Terms and Conditions
Last updated: April 2026
1. Scope
These terms apply to all contracts between Xellux ("Contractor") and the customer ("Client") for the provision of services in the areas of web development, design and digital solutions. Conflicting or supplementary terms of the Client shall only become part of the contract if the Contractor has expressly agreed to them in writing.
2. Subject of the contract
The subject of the contract is the creation of digital products, in particular websites, web applications, mobile apps, designs and related services. The exact scope of services is defined in the respective offer or service description. Changes to the scope of services require the written form. Additional services beyond the agreed scope will be billed based on time and effort.
3. Offers & conclusion of contract
Offers from the Contractor are non-binding unless expressly marked as binding. The contract is concluded through written order confirmation or by the start of the service provision. Offers are valid for 30 days unless otherwise stated.
4. Prices & payment
All prices are in Euro plus statutory VAT. For project orders, a deposit of 50% is due upon order placement. The remaining amount is due after completion and acceptance. Ongoing services are billed monthly. Invoices are payable within 14 days without deduction. In case of late payment, default interest of 9 percentage points above the base rate will be charged.
5. Duties to cooperate
The Client shall provide all information, materials and access required for the project in a timely manner. The Client shall designate a contact person authorised to make decisions on all project-related matters. If the provision of services is delayed due to a lack of cooperation, agreed deadlines shall be extended accordingly.
6. Acceptance
Upon completion, the Client will be asked to accept the services within 14 days. Any defects must be reported in writing without delay. If the Client does not respond within the deadline, the service shall be deemed accepted.
7. Warranty
The Contractor warrants that the services meet the agreed requirements. The warranty period is 12 months from acceptance. In the event of defects, the Contractor has the right to subsequent performance. If subsequent performance fails twice, the Client may request a reduction in price or withdrawal from the contract.
8. Rights of use
Upon full payment, the Client receives exclusive rights of use to the works created for the contractually agreed purpose. Rights of use for templates, frameworks and libraries under open-source licences are not transferred. The Contractor reserves the right to use the works created for reference purposes unless otherwise agreed.
9. Liability
The Contractor is liable without limitation for damages arising from injury to life, body or health, as well as for intent and gross negligence. In the case of slight negligence, liability is limited to foreseeable, contract-typical damages and to the agreed order value.
10. Confidentiality
Both parties undertake to treat all information received in the course of the cooperation as confidential and to use it only for the execution of the project.
11. Final provisions
The law of the Federal Republic of Germany applies. Should individual provisions of these terms be invalid, the validity of the remaining provisions shall remain unaffected.