General Terms and Conditions

§1 General

  1. The following General Terms and Conditions (“GTC”) apply to all contracts for conception, text, and design, and marketing services as well as the creation and hosting of websites and related services between the Agency jut-so and the Client.
  2. The GTC of jut-so applies exclusively. They apply to all offers, deliveries, and services of jut-so. Insofar as the Client did not have the opportunity to become aware of them at the time of conclusion of the contract, they nevertheless apply if the Client knew or should have known of the GTC from previous transactions. This also applies in particular if the Client uses general terms and conditions and these contain conditions that are contrary to or deviate from the conditions listed here.
  3. The terms and conditions listed here also apply if jut-so executes the order unconditionally in the knowledge of terms and conditions of the Client that are contrary to or deviate from the terms and conditions listed here.
  4. Deviations from the conditions listed here are only valid if jut-so expressly agrees to them in writing.
  5. Upon acceptance of the offer, the GTC becomes an integral part of the contract between jut-so and the Client.

§2 Subject matter of the contract

  1. The services of jut-so are defined in detail in the offer of the Agency. Services not listed there do not become part of the contract.
  2. Where agreed with the respective associated price section,
    • jut-so creates a website for the Client with the specified features in accordance with the service description,
    • jut-so provides the Client with storage space on the Internet (web space) for the Client’s website and its connection to the Internet (hosting);
    • jut-so provides technical support for the website of the Client with the agreed scope of services;
    • jut-so provides the Client on request with a software tool with which the Client can view information about the use of his website by visitors of the website. The data includes, but is not limited to, page views, access sources, bounce rates, referring websites, search engines used, and search entries;
    • jut-so registers the domain selected by the Client with the responsible registries on behalf of the Client and keeps the Client’s website available for retrieval on the Internet under this domain for the duration of the contract,
    • jut-so creates corporate design content for the Client (logos, business stationery, image brochures, product brochures, folders, flyers, and others).
    • jut-so conceptualizes and provides marketing and advertising services (creation of funnels, Google Ads campaigns/formerly called AdWords campaigns, content, tracking, analysis, optimization, online marketing, social media consulting, social media campaigns, and others).
  3. The Client may request changes or extensions to the contractually agreed scope of services during a project. The notification of the change requests shall be made in text form. If jut-so does not accept such a change request, the agreed services remain unchanged. If jut-so performs supplementary services without a supplementary agreement on remuneration, Section 4(1) applies. 3.
  4. Insofar as the Client places orders with jut-so verbally, these are binding. jut-so is entitled to have the Client confirm verbally placed orders in text form without delay. An order is regarded as placed in this respect if jut-so, prior to agreement on all points of an order, begins with a part of the execution of the order in the knowledge of the Client without the Client objecting. An order can also be accepted by jut-so by execution of the activity if clarification has already been reached on all points of order.
  5. jut-so is entitled, at its own discretion, to perform the service itself or to have it performed by competent third parties as subcontractors. jut-so is entitled to change the Internet infrastructure used and the service providers and vicarious agents commissioned with the execution of the service at any time provided that this does not result in any disadvantages for the Client. Insofar as in individual cases, contracts for external services are concluded in the name of and for the account of jut-so and in coordination with the Client, the Client undertakes to release jut-so in the internal relationship from all liabilities arising from the conclusion of the contract. This includes in particular the assumption of costs.
  6. In the course of technical progress, jut-so may also provide the services using newer or different technologies, systems, procedures, or standards, provided that this does not result in any disadvantages for the Client.
  7. The contractual services shall at all times be performed in close coordination with the Client. jut-so informs the Client about the status of the project planning.

§3 Offer, Information

  1. The presentation of offers of the Agency on the website is only an invitation to the Client to submit an offer.
  2. jut-so will make an offer to the Client with the services contained in detail and the associated prices.
  3. Notwithstanding Section 312 I (1) (1-3) of the German Civil Code (BGB), the Client is not entitled to the provision of technical means to correct his order, separate information on the technical steps to conclude the contract, information on the storage of the contract, the available languages and codes of conduct as well as an immediate confirmation of his order.

