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General Terms and Conditions

For web design, software development and support provided by HUFNEX. Our services are offered exclusively to businesses.

This English version is provided for information only. The legally binding version is the German AGB.

§ 1 Scope

  1. These General Terms and Conditions apply to all contracts between MH Vertriebs UG (haftungsbeschränkt) (hereinafter “HUFNEX” or “we”) and its clients for the creation of websites, the development of software and support and maintenance services.
  2. Our services are offered exclusively to businesses (Unternehmer) within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law.
  3. Any differing or additional terms of the client only apply if we have expressly agreed to them in text form.

§ 2 Conclusion of contract

  1. The information presented on our website does not constitute a binding offer. Only our individual quotation in text form is binding. It is valid for 30 days from receipt unless it states otherwise.
  2. The contract is concluded when the client accepts the quotation in text form (e.g. by email or by returning a signed quotation).

§ 3 Scope of services

  1. The nature and scope of the services are set out in the quotation and, where applicable, in a concept referred to in it. We provide the creation of websites and software as a contract for work (Werkvertrag), and support and time-and-materials services as a contract for services (Dienstvertrag).
  2. Fixed-price projects include the number of rounds of revisions stated in the quote or in the chosen package. One round of revisions covers a consolidated set of change requests relating to a presented interim version within the agreed scope.
  3. If the client requests services beyond the agreed scope, we will inform the client in advance of how this affects effort, price and deadlines. Additional costs are only incurred with the client’s consent in text form.
  4. We may engage subcontractors. This does not affect our responsibility towards the client.

§ 4 Use of AI tools

  1. We use artificial intelligence tools in creating designs, code and text. We review, revise and take responsibility for all results before they are handed over to the client.
  2. We only enter the client’s confidential information and personal data into AI tools with the client’s consent, and only use services that do not use the data to train their own models.

§ 5 Client’s duty to cooperate

  1. The client provides the content, information and access required for the project in good time, in particular texts, images, logos and login credentials.
  2. The client warrants that it holds the necessary rights to the content it supplies and that this content does not infringe applicable law. The client indemnifies us against third-party claims arising from a breach of this obligation.
  3. If the client’s cooperation is delayed, agreed deadlines will be postponed accordingly. Any additional work resulting from this may be invoiced separately by arrangement.

§ 6 Acceptance

  1. Once a work has been completed, we notify the client that the result is ready for acceptance. The client reviews it within 14 days and either declares acceptance or notifies us of material defects in text form.
  2. The work is deemed accepted if the client does not report any material defects within this period, or if the website or software is put into productive use at the client’s request (go-live).
  3. Minor defects do not entitle the client to refuse acceptance. We will remedy them under the warranty.

§ 7 Prices and payment

  1. All prices are net prices plus statutory VAT.
  2. For fixed-price projects, unless the quotation states otherwise, 50% of the fee is due when the order is placed and 50% after acceptance. For larger projects, instalments by project stage may be agreed in the quotation.
  3. Time-and-materials services are invoiced monthly on the basis of the agreed daily or hourly rate. Support packages are invoiced monthly in advance.
  4. Invoices are payable within 14 days without deduction. In the event of late payment, the statutory provisions apply.

§ 8 Rights of use and source code

  1. Upon payment in full, the client receives the exclusive right, unlimited in time and territory, to use, modify and pass on the work results created individually for the client, to the extent that these are protected by intellectual property rights. Until then, we grant a right of use that may be revoked at any time.
  2. Upon payment in full, we hand over to the client the source code and all access credentials required for operation and further development.
  3. Open-source components and third-party libraries are subject to their respective licence terms. For general, non-project-specific tools and components that we use across projects, the client receives a non-exclusive right of use, unlimited in time.

§ 9 Support and maintenance

  1. Support packages run for an indefinite period and may be terminated by either party in text form with 14 days’ notice to the end of a calendar month.
  2. Time allowances included in a package apply to the respective month. Unused allowances expire at the end of the month. We discuss larger changes in advance and invoice them on a time-and-materials or fixed-price basis.
  3. As part of our support, we make regular backups. This does not affect the client’s responsibility for backing up data that it processes itself outside the supported systems.

§ 10 Hosting and third-party services

  1. On request, we host the website at the monthly price agreed in each case. The hosting contract runs for an indefinite period and may be terminated by either party in text form with 14 days’ notice to the end of a calendar month. After the contract ends, we provide the client with all files and data of the website.
  2. We aim for high availability but do not guarantee uninterrupted access. Where possible, we announce maintenance work in advance.
  3. Unless otherwise agreed, the client concludes contracts for domains, email accounts and similar services directly with the respective provider. We help with selection and setup.
  4. We are not responsible for the availability and performance of such third-party providers unless we have caused their failure ourselves.

§ 11 Warranty

  1. If a work is defective, we will first provide subsequent performance (Nacherfüllung) by remedying the defect or producing the work anew. If subsequent performance fails, the client is entitled to its statutory rights.
  2. Claims for defects become time-barred twelve months after acceptance. This does not apply in cases of intent, fraudulent concealment, injury to life, body or health, or where a guarantee has been given.
  3. There is no defect if an error is due to changes made by the client or third parties, to updates of browsers, operating systems or third-party services after acceptance, or to use that was not agreed.

§ 12 Liability

  1. We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG) and to the extent of any guarantee we have given.
  2. In cases of slight negligence, we are only liable for breach of a material contractual obligation, i.e. an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance the client may regularly rely. In this case, liability is limited to the foreseeable damage typical for this type of contract.
  3. For loss of data, we are only liable up to the amount of effort that would have been required to restore the data had it been properly backed up.

§ 13 References

  1. We only name the client or the project as a reference, for example on our website, if the client has given prior consent in text form.

§ 14 Confidentiality and data protection

  1. Both parties treat the other party’s confidential information as confidential, including after the contract has ended.
  2. Where we process personal data on behalf of the client, for example as part of our support, we conclude a data processing agreement in accordance with Art. 28 GDPR.

§ 15 Final provisions

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. If the client is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is Nürnberg, Germany.
  3. Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.

Last updated: October 2026