General Terms and Conditions of HQ GmbH

1.1.
HQ GmbH provides its services exclusively on the basis of these Terms and Conditions. This also applies to all future services unless the Terms and Conditions are expressly agreed otherwise again. Conflicting purchasing and delivery terms shall not become part of the contract, even without our express objection and even in the event of performance/delivery.
1.2.
The provisions of these Terms and Conditions shall govern all legal transactions with HQ GmbH. By placing the first order, the client acknowledges the exclusive validity of our provisions, even where the wording of the client's own terms and conditions conflicts with them, unless otherwise agreed in writing.

2.1.
Offers (including quotations in the standard price list) are always non-binding. Orders are accepted by HQ GmbH by means of a written order confirmation by email, letter or fax subject to these Terms and Conditions.
2.2.
Oral side agreements or special conditions agreed by email require written confirmation by letter or fax in order to be effective.

Deadlines and scheduling agreements must generally be recorded or confirmed in writing.

For an order placed with HQ GmbH by the client online via order form or by email inquiry, the client will receive a confirmation by email. The client must check this confirmation for accuracy and immediately report any errors by email, telephone or fax.
Any changes to the domain name or country code are only possible until HQ GmbH has submitted the domain for registration with the relevant NIC.

Withdrawal Instructions
Right of Withdrawal
You may withdraw your contractual declaration within 14 days without stating reasons in text form (e.g. letter, fax, email). The period begins after receipt of these instructions in text form. Timely dispatch of the withdrawal is sufficient to meet the withdrawal deadline.
The withdrawal must be addressed to:

HQ GmbH
Triptister Str. 20
07955 Auma-Weidatal
Fax: 036626 3176-222

Consequences of Withdrawal
In the event of an effective withdrawal, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender the service received and any benefits (e.g. benefits of use), either in full or in part, or can do so only in a deteriorated condition, you must compensate us for the loss in value. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you dispatch your declaration of withdrawal and for us when we receive it.

Special Notes
Your right of withdrawal expires prematurely if, at your express request, the contract has been fully performed by both parties before you have exercised your right of withdrawal.

End of Withdrawal Instructions

5.1.
HQ GmbH guarantees an annual average availability of its servers of 99.9%. This excludes periods in which the server cannot be reached due to technical or other problems outside the control of HQ GmbH (force majeure, fault of third parties, etc.). HQ GmbH may restrict access to the services if this is necessary to ensure the security of network operations, maintain network integrity, in particular to prevent serious disruptions to the network, software or stored data.
5.2
Only one service plan from HQ GmbH may be used for each of the customer's internet domains.
5.3
HQ GmbH is entitled to accept the customer's application to conclude the contract within a period of 14 days after the customer's telephone order or dispatch of the order.
5.4
The contract is concluded only when HQ GmbH countersigns the customer's application or when the first act of performance is carried out.
5.5
The contract is concluded for an indefinite period. The contractual relationship may be terminated by either party without stating reasons with 30 days' notice to the end of the billing period. Termination of a domain within the first 12 months after registration or renewal is not possible within the webspace packages.
If a customer wishes to move the domain to another provider during this period, this is of course possible. We will then charge only the price the customer would have had to pay for the domain alone over the course of the 12 months. Naturally, this provision does not apply to domains paid annually.
5.6
HQ GmbH is entitled to release the customer's domain after termination of the contract. At the latest upon such release, all rights of the customer arising from the registration expire.
5.7
If third parties assert claims against HQ GmbH due to actual or alleged infringement of rights, HQ GmbH is entitled to place the customer's domain immediately under the management of the registrar and to block the customer's corresponding presence for a fee.
5.8
The right of both parties to terminate without notice for good cause remains unaffected. Good cause exists for HQ GmbH in particular if the customer

is more than 20 calendar days in arrears with payment of the fees,
culpably violates the allocation terms or allocation guidelines.

