I. General
1. Scope
1.1 The following general terms and conditions apply to all legal transactions between Yunilabs UG, hereinafter referred to as “Yunilabs”, and its contractual partner, hereinafter referred to as the “Client”, in particular in the service areas of web design, branding, ads design, printables, web hosting and graphic design.
1.2. Deliveries, services and offers by Yunilabs are made exclusively on the basis of these terms and conditions. They also apply to future business relationships, even if they are not expressly agreed again. These terms and conditions take precedence over any deviating conditions of the Client. Counter-confirmations by the Client referring to its own terms and conditions are hereby rejected.
1.3. Changes to these terms and conditions will be communicated to the Client in writing. If the Client is an entrepreneur, they are deemed approved if the Client does not object in writing. The objection must reach Yunilabs within 4 weeks of the changes being announced. If the Client is a consumer, the changes only take effect once the Client has declared acceptance.
2. Conclusion of the contract
2.1. If a new client contacts Yunilabs regarding an assignment, a personal meeting usually takes place. The Yunilabs employee then sends the offer, stating among other things all services to be provided, the price payable by the Client and the period for providing the service. The contract between the new client and Yunilabs comes into effect when the offer, signed or confirmed in writing by the Client, is received by Yunilabs (original, fax, email or contract-signing software such as Invoiz).
2.2. For existing clients, the contract may also be concluded by sending an order confirmation in response to a request made verbally or by email.
3. Data protection
3.1 The contractual partner agrees that, within the scope of the contract concluded with them, data about their person may be stored, changed and/or deleted and transferred to third parties in the course of performing the contract. This applies in particular to the transfer of data required to register and/or change a domain (internet address).
3.2 The stored data and the knowledge about the Client and their company that Yunilabs obtains in the course of the assignment are treated confidentially.
3.3 This website uses Webmetic for marketing, market research and optimisation purposes. Under Article 6(1)(f) GDPR, company-related data is collected and pseudonymised. A special code is implemented for this, which securely captures the relevant data. The data is encrypted from administration onwards in order to ensure its integrity. The data collected is processed exclusively in pseudonymised form and is not used to personally identify individual visitors to this website, which is neither permitted nor part of our processes. The data is deleted as soon as the purpose of processing has been fulfilled and no statutory retention obligations remain. You can object to the collection and storage of data at any time with effect for the future by opening this link https://t.webmetic.de/opt-out/. There you can activate an opt-out.
4. Copyright
4.1 The copyright in all works created by Yunilabs (including drafts) remains with Yunilabs. The Client is entitled to use the works created by Yunilabs within the scope of the purpose of the contract. Transferring the right of use to third parties is permitted only with the consent of Yunilabs.
5. Liability
5.1 The risk of the legal admissibility of the activity and the creation of projects by Yunilabs is borne by the Client. The Client indemnifies Yunilabs against third-party claims where Yunilabs acted at the Client’s express request even though it had informed the Client of its concerns regarding the admissibility of the measures.
5.2 If Yunilabs considers a competition-law review by a particularly qualified person or institution to be necessary for the measures to be carried out, the Client bears the costs after prior agreement.
5.3 Yunilabs is liable to the Client for damages caused intentionally or through gross negligence by Yunilabs or its vicarious agents. In the case of damages arising from injury to life, body or health, damages attributable to the breach of a material contractual obligation, and damages caused by the absence of a guaranteed characteristic, Yunilabs is liable for itself and its vicarious agents also in the case of simple negligence.
5.4 In the event of liability for the breach of a material contractual obligation, liability is limited to the damage typical of the contract and foreseeable, up to a maximum of the annual fee payable by the Client (web hosting) or a maximum of the remuneration for the agreed service (web design, graphic design).
5.5 Yunilabs is not liable for the ranking of the website in search engines.
5.6 Nor is Yunilabs liable for the accuracy of texts in the designs or other works created. Responsibility for their accuracy and legal compliance lies with the Client in every case.
II. Marketing services
6. Data – third-party rights
6.1. The Client supplies all data (texts/images/videos, data, etc.) necessary for evaluation and implementation in digital form. If the Client’s materials first have to be converted into digital form, this is charged as an additional cost.
6.2. The Client warrants that all data supplied by them (texts/images/videos, etc.) is free of third-party rights and that its use does not infringe third-party rights, in particular copyright, name or trademark rights and the “right to one’s own image”. They warrant that they hold the corresponding right of use in the data supplied (texts/images/videos, etc.) and that any necessary consent of the persons depicted has been obtained. The Client further warrants that the data supplied (texts/images/videos, etc.) does not infringe legal provisions, in particular regarding the protection of minors and competition law, and that links to third-party websites to be included in the website are not unlawful.
6.3 Yunilabs is not obliged to check the data supplied by the Client (texts/images/videos, etc.) for legal admissibility or third-party rights. However, it reserves the right not to use data supplied by the Client (texts/images/videos, etc.) whose content it considers legally questionable, until the Client proves otherwise.
