1. offers are subject to change. A contract is not concluded until elio GmbH has confirmed the order in writing. The sending of an invoice is equivalent to an order confirmation.
2. elio GmbH endeavours to keep all services offered up to date with the latest technical standards and to ensure the greatest possible accessibility of its website for its customers. Since software errors can never be completely excluded according to the state of the art and the accessibility of the website also depends on factors over which elio GmbH has no influence (compatibility of browsers etc.), no guarantee can be given for 100% accessibility at any time. Basically an accessibility of 95-98% is guaranteed.
The concrete content and scope of services will be negotiated by the parties prior to placing the order and will be recorded in writing or in text form. On the basis of this service description elio GmbH first develops a concept. For the realization it requires the customer's approval. There is no obligation to release the concept. In case of approval the order is concluded on the basis of the service description, the developed concept and these GTC. Subsequent changes and amendments are only possible with the consent of both parties; they must be made in writing or in text form.
4. delivery and performance deadlines shall be reasonably extended in the event of force majeure or other obstacles beyond elio GmbH's control as well as customer requests for changes during the project implementation if such changes have a significant impact on the delivery or performance. elio GmbH will inform the customer upon request but is not obliged to do so.
5. elio GmbH's agreed remuneration is a budget-based accounting system (hourly and daily rates) which are calculated according to the current price list. In case of subsequent changes to the scope of services due to customer requests elio GmbH may demand additional remuneration. In this case elio GmbH will inform the customer about the additional remuneration. The customer will be charged for any additional services which elio GmbH purchases from external third parties at the customer's request, in particular software as well as services, plugins, domains, hosting. In this case the order regarding the change of the scope of services will only be concluded if the parties have reached an agreement. Fees charged to elio GmbH within the scope of a project or service agreement are charged at the usual hourly rates and expenses for communication and correspondence. All prices are net plus the statutory value added tax. The remuneration is due upon acceptance. If partial acceptances have been agreed upon, the remuneration proportionate to the respective service stage is due with each partial acceptance. In this case, the respective service sections to be accepted and the remuneration due for them shall be agreed in writing. In the event of default of payment, default interest of 4% above the respective discount rate of the Deutsche Bundesbank will be charged. We reserve the right to claim further damages caused by default.
6. elio GmbH's claims can only be offset by the customer if the claims are undisputed, ready for decision or legally binding. Among merchants the assertion of a right to refuse performance or a right of retention against elio GmbH is excluded.
7. elio GmbH warrants that, subject to the restriction set forth in clause 2, the products have the agreed properties and are not afflicted with defects that reduce or cancel the value or suitability for the intended use. However, an insignificant reduction in value or suitability for the intended use shall not be considered.
The warranty for damages caused by the customer is excluded. Any liability is excluded for products (websites etc.) that have been used or modified by the customer contrary to the purpose of the contract or contrary to explicit instructions by elio GmbH.
In case of a material defect or the absence of a warranted characteristic the customer shall first demand rectification. If the rectification fails three times, the customer may demand the rescission of the contract or the reduction of the agreed remuneration; if a warranted quality is missing, the customer may demand damages for non-performance according to the statutory provisions. In this case, the customer shall have the benefits obtained credited to his claim for payment. This usage compensation claim is calculated according to the ratio between the agreed price and the normal usage time of a website on the one hand and the actual trouble-free usage time on the other. The normal period of use of a webpage, the online shop is a period of time