5.9
Any termination may be carried out via the customer area at www.hq-gmbh.de .
If termination is not carried out via the customer area, it must be in writing to be effective, with fax also satisfying the written-form requirement. Termination by ticking a box on a KK form is expressly excluded from this.
5.10
The subject matter of this contract comprises all domains applied for by the customer insofar as they have been allocated to the customer. If individual domains under a plan are terminated by the customer or as a result of binding decisions in domain disputes, the customer has no entitlement to apply for a free replacement domain. No refund is made in the event of early termination, either for individual domains under a plan or for additional individually booked domains, unless the termination was caused by HQ GmbH. The same applies to other severable individual services under a plan or additionally booked options.
5.11
Domains and webspace packages are always billed in advance.
The invoice is sent by email. The customer must ensure that the email address provided when placing the order remains reachable throughout the entire term of the contract and must inform HQ GmbH in good time if the email address changes. The customer must also ensure that invoice emails are not blocked by any spam filters. Invoices are generally sent 10–14 days before the start of the next billing period. Email delivery has been thoroughly checked and it is ensured that the emails will arrive in any event. If no invoice email has been received one week before the start of the next billing period, a problem must therefore have occurred within the customer's area of responsibility (email provider, etc.). Irrespective of the email, the current invoice may be viewed and printed at any time in HQ GmbH's customer area. Claims that the invoice email was not received are generally not accepted after a reminder has been issued.
At the customer's request, HQ GmbH will also send invoices by post. An additional fee of EUR 1.50 per invoice is charged for regular postal delivery, or EUR 5.00 if postal delivery is requested subsequently on a one-off basis.
Depending on the plan, billing intervals are monthly, quarterly, semi-annually or annually.
Payment of the invoice must be made by the start of the billing period, whereby payment is deemed made only when the invoiced amount has been credited to HQ GmbH's account. If the amount has not been received by HQ GmbH by the start of the billing period, HQ GmbH is entitled, after prior notice, to block the customer's domain and webspace for a fee. The domain and webspace will be reactivated only after all outstanding claims and the costs of the block have been paid. HQ GmbH is not obliged to reactivate the service before receipt of the outstanding claims on the basis of any payment confirmations sent by the customer. The customer may, however, apply for reactivation before receipt of payment, which will be reviewed by HQ GmbH. The customer has no entitlement to early reactivation.
Claims for damages against HQ GmbH arising from the paid blocking of the domain and/or webspace are generally excluded.
A claim is generally deemed to be the amount invoiced by HQ GmbH less any payments made by the customer. Only customer payments received in HQ GmbH's account, undisputed claims of the customer, or claims of the customer established by final judgment may be set off against HQ GmbH's claims.
HQ GmbH is entitled, in accordance with standard accounting practice, always to credit customer payments against the customer's oldest outstanding invoice (even if a different reference is stated).
Special terms for the direct debit procedure (also applies to the SEPA procedure):
HQ GmbH issues an invoice 14 days before it becomes due and sends the customer an email about it. This email contains the due date, amount, creditor identification number and mandate reference and constitutes advance notification in accordance with the SEPA guidelines.
Please note that under the current SEPA guidelines we are not required to ascertain whether this email has reached you. Therefore, please always ensure that the email address stored in the customer area is current and reachable.
Furthermore, for the SEPA procedure, a pre-notification period of at least 7 days before the due date is deemed agreed.
If the customer has issued a (SEPA) direct debit mandate and the invoiced amount was duly debited from the account specified by the customer on the basis of this authorization but was not honored by the specified bank because:
– the bank details were stated incorrectly
– the account did not have sufficient funds
– the direct debit carried out was reversed by the customer
– the customer issued a business mandate under the SEPA procedure but the account is maintained by the customer's bank as a private account
HQ GmbH is entitled to charge the costs incurred as a result plus a processing fee totaling 12.00 € (incl. VAT).
In this case, the customer is obliged to pay the outstanding amount, including the costs of the dishonored direct debit or returned direct debit and any default interest arising from exceeding the payment deadline, by bank transfer.
In the event of a returned direct debit, HQ GmbH is entitled, at its own discretion and after prior notice, to block the customer's account/server immediately.
Direct debits are processed automatically on the basis of the invoices issued and should therefore normally always be correct.
If, in the case of a direct debit, you cannot understand how it arose, please always check your invoice area first for new invoices or contact our accounting department. As a rule, all questions should be resolved in this way.
