General Terms and Conditions (GTC)

Sparkm4n Web Design
Hof-Feldbachstr. 4, 35683 Dillenburg, Germany
As of: May 27, 2025 – Valid for companies in Germany, Austria, and Switzerland

These General Terms and Conditions govern the collaboration between Sparkm4n Webdesign and entrepreneurs. They are clear, fair, and legally secure.

1. Scope

1. 1. These Terms and Conditions apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), Section 1 of the Austrian Commercial Code (UGB), or Art. 934 of the Swiss Code of Obligations (OR), who act in the exercise of their commercial or independent professional activity. Private individuals (Section 13 of the German Civil Code) are excluded; consumers (Sections 312g and 310 of the German Civil Code) are not entitled to a right of withdrawal. If you are a consumer, mandatory consumer rights apply, and we will adapt the contract accordingly. You confirm your status as an entrepreneur (e.g., business registration, VAT identification number) upon conclusion of the contract.

1. 1. Scope: Germany, Austria, Switzerland (DACH).

1. 1. Your terms and conditions are only valid if we accept them in writing.

1. 1. Sparkm4n has professional indemnity insurance with Hiscox covering claims up to €3,000,000 (data breaches and other damages). The policy is available upon request.

2. Conclusion of contract

1. 1. Procedure:
      
      1. 1. Offer: We will send you a detailed offer by email, valid for 14 days unless otherwise stated.
      1. 1. Acceptance: You accept by:
            
            
            1. 1. Written confirmation by email (e.g. “I accept the offer”).
            1. 1. Verbal confirmation by telephone/Zoom (minutes will be confirmed; contract binding after confirmation).
            1. 1. Electronic signature (e.g. DocuSign).

      1. 1. Confirmation: We will send you a written order confirmation by email, which will make the contract binding.

1. 1. Recordings: Zoom meetings are only recorded with consent (Fathom) in accordance with Art. 6 (1) (a) GDPR (DE) and DSG (AT/CH). Recordings are stored securely and deleted after 12 months, unless legal reasons (e.g., Section 257 of the German Commercial Code) require longer storage.

1. 1. Revocation: We may revoke offers before acceptance if the validity period has expired.

3. Scope of services

1. 1. Services: Web design, web development, content marketing strategy, app search optimization, reputation management, SEO optimization, map search optimization, social media marketing, social media recruiting, email marketing, pay-per-click management, conversion rate optimization, affiliate management, and online presence analysis. The quote defines the number of pages, features, keywords, and the time period and will be confirmed by you in writing. Any ambiguities will be clarified in good faith (Section 242 of the German Civil Code). Upon request, you will receive a detailed list of services, which will become part of the contract. Main services:
      
      • Web design: Responsive HTML5/CSS3, mobile-friendly, optimized (PageSpeed >80), up to 5 pages (~500 words/page), 1 revision, including SEO (meta tags, image alt text). Excludes: Accessibility (BITV 2.0 DE, WAD AT, SN EN 301 549 CH, €2,000), hosting (€50/month).
      • Development: WordPress/PHP or React, CMS setup, 1 test cycle.
      • SEO: On-page optimization for 15 with for SEO, including meta tags, loading time optimization (PageSpeed >80), sitemap.
      • Social media: 12 posts/month, including content plan and schedule, community support (up to 100 interactions), 1 channel.

      Additional services require a written agreement.

1. 1. Customer Obligations: You must:
      
      1. Deliver documents (e.g., images, text, logos, etc.) on time in editable quality. Delays will incur a fee of €100 per month per week (max. €92 per week, max. €920). Ensure the legal compliance of your content (e.g., legal notice, privacy policy). Keep domain and hosting services active if not provided by us. Minimum requirements: PHP 8.0+, 1 GB RAM, SSD storage, SSL certificate, MySQL 5.7+, availability ≥99.9%. We recommend Hostinger; we are not liable for any issues with third-party hosting, provided we notify you of them. Changes/additional services must be agreed upon in writing (see Section 3.3).