§4 Prices, Terms of Payment, Set-off, Retention

  1. All prices vis-à-vis entrepreneurs and private individuals are net prices plus the statutory value-added tax applicable at the time, insofar as this is incurred and nothing to the contrary has been agreed.
  2. A down payment is due when the order is placed. Depending on the agreement, either a deposit amounting to 50% of the total sum for the entire project shall be paid or the invoice for the respective upcoming, predefined part of the project (referred to as “Step” in the offer and below) shall be settled (milestone settlement). The amount of the payment sum results from the offer.
  3. Unless otherwise agreed, an advance payment of 50% of the total sum shall be made for individual projects with acceptance of the offer. The amount paid shall be deducted in full from the total amount. The final invoice amount is due upon completion of the work, but no later than six months after acceptance of the offer.
  4. Unless otherwise agreed, milestone invoicing applies to projects consisting of several Steps (see Section 4(2)). The items defined in the offer are due at the start of the respective project phases, but no later than six months after the start of the corresponding Step defined in the project plan (see Section 8 (2)).
  5. jut-so works on a project basis and allocates personnel capacities according to the planned projects. In the event of a delay in the project plan caused by the Client (see Section 8 (2)), jut-so is entitled to carry out the milestone settlement according to the original project plan. Depending on the time of the delay notice by the Client, the milestone settlement shall be made as follows:
    • Up to 3 months before due date: 0%
    • Up to 6 weeks before due date: 30%
    • Up to 4 weeks before due date: 50%
    • Up to 2 weeks before due date: 70%
    • Less than 14 days: 100%.
  6. The Client is informed that he is in default of payment at the latest 14 days after receipt of the invoice. If the Client is in arrears with payment, he is obliged according to Section 288 BGB to pay interest on arrears and the flat-rate damages regulated there. In the event of default in payment, jut-so can demand default interest in the amount of 8 percent above the respective base interest rate of the European Central Bank p.a.. The assertion of proven higher damage remains unaffected by this as does the Client’s entitlement to prove a lower charge in individual cases.
  7. The contractual remuneration only applies to the extent that contractual services have also been agreed. Additional services shall be remunerated according to the contractual rates in accordance with the offer, or alternatively in accordance with the appropriate remuneration customary in the locality. Accompanying services such as user introductions, documentation, training, support or similar are not included in the order as standard but are only part of the contract if this has been expressly agreed.
  8. The Client may only offset if his counterclaims have been legally established, are undisputed, or have been recognised by the Agency or if the right of offset is based on rights of the Client due to incomplete or defective performance from the same contractual relationship.
  9. jut-so is entitled to exercise a right of retention in respect of all claims arising from the business relationship with the Client.
  10. The remuneration for design drafts, final artwork and the granting of rights of use is based on the collective agreement for design services, concluded by the Association of Independent Design Studios (Selbstständige Design-Studios, SDSt) and the Alliance of German Designers (Allianz deutsche Designer, AGD) (latest version) unless other agreements have been made. Even the preparation of drafts is subject to a charge unless expressly agreed otherwise.
  11. If the designs are used to a greater extent than originally intended, jut-so is entitled to subsequently demand the difference between the higher remuneration for the actual use and the remuneration originally received.
  12. Travel costs and expenses for journeys to be undertaken in connection with the order and agreed with the Client are to be reimbursed by the Client.

§5 Website

  1. jut-so creates the website for the Client compatible with the current versions of the three main browsers: Chrome, Firefox, and Safari. Due to the variety of different representations in the different browsers and systems, an exact conformity of the representation and functionality can only be guaranteed with unjustifiable effort. Insofar as this does not result in a significant deterioration in the functionality of the website, such deviations do not constitute a defect. If the Client wishes an optimisation, this can be booked for a fee.
  2. Proper functionality cannot be guaranteed for older and future browser versions or future WordPress, theme, plug-in, or other third-party software versions used. If optimisation for these versions is desired, this can be booked for a fee.