If an error on our part should actually occur, the amount will, at your option, be transferred back to you within 3 working days or offset against the next invoice. If the direct debit is nevertheless returned, the above-mentioned costs for the returned direct debit will in all cases still be charged.
5.12
The following special provisions additionally apply to the rental of dedicated servers.
The customer is responsible for operating the server.
If the customer makes changes to the system or individual program components, this is done at the customer's own risk. A prior inquiry to HQ GmbH regarding the installability of the program does not relieve the customer of this responsibility.
If installation of the customer's own program renders the server inoperable, HQ GmbH will, at the customer's request, carry out a chargeable reinstallation. HQ GmbH is entitled to perform the reinstallation only after the customer has paid the corresponding costs.
Claims for damages by the customer for the period during which the server is unavailable are excluded.
If HQ GmbH rents the server as a managed server, HQ GmbH undertakes the maintenance and servicing of the server and guarantees the highest possible availability of the server. Installation by HQ GmbH of the customer's own programs is not included in the surcharge for managed servers.
If HQ GmbH installs programs for the customer, this is done at the customer's risk, even where the installation is chargeable. The customer may assert claims for damages arising from this against HQ GmbH only in cases of gross negligence or intentional conduct.
For managed servers, the root password generally remains with HQ GmbH. If the customer requires the root password for any installations, a new root password will gladly be created and provided to the customer upon request during regular working hours. For the period during which the customer has access to the root password, the managed contract is suspended. The customer must inform HQ GmbH in writing as soon as the root password is no longer required. HQ GmbH will then reset it again during regular working hours, thereby reactivating the managed contract.
HQ GmbH assumes no warranty for changes made to the system during this period and is also not obliged to inspect them. If the customer's installations result in support work, this is not covered by the managed service and HQ GmbH is entitled to charge for it in accordance with the current price list.
No refund or credit of the fees for the managed option is made for the period during which the customer has access to the root password.
If the customer is partially or fully in arrears with payments, the customer has no entitlement to maintenance and servicing of the server, even if a managed contract has been concluded.
5.13
If HQ GmbH is unable to maintain the registration of a customer's sub-level domain under the provisions of the respective allocation authority for certain top-level domains, HQ GmbH is entitled to terminate the contract with the customer for these services extraordinarily with 14 days' notice to the end of the month.
5.14
The following special provisions apply to advertising-supported webspace packages.
1. The provision of these packages is financed by advertising; accordingly, HQ GmbH displays an advertising medium (usually an advertising banner) on the customer's website. This is done by automatically inserting code into the corresponding start file of the webspace. Preventing this advertising, in any form, is not permitted and will result in immediate blocking of the webspace.
2. The discounted webspace is not linked to any percentage click rates, minimum clicks or other consideration (other than that mentioned in paragraph 1). Every click on a banner must be entirely voluntary. Requests to click, click bots, notices such as "please note our sponsor", artificial increases in impressions, or automatically generated clicks on advertising banners are strictly prohibited and will result in immediate blocking of the webspace package.
3. There is no entitlement to advertising-supported packages; HQ GmbH is entitled at any time to discontinue the provision of advertising-supported packages. In that case, HQ GmbH would notify the customer in writing of the discontinuation of the service, whereby the written-form requirement is also deemed satisfied by notification by email. Upon discontinuation of the service, the customer has a special right of termination with 4 weeks' notice.
4. HQ GmbH reviews the advertising banners delivered and works only with the largest and most reputable online marketers in Germany. The provider of the page to which reference is made, and not HQ GmbH, which merely provides links to the respective publication, is solely liable for illegal, incorrect or incomplete content and in particular for damages arising from the use or non-use of information presented in this manner.
5. Operators of sites with erotic content are requested to contact our support team in advance, as separate servers are used for sites with erotic content and advertising must also be displayed for which approval for erotic sites has been granted.
5.1 Furthermore, webmasters of sites with Paid4 offers, Lose and Lose4 offers, top lists, legal file-sharing offers (or if you are not 100% sure) are requested to contact our support team in advance, as for the aforementioned sites we can only use advertising partners from whom separate approval has been obtained.
5.2 Sites with more than 1,000 visitors per day may receive special terms. Please also contact our support team for this.

