Brand DEV placeholder — dev site (slogan en)

General Terms and Conditions (GTC)

These General Terms and Conditions govern the contractual relationship between Walter Briem, Einzelunternehmen, hereinafter “Brand”, and its customers (“Customer”). Additional information (address, contact, VAT ID) can be found in the Imprint. Deviating terms of the Customer apply only if Brand expressly agrees to them in text form.

Brand offers services to B2B and B2C customers. For consumers, the mandatory statutory consumer-protection provisions apply.

This is a translation of the German original. In the event of any discrepancy between the German and the English version, the German version shall prevail.

1. Scope

These GTC apply to all contracts for the provision of agency and SaaS services, in particular the conception, development and adaptation of websites and landing pages, the provision of AI-assisted CRM functions and chatbots, and related consulting, integration and support services.

2. Description of services

Brand provides, among others, the following services (non-exhaustive):

The type, scope, schedule and remuneration result from the individual offer or order confirmation. Brand is entitled to engage suitable subcontractors to perform the services.

3. Formation of contract

A contract is concluded by the Customer’s acceptance of an offer from Brand. Acceptance may be made in text form (in particular by e-mail) or by payment of the agreed down payment. An online checkout is currently not offered.

4. Prices, payment and billing

If the Customer is in default of payment, Brand is entitled to withhold services (in particular SaaS access) until settlement and to charge default interest at the statutory rate.

5. Duties to cooperate, changes & delays

The Customer shall provide all information, content (texts, images, logos), access and approvals required for the provision of services in good time. Delays due to a lack of cooperation extend deadlines appropriately. Change requests after conclusion of the contract may require adjustments to schedule and price; Brand will submit a supplementary offer for this purpose.

6. Acceptance and remedy of defects (work services)

For results subject to a contract for work (e.g. a completed website/landing page), an acceptance takes place. The Customer shall inspect the service within 5 working days after provision and declare acceptance or report defects. If the declaration is not made or the service is used productively, acceptance is deemed to have taken place. Brand shall remedy any defects within a reasonable period. For B2B customers, the warranty period is 12 months from acceptance; for consumers, the statutory periods apply.

7. Right of withdrawal & early commencement (consumers)

Consumers have a statutory right of withdrawal of 14 days. Details are set out in our Withdrawal Policy. If Brand begins performance within the withdrawal period at the consumer’s express request, the consumer owes compensation for the value of the services rendered up to the withdrawal (§ 357(8) BGB).

8. Contract term and termination (SaaS/subscriptions)

SaaS contracts are concluded for an indefinite period and renew automatically on a monthly basis. Both parties may terminate the subscription in text form with a notice period of 14 days to the end of the month. Statutory special termination rights remain unaffected. Access to the SaaS services ends when the termination takes effect.

9. Early termination of projects (termination for cause / ordinary termination)

The Customer may terminate project contracts early. In this case, Brand retains the down payment received as remuneration for services already rendered and reserved capacity. If the effort incurred up to that point exceeds the down payment, the additional effort shall be remunerated upon proof. The right to terminate for cause remains unaffected for both parties.

10. Use of third-party providers

For certain functions, third-party providers are used, including hosting (e.g. Hetzner Online GmbH), communication services (e.g. Telegram) and AI APIs. Brand provides services on the condition that these third-party services are available. Brand assumes no liability for outages, changes in performance or usage restrictions of these third-party providers; the terms of the respective third-party providers apply. The Customer is obliged to comply with their terms of use.

11. Copyright and rights of use

All rights to work results (code, designs, templates, texts, graphics) pass to the Customer after full payment, unless otherwise agreed by contract. Until full payment, Brand grants a simple, revocable right of use for testing/approval purposes. Open-source components remain under their respective licences.

Brand may publish results as a reference only with the prior consent of the Customer.

12. Liability

Brand is liable without limitation for damage arising from injury to life, body or health, as well as in cases of intent and gross negligence, in cases of fraudulent intent, to the extent of a guarantee assumed, and under the German Product Liability Act.

In the case of simple negligence, Brand is liable only for breach of a material contractual obligation (cardinal obligation). In this case, liability is limited in amount to the foreseeable damage typical of the contract. Liability for lost profit, failed savings, indirect damage and consequential damage is excluded, unless one of the aforementioned cases of unlimited liability applies.

13. Data protection

Information on the processing of personal data (incl. cookies, AI processing, Telegram integration, hosting) can be found in our Privacy Policy. This is not part of this contract but applies in addition.

14. Force majeure

Events beyond the control of Brand (e.g. failures of networks or data centres, strikes, official orders, crisis-related restrictions) release Brand from its performance obligations for the duration of the disruption and to the extent of its effects.

15. Set-off, assignment

The Customer may set off only with undisputed claims or claims established by a final court decision. The assignment of claims against Brand requires prior consent in text form.

16. Place of jurisdiction and applicable law

German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is – where legally permissible – Dresden. Mandatory consumer-protection provisions remain unaffected.

17. Final provisions

Amendments and supplements must be made in text form. Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected. The statutory provision shall apply in place of the invalid provision.

Last updated: 7 November 2026

Contact

E-mail: info@briem.tech
Phone: +4915259465402