§6 Corporate Design

  1. If commissioned, jut-so will create the corporate design for the Client with the agreed design in the formats according to the offer. Additional formats and editions require a further order to be placed with jut-so for which a charge will be made. If the Agency provides such services at the request of the Client, it is entitled to additional remuneration for this in accordance with the contractual agreement, or alternatively the customary and appropriate remuneration.
  2. Supplementary advice and implementation shall only be subject matter of the contract if it is listed in the offer.
  3. Due to the different colour standards for presentation on the web (RGB) and for print (CYMK), a complete match of web and print design cannot be achieved.

§7 Marketing

  1. Insofar as commissioned, jut-so provides marketing and advertising services for the Client with the content in accordance with the offer.
  2. In the case of the creation of content, tracking devices, analysis tools, and optimisation of a website, jut-so will provide the commissioned services in accordance with the rules of technology and deliver them to the Client or install them on the website.
  3. When carrying out advertising measures, social media campaigns, and Google Ads campaigns (formerly called AdWords campaigns), jut-so will carry out the measures to the extent discussed. No specific success can be guaranteed in this respect.
  4. In the case of advertising measures, the Agency’s prices do generally not include the necessary advertising budget; costs and expenses for advertising are always to be borne additionally by the Client.
  5. The Client is responsible for access to the required advertising platforms.

Project work

§8 Project procedure

  1. The commencement of a project requires the clarification of all technical, legal, and design issues and the timely and proper fulfillment of the Client’s obligations. The objection of non-fulfilment of the contract for jut-so remains reserved.
  2. Projects are divided into project phases (“Steps”) after consultation with the Client, which are recorded in a project plan. The project plan is accepted by the Client.
  3. After each Step, the Client is requested to accept the project. Then the next project phase begins.

§9 Acceptance

  1. jut-so will deliver or demonstrate the work of a Step to the Client. Thereby the respective project phase is considered to be completed. The Client will be requested to accept the partial or complete work within a period of one week after receipt, unless otherwise agreed. In the case of urgent orders, shorter deadlines may be set. If the Client does not express any change requests or reservations within this period, the work shall be deemed to have been accepted and the provisions of this contract regarding the Client’s obligations to cooperate and default of acceptance shall apply accordingly, provided that it was ready for acceptance, i.e. there were no significant defects in the partial or complete work.
  2. Upon acceptance, the risk of the website and other services shall be borne by the Client. In particular, the Client is obliged to observe and always keep up-to-date the imprint and privacy policy as well as all other legal requirements for the website and its social media appearances. Likewise, the Client must always keep the website up to date with regard to the technical requirements. This includes in particular the regular update of the software used (CMS, plug-ins and/or themes).
  3. Acceptance may not be refused on creative-artistic grounds. There is freedom of design within the scope of the order.

§10 Duties to cooperate

  1. The Client is obliged to provide jut-so with all necessary information and data (e.g. navigation structure, media to be used, legal texts etc.) in good time. This includes in particular all information on legal requirements for the website and the designs to be created by the Agency (e.g. logos) as well as all legal texts (e.g. imprint and data protection declaration) and any copyright or trademark rights conflicting with the contents. The legal requirements for websites and designs can only be assessed and specified by a lawyer. Checking, complying with and incorporating legal requirements is not the subject of the order, unless this is expressly agreed in return for additional remuneration.
  2. The Client is obliged to hand over required materials in a common, directly usable digital format. The Client ensures that the necessary rights of use are granted, in particular also reproduction, distribution and editing rights to the extent necessary for the realization of the project and the work of the Agency. The review of legal admissibility with regard to intellectual property and copyright can only be carried out by a lawyer and is not the subject of the order.
  3. The Client is obliged to provide jut-so with all access to his accounts on websites, platforms or other places necessary for the execution of the order and to carry out the transmission in a secure and encrypted manner. After completion of the order the Client is obliged to change the password immediately so that a later misuse is excluded. This does not apply if further support by jut-so has been agreed.
  4. The Client ensures that the server and software environment provided by him complies with the necessary minimum technical requirements for the project with the software environments to be used.
  5. The Client is obliged to carry out any necessary data backups independently as part of his own security measures, in particular also before the start of the order. The Agency is not liable for lost data insofar as it would still be available if the Client had properly backed up the data.
  6. The Client is obliged to maintain confidentiality towards third parties with regard to remuneration, details of the service description and internal communication.