6.1.
After receiving the written order from the client, HQ GmbH begins work on the order placed and, within the agreed period (if no precise deadline has been agreed: within a maximum of 10 working days), creates a corresponding sample design.
Websites are provided to the client for review and acceptance in the form of screen screenshots or printouts, at HQ GmbH's discretion.
6.2.
Each design is provided to the client for review and acceptance. Wherever possible, transmission by email is generally preferred.
6.3.
After receiving the first design, the client has the right to request changes/corrections once or, if the first design is entirely unsatisfactory, may request a second sample free of charge. We guarantee these rights. Any further requests for changes will be billed accordingly for the additional work incurred on an hourly basis.
6.4
HQ GmbH is obliged, upon request, to prepare a requirements specification for individual orders. It serves as the legal basis for conclusion of the contract. The costs for this depend on the type and scope of the requirements specification and, unless otherwise agreed, are to be borne by the client.
Ownership rights remain with HQ GmbH until full payment has been made. Further use by third parties is permitted only with the express approval of HQ GmbH.

7.1.
The client is obliged to check material provided for graphic design orders for any existing copyright and other intellectual property rights and to obtain any permissions necessary for its use.
7.2.
Any claims arising from copyright or other intellectual property infringements shall be borne entirely by the client. The client alone is responsible for any text content or other publications.
7.3.
The client shall indemnify HQ GmbH against all claims asserted by third parties against HQ GmbH due to conduct for which the client bears responsibility or liability under the contract. The client shall bear the costs of any legal proceedings.
7.4.
When procuring and/or maintaining domains, HQ GmbH acts solely as an intermediary between the customer and the respective domain allocation organization. HQ GmbH has no influence over domain allocation. HQ GmbH provides no guarantee that the domains applied for on behalf of the customer will be allocated at all and/or that allocated domains are free from third-party rights or will remain in existence permanently.
7.5.
The customer guarantees that the domain applied for does not infringe the rights of third parties. The customer shall indemnify HQ GmbH, its employees and vicarious agents, the respective organization responsible for allocating domains, and any other persons involved in registration against third-party claims for compensation and all expenses based on the customer's impermissible use of an internet domain or use with the customer's approval.
7.6
The customer warrants that the data provided is correct and complete. The customer undertakes to notify HQ GmbH immediately of any changes to the data provided and, upon corresponding request by HQ GmbH, to reconfirm its current accuracy within 15 days of receipt. This applies in particular to

the customer's name and postal address,
the name, postal address, email address, telephone number and fax number of the technical contact for the domain,
the name, postal address, email address, telephone number and fax number of the administrative contact for the domain, and
if the customer provides its own name servers: additionally, the IP addresses of the primary and secondary name servers, including the names of these servers.

7.7
The customer must retrieve messages received in the customer's email inboxes at regular intervals of no more than four weeks. HQ GmbH reserves the right to return personal messages received for the customer to the sender if the capacity limits provided for in the respective plans are exceeded.
7.8
The customer undertakes to keep strictly confidential passwords received from HQ GmbH for the purpose of accessing its services and to inform the provider immediately upon becoming aware that unauthorized third parties know the password. If, due to the customer's fault, third parties use HQ GmbH services by misusing passwords, the customer shall be liable to HQ GmbH for usage fees and damages. The customer is advised that it is the customer's responsibility to perform a data backup after each working day on which the data set has been changed by the customer or its agents or assistants, whereby data stored on HQ GmbH's servers may not be backed up on those same servers. In particular, the customer must perform a complete data backup before HQ GmbH begins any work or before installation of supplied hardware or software. In addition, the customer must thoroughly test every program for freedom from defects and suitability for the customer's specific situation before beginning operational use of the program. This also applies to programs received from HQ GmbH as part of warranty and maintenance. The customer is expressly advised that even minor changes to the software can affect the operability of the entire system.
7.9
The customer undertakes not to send or have sent any emails containing advertising without the express consent of the respective recipient. This applies in particular where the emails concerned are distributed in bulk with identical content (so-called "spamming"). If the customer breaches the aforementioned obligation, HQ GmbH is entitled to block the plan immediately for a fee.

