conditions for the provision of maintenance services

  1. Service content
    1. The object of the maintenance contract and the services of Niko Strobel is WordPress maintenance as part of the ordered maintenance package.
    2. Niko Strobel undertakes to regularly maintain the aforementioned WordPress website of the customer, to install necessary updates and to back up the data of the website.
    3. The intervals for these tasks from point A point 2 are specified accordingly in the various maintenance packages.
    4. Niko Strobel is obliged to handle the customer's access data with care and to prevent misuse of the access data by third parties.
    5. Unless otherwise agreed, updates are carried out directly on the live website. Should problems occur, Niko Strobel will restore the previous backup and discuss further steps with the customer. This is no guarantee against attacks on or outages of the customer's website.
    6. Should compatibility problems or errors occur on the customer's website after updating a plugin, theme or WordPress version due to other circumstances, these can be rectified by Niko Strobel for an agreed fee after prior consultation. This also includes the restoration of the website.
    7. Depending on the update, the website may be unavailable for a few seconds/minutes. If unforeseen complications occur, the website may be down for a longer period of time until it is repaired or a backup is restored.
    8. Claims for damages against Niko Strobel or its employees or representatives, irrespective of the legal grounds, are excluded, except in cases of gross negligence or willful misconduct. The injured party has to prove the existence of gross negligence.
  2. Obligations of the customer:
    1. The customer grants Niko Strobel the following accesses:
      1. A user account for the WordPress website with admin rights
      2. FTP access data for the WordPress installation
      3. Webspace Config Panel of the hoster
      4. Access to the MySQL database and PhpMyAdmin
  3. Remuneration
    1. All prices are net plus 19% statutory VAT.
    2. The monthly all-inclusive price depends on the maintenance package booked.
    3. The current month is calculated pro rata from the date the order is placed and is due immediately.
    4. Additional services that go beyond the scope of the maintenance package will be invoiced on an hourly basis at our regular hourly rate per hour + VAT, unless otherwise agreed. Niko Strobel will inform the customer in advance about the additional chargeable activities.
  4. Payment
    1. The all-inclusive prices for the maintenance package are payable in advance.
    2. The invoice for the WordPress maintenance package will be sent by email.
    3. Additional services will be invoiced immediately after completion or at the end of the month by the minute or as a lump sum by prior agreement.
  5. Term and termination
    1. The benefit shall commence upon utilization from the final invoice date.
    2. The contract is concluded for an indefinite period.
    3. The contract can be terminated in writing by either party at any time up to the 14th of the month to the end of the month.
  6. Special agreements
    1. Special agreements - including subsequent agreements on additional services - must be made in text form.
    2. No special agreements are currently in place.
  7. Final terms
    1. This contract shall be governed exclusively by German law.
    2. Should any disputes arise, the place of jurisdiction shall be the registered office of Niko Strobel.
    3. Should individual provisions of this contract be or become invalid, this shall not affect the validity of the remainder of the contract.