Biting Bit GmbH
Reinhardtstr. 7
10117 Berlin
hereinafter: Provider
These General Terms and Conditions (GTC) apply to all contracts concluded between the Provider and the Customer.
Terms and conditions of the Customer deviating from these GTC do not apply, unless the provider and the Customer have expressly agreed to it.
The Provider does not conclude contracts with Consumers or private individuals. His offer is directed exclusively to entrepreneurs.
The service offered by the Provider includes, among other things, the creation or development of websites. A detailed agreement on the services provided is part of the contract concluded individually between the Provider and the Customer.
The Provider is authorized to outsource the offered services to a subcontractor in its own name and for its own account. The subcontractor may also use subcontractors. The Provider shall remain the sole contractual partner of the Customer in this respect. The Provider shall not use subcontractors if it is evident to the Provider that the use of such subcontractors would be contrary to the legitimate interests of the Customer.
If the Customer wants to make use of the services of the Provider, the Customer first makes an inquiry to the Provider with a detailed description of the desired services. This request represents an invitation to the Provider to submit an according offer. The Provider will examine -to the best of his knowledge and belief - whether the requests of the Customer described in the inquiry are complete, clear, feasible, free of contradictions and suitable for the desired realization and will prepare an offer on this basis. However, the Provider will not carry out a legal review of the Customer's request. Only if the Customer accepts the offer of the Provider, a contract between the Provider and the Customer is concluded.
If the offer of the Provider contains drafts, samples or creative proposals, but no contract is concluded, the Customer has no claim to the handing out of the drafts, samples, creative proposals or, if applicable, the associated source codes, copies, etc. In this case, the Customer must delete all copies, destroy them and/or return them to the Provider.
The Customer is obligated to name a contact person to the Provider who will monitor and support the assignment and who is authorized to issue legally binding declarations of intent in the name of the Customer. The Provider shall also name such a contact person to the Customer.
The Customer is obliged to provide all necessary information, data (e.g. for the imprint), works (texts, images, layouts, graphics, etc.) and accesses for the purpose of fulfilling the assignment in a complete, timely and correct manner.
The Customer is responsible for the procurement of the material for the design of the web pages and other works (e.g. graphics, texts), unless the Provider and the Customer have expressly agreed otherwise. If the Customer does not provide the material or does not provide it in a timely manner and does not make any further specifications, the Provider shall be authorized, at its own discretion, to use image material from common providers (e.g. stock photo providers) or to provide the corresponding parts of the website with a placeholder, in compliance with the copyright labeling requirements.
If the Customer provides the (necessary) cooperation or supportive input late, the Provider is not liable for any delays including delays in the implementation of any projects resulting from this.
If the Customer supplies the Provider with texts, images or other content within the scope of the assignment, the Customer is responsible for ensuring that this content does not infringe any rights of third parties (e.g. copyrights). The Provider is by law to provide legal advice services to the Customer. In particular, the Provider is not obligated and not authorized to do a legal check of the Customer's business model and/or the works (texts, images, layouts, graphics, etc.) created or acquired by the Customer himself for their compatibility with applicable law and, in particular, will not conduct any trademark research or other property right collision checks with respect to the works provided by the Customer. If the Customer gives specific instructions regarding the work to be produced, he shall be liable for this himself.
If the Customer does not comply with his obligations under this clause, the Provider may charge the Customer for the time spent on this (e.g. costs for stock photos and time spent searching for them).
The Provider is entitled to demand acceptance of the contractually owed work in writing. The Customer owes a written acceptance only if the Provider requests him to do so. The provisions of acceptance as stated on the Civil Code remain unaffected.
The acceptance period in accordance to § 640 (2) sentence 1 BGB (German Civil Code) shall be set at 2 weeks starting from the notification about the completion of the work, unless a longer acceptance period is required in individual cases due to special circumstances, in which case the Provider shall notify the Customer separately. If the Customer does not comment within the acceptance period or does not refuse acceptance due to a defect, the work shall be deemed accepted.
The Provider and the Customer shall conclude an individual contractual agreement on the remuneration for the assignment, which in principle shall be based on the offer.