8.1
The customer is obliged to identify content on the customer's internet pages, shop offerings, etc. as the customer's own content, stating the customer's full name and address. The customer is advised that additional statutory identification obligations may apply, for example where telemedia or media services are offered on the internet pages. The customer shall indemnify HQ GmbH against all claims based on a breach of the aforementioned obligations.
8.2
The customer may not, through the internet presence, banners displayed there, the designation of the customer's email address, or the content of the customer's internet shop, violate statutory prohibitions, public morals, or third-party rights (trademark rights, rights to names, copyrights, data protection rights, etc.). In particular, the customer undertakes to offer or have offered pornographic content and profit-oriented services only if the pornographic and/or erotic content (e.g. nude images, peep shows, etc.) does not violate applicable German law. The customer may not register the internet presence with search engines if, through the use of keywords in the registration, the customer violates statutory prohibitions, public morals or third-party rights. For each case of violation of one of the foregoing obligations, the customer undertakes to pay HQ GmbH, excluding the doctrine of a continuing violation, a contractual penalty of EUR 5,500.00 (in words: five thousand five hundred euros).
8.3
Download directories are not permitted on webspace packages without traffic billing. Photo-album-like image archives are excluded from this provided that the images contained therein are not offered commercially for download. Articles affected by this are clearly marked in their description with the addition "FairUse".
8.4
removed – newly regulated by 8.6 due to the Digital Services Act (DSA)
8.5
For packages that include SSH access, the customer is responsible for proper handling of the access. It is not permitted to install scripts that may affect server stability or place an excessive load on the servers.
It is also not permitted to have a script establish more than one external connection (e.g. through BNC/Eggdrop). For installed scripts, the customer alone is responsible for their use in accordance with applicable laws. HQ GmbH assumes no warranty for the operation/availability of these scripts. If server stability is impaired, HQ GmbH is entitled to deactivate scripts in use without prior notice. The following are generally not permitted in shared hosting: game servers, file-sharing clients, file-sharing servers, IRC servers, IRC services (beyond the one permitted connection).
8.6
Content, Content Moderation and Measures under the DSA
(1) Content prohibitions: The customer may not, through the internet presence, banners displayed there, the designation of the customer's email address, or the content of the customer's internet shop, violate statutory prohibitions, public morals or third-party rights (trademark rights, rights to names, copyrights, data protection rights, etc.). In particular, the customer undertakes to offer or have offered pornographic content and profit-oriented services only if these do not violate applicable law. The customer may not register the internet presence with search engines if, through the use of keywords, the customer violates statutory prohibitions, public morals or third-party rights.
(2) Content moderation procedure: If we receive notices of a potential violation of paragraph 1 through our electronic notice procedure (pursuant to Art. 16 DSA) or by other means, the reported content or affected web presence will be reviewed by qualified personnel. Automated decision-making or the use of algorithmic filters to detect and moderate content does not take place.
(3) Possible measures in the event of violations: If the customer's content violates paragraph 1 or if we have official orders from authorities, we are entitled, depending on the severity and culpability of the violation, to take the following measures:
– Temporary or permanent blocking of access to individual content, directories or accounts.
– Temporary or permanent deactivation of the customer's entire internet presence.
– Ordinary termination or termination without notice of the hosting contract.
(4) Statement of reasons and complaint procedure: In the event of a measure under paragraph 3, we will immediately send the customer a clear and specific statement of reasons by email (Art. 17 DSA). From the time of the decision, our internal, free-of-charge complaint management system is available to the customer for a period of six months (Art. 20 DSA). Complaints may be submitted via the contact channels specified on our DSA information page. Details of this procedure are available on our website.
(5) Contractual penalty: For each culpable breach of the obligations under paragraph 1, the customer undertakes to pay an appropriate contractual penalty. Its amount shall be determined by HQ GmbH at its reasonable discretion and, in the event of a dispute, shall be reviewed for appropriateness by the competent court.