§11 Liability

  1. The Client is advised that content on the website, in advertisements or in printed matter originating from third parties (in particular photographs, texts, plans, graphics, maps, sound recordings, videos, animations and drawings) may be protected by copyright. If the Client provides such materials, the Client himself must ensure that he has acquired all necessary rights for them, if necessary at a charge. Research by the Agency regarding conflicting trademark rights, copyrights or other industrial property rights is not subject matter of the contract.
  2. The Client assures that he is entitled to use all templates handed over to jut-so. If, contrary to this assurance, he is not entitled to do so, the Client shall indemnify jut-so against all claims for compensation by third parties.
  3. Insofar as the Client provides the Agency with tangible or intangible objects, in particular image, text or sound files, which infringe the rights of third parties, the Client is obliged to indemnify jut-so upon first request against any claims by third parties. This includes in particular the costs of legal prosecution.
  4. Unless otherwise stipulated in the contract, jut-so is only liable – irrespective of the legal grounds – for intent and gross negligence. This limitation of liability also applies to its vicarious agents and assistants. It is only liable for slight negligence in the event of a breach of material contractual obligations. In this case, however, liability for indirect damage, consequential damage and loss of profit is excluded. Liability for positive breach of contract, culpa in contrahendo and tort are also limited to compensation for typical, foreseeable damage.
  5. For orders placed with third parties in the name of and for the account of the Client, jut-so assumes no liability or warranty vis-à-vis the Client, insofar as jut-so is not at fault for the selection. jut-so merely acts as an intermediary in these cases.
  6. Insofar as jut-so itself is a Client of subcontractors, jut-so hereby assigns to the Client all warranty claims, claims for damages and other claims to which it is entitled arising from defective, delayed or non-delivery. The Client undertakes to first attempt to enforce the assigned claims before making a claim against jut-so. Acceptance of the GTC constitutes acceptance of the assignment of the aforementioned claims.
  7. The Client indemnifies jut-so against all claims made by third parties against jut-so due to conduct for which the Client bears responsibility or liability under the contract. He bears the costs of any legal action.
  8. jut-so is not liable for drafts, developments, elaborations, final designs and drawings released by the Client.
  9. jut-so is not liable for the admissibility and registrability of the work under competition and trademark law or for the novelty of the product.
  10. jut-so is not liable for the proper functioning of purchased plug-ins and themes from third-party providers.

§12 Provision of Services, Difficulties

  1. Costs for third party software or other products required for the realisation of the project (e.g. purchased themes, plug-ins, advertising budgets, advertising materials etc.) are not included in the price, unless otherwise agreed. Functionalities, responsive web design and browser compatibility can only be granted within the scope of the requirements of the third software product. The same applies with regard to restrictions of any required third-party products, such as functionalities of advertising platforms.
  2. In the event of unforeseen difficulties for which third parties are responsible (provider, external software provider, advertising platform, etc.) and which result in additional work, the Client is obliged to pay for the additional work on an hourly basis on the basis of the contractually agreed or locally customary, reasonable remuneration.
  3. Force majeure or operational disruptions occurring at the Agency or its subcontractors, e.g. due to riots, strikes, lock-outs, which temporarily prevent the Agency, through no fault of its own, from delivering the service on a possibly agreed date or within a possibly agreed period, extend the service times by the duration of the disruption caused by the circumstances.
  4. The integration and processing of images (e.g. cropping, retouching, converting the file format) or other media (PDFs, music, video, graphics, etc.) is not included in the price, unless agreed separately. The Client is responsible for ensuring that the media are provided in the correct size and resolution, file and colour format. Otherwise, the Client is obliged to pay for the additional work involved in the processing on an hourly basis on the basis of the contractually agreed or local, reasonable remuneration.
  5. Unless otherwise agreed in the offer, one correction loop with one change each is included per position from the offer. Undoing of desired changes, consequential changes and functional or structural changes are additionally payable by the Client by the hour on the basis of the contractually agreed or locally customary remuneration, as are subsequently applied changes after the start of a new project phase.