An insignificant defect shall not constitute grounds for claims for defects. The choice of the type of supplementary performance lies with the Provider. The limitation period for claims based on defects and other claims is one (1) year; this reduction of the limitation period does not apply to claims resulting from intent, gross negligence or injury to life, limb or health by the Provider. The limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects. Otherwise, the statutory warranty for defects remains unaffected.
The liability of the Provider for all damages is limited as follows: In the event of a slight degree of negligence regarding the breach of a material contractual obligation ("cardinal obligation"), the Provider's liability shall be limited in each case to the amount of the damage foreseeable at the time of conclusion of the contract and typical for the contract. Cardinal obligations are obligations whose fulfillment is essential for the proper execution of the contract and on which a party may regularly rely. This limitation of liability shall not apply in the event of gross negligence or intentional acts or in the event of mandatory statutory liability, in particular in the event of the assumption of a guarantee or culpable injury to life, limb or health. The above liability provision shall also apply in regard to the liability of the Provider for its vicarious agents and legal representatives.
The Customer indemnifies the Provider from any claims of third parties, which are asserted against the Provider due to violations of the Customer against these GTC or against applicable law.
If the Provider and the Customer agree on performance of consulting services, the Provider shall, within the scope of the provision of services, exclusively owe an assessment of the subject matter of the consulting services to the best of its knowledge and belief. No legal advice is owed.
Consulting services are services in the sense of §§ 611 et seq. BGB (German Civil Code). A specific result is only owed if the Provider and the Customer have expressly agreed so.
If the Provider and the Customer agree on the performance of services in the field of market observation, the Provider shall, within the scope of the provision of services, solely owe the market observation measures that have been agreed upon with the Customer in advance. This is a service in the sense of §§ 611 et seq. BGB (GERMAN CIVIL CODE). A certain result (e.g. sales figures) cannot be guaranteed b, unless the Provider and the Customer have expressly agreed so.
The billing and duration of the assignment are based on the specifications of the accepted offer.
If the Provider and the Customer wish to agree on the performance of services regarding the design and conception of logos, the services agreed upon in detail shall result from the individual contract concluded between the Provider and the Customer. For this purpose, the Customer shall submit an inquiry to the Provider with a precise as possible description of the desired logo. This inquiry represents an invitation to submit an offer by the Provider. The Provider will check the Customer's requests described in the inquiry to the best of his knowledge and belief regarding completeness, suitability (except for legal suitability, in particular regarding the rights of third parties), unambiguity, feasibility and freedom from contradiction and will prepare an offer on the basis of the requests arising from the Customer's inquiry. A contract between the Provider and the Customer shall only be concluded upon acceptance of the offer by the Customer.
If the Customer commissions the Provider with the logo design and conception, the Provider expressly does not check the admissibility of the logo under competition law, trademarks, or other property rights or the registrability.
Prerequisite for the performance of the Provider is that the Customer provides all data required for the implementation of the project (color definition, etc.) to the Provider before the start of the project completely in a suitable form. If the Customer does not fulfill this obligation, the Provider can charge the Customer for the resulting time expenditure.
Unless otherwise agreed between the Provider and the Customer, the Customer shall be entitled to two correction loops. After these correction loops have been carried out, requests for adjustments and complaints (in particular regarding the artistic design) will no longer be considered. If the Customer wishes further changes after the second correction loop, the Provider can create these for the Customer for an additional fee to be agreed.
The drafts presented within the correction loop may not be used, reproduced or passed on to third parties, either in the original or modified, by the Customer without the express consent of the Provider.
As soon as the agreed object of performance has been completed, the Provider shall request the Customer to accept the work. The logo design or conception will be sent to the Customer in a common file format.
Unless otherwise agreed in an individual contract, the Provider may require that a suitable copyright notice be placed in an appropriate location on the works created.
The remuneration for the logo design and conception is the subject of an individual contractual agreement between the Parties.
The Provider shall grant the Customer the rights of use required for the respective purpose. A transfer of the rights of use to third parties requires an individual contractual agreement.
