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TERMS & CONDITIONS

General Terms and Conditions (GTC)

for nagic.de

 

Effective as of: August 2026

 

1. Scope of Application

 

(1) These General Terms and Conditions apply to all contracts concluded between

 

Nadine Beckmann NAGIC Media

Kleinunternehmer
nagic.de
Hanielstr. 23a

45327 Essen
nadimagic@icloud.com

 

– hereinafter referred to as the “Provider” –

 

and the respective client – hereinafter referred to as the 

 

“Client” – concerning the services offered on nagic.de.

 

(2) The Provider’s services include, in particular:

  • conception, design and development of websites;

  • website creation and design using Wix, Shopify and comparable platforms;

  • landing pages;

  • creation and preparation of text, image, video and other content for websites and social media;

  • small-scale motion designs and animations;

  • creation of songs, music and other audio content;

  • creation of eBooks and digital publications;

  • presentations and presentation design;

  • consulting services;

  • creative concepts and content creation;

  • individually customized service packages and complete packages;

  • as well as comparable creative, digital and consulting services.

 

(3) The specific services owed by the Provider shall be determined exclusively by the respective individual offer. The Provider is only obligated to provide those services that are expressly described in the offer and accepted by the Client.

 

(4) Deviating agreements may be made in the respective offer or in a separate agreement. In the event of any conflict, individually agreed contractual provisions shall take precedence over these General Terms and Conditions.

 

2. Offers and Conclusion of Contract

 

(1) The services displayed on nagic.de do not constitute a binding offer to conclude a contract unless expressly stated otherwise.

 

(2) The Provider shall prepare an individual offer for the Client based on the Client’s requirements. Offers may be prepared and transmitted entirely in digital form.

 

(3) A contract shall be concluded once the Client expressly accepts the offer or accepts it in another form agreed between the parties.

 

(4) Acceptance may take place, in particular, by email, through a digital offer system or by another agreed electronic means.

 

(5) Offers are prepared individually based on the requirements communicated by the Client. Changes to the scope of services after acceptance of the offer may result in an adjustment of the agreed price and/or schedule.

 

3. Scope of Services

 

(1) The scope of services owed by the Provider shall be determined exclusively by the accepted offer, including any service descriptions contained therein.

 

(2) The Provider shall not be obligated to provide services that may be useful or desirable from the Client’s perspective but are not expressly included in the offer.

 

(3) Services that have not been expressly agreed upon, such as additional pages, additional content creation, additional design variations, additional revision rounds, technical extensions, additional animations, additional social media formats, additional presentation slides or other subsequent requests may be charged separately.

 

(4) The same applies to complete packages or service bundles. The Provider shall only be obligated to provide the services specifically described in the respective offer.

 

(5) In the case of consulting services, the Provider shall provide the agreed professional and/or creative advice but shall not guarantee a specific economic or other result unless expressly agreed otherwise.

 

4. Client’s Duty to Cooperate

 

(1) The Client shall provide the Provider with all information, content, access credentials, files, texts, images, logos, brand information and other materials required to perform the agreed services in a timely manner.

 

(2) The Client is responsible for ensuring that all materials provided by the Client are free from third-party rights or that the Client holds all necessary rights and licenses for their use.

 

(3) Delays caused by the Client’s failure to provide required information, materials, approvals or access credentials in a timely manner shall not be attributable to the Provider. Agreed completion or delivery dates may be extended accordingly.

 

(4) Unless otherwise agreed in the offer, the Provider may commence work only once the required information and materials and the agreed advance payment have been received.

 

5. Fees and Payment Terms

 

(1) The applicable fee shall be stated in the respective individual offer.

 

(2) Following acceptance of the offer, the Client shall pay an advance payment of 50% of the total agreed price within 14 days, unless otherwise agreed in the offer.

 

(3) The remaining 50% of the total agreed price shall become due upon completion of the agreed services or upon notification of completion by the Provider, unless otherwise agreed in the offer.