§13 Delay, Default of Acceptance, Withdrawal

  1. If the Client fails to fulfil one of his obligations to cooperate as agreed, the consequences arising therefrom, such as additional services and delays, shall be borne by the Client. jut-so is entitled to invoice the Client for the additional expenditure incurred.
  2. If, for example, information, access, documents or templates such as texts or photos are not available on time and in full, jut-so is entitled not to commence with the service or to work provisionally with placeholders. The subsequent incorporation of the material submitted late counts as a change to the order and is to be remunerated additionally in accordance with the contractually agreed, or alternatively the locally customary, appropriate remuneration.
  3. The Client is advised that jut-so works on a project basis and does not take on more than a certain number of projects at the same time. If the Client defaults on his obligations to provide, cooperate or accept, jut-so is entitled to postpone the time of service. This applies in particular if this results in a conflict with other projects of the Agency that have already been scheduled.
  4. Should a delay in the realisation of the order be caused by the Client, the Client is obliged to pay the milestone settlement in accordance with Section 4 (5) and to additionally remunerate the additional time required for familiarisation on the part of the Agency when the project is resumed in accordance with the contractually agreed, or alternatively the locally customary, appropriate remuneration.
  5. If the Client does not comply with his obligations to cooperate even after the unsuccessful expiry of a grace period, jut-so may withdraw from the contract and claim damages in lieu of the service. This includes in particular the remuneration agreed in accordance with the milestone settlement and determined in accordance with Section 4 (5) and the lost profit or the unearned overhead contribution after deduction of expenses saved by the Agency.
  6. If the Client terminates the contract without good cause, the Client is obliged to pay the agreed remuneration after deduction of what jut-so saves in expenses and acquires through other use of its labour or maliciously refrains from acquiring. Due to the project-related scheduling by jut-so, it may not be possible to acquire the work elsewhere at short notice.
  7. Should delays for which the Client is responsible require work to be carried out at weekends/on public holidays/at night in order to comply with a previously agreed schedule, jut-so is entitled to demand double the agreed hourly rate for work outside the usual working hours, provided that the Client continues to demand compliance with the schedule. Culpable delays include, but are not limited to, failure to deliver information at agreed times and late releases following feedback adjustments. The usual working hours are Monday to Friday between 09:00 and 18:00.

§14 Defect Rights, Statute of Limitations

  1. Insofar as marketing, search engine optimisation or other consultations are the content of the contract, a certain (economic) success cannot be guaranteed. In this respect, these are service contracts for which there is no warranty for defects.
  2. Claims for defects in artistic designs exist only insofar as these designs deviate substantially from the pre-contractual proposals and these deviations cannot be attributed to technical causes, lack of granting of rights or lack of cooperation on the part of the Client. If additional changes are desired, these shall be additionally remunerated in accordance with the contractually agreed, or alternatively the locally customary, appropriate remuneration. jut-so retains the claim to remuneration for work already commenced.
  3. If changes are made to the service by the Client, the warranty lapses if the Client does not refute a corresponding substantiated assertion by the Agency that only such a change has caused the defect.
  4. Advertising information provided by third parties, in particular by manufacturers of software used by the Agency for the provision of services, are not binding on jut-so.
  5. Insofar as the Client is a company, the rights of the Client due to defects in the service become time-barred one year after the handover or acceptance of the service. This also applies to the rights of the Client to compensation for damages or compensation for damages in lieu of the service, also due to all damages to other legal assets of the Client which have arisen as a result of the defect, unless it is a matter of damage to the life, body or health of the Client or jut-so is responsible for the defect due to intent or gross negligence.