      We will not be liable for any delays, defects or disputes arising from your failure to comply.

1. 1. Change management: Changes/additional services require a written change request (email or form). We will provide you with a binding cost estimate (€100/hour or fixed price) within 5 business days. Minor changes of up to 2 hours are free of charge. You accept the cost estimate in writing. Changes are limited to 20% of the original scope, unless otherwise agreed. A change log (data, costs, approvals) will be maintained and distributed.

1. 1. Open-source software: Standard software (e.g., WordPress, React) includes core plugins/themes (e.g., Yoast SEO, Elementor) per package. Without a maintenance contract, you are responsible for updates. Critical security vulnerabilities (CVSS 7.0 or higher) are reported within 48 hours. With a maintenance contract (€50/month), we perform automatic security updates.

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1. 1. Procedure:
      
      1. 1. Kick-off meeting (Zoom or on-site).
      1. 1. Design phase (2 drafts).
      1. 1. Implementation (30 days for Standard, 45 days for Complex).
      1. 1. Test phase.
      1. 1. Go live.

1. 1. Acceptance: You review the work within 30 days (standard) or 45 days (complex, e.g., apps with more than 10 pages) and report any defects in writing (Section 377 of the German Commercial Code (HGB). Defects are considered to be functional errors (e.g., broken links, server errors) or deviations from the offer, but not subjective design preferences. Without a notification of defects, the work is considered accepted (Section 376 of the HGB). We provide test access, documentation, and a defect form. If there are demonstrable technical hurdles, you can extend the deadline by 30 days. Delays caused by you will postpone the deadline; you will bear the costs.

1. 1. Communication: Communication takes place primarily via email or agreed-upon tools (e.g., Slack, Teams). We respond to standard inquiries within 48 hours, and urgent inquiries (e.g., website downtime) within 24 hours (Mon-Fri, 9:00 a.m.-5:00 p.m. CET). Upon conclusion of the contract, we will designate a contact person for you.

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1. 1. Warranty: We will remedy functional defects free of charge within 24 months of acceptance (Section 634a of the German Civil Code). For hidden defects, we bear the burden of proof for 6 months (Section 477 of the German Civil Code); after that, you must prove that the defect was already present at the time of acceptance. No warranty applies for:
      
      
      • • Self-hosted systems.
      • • Changes by third parties.
      • • External factors (e.g. Google algorithm).
      • • Open-Source-Software.

1. 1. Liability: In cases of simple negligence, limited to foreseeable damages, up to €3,000,000 (Hiscox). No limitation in cases of intent/gross negligence (Section 309 No. 7 of the German Civil Code). Data breaches: Max. €1,500,000, for higher damages up to €3,000,000, with measures pursuant to Art. 32 GDPR. No liability for:
      
      
      • • Force majeure (e.g. hacker attacks).
      • • Third-party outages.
      • • Data loss without your backups.
      • • Open source vulnerabilities.

1. 1. Insurance: Hiscox covers €3,000,000, including recourse. Policy available upon request.

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1. 1. Right of Use: After full payment and acceptance, you receive an unrestricted, non-exclusive right of use (Section 305 of the German Civil Code). The source code can be transferred for a fee. We are permitted to use similar designs.

1. 1. Reference: We may use your website/app anonymously as a reference upon request (free of charge). Case studies require written consent (scope, e.g., screenshots, in advance). An objection will cost €1,500.

1. 1. Violations: Penalties limited to verifiable damages (Section 343 of the German Civil Code). For contracts under €5,000: €1,000 (use/circumvention), €2,500 (source code). Audits require 14 days' notice, but no more than once a year. Complaints must be reported within 7 days.

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1. 1. Cancellation by customers:
      
      1. 1. Regular: 30 days to the end of the month.
      1. 1. Exceptional: In the event of a serious breach of duty on our part (§ 314 BGB).

