Terms & Conditions

Last updated: 20 May 2026  ·  These terms govern all contracts entered into between N&K Webdesign and its clients.

1. Scope of Services

N&K Webdesign provides professional web design, web development, and related digital services as agreed in a written project proposal or statement of work (SOW). The specific deliverables, timelines, and pricing applicable to each engagement are set out in the individual project proposal issued to the Client.

These Terms apply to all services provided by N&K Webdesign unless expressly superseded by a separately executed written agreement. Any changes to the agreed scope of work must be requested in writing and are subject to additional fees and revised timelines.

2. Quotations and Project Proposals

All quotations and project proposals issued by N&K Webdesign are valid for 30 days from the date of issue, unless otherwise stated. A quotation does not constitute a contract. A binding contract is formed only when:

• The Client accepts the proposal in writing (including by email); and
• The initial deposit invoice has been paid in full (see Section 3).

N&K Webdesign reserves the right to decline any project at its sole discretion.

3. Payment Terms

3.1 Deposit

A non-refundable deposit of 50% of the total project fee is due before any work commences. Work will not begin until the deposit has been received and cleared. The deposit compensates N&K Webdesign for time reserved and preliminary work undertaken.

3.2 Final Payment

The remaining 50% of the project fee is due upon completion of the project and before the final website files, login credentials, or live deployment are delivered or transferred to the Client. "Completion" means the project is functionally complete and the Client has approved the final version, or 14 days have passed since N&K Webdesign notified the Client that the project is ready for review without the Client providing written feedback.

3.3 Invoices and Late Payment

Invoices are payable within 14 days of the invoice date by bank transfer to the account details stated on the invoice. In the event of late payment, N&K Webdesign reserves the right to:

• Charge statutory interest on overdue amounts at the rate of 9 percentage points above the base interest rate of the European Central Bank (§ 288 Abs. 2 BGB);
• Suspend work on the project until all outstanding amounts are settled;
• Withdraw the website from live hosting until payment is received.

3.4 Expenses

Any third-party costs incurred on behalf of the Client (domain registration, hosting fees, stock photography licences, premium typefaces, third-party plugins, etc.) will be invoiced separately and are payable in advance unless otherwise agreed.

4. Client Responsibilities

The Client agrees to:

• Provide all required content (text, images, logos, brand assets) within 7 days of the agreed project start date, or within a timeline agreed in the SOW;
• Designate a single point of contact with authority to approve decisions and provide feedback;
• Respond to requests for feedback, approvals, or information within 5 business days;
• Ensure that all materials provided to N&K Webdesign are owned by the Client or that the Client holds the necessary licences to use them;
• Provide accurate business information (Impressum data, legal entity details, etc.) required for legal compliance.

Delays caused by the Client's failure to provide content, feedback, or approvals on time may result in revised delivery timelines and/or additional fees.

5. Revisions and Change Requests

Each project proposal includes a specified number of revision rounds. A "revision" means a set of consolidated changes communicated in a single written request. Additional rounds of revisions beyond those included in the proposal will be charged at N&K Webdesign's hourly rate in force at the time.

Changes that alter the fundamental scope, design direction, or technical architecture of the project (as agreed in the original SOW) constitute new scope and will be quoted separately.

6. Intellectual Property and Ownership

6.1 Transfer of Rights

Upon receipt of full and final payment of all outstanding invoices, N&K Webdesign assigns to the Client all intellectual property rights in the custom design, code, and content created specifically for the project, including copyright, design rights, and all other applicable rights, to the fullest extent permitted by law.

6.2 Rights Prior to Full Payment

Until full payment is received, N&K Webdesign retains all intellectual property rights in all work produced. The Client is granted no licence to use, publish, or distribute the work until full payment is made.

6.3 Third-Party Components

Certain elements incorporated into the project — including open-source libraries, stock images, typefaces, and third-party plugins — are subject to their own licences. N&K Webdesign will identify these components and confirm the applicable licence terms. The Client is responsible for ensuring ongoing compliance with those licences after handover.

6.4 Portfolio Rights

N&K Webdesign retains the right to display the completed project in its portfolio and to reference the Client's name as a client, unless the Client requests confidentiality in writing before the project commences.

7. Confidentiality

Both parties agree to keep confidential all proprietary information, business data, pricing, and technical details disclosed during the course of the project. This obligation survives termination of the contract for a period of 3 years. Confidentiality does not apply to information that is or becomes publicly available through no breach of this clause, or that is required to be disclosed by law.

8. Warranties and Representations

N&K Webdesign warrants that:

• The services will be performed with reasonable care and skill;
• Custom work produced by N&K Webdesign will not knowingly infringe any third-party intellectual property rights;
• Websites will be tested for cross-browser compatibility on current versions of Chrome, Firefox, Safari, and Edge at the time of delivery.

The Client warrants that:

• It has the right to use all materials it provides to N&K Webdesign;
• The intended use of the website complies with applicable law.

9. Limitation of Liability

To the fullest extent permitted by applicable law:

• N&K Webdesign's total liability to the Client for any claim arising out of or in connection with the services shall not exceed the total fees paid by the Client for the specific project giving rise to the claim;
• N&K Webdesign shall not be liable for any indirect, consequential, or special loss, including but not limited to loss of profits, loss of revenue, loss of data, or loss of business opportunity;
• N&K Webdesign is not liable for downtime, security breaches, or data loss occurring after the project has been handed over to the Client or to a third-party hosting provider.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited by German law.

10. Termination

10.1 Termination by the Client

The Client may terminate the contract at any time by written notice. In such event, the Client remains liable to pay for all work completed up to the date of termination, calculated pro-rata against the total project fee. The non-refundable deposit is forfeited in all cases. Any balance due above the deposit will be invoiced and payable within 14 days.

10.2 Termination by N&K Webdesign

N&K Webdesign may terminate the contract immediately by written notice if:

• The Client fails to pay any invoice within 30 days of the due date;
• The Client acts in breach of these Terms and fails to remedy the breach within 14 days of written notice;
• The Client requests N&K Webdesign to produce content that is unlawful, misleading, or infringes third-party rights.

10.3 Abandonment

If a project remains inactive for 60 or more consecutive days due to the Client's failure to provide content, feedback, or payment, N&K Webdesign may treat the project as abandoned. In that case, all fees paid are forfeited and the contract is terminated. Resumption of the project would require a new proposal.

11. Force Majeure

Neither party shall be liable for delays or failure to perform its obligations caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, pandemic, or failure of third-party infrastructure providers. The affected party shall notify the other in writing as soon as reasonably practicable.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of München (Munich), Germany, unless mandatory consumer protection law provides otherwise.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13. Amendments

N&K Webdesign reserves the right to amend these Terms at any time. The current version published on this website applies to all new engagements. Existing projects are governed by the Terms in force at the time the contract was formed.

14. Contact

For any questions regarding these Terms, please contact us at neyer140305@icloud.com or refer to the contact details in our Impressum.