§15 Copyrights, Rights of Use

  1. Each copyright contract awarded to jut-so is directed towards the granting of rights of use to the work services.
  2. After acceptance and payment in full, the Client acquires the exclusive right of use to the Agency’s work. Any transfer of the rights of use by the Client to third parties requires prior written agreement between the Client and jut-so. For partial works created before acceptance, all rights remain with the Agency; it is not obliged to hand over open files or layouts created on the computer to the Client.
  3. All drafts and final artwork are subject to copyright law. The provisions of the Copyright Act apply between the parties even if the necessary requirements for protection are not met in individual cases. Thus jut-so is entitled in particular to the copyright claims arising from Sections 97 ff. of the German Copyright Act (UrhG).
  4. Insofar as works are used which are used under a CC licence or an open source licence, these licence provisions apply.
  5. The drafts and final artwork may not be altered either in the original or in reproduction without the express consent of jut-so. Any imitation – even of parts – is not permitted. A breach of this provision entitles jut-so to demand a contractual penalty amounting to twice the agreed remuneration. If such remuneration is not agreed, the usual remuneration according to the collective agreement for design services SDSt/AGD (latest version) is deemed to have been agreed.
  6. With the licence the Client acquires the right to edit or delete the website or other supplied text content. In the event of any change, jut-so may request to no longer be named as the author of the website.
  7. jut-so has the right to be named as the author. It provides the website in the usual form with a reference to the author including a link to its website; the Client is permitted to remove this reference without the Agency’s consent unless it has an overriding interest in doing so.
  8. Proposals and instructions of the Client or its employees and agents have no influence on the amount of remuneration. They do not constitute a joint copyright.
  9. The Client agrees that jut-so may name the performance for the Client as a reference on its website and in other publications on- and offline. jut-so may for this purpose display or run excerpts from its work for the Client, link the URL and use the name, brand and logo of the Client for this purpose. The Client may revoke this consent with effect for the future for good cause.

§16 Retention of Title, Contractual Documents, Lien

  1. Only rights of use are granted for drafts and final artwork, but no rights of ownership are transferred.
  2. The originals must therefore be returned undamaged to jut-so as soon as the Client no longer urgently requires them for the exercise of rights of use, unless expressly agreed otherwise. In the event of damage or loss the Client reimburses the costs which are necessary for the restoration of the originals. The assertion of further damages remains unaffected.
  3. The dispatch of the works and originals is at the risk and for the account of the Client.
  4. jut-so reserves all property rights and copyrights to illustrations, drawings, calculations, sketches, drafts, photographs, graphics, designs and other documents. They are not the subject of the contract – the Client may not demand their return or pass them on to third parties.
  5. For the Agency’s claims against the Client arising from this contract, the Client provides a contractual lien on the objects and rights given by the Client to jut-so for processing, such as in particular software, texts, images and other objects and rights protected by copyright and intellectual property rights. This contractual lien also secures other claims of the Agency against the Client that do not stem directly from the order.
  6. The Client is obliged to provide the Agency with its current address in each case, insofar as and for as long as the right of lien exists. Otherwise, the Client cannot derive any rights from the fact that jut-so has sold the item or the right in the event of a – justified – lien sale and has only sent the lien sale notice to the last address known to the Agency, insofar as a new address was not readily ascertainable for jut-so by means of resident registration information.