1. 1. Termination by Sparkm4n: Immediate termination in case of payment arrears of more than 30 days or unlawful use after a 14-day reminder. Before termination/suspension, we will conduct a clarification meeting (Zoom).

1. 1. Reversal: Services rendered will be billed pro rata. Advance payments already made for services not rendered will be refunded. The transfer of access/domain rights will take place within 14 days. Disputed assets will be held in escrow (Section 242 of the German Civil Code).

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1. 1. We comply with the GDPR (DE) and the DSG (AT/CH). We conclude a data protection agreement (Art. 28 GDPR) for contract processing. You are liable for any legal violations caused by your content (e.g., unauthorized tracking). The data will be deleted 6 months after the end of the contract, unless there are statutory retention periods (Section 257 of the German Commercial Code). We report violations in accordance with Art. 33 GDPR. Further information: www.sparkm4n.de/datenschutz.

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1. 1. Confidential information (e.g., trade secrets) will not be disclosed unless required by law. This also applies after the contract has ended.

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1. 1. No liability is assumed for delays caused by force majeure (e.g., hacker attacks) provided measures have been taken in accordance with Art. 32 GDPR. Information will be provided via email or registered mail. Right of termination after 30 days (Section 275 of the German Civil Code).

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1. 1. We comply with anti-corruption laws (e.g., FCPA, UK Bribery Act). Violations will result in immediate termination.

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1. 1. A separate contract (€50/month) is required for support/maintenance (e.g., updates, security). Without a contract, you are responsible for updates/security, including open source software.

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1. 1. Mediation is optional (e.g., DIS Germany, Vienna Chamber of Commerce, Zurich Chamber of Commerce), with a maximum of 30 days. Place of jurisdiction: Dillenburg District Court (Section 38 of the Code of Civil Procedure, Section 104 of the Code of Civil Procedure, Article 113 of the Code of Civil Procedure). Participation in DIS arbitration is optional.

1. 1. Costs: The mediation costs will be shared equally by each party, unless the court decides otherwise. The losing party bears the costs of the proceedings.

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Messages: By email with read receipt or registered mail to: Sparkm4n Webdesign, Hof-Feldbachstr. 4, 35683 Dillenburg.

Entire agreement: General terms and conditions, offer, confirmation (§ 305b BGB).

Law: German law, unless mandatory provisions of Austria (§ 864a ABGB) or Switzerland (OR) prevail. Place of jurisdiction: Dillenburg District Court.

Arbitration: Optional Zurich Chamber of Commerce, unless mediation per § 14.1.

Severability clause: Invalid provisions will be replaced by economically similar provisions (§ 306 BGB). The contract remains in effect unless systematically disadvantageous. Free review of terms and conditions prior to conclusion.

Changes: Changes to the Terms and Conditions will be communicated in writing, for ongoing contracts only with consent.

Language: German version prevails.

Terms & Conditions | English Version

Global Terms & Conditions

Sparkm4n Webdesign
Hof-Feldbachstr. 4, 35683 Dillenburg, Germany
Effective: 27 May 2025

These Terms & Conditions (T&Cs) govern the relationship between Sparkm4n Webdesign and business clients worldwide. They are clear, fair, and legally robust across jurisdictions.

1. Scope and Parties

1. 1. These T&Cs apply to business clients globally, defined as entities acting in a commercial or professional capacity. Consumers are excluded, except where mandatory for small businesses (e.g., Australia ACL Sec. 3 for <$10M AUD, South Africa CPA for

1. 1. Scope: Global, covering Americas, Europe, MENA, Asia-Oceania, DACH (Germany, Austria, Switzerland), and Africa.

1. 1. Your terms apply only if we expressly agree in writing.

1. 1. Sparkm4n maintains Hiscox professional liability insurance, covering claims up to $5,000,000/€4,600,000, with cyber policies for PIPL (China/Korea), LGPD (Brazil), DPDPA (India), and Israel Cybersecurity Regulation. Policy available pre-contract.