The rights of use are transferred to the Customer only after full payment of the remuneration.
If the Provider and the Customer wish to agree on the creation of professional videos and photographs, the services agreed upon in detail shall result from the individual contract concluded between the Provider and the Customer. For this purpose, the Customer first submits an inquiry to the Provider with a precise as possible description of the services desired. This request represents an invitation to submit an offer by the Provider. The Provider will check the Customer's requests described in the inquiry to the best of his knowledge and belief regarding completeness, suitability (except for legal suitability, in particular on the rights of third parties), unambiguity, feasibility and consistency and prepare an offer based on the wishes arising from the Customer's request. A contract between the Provider and the Customer shall only be concluded upon acceptance of the offer by the Customer.
The Customer's requests will be taken into account to the best of the Provider's knowledge and belief. The Provider and the Customer acknowledge that the creation of videos and photographs is a creative service that requires a high degree of artistic freedom. The Provider therefore solely owes the creation of a work that, according to the Provider's own experience and assessment, corresponds to the Customer's wishes. Complaints regarding the artistic design are excluded.
Unless otherwise agreed, the Customer is entitled to two correction loops with regard to the image editing orvideo editing (e.g. through filters and effects) of the created photographs or videos ; however, a new creation of the photographs or videos is excluded. Complaints regarding the artistic design are excluded. If the Customer wishes further changes, he must bear any additional costs.
If the Customer provides persons for the creation of the videos or photographs (e.g. his employees or professional models), he is solely responsible for ensuring that the persons concerned have consented to the use of the recordings. In particular, he shall be responsible for concluding suitable model release agreements and obtaining GDPR-compliant employee commitments.
As soon as the agreed object of performance has been completed, the Provider shall request the Customer to accept the work.
Unless otherwise agreed in an individual contract, the Provider may require that a suitable copyright notice be placed in an appropriate location on the created works.
Unless otherwise contractually agreed and not to be expected otherwise from the purpose of the contract, the Customer shall in principle only receive recordings that have been fully processed for the respective purpose. The Customer has no claim to the release of raw data or editable files (RAW files or similar).
The subject matter of design contracts in the print sector concluded between the Provider and the Customer is the development of print products based on the Customer's design specifications (e.g. design of banners, post graphics, posters, flyers, vehicle or shop window stickers, textiles or logo designs). Design contracts concluded between the Provider and the Customer are contracts for work and services within the meaning of § 631 et seq. BGB (GERMAN CIVIL CODE). The services agreed upon in detail result from the contract concluded individually between the Provider and the Customer. For this purpose, the Customer first submits an inquiry to the Provider with a precise as possible description of the design services desired. This request represents an invitation to submit an offer by the Provider. The Provider shall examine the Customer's requests described in the inquiry to the best of his knowledge and belief regarding completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), unambiguity, feasibility and freedom from contradiction and shall prepare an offer on the basis of the wishes arising from the Customer's inquiry. A contract between the Provider and the Customer shall only be concluded upon acceptance of the offer by the Customer.
After the assignment has been placed, the Customer's requirements are discussed in a briefing, if necessary, and are specified in more detail. At this time, Customer requests can be introduced, provided they are covered by the originally agreed scope of services. Adjustments become part of the original contract if both Parties agree in text form. Otherwise, the Provider is only obliged to produce the items listed in the contract. Any additional services must be agreed and remunerated separately.
As soon as the agreed performance object has been completed, the Provider shall request the Customer to accept the work.
Unless otherwise agreed, the customer is entitled to two correction loops. Complaints regarding the artistic design are excluded. If the Customer wishes further adjustments, he must bear any additional costs.
Prerequisite for the activity of the Provider is that the customer provides the Provider with all data required for the implementation of the project (texts, templates, graphics, etc.) before the start of the assignment completely and in a suitable form. The Provider shall not be liable to the Customer in any respect for delays and delays in the implementation of projects caused by late (necessary) cooperation or additional work by the Customer. If the Customer does not comply with this obligation, the Provider may charge the Customer for the resulting time expenditure.