 

(4) Invoices shall generally be issued digitally and transmitted to the Client electronically.

 

(5) The Client shall pay all invoices within the payment period stated on the respective invoice.

 

(6) In the event of late payment, the statutory provisions shall apply. In particular, the Provider shall be entitled to temporarily suspend further performance until outstanding amounts have been paid.

 

(7) In the event of significant payment arrears, the Provider shall be entitled to suspend further work on the project until all outstanding amounts have been paid in full.

 

6. Ownership, Copyright and Usage Rights

 

(1) All creative and digital work results created by the Provider shall remain subject to the Provider’s ownership and rights until the agreed remuneration has been paid in full, insofar as legally permissible.

 

(2) Usage rights to the work results created by the Provider shall generally only be granted to the Client after full payment of all remuneration owed for the respective project, unless otherwise agreed in the respective offer.

 

(3) Until full payment has been received, the Client shall not be entitled to publish, reproduce, commercially exploit, distribute, sell, modify or otherwise use the unpaid work results, insofar as such restriction is legally permissible.

 

(4) Upon full payment, the Client shall receive the usage rights to the work results agreed upon in the offer. The scope, purpose, duration, territorial scope and exclusivity of such usage rights shall be determined by the offer. Unless otherwise agreed, the Client shall receive a non-exclusive right of use for the agreed purpose.

 

(5) Copyright in works created by the Provider shall remain with the Provider to the extent provided by law. Only the contractually agreed usage rights shall be granted or transferred to the Client.

 

(6) Raw files, source files, editable files, project files, working files or other internal working materials shall only be included in the scope of services if expressly agreed in the offer.

 

(7) For websites created using platforms such as Wix, Shopify or comparable third-party platforms, the respective terms of use and technical conditions of the relevant platform provider shall also apply.

 

(8) The Client shall not acquire ownership of or rights to software, templates, plugins, fonts, stock materials, music libraries, third-party assets or other materials subject to third-party rights unless expressly agreed otherwise. Where such materials are included in the services, the respective license terms of the relevant rights holder shall apply.

 

7. Rights to Materials Provided by the Client

 

(1) The Client warrants that they possess all rights required for the use and modification of materials provided by the Client.

 

(2) This applies in particular to texts, images, photographs, videos, music, logos, trademarks, graphics, fonts and other materials.

 

(3) The Client shall indemnify the Provider against third-party claims arising from the use or processing of materials provided by the Client in accordance with the contract, insofar as the Client is responsible for the infringement.

 

8. Revisions and Changes

 

(1) The number and scope of revisions included in the agreed price shall be specified in the respective offer.

 

(2) If the offer does not specify a particular number of revision rounds, reasonable and minor adjustments within the scope of the agreed services shall be included.

 

(3) Significant changes to the original concept, subsequent extensions of the scope of services or requests exceeding the originally agreed services may be charged separately.

 

(4) Where possible, the Provider shall inform the Client of the expected additional costs before carrying out additional chargeable services.

 

9. Acceptance, Inspection and Notification of Defects

 

(1) Where the agreed service constitutes a work product subject to acceptance, the work result shall be made available to the Client for inspection and acceptance.

 

(2) The Client shall inspect the work result promptly after its provision or delivery for visible defects and compliance with the agreed scope of services.

 

(3) Visible defects must be reported to the Provider in text form within 14 days of the provision or delivery of the service. The notification should describe the identified defect as specifically as possible so that the Provider can review it and, where applicable, remedy it.

 

(4) Hidden defects that could not reasonably have been detected during a proper inspection must be reported to the Provider in text form within 14 days after their discovery.

 

(5) The Client’s statutory rights regarding defects shall remain unaffected. The above deadlines are intended in particular to ensure prompt inspection and notification of defects and shall not exclude statutory claims where such exclusion is legally impermissible.

 

(6) Where a justified notification of a defect has been made, the Provider shall initially be given a reasonable opportunity to inspect the defect and, where applicable, provide corrective performance.