Web Hosting

§17 Hosting

  1. The Internet storage is provided on a shared server of a third party server provider with the storage space specified in the offer, alternatively of 100 MB.
  2. Unless otherwise agreed, the Client is entitled to its own IP address or its own server for its website. The hosting is provided on central servers used by several users with one IP address and a bandwidth available for all users for the respective server. As a result, the actual bandwidth available to the Client may fluctuate.
  3. The Client receives the simple, non-exclusive right, limited in time to the term of the contract, to use the software functions associated with the use of the shared server in accordance with these GTC and the licence provisions of the third-party software providers. The Client does not receive any further rights.
  4. jut-so strives for the greatest possible availability of the Client’s website. If the availability of the website at times of normal visitor traffic falls short for a considerable period of time, the Client may claim a pro rata refund of the relevant hosting fees for the pro rata duration of the unavailability. Non-availability shall only be deemed to exist if the Client can no longer use the agreed services or the use of the services is unreasonably impeded and the underlying disruption is the responsibility of the Agency.
  5. Previously foreseeable maintenance work shall be announced. During maintenance, the website may be temporarily unavailable for technical reasons.
  6. Jut-so is not liable for force majeure or operational disruptions occurring at the Agency or the Agency’s subcontractors, e.g. due to riots, strikes, lockouts, which temporarily prevent jut-so from providing the services through no fault of its own. Furthermore, jut-so is not liable for data loss or unavailability which could easily have been prevented by suitable precautions taken by the Client in accordance with the rules of technology and his own precautions.
  7. jut-so reserves the right to restrict Internet access if this is required for the security of the network operation, the maintenance of the network or server integrity, in particular the avoidance of serious disturbances of the network or the server, the software or the stored data, the interoperability of the services or data protection.

§18 Domain Registration

  1. Insofar as domain registration by jut-so has been agreed, jut-so will check whether the domain names requested by the Client have already been allocated. Insofar as this check shows that the domains desired by the Client have not yet been allocated to third parties, jut-so will apply for these domains with a corresponding domain provider for the Client. Insofar as the examination shows that the domains have already been allocated to third parties, jut-so will inform the Client of this fact. jut-so has no further obligations in this respect.
  2. Insofar as queries arise in connection with the registration, jut-so will answer these after consultation with the Client.
  3. The success of the registration – i.e. the actual registration of the domains – is not owed by jut-so, the registration is the sole responsibility of the responsible domain provider.
  4. If the application is successful, the Client shall be registered with the registry as the legal owner of the domain.
  5. The maintenance of the registration is not owed by jut-so (normally, however, it is automatically extended).
  6. jut-so cannot check the domain for its compatibility with the rights of third parties, this is not agreed and cannot be agreed (unauthorised legal advice). The Client must therefore check the strings to be registered as a domain himself (if necessary by a legal or patent attorney) as to whether it is compatible with the rights of third parties and general legislation. The Client assures that there are no indications of a violation of third party rights or general laws for the desired domains. Should third parties nevertheless require the Client to change, delete or transfer one or more of the registered domains, the Client is solely responsible for the processing and all associated costs. The same applies to comparable official measures regarding one or more of the domains.
  7. The Client undertakes to accept the terms and conditions and the allocation regulations of the responsible domain provider. jut-so can demand the form required for all declarations regarding the domains (e.g. termination, change of provider, deletion of the domain), which is required for this according to the relevant registration conditions.

§19 Term and Termination of Webhosting

  1. The contract comes into force with the agreement of the parties and runs for a fixed period of one year from the agreed start date, or alternatively the moment of activation of the Client’s access. It shall always be renewed for a further year if it is not terminated by one of the contracting parties with one month’s notice to the end of the contract.
  2. A termination by the Client only becomes effective if the Client closes the domains to his contract himself (“Close”) or if he moves to another provider by means of connectivity coordination (“CC”). jut-so will assist with the Close and the CC. Without “Close” or “CC” a proper online termination is technically not possible and ineffective.
  3. The right to termination without notice for good cause remains unaffected. jut-so is in particular entitled to termination without notice,
    • if the Client is in arrears with a due payment for longer than 1 month
    • if the Client culpably violates a contractual obligation even after a warning.
    • if the Client does not remedy a contractual or legal infringement of third parties or an infringement of general legislation within a reasonable period of time (in particular if he makes illegal content available for retrieval or use on the server although he has been informed of this by third parties or jut-so).
  4. A prior warning is not required if the breach of duty by the Client is so serious that the continuation of the contract would be unreasonable for jut-so. This is particularly the case if jut-so would itself be liable to third parties due to the breach of duty.
  5. In the event of an extraordinary termination of the contract for hosting or domain services, the parties are obliged to cooperate in the “Close” or the “CC” for the domains held by the Client.
  6. If the Client terminates the contract without good cause, the Client is obliged to pay the agreed remuneration after deduction of what jut-so saves in expenses and acquires through other use of its labour or maliciously refrains from acquiring. Alternatively, the Agency is entitled to a claim of 5% of that part of the remuneration which is attributable to the service not yet rendered. The same applies if the Client is responsible for the termination without notice by jut-so, but in this case the Client is additionally obliged to compensate the Agency for any damage exceeding this amount. If jut-so is responsible for termination without notice by the Client, jut-so reimburses the Client for any advance payments not used and compensates the Client for any damage in excess thereof.

