General terms and conditions

This English version is provided for convenience only. The legally binding version is the German one — see AGB.

1. Scope

These general terms and conditions apply to all contracts between DSAP and its clients for services in IT, software development, web development, marketing, media production, consulting and technical support.

DSAP provides its services exclusively to businesses within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law. DSAP does not enter into contracts with consumers.

Terms of your own that differ from these apply only if DSAP has expressly agreed to them in text form.

2. Services

DSAP's services cover the following areas in particular:

The exact scope of services follows from the respective quote or contract.

3. Formation of contract

A contract is formed by:

4. Project windows and your duty to cooperate

DSAP works with firmly planned project windows. Each one is reserved exclusively for you.

You provide all necessary information, content and access details, and take the necessary decisions, in good time.

Sign-off and feedback phases are part of this project window.

You give feedback within 7 days of results being provided.

If the project is delayed for reasons for which you are responsible, agreed dates are postponed accordingly. DSAP is entitled to reschedule the project.

5. Sign-off

Once services have been completed or provided, you are obliged to sign them off, provided they have no material defects.

A service is deemed signed off if you do not refuse sign-off within 7 days of it being provided, stating at least one defect. DSAP points out this consequence when providing the service.

With sign-off, the service is deemed to have been provided in accordance with the contract.

6. Changes and additional services

Quotes from DSAP cover a defined scope of services.

Changes, additional requests or adjustments beyond the agreed scope are additional services and are charged separately.

Rounds of changes beyond the number agreed in the quote are charged as extra work at cost, after DSAP has informed you in advance.

7. Fees and payment terms

All prices are net, plus VAT where applicable.

For cross-border services, the reverse charge procedure under Art. 44 and 196 of the EU VAT Directive or § 13b UStG (German VAT Act) applies where relevant. VAT is then payable by the recipient of the service.

Unless agreed otherwise, invoices are payable within 14 days without deduction.

DSAP does not ask for advance payments. Interim payments for parts of the service already provided can be agreed in the quote.

8. Ongoing services

Ongoing services such as support, maintenance or hosting run for the minimum term agreed in the quote. After that, the contract renews by one month at a time and can be terminated in text form with one month's notice to the end of a month.

Both parties' right to terminate for good cause remains unaffected.

9. Late payment

If you fall into arrears, DSAP is entitled to:

You bear the necessary costs of legal enforcement.

10. Rights of use

Once payment has been made in full, you receive a right of use, unlimited in time and place, to the work created individually for you, for the purpose assumed in the contract. Until then, all rights remain with DSAP.

Open-source components as well as third-party software, fonts, images and services are subject to their respective licence terms.

11. Use as a reference

DSAP is entitled to use the services and projects provided, as well as your name and logo, for reference purposes, in particular on websites, in presentations and in marketing material. You can object to this at any time with effect for the future.

12. Liability and warranty

DSAP is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.

In the case of slight negligence, DSAP is liable only for breach of an essential contractual obligation, i.e. one whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may regularly rely. Liability is then limited to the damage typical for the contract and foreseeable. Otherwise, liability for slight negligence is excluded.

For loss of data, DSAP is liable only to the extent that the loss would also have occurred had you backed up your data properly and regularly, unless data backup is part of the services agreed with DSAP.

Claims for defects become time-barred twelve months after sign-off. This does not apply in cases of unlimited liability.

13. Breach of contract

In the event of serious breaches of contract, in particular:

DSAP is entitled to terminate the contract without notice.

Services already provided remain payable in full.

14. Data protection and confidentiality

If DSAP processes personal data on your behalf as part of the services, the parties conclude a data processing agreement under Art. 28 GDPR for this purpose.

Both parties treat the other party's confidential information and access details as confidential, including after the contract has ended.

15. Governing law and place of jurisdiction

The law of the State of Wyoming, USA, applies, excluding the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction is the competent court in Wyoming, USA.

16. Final provisions

Should any provision of these terms be invalid, the validity of the remaining provisions is unaffected.

Last updated 12 October 2026

← Back to home
ESC

Details