The remuneration is subject to an individual contractual agreement between the Parties.
Unless otherwise contractually agreed and not otherwise to be expected from the purpose of the contract, in addition to the contractually agreed performance objects the Provider only owes the delivery of a print file (e.g. PDF, JPG or PNG) regarding the creation of print products. The Customer has no right to the delivery of an editable file (e.g. Word, Indesign).
Subject matter of app development contracts between the Provider and the Customer is the new development of mobile apps in compliance with the technical and / or content and / or design specifications of the Customer. The development is, in principle, carried out using agile methods.
The services agreed in detail and the remuneration result from the contract concluded individually between the Provider and the Customer. For this purpose, the Customer first submits a request to the Provider with a as precise as possible description of the app functions desired. This request represents an invitation to submit an offer by the Provider. The Provider shall check the Customer's requests described in the inquiry to the best of its knowledge and belief regarding completeness, suitability, unambiguity, feasibility and consistency and shall prepare an offer based on the requests arising from the Customer's inquiry. A contract between the Provider and the Customer shall only be concluded upon acceptance of the offer by the Customer.
The Provider is free to decide on the basis of technical standards the App will be created on, as long as the chosen technical standards correspond to the state of the art and the Provider and the Customer have not expressly agreed otherwise. The examination or procurement of rights, the procurement of tools (e.g. analysis), certificates (e.g. encryption), the provision of development, application or other documentation and the provision of source codes shall only be owed if the Provider and the Customer have expressly agreed so.
Unless otherwise agreed, all apps are designed for download within the Apple AppStore and the Google PlayStore. Programming for other app stores is only owed if the Provider and the Customer have expressly agreed on this.
It is hereby highlighted that app stores usually check all apps before admitting them to their stores. The result of these checks is sometimes difficult to predict, as the admission and checking conditions of the app stores are not always transparent. The Provider can therefore not guarantee that a fully programmed app will also be accepted into the app store by the respective app store operator. Should a rework of the app become necessary due to the rejection, the resulting costs are to be borne by the Customer, unless the app was not admitted by the app store due to an error culpably caused by the Provider (intent or negligence); the Provider will submit a separate offer to the Customer for the rework.
Unless otherwise specified in an individual contract, the Customer receives a simple, non-transferable right of use for the contractually intended purposes. The Provider reserves the right to use depersonalized components and elements (e.g. modules, templates and tools) for other projects as well.
Updates and adaptations to new operating systems are only owed if and insofar as they have been contractually agreed.
After full payment of the assignment by the Customer, the Provider grants the Customer a simple right of use to the corresponding work results at the time of their creation. Further rights can be agreed upon in individual contracts.
Unless otherwise agreed, the Customer expressly grants the Provider permission to present the project to the public in an appropriate manner for the purpose of self-promotion (references/portfolio). In particular, the Provider shall be entitled to advertise the business relationship with the Customer and to refer to itself as the author on all advertising materials created and in all advertising measures, without the Customer being entitled to any remuneration for this..
Furthermore, the Provider shall be entitled to place its own name with a link in an appropriate manner in the footer and in the imprint of the website(s) created by the Provider, without the Customer being entitled to any claim to remuneration for this.
The Provider shall treat all business transactions of which he becomes aware as strictly confidential, in particular print documents, layouts, storyboards, numerical material, drawings, tapes, images, videos, DVDs, CD-ROMs, interactive products and such other documents containing films and/or radio plays and/or other copyrighted materials of the Customer or companies affiliated with the Customer.
The Provider undertakes to impose the duty of confidentiality on all employees and/or third parties (e.g. suppliers, graphic designers, programmers, film producers, sound studios, etc.) who have access to the aforementioned business transactions.
The obligation to maintain secrecy shall apply for an unlimited period of time beyond the duration of this contract.
The contracts concluded between the Provider and the Customer are subject to the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
If the Customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the Parties agree that the registered office of the Provider shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction shall remain unaffected.
In the event of any inconsistencies between the German and the English version, the German version shall prevail.
Status: 30.04.2025