 

(7) Publication or other productive use of a delivered work result shall not affect the Client’s statutory rights regarding defects.

 

10. Completion and Delivery

 

(1) Upon completion, the agreed work result shall be delivered digitally, published, made accessible or otherwise provided in the agreed manner.

 

(2) In the case of websites, delivery may take place, for example, by publication through the Client’s account, transfer of agreed access credentials or activation of the website.

 

(3) The Provider shall only be responsible for the technical and creative services expressly agreed in the offer. The Provider does not guarantee the availability, functionality or continued availability of third-party platforms, hosting providers, domains, plugins, apps, payment providers, social media platforms or comparable external services.

 

11. Changes to the Scope of Services and Additional Services

 

(1) Subsequent requests for changes or extensions by the Client may alter the originally agreed scope of services.

 

(2) Such additional services may be offered separately or charged on an hourly or flat-rate basis following prior agreement.

 

(3) Additional services may result in corresponding extensions to agreed completion or delivery dates.

 

12. Liability

 

(1) The Provider shall be liable without limitation for damages resulting from injury to life, body or health, as well as for damages caused intentionally or through gross negligence.

 

(2) In all other respects, the Provider shall be liable in accordance with applicable statutory law, insofar as mandatory statutory provisions apply.

 

(3) The Provider shall not be responsible for the accuracy, completeness or legal admissibility of content, information, materials or access credentials provided by the Client.

 

(4) In particular, the Provider shall not be liable for disruptions or failures of third-party services over which the Provider has no control, including Wix, Shopify, hosting providers, domain providers, social media platforms or other external services.

 

(5) The Provider does not guarantee that a website, landing page, social media presence, presentation, song, eBook or other service will generate a specific economic result, reach, number of customers, revenue or other commercial outcome unless such result has been expressly agreed.

 

13. Data Protection

 

(1) Personal data shall be processed in accordance with applicable data protection laws.

 

(2) Further information regarding the processing of personal data can be found in the Privacy Policy provided on nagic.de.

 

14. Portfolio and Reference Rights

 

(1) The Provider shall be entitled to use completed and publicly released work results for their own portfolio and reference purposes and to display such work on nagic.de, social media channels or comparable presentation platforms, provided that this does not conflict with the Client’s legitimate interests.

 

(2) Confidential or unpublished content shall not be published without the Client’s prior consent.

 

(3) The Client may agree individually with the Provider that the respective project shall not be used for portfolio or reference purposes.

 

15. Force Majeure and Unforeseeable Events

 

(1) Events beyond the Provider’s reasonable control, including technical failures, failures of third-party providers, force majeure, natural disasters, official measures or comparable events, may result in reasonable extensions of agreed deadlines.

 

(2) The Client’s statutory rights shall remain unaffected.

 

16. Cancellation and Early Termination

 

(1) Cancellation or termination of an order shall be governed by applicable statutory provisions and any individually agreed contractual terms.

 

(2) Services already performed, costs incurred and remuneration legally owed in the event of an early termination shall be settled in accordance with applicable statutory provisions.

 

(3) Work results that have already been created but have not yet been paid for in full may generally not be used by the Client, insofar as such restriction is legally permissible.

 

17. Small Business Regulation

 

The Provider applies the small business regulation pursuant to Section 19 of the German Value Added Tax Act (Umsatzsteuergesetz – UStG).

 

Accordingly, no VAT is charged on invoices, provided that the statutory requirements for application of the small business regulation are met.

 

18. Final Provisions

 

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), insofar as legally permissible.

 

(2) In contracts with consumers, mandatory statutory consumer protection provisions shall apply, in particular with regard to statutory withdrawal rights and statutory warranty rights.

 

(3) If any provision of these General Terms and Conditions is or becomes wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provision.

 

(4) Individual agreements between the Provider and the Client shall take precedence over these General Terms and Conditions.

 

Provider:
Nadine Beckmann NAGIC Media

Kleinunternehmer
nagic.de
Hanielstr. 23a

45327 Essen
nadimagic@icloud.com

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