2. Contract Formation

1. 1. Process:
      1. Offer: We provide a written offer via email, valid for 14 days unless otherwise stated. In Japan, contracts <¥10M include a non-waivable 14-day withdrawal right from signing per Act on Specified Commercial Transactions Art. 15.
      2. Acceptance: You accept by:
         1. Signing a PDF agreement.
         2. Email from an authorized representative stating “I accept.”
         3. Paying the initial invoice.
         4. Verbal Zoom/phone confirmation (protocol sent; binding upon notarized written confirmation in UAE per UAE Civil Code Art. 142, Dubai Court of Cassation 234/2020).
      3. Confirmation: We send written confirmation via email, making the contract binding.

      In UAE, side agreements require notarized written documentation per UAE Civil Code Art. 142.

1. 1. Recordings: Zoom/phone calls are recorded with consent, per GDPR Art. 6(1)(a), DSG (CH), CCPA (US), LGPD (Brazil), PDPA (Singapore), PIPL (China/Korea), LFPDPPP (Mexico), PIPEDA (Canada), DPDPA (India). Recordings are securely stored and deleted after 12 months unless legally required (e.g., § 257 HGB).

1. 1. Revocation: We may revoke offers if not accepted within 14 days.

3. Services and Deliverables

1. 1. Services: Include Web Design, Web Development, Content Marketing Strategy, App Search Optimization, Reputation Management, SEO Optimization, Map Search Optimization, Social Media Marketing, Social Media Recruiting, Email Marketing, Pay Per Click Management, Conversion Rate Optimization, Affiliate Management, Online Presence Analysis. The offer includes a detailed specification (pages, features, KPIs, timeline), confirmed by you pre-work. Ambiguities are resolved in good faith (UCC § 1-304, § 242 BGB). You may request a KPI annex. Key services:
      
      • • Web Design: Responsive HTML5/CSS3, mobile-optimized (PageSpeed ≥90%, iOS/Android), 5 pages (~500 words/page), 1 revision. Excludes: WCAG 2.0 ($2,000/€2,000), hosting (€50/month).
      • • Development: WordPress/PHP or React, CMS setup, 1 test cycle. Excludes: App store fees, maintenance ($100/month).
      • • SEO On-page optimization for 15 keywords, meta-tags, sitemap, PageSpeed ≥90%. Excludes: Ad budgets, off-page SEO. No ranking guarantees, but we are liable for omitting agreed basic optimization measures (e.g., missing meta-tags, sitemap) per Singapore CPFTA Sec. 4.
      • • Social Media: 12 posts/month, 1 platform, content plan, up to 100 interactions. Excludes: Paid ads, extra posts ($50/post). In Malaysia/Saudi Arabia, content is certified halal by JAKIM-accredited auditors or Sharia Board.

1. 1. Client Obligations: You must:
      1. Provide content (e.g., text, images) in editable formats within timelines. Late delivery incurs a $100/€92/week penalty (max $1,000/€920).
      2. Secure content licenses and ensure legal compliance (e.g., privacy notices).
      3. Maintain domain/hosting unless we provide them. You are responsible for server compatibility; we offer support at $150/€138/hour.
      4. Agree to changes in writing (minimum $150/€138 fee).

      We are not liable for delays, defects, or legal issues due to your non-compliance.

1. 1. Local Content: In Tanzania, 20% local subcontractors per Local Content Regulations. In Malaysia, 30% Bumiputera subcontractors for government contracts, 10% for private, per PPTK Act Sec. 3A. Where local law mandates subcontracting (e.g., Nigeria 30% Local Content Act), we comply and adjust pricing, notified pre-contract.