9.1.
Each order placed constitutes a copyright work contract aimed at granting rights of use in the work performed.
9.2.
All drafts, final artwork, sketches, etc. are subject to the German Copyright Act. The provisions of the German Copyright Act apply between the contracting parties even if the required conditions for protection are not met in an individual case. HQ GmbH (or the graphic designer acting accordingly on behalf of HQ GmbH) is therefore entitled in particular to the copyright claims under §§ 97 et seq. UrhG.
9.3.
The drafts and final artwork may not be altered, either in the original or in reproduction, without the express consent of HQ GmbH (or the graphic designer who acted accordingly on behalf of HQ GmbH). Any imitation, including of parts, is prohibited. A breach of these provisions entitles HQ GmbH to demand a contractual penalty equal to twice the agreed remuneration.
9.4.
HQ GmbH transfers to the client the rights of use required for the respective purpose. Unless otherwise agreed, only a non-exclusive right of use is transferred in each case. Any transfer of the rights of use by the client to third parties requires a prior written agreement between the client and HQ GmbH.
9.5.
The rights of use pass to the client only after the remuneration has been paid in full.
9.6.
HQ GmbH has the right to be named as the author on copies or in publications concerning the product (e.g. website imprint, press reports, etc.). A violation of the right to attribution entitles HQ GmbH to damages in the amount customary in the industry (collective agreement for design services SDSt/AGD, latest version).
However, unless HQ GmbH explicitly requests attribution from the client after acceptance of the design, HQ GmbH tacitly waives this right and the corresponding claims for damages.
9.7.
Suggestions and instructions from the client or the client's employees and representatives have no influence on the amount of remuneration. They do not establish joint authorship.
9.8.
HQ GmbH creates an individual, new design for each order. However, typical design styles (e.g. fonts) or individual graphic elements (e.g. certain photos or clip art) are necessarily used repeatedly by HQ GmbH in processing orders, so the client expressly cannot acquire exclusive rights to them, even after acquiring a right of use in a graphic created by HQ GmbH (or its graphic designers).
9.9.
The design elements and graphics used for the design, such as photos, clip art, etc., are predominantly taken from graphic collections of well-known image agencies or publishers that may be used royalty-free.
As a result, it cannot of course be ruled out that individual graphics used by HQ GmbH for an order may also be used by other users of these collections. No claims whatsoever may be asserted against HQ GmbH as a result. We also expressly reserve the right to multiple use where permitted by the license terms. Naturally, "exclusive" material may also be used, but the necessary license fee must then be paid separately. By placing the order, the client expressly acknowledges these points.
9.10.
The design proposals created by HQ GmbH may be used by the client only for viewing and review purposes. Use on a homepage, within banner exchange programs or for similar purposes such as advertising activities is expressly prohibited. If the samples are nevertheless used without acquisition of a right of use, HQ GmbH is entitled to damages equal to twice the list price or offer price.

