§ 1 Scope
These General Terms and Conditions (GTC) apply to all contracts between Klarspur (Owner: Kevin Labetzsch, Halebüller Weg 7, 25813 Husum, Germany — sole proprietorship) (hereinafter "Klarspur") and its clients (hereinafter "Client") for the provision of services in the area of web development, SaaS solutions, digital consulting, and related IT services.
Deviating conditions of the Client are not recognised unless Klarspur has expressly agreed to their applicability in writing.
§ 2 Conclusion of contract
Offers from Klarspur are subject to change and non-binding. A contract is only concluded by written order confirmation from Klarspur or by commencement of service provision. Verbal side agreements require written confirmation.
§ 3 Scope of services
The scope of services results from the respective offer or service description. Klarspur provides the agreed services according to the state of the art and with due care. Changes or extensions to the scope of services require a written agreement and may lead to an adjustment of price and delivery time.
§ 4 Cooperation obligations of the Client
The Client undertakes to provide Klarspur with all information, content, and access required for the implementation of the project in a timely and complete manner. Delays caused by insufficient cooperation by the Client are not at the expense of Klarspur and may lead to an adjustment of deadlines and remuneration.
§ 5 Remuneration and payment terms
Remuneration is based on the agreed offer. All prices are exclusive of statutory VAT. Invoices are due for payment within 14 days of the invoice date without deduction. In case of late payment, default interest at the statutory rate will be charged.
For larger projects Klarspur is entitled to demand a down payment of up to 50% of the order value upon conclusion of the contract. The exact down payment amount is set out in the offer.
§ 6 Rights of use
Upon full payment of the agreed fee, Klarspur transfers to the Client the simple, temporally and spatially unrestricted right to use the works created for the agreed purpose. Types of use not covered require a separate agreement.
Klarspur reserves the right to use the work performed in its own portfolio and for reference purposes, unless the Client expressly objects.
§ 7 Warranty
Klarspur warrants that the services provided meet the agreed specifications. The Client must report any defects in writing immediately, at the latest within 14 days of acceptance. Klarspur has the right to rectify (rework or re-perform). The warranty period is 12 months from acceptance.
§ 8 Limitation of liability
Klarspur is liable without limitation for intent and gross negligence as well as for damages arising from injury to life, body, or health. For slight negligence, Klarspur is only liable for breach of essential contractual obligations (cardinal obligations) and only up to the amount of foreseeable damage typical for the contract.
Liability for indirect damages, consequential damages, and lost profits is excluded to the extent permitted by law.
§ 9 Confidentiality
Both parties undertake to treat all confidential information received in the course of cooperation as confidential beyond the end of the contract and not to pass it on to third parties unless there is a statutory obligation to disclose.
§ 10 Data protection
Klarspur processes personal data of the Client exclusively for contract execution and in accordance with GDPR. Further information can be found in our privacy policy.
§ 11 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction for all disputes arising out of or in connection with this contract is Husum, Germany, provided the Client is a merchant, legal entity under public law, or special fund under public law.
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose of the invalid provision.
Amendments and supplements to these GTC must be in writing. This also applies to the cancellation of the written form requirement.
Status: June 2026 – Klarspur, Husum