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Legal · General Terms and Conditions
It is in my own interest to keep things clear, short and understandable — your project and your success matter to me personally. That is why the rules of our working relationship are written so that you can read them without a lawyer. If you have questions, an email to mail@matthiaseger.de is enough.
These General Terms and Conditions apply to all contracts between Matthias Eger, Matthias Eger Design Studio, Pfarräckerstraße 14, 92637 Weiden in der Oberpfalz (hereinafter “the Provider”) and its clients, unless something else has been agreed in the individual contract. All business is based on the BGB (German Civil Code) and the HGB (German Commercial Code).
Angebote richten sich ausschließlich an Industrie, Handel, Handwerk, Gewerbe und Selbständige. No contracts are concluded with consumers within the meaning of § 13 BGB (German Civil Code).
Offers made by the Provider are non-binding. A contract comes into effect when the client accepts an offer in text form (an email is sufficient) or when the Provider confirms an order in text form. The relevant order confirmation or the written offer determines the scope of the services.
The Provider delivers services in three formats:
The personal one-day format Sparring Day runs on its own platform sparringday.de under the separate terms stated there; these Terms and Conditions apply to it only in a supplementary way, insofar as the terms there do not provide otherwise.
Changes and additions to the agreed scope of services are additional services subject to a fee. They are identified and commissioned before they are carried out — not invoiced afterwards.
The client provides the information, content, access credentials and contact persons required for the delivery of the services in good time and free of charge. The client ensures that any content handed over is free of third-party rights. Delays caused by a lack of cooperation shift agreed deadlines accordingly; any additional effort incurred by the Provider as a result may be charged after prior notice.
In implementation projects, acceptance takes place per milestone: the Provider reports the milestone as completed, the client reviews it within 14 days and either declares acceptance or names specific defects. If the client does not respond within that period or puts the service into productive use, the milestone is deemed accepted. Immaterial defects do not entitle the client to refuse acceptance; they are remedied.
Upon full payment, the client receives the right to use the services delivered for the purposes agreed in the contract. In implementation projects, the following also applies:
Full source code and all access credentials pass to the client. The client remains the owner of their systems, data and accounts and can continue working with another service provider at any time. Dependency is not part of the Provider's business model.
Design and development work may constitute works protected by copyright; the Provider's moral rights as author remain unaffected. The client is named as a reference only with their express consent — confidentiality comes first.
The fee agreed in the offer applies, plus statutory VAT. Unless agreed otherwise, the following applies:
Invoices are due within 14 days without deduction.
A transparent rule applies to on-site work — calculated from the Provider's registered office (92637 Weiden in der Oberpfalz):
The Provider is liable without limitation in cases of intent and gross negligence as well as for injury to life, body or health. In cases of ordinary negligence, the Provider is liable only for the breach of material contractual obligations (cardinal obligations), limited to the foreseeable damage typical for this type of contract. Liability under the Produkthaftungsgesetz (German Product Liability Act) remains unaffected.
The Provider maintains a Berufshaftpflicht über Exali.de — liability that is not rhetorical, but backed by a policy. Check the seal ↗
Both parties treat all business and trade secrets that become known in the course of the collaboration as confidential — including after the contract has ended. The Provider processes personal data exclusively in accordance with the applicable data protection rules; where required, a data processing agreement is concluded. Details are set out in the privacy policy.
The Provider uses AI tools when delivering services: drafts for texts, concepts and code may be produced with AI support. The professional review, the sign-off and the responsibility for every result lie with the Provider — no result leaves the house unchecked.
“AI delivers the draft, I deliver the judgement.”
Confidential client data is only passed to third-party AI systems with the client's consent; where data must not leave the house, local models or AI-free ways of working are used.
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Weiden in der Oberpfalz. Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions remains unaffected.
If you have any questions about these terms, send me an email at mail@matthiaseger.de — you will get an answer in plain language.