10.1.
The remuneration is due upon acceptance of the service. After acceptance by the client, HQ GmbH issues a corresponding invoice, which, unless otherwise agreed in writing, is payable without deduction within 8 days of the invoice date.
10.2.
Acceptance must take place within a normal period (as a rule, we assume a maximum of one working week, i.e. 5 working days). If acceptance has still not been given by the client, even after a reminder by HQ GmbH, within a maximum of 10 working days after transmission of the design, the design is deemed accepted and will be invoiced.
Failure to accept our second design, in conjunction with withdrawal from the order, does not release the client from the binding order placed; i.e. HQ GmbH retains its claim to remuneration for work already begun/performed and its right to damages for non-performance.
10.3.
In the event of payment default, HQ GmbH may demand default interest of 6% above the applicable base interest rate of the European Central Bank per annum. The right to assert proven higher damages remains unaffected, as does the client's right to prove a lower charge in an individual case.
10.4
HQ GmbH is entitled to increase fees no more than once per quarter. The price increase requires the customer's consent. Consent is deemed granted unless the customer objects to the price increase within 4 weeks after receipt of the notice of change. HQ GmbH undertakes to inform the customer in the notice of change of the consequences of failing to object. The prices are fixed prices. Insofar as the principal performance obligation, i.e. the obligation to pay the usage-independent basic fee, is not affected, HQ GmbH determines the fees by the current price list at its reasonable discretion. In the event of default, HQ GmbH charges interest at ten percent per annum and is entitled, after prior notice, to block the customer's internet presences, including those of the reseller's customer, for a fee. The statutory default interest rate is in every case the minimum interest rate.
10.5
HQ GmbH is entitled to activate a domain only after payment of the fees agreed for registration.
10.6
The customer may set off claims against our claims only with undisputed claims or claims established by final judgment.

The agreed remuneration is due strictly net without deductions within 8 days of the invoice date in accordance with the applicable price list, individual offers submitted, or written special agreements made.

Only rights of use are granted in drafts and final artwork; ownership rights are not transferred.

13.1.
HQ GmbH undertakes to carry out the order with the greatest possible care, including in particular the careful handling of templates, documents, samples, etc. entrusted to it.
13.2.
In the event of defective performance, HQ GmbH undertakes, at its own option, to remedy the defect free of charge.
13.3.
If remediation fails (e.g. due to impossibility), the client may not assert a claim for damages except in cases of intent or gross negligence, but may only demand a reduction in the purchase price or, in the event of impossibility, rescission of the purchase contract.

All further claims, irrespective of their legal basis, are excluded, in particular claims for compensation for damages not incurred to the service performed itself, except in cases of intent or gross negligence. Otherwise, HQ GmbH shall be liable for breach of ancillary obligations or tort only in cases of intent or gross negligence.

15.1.
HQ GmbH is not obliged to hand over to the client files or layouts created on a computer. If the client wishes to receive computer data (e.g. original Photoshop files), this must be agreed and remunerated separately.
15.2.
If HQ GmbH has provided the client with original computer files, these may be modified only with HQ GmbH's prior consent.

16.1
HQ GmbH collects, processes and uses a customer's personal data without further consent only insofar as this is necessary for establishing and processing the contract and for billing purposes.
16.2
HQ GmbH expressly informs the customer that, given the current state of technology, comprehensive data protection cannot be guaranteed for data transmissions over open networks such as the internet. The customer is aware that, from a technical perspective, the provider may at any time inspect the website offering stored on the web server and, under certain circumstances, other customer data stored there. Other internet users may also, under certain circumstances, be technically capable of interfering with network security without authorization and monitoring communications. The customer bears full responsibility for the security and backup of data transmitted by the customer over the internet and stored on web servers.

17.1.
The client agrees that we may, where required, display graphics, websites, etc. created for the client as a "reference" in our public galleries on our homepage or use them in other advertising materials as evidence of our work. The client also agrees that the client's company name, where applicable with URL, may be included in our customer list, which is likewise used for advertising purposes. Naturally, this provision does not apply to projects that we carry out for agencies acting as resellers and requesting anonymity or customer protection from HQ GmbH.
17.2.
The client agrees that personal data received by us in the course of the business relationship may be stored, automatically processed and evaluated in our IT system. The data will be used only for internal purposes and will not be disclosed to third parties.
17.3.
Unless otherwise stated in the order confirmation, the place of performance is the registered office of HQ GmbH.
17.4.
The law of the Federal Republic of Germany applies.
17.5.
The place of jurisdiction is Greiz if the client is a registered merchant, a legal entity under public law or a special fund under public law. In this case, however, we are also entitled to bring an action at the client's principal place of business.
17.6.
Should any of these provisions be invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall, where possible, be replaced by valid provisions that come closest to the intended economic purpose.

(Version 06/2026, D-07955 Auma-Weidatal)