4. Financial Terms

1. 1. Payment Schedule:
      
      1. 1. 30% deposit at signing (15% in Japan, Turkey, India), refundable if <5% work is performed. In Saudi Arabia, optional Letter of Credit (LC)/Standby LC (SBLC) per SAMA Circular 1814. In UAE, notarized agreement required per UAE Civil Code Art. 144. In Mexico, deposits >$50,000 USD reported to SAT (Art. 86 LISR). In Tanzania, >10% require Central Bank approval. In Turkey, CBRT approval for USD payments (Decree No. 32).
      1. 1. 50% upon prototype approval.
      1. 1. 20% upon completion and acceptance.

1. 1. Currency/Taxes: Payments in US Dollars ($) for Americas, Euros (€) for Europe/MENA/Asia-Oceania, or local currency (e.g., CNY for China, TRY for Turkey with fixed rate per Art. 88 TCC). Payments in volatile currencies (e.g., TRY, ARS, BRL) are pegged to EUR/USD at invoice date (ECB rate). If the currency devalues >10% before payment, we may adjust the invoice. You are responsible for local taxes (e.g., VAT, GST, withholding tax) unless agreed otherwise (EU reverse charge per Art. 196 VAT Directive, Saudi Arabia direct billing per VAT Law Art. 33, India 10% withholding per Sec. 195 Income Tax Act, UAE 0% per Federal Decree-Law No. 8/2017). In China, USD/CNY payments require SAFE approval.

1. 1. Late Payments: Interest per local law (e.g., Prime Rate + 1% (~6% p.a. 2025) in California per CA Civil Code § 3289, 6% in New York, 1% monthly in UAE with Fatwa from Dubai Islamic Economy Centre, 5% per § 288 BGB). In Saudi Arabia, Sharia-compliant fee (max 1% per month, Sharia-compliant, Sharia Board-approved). After 48 days, we may suspend work after 14-day notice and Zoom/phone consultation, charging a $100/€92/week penalty (max $1,000/€920). You may request a 30-day dispute resolution period or payment plan.

5. Project Management

1. 1. Process:
      
      1. 1. Kick-off meeting (virtual/in-person).
      1. 1. Prototype phase (2 design options).
      1. 1. Development/testing (90-day review in Singapore for standard, 120-day for complex; 30-day standard elsewhere, 45-day complex).
      1. 1. Go-live.

1. 1. Acceptance: You report defects in writing within 30 days (standard, 2 years in Poland per Art. 6 KC), 90 days (Singapore standard), or 45/120 days (complex, e.g., apps, >10 pages). Period starts with test access. You may request a 30-day extension for technical reasons. We provide test access, documentation, and defect report template. Without feedback, deliverables are deemed accepted. We bear the burden of proving defect-free deliverables in Poland (Art. 6 KC), France (Code Civil Art. 1353), Belgium (Burgerlijk Wetboek Art. 1641), within 2 years (or longer, e.g., 3 years for Australia ACL Sec. 54, Singapore CPFTA Sec. 4, NZ CGA).

6. Intellectual Property

1. 1. Rights Transfer: Upon full payment and completion certificate, you receive full, non-exclusive usage rights to deliverables. Source code is transferred for a fee, unless agreed otherwise. We may reuse templates/designs.

1. 1. Portfolio Use: Optional, no fee in California (CC § 3344) or at signing globally. Post-contract opt-out incurs $200/€184.

1. 1. Violations: Penalties capped at 10% contract value in Brazil (Art. 412 Código Civil), Colombia (Art. 1592 Código Civil), Mexico (Art. 1844 CCF), or $1,500/€1,380 globally.
      1. Unauthorized use: $800/€736 or 10% contract value.
      2. Source code disclosure/reverse-engineering: $1,200/€1,104 or 10% contract value.
      3. License circumvention: $800/€736 or 10% contract value.

      Audits with 14-day notice, once per 12 months. You may dispute findings within 7 days.