6.4. The Client is obliged to assume all legal responsibility, in particular with regard to copyright protection, the protection of minors, press law and the “right to one’s own image”. The Client indemnifies Yunilabs against all third-party claims relating to the data provided (texts/images/videos, etc.). The Client informs Yunilabs immediately if any infringements become known.
7. Data loss
In the event of a loss of the data supplied by the Client (texts/images/videos, etc.), Yunilabs can only be held liable if it acted intentionally or with gross negligence. The Client undertakes to retransmit all necessary data to Yunilabs free of charge, except in cases of intent or gross negligence.
8. Obligations of the Client
8.1 The Client is obliged to provide all data necessary for performing the service (texts, images, videos, etc.) within 3 working days of the conclusion of the contract. If this deadline is not met, the service period stated in the contract is extended by the duration of the delay.
8.2 The Client must accept the service rendered within 5 working days of notification by Yunilabs, and acceptance may not be refused on artistic or design grounds.
8.3 The Client is obliged to accept and pay for the services of Yunilabs before the end of the period stated in the contract.
8.4 If the cooperation on a subscription product, where a service is owed for a period rather than for a specific result, is terminated, the Client is only entitled to request changes during the ongoing contract term, and those changes must also be feasible for Yunilabs within the remaining term.
9. Prices and payments
9.1 The monthly amount agreed in the offer is due at the end of each billing period (that is, of the respective month) and payable to Yunilabs. Different payment terms may be agreed in individual cases, such as advance payment for a specific period or different billing periods. The subscription fee is charged via the selected payment method.
9.2 In the event of late payment, Yunilabs may charge default interest of 6 percentage points above the applicable base rate of the European Central Bank per annum.
Yunilabs also reserves the right to temporarily suspend all services until outstanding claims have been settled in full. Suspension of the services does not release the Client from their contractual payment obligations. In particular, the billing period continues to run during the suspension and proceeds as normal. Subsequent postponement or crediting of the suspended periods is excluded.
9.3 The Client agrees that invoices may be sent by email.
10. Notice periods
The initially agreed cooperation is automatically extended, without separate confirmation, until the end of the next full quarter.
The initial cooperation can only be terminated at the end of the term, giving four weeks’ notice to the end of the term.
The ongoing cooperation can be terminated giving notice to the end of the next full quarter.
III. Domain provision
In the event that domains or web space are also obtained through Yunilabs, the following conditions apply in addition:
10.1 The subject of a domain/hosting contract is the provision of hard disk space on servers operated on the internet and/or the provision of a domain.
10.2 The exact specifications of the services are set out in a separate description.
10.3 The domain/hosting contract is concluded for an indefinite period and begins on the date the domain is registered.
10.4 The contractual relationship may be terminated by either party giving four weeks’ notice to the end of a calendar month, but at the earliest after a contract term of three months. The right to terminate for good cause remains unaffected for both parties.
10.5 Should disruptions occur in the use of the server covered by this contract, the Client will notify Yunilabs of them without delay.
10.6 The Client is obliged to handle the access credentials for this contract with care and to prevent misuse of the credentials by third parties.
10.7 Persons who use the server access that is the subject of this contract with the Client’s knowledge and consent are not deemed third parties under this contract.
10.8 The Client warrants that they will not store on the contractual storage space, or publish on the internet, any content whose provision, publication or use infringes applicable law or third-party rights.
10.9 The Client is obliged to make an imprint accessible to everyone and easily reachable from every page. Insofar as the Client transmits data to Yunilabs, the Client makes backup copies. In the event of data loss at Yunilabs, the Client retransmits their data free of charge. The provider accepts no liability for the loss of data on the servers. Should the Client wish Yunilabs to perform regular backups, this can be booked for a fee. This too is done without Yunilabs assuming liability for data loss, and serves only as additional security for the Client.
10.10 The written registration conditions (DENIC domain terms) are handed over when the contract is concluded — receipt is to be confirmed by the Client in writing.
IV. Final provisions
12. Self-promotion
12.1 Yunilabs is entitled to place a credit notice on the Client’s website.
12.2 The Client agrees that websites or graphics created for them may be displayed as references where required (for example on the Yunilabs company website or in galleries).
13. Governing law and place of jurisdiction
13.1 These terms and conditions and the entire legal relationship with the Client are governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
13.2 If the Client is a merchant, a legal entity under public law or a special fund under public law, the place of performance is Hamburg.
13.3 If the Client is a merchant, a legal entity under public law or a special fund under public law, Yunilabs may be sued exclusively in the courts of Hamburg.
14. Other ancillary provisions
14.1 Ancillary agreements must be made in writing.
14.2 In addition to the traditional channels of communication, both parties agree to communicate by email.
15. Severability clause
15.1 Should individual provisions of this contract be or become wholly or partly invalid, the legal validity of the remaining provisions is not affected. They shall be replaced by an appropriate provision which, as far as legally permissible, comes closest to the purpose or intention of the invalid provision.