Common Final Provisions

§20 Data Protection

  1. Contractual data (e.g. name, address and e-mail address, if applicable services used and all other data transmitted electronically or for storage which are necessary for the execution of the contract) are collected for the contract in accordance with Article 6 Section 1 (b) of the German Data Protection Act (“DSGVO”) insofar as they are necessary for the establishment, content or amendment of this contract.
  2. The contract data will only be passed on to third parties if it is necessary (according to Article 6 Section 1 (b) DSGVO) for the fulfilment of the contract, if this is in the overriding interest of effective service (according to Article 6 Section 1 (f) DSGVO) or if there is consent from the person concerned (according to Article 6 Section 1 (a) DSGVO) or other legal permission. The data will not be transferred to a country outside the EU unless the EU Commission has determined that data protection is comparable to that in the EU, consent has been given or the standard contractual clauses have been agreed with the third party provider.
  3. Those affected can request information about the stored personal data free of charge at any time. They may at any time demand correction of incorrect data (also by way of addition) as well as restriction of their processing or also the deletion of their data. This applies in particular if the purpose of processing has expired, a required consent has been revoked and no other legal basis exists or the data processing is unlawful. The personal data will then be corrected, blocked or deleted without delay within the legal framework. The right to revoke a given consent to the processing of personal data exists at any time. This can be done by means of an informal communication, e.g. by e-mail. The revocation does not affect the lawfulness of the data processing carried out up to that point. The transfer of the contractual data in machine-readable form may be requested. If a violation of the law is feared as a result of data processing, a complaint may be lodged with the competent supervisory authority.
  4. As a matter of principle, data shall be stored only as long as required by the purpose of the respective data processing. Further storage is possible above all if this is still necessary for legal prosecution or for legitimate interests or if there is a legal obligation to retain the data (e.g. tax retention periods, limitation period).

§21 Digital Data

  1. jut-so is not obliged to hand over files or layouts created on the computer to the Client.
  2. If jut-so has provided the Client with (digital) computer files, these may only be changed with the prior consent of jut-so.

§22 Warranty

  1. jut-so undertakes to execute the order with the greatest possible care, in particular also to treat templates, documents, samples etc. provided to the Agency with care.
  2. Complaints of any kind whatsoever must be made in writing to jut-so within one week of completion of the project. Thereafter the work shall be deemed to have been accepted free of defects.

§23 Place of Jurisdiction, Place of Fulfilment, Settlement of Disputes

  1. Unless otherwise stated in the order confirmation, the place of performance is the registered office of jut-so. jut-so is also entitled to take legal action at the registered office of the Client.
  2. The invalidity of one of the above conditions does not affect the validity of the remaining provisions.
  3. The law of the Federal Republic of Germany applies.
  4. In the event of disputes arising from the business relationship between the Agency and the Client, the parties are obliged to seek an amicable solution. If an agreement cannot be reached, they undertake to settle their differences in mediation before resorting to legal action. The possibility of summary proceedings by way of interim relief remains unaffected. The simple non-payment of remuneration without justification is not a dispute.

jut-so GmbH
Weydingerstraße 14 – 16
10178 Berlin


jut-so GmbH
Weydingerstraße 14 – 16
10178 Berlin