1. 1. Open-Source: We disclose Open-Source licenses (e.g., GPL, AGPL, MIT) pre-contract. You are responsible for compliance (e.g., publishing source code for GPL/AGPL). We notify you of copyleft risks before implementation. We are liable for defects if we select/configure Open-Source software, per EU Digital Content Directive Art. 17, Israel Open Source Regulation Sec. 5, up to Hiscox coverage ($5M/€4.6M).

1. 1. IP Indemnification: You warrant that provided content (e.g., images, text) is licensed or owned. We indemnify you for IP claims arising from our original code or designs, up to Hiscox coverage ($5M/€4.6M), but not for third-party content you supply.

7. Liability Framework

1. 1. Caps: Liability for ordinary negligence is limited to foreseeable damages, up to Hiscox coverage ($5,000,000/€4,600,000), except where prohibited (e.g., Brazil CDC Art. 51, France Code Civil Art. 1170). No cap for gross negligence or willful misconduct (UCC § 2-719, § 309 Nr. 7 BGB). Consequential damages covered up to 75% contract value for ordinary negligence, fully for gross negligence (TX Bus. & Com. Code § 2.719). Data breaches capped at $2,500,000/€2,300,000, or $5,000,000/€4,600,000 for higher damages, with ISO 27001, CBLC (Brazil LGPD Art. 65), MLPS Level 3 (China) certifications.

1. 1. Exclusions: No liability for:
      
      1. 1. Third-party platform changes, unless we select/manage them (NZ FTA 1986, Singapore CPFTA Sec. 4).
      1. 1. Defects in your content.
      1. 1. Data loss without your backups.
      1. 1. Force majeure (e.g., Hackerangriffe, DDoS) with ISO 27001/CBLC/MLPS safeguards.
      1. 1. Third-party service failures unless we manage them.

1. 1. Insurance: Hiscox covers claims up to $5,000,000/€4,600,000, with subrogation rights and cyber policies for PIPL/CSL/LGPD/DPDPA. Policy available pre-contract.

8. Termination

1. 1. Termination with Cause: Either party may terminate if the other breaches material obligations (e.g., payment delays >30 days) and fails to remedy within 14 days of written notice, or enters bankruptcy.

1. 1. Termination without Cause: Either party may terminate with 30 days’ written notice, paying for work performed, compliant with Poland Art. 384 KC.

1. 1. Post-Termination: Access revoked 7 days post-termination, with temporary CMS access during transfer. CMS, hosting, and domain rights transferred within 14 days. Disputed assets held in escrow. Data deleted per local law (e.g., immediate for LGPD/LFPDPPP, 30 days for PIPEDA, local proof in Colombia Ley 1581).

9. Dispute Resolution

1. 1. Process: You select one jurisdiction at signing:
      1. Americas: AAA arbitration or Delaware Chancery Court (Wilmington, Delaware law for US disputes, German law otherwise); local courts if mandatory (e.g., CA Superior Court, CA Code Civ. Proc. § 410.10); ICC Mexico City (Mexican law for LATAM, German law otherwise).LATAM: ICC arbitration (São Paulo). If local law voids arbitration (e.g., Brazil Arbitration Law Art. 34), São Paulo State Court applies.Asia-Oceania: SIAC arbitration (Singapore, UNIDROIT Principles with Singapore law, German law where applicable) with local mediation for ASEAN. If local law voids arbitration (e.g., India Arbitration Act Sec. 2(2)), Delhi High Court applies.DACH/Europe/MENA: DIS arbitration (Frankfurt), Amtsgericht Dillenburg (German ZPO, German law), or DIFC Courts (UAE); ICC Istanbul (Turkish law with Turkish arbitrators, German law where permitted).Global Alternative: London High Court (English law for global disputes, German law where permitted).

      Default: Delaware Chancery Court (US/LATAM, <$500k), SIAC (Asia-Oceania, <$500k), Amtsgericht Dillenburg (DACH/Europe/MENA), DIFC (UAE). For >$500k, London High Court preferred for enforceability. Class actions waived where enforceable; permitted where prohibited (e.g., California CA Civil Code § 1751, New York NY CPLR § 901). If local law voids arbitration, disputes go to local courts (e.g., Delhi High Court, São Paulo State Court) or Delaware/DIFC/SIAC. Proceedings in English, Spanish, German, French or Russian.

1. 1. Costs: Mediation/arbitration costs split equally unless assigned otherwise. Losing party bears legal fees.

10. Confidentiality

1. 1. Non-public information is confidential and not disclosed except as legally required. Survives termination.

11. Force Majeure

1. 1. No liability for delays due to events beyond control (e.g., natural disasters, Hackerangriffe), provided ISO 27001, CBLC (Brazil), MLPS Level 3 (China) safeguards. We notify you promptly. After 30 days, either party may terminate without liability.

12. Compliance

1. 1. Anti-Corruption: We comply with anti-corruption laws (e.g., FCPA, UK Bribery Act). Violations permit immediate termination.

1. 1. Sanctions & Export Controls: We comply with EU, US (OFAC), and UN sanctions. Contracts with sanctioned entities (e.g., OFAC SDN list, EU Consolidated List) are void. You warrant compliance with export controls (e.g., EAR, ITAR, EU 2021/821).

13. Data Protection

1. 1. We comply with GDPR (EU), DSG (CH), CCPA (US), LGPD (Brazil), PDPA (Singapore), PIPL (China/Korea), LFPDPPP (Mexico), PIPEDA (Canada), DPDPA (India), Russia 152-FZ, and equivalent laws. We sign region-specific DPAs (e.g., Art. 28 GDPR, LGPD Art. 33, PIPA Art. 28, LFPDPPP Art. 37, DPDPA Sec. 8). Data stored in Germany unless local law mandates otherwise (e.g., China PIPL, Russia 152-FZ, India DPDPA). Cross-border transfers use EU SCCs, China PIPL Standard Contracts, India DPDPA frameworks, or other approved mechanisms. Data deleted per local law (e.g., immediate for LGPD/LFPDPPP, 30 days for PIPEDA, local proof in Colombia Ley 1581, 24-hour breach reporting for Korea PIPA Art. 33-5). More: www.sparkm4n.de/datenschutz.

14. Support and Maintenance

1. 1. Support/maintenance requires a separate contract ($100/€92/month). Standard support requests answered within 48 hours (business days, Mon-Fri, 9:00-17:00 CET). Critical issues (e.g., website downtime, security breaches) addressed within 12 hours. Without contract, you are responsible for updates and security, including Open-Source software.

15. General Provisions

Entire Agreement: T&Cs, offer, confirmation are entire agreement (UCC § 2-202, § 305b BGB).

Notices: Via email with read receipt or certified mail to: Sparkm4n Webdesign, Hof-Feldbachstr. 4, 35683 Dillenburg, Germany.

Governing Law: German substantive law applies, excluding CISG, unless mandatory local law prevails (e.g., CA Civil Code § 1761, Sharia for Saudi Arabia/UAE, Poland KC Art. 384, Singapore CPFTA Sec. 4, Australia ACL Sec. 3, South Africa CPA). Where local law conflicts, the stricter provision applies (e.g., Brazil CDC Art. 51, France Code Civil Art. 1170). German law supplements non-mandatory provisions.

Language: English, French (Québec, Charte de la langue française Art. 55), Japanese (Japan, Kaishahō Art. 7-2, physical PDF/mail pre-contract, www.sparkm4n.de/terms-ja) versions binding. Other translations for convenience. Proceedings in English, Spanish, German, French, or Russian.

Severability: Invalid provisions replaced with ones closest to economic intent. Remaining provisions enforceable.

Amendments: Notified 120 days in advance, requiring your consent (Poland Art. 384 KC).

No Waiver: Non-enforcement is not a waiver.