Terms.

These General Terms and Conditions (the “Terms”) apply to all contracts between Wibify, owner Kerim Bilin, Weidenstraße 58, 46395 Bocholt (the “Contractor”), and its clients (the “Client”). They apply exclusively. Conflicting or deviating terms of the Client are not recognised unless the Contractor has expressly agreed to their application in writing.

These Terms also apply to all future transactions between the parties without requiring renewed incorporation.

Offers made by the Contractor are non-binding unless expressly identified as binding. A contract is formed by the Contractor’s written order confirmation or by commencement of the services.

Oral ancillary agreements require written confirmation to be effective. Changes, additions and ancillary agreements must be made in text form. Email satisfies this requirement.

The specific scope of services is defined in the project proposal. Typical services include:

Websites

Concept, design and development of marketing sites, landing pages and corporate websites.

Branding

Logos, visual identities, design systems and brand guidelines.

Software

Web apps, dashboards, APIs, SaaS platforms and internal tools.

Mobile apps

iOS, Android and cross-platform applications.

Services exceeding the agreed scope are billed separately based on effort. Change requests made during delivery may result in adjustments to deadlines and prices.

All prices are exclusive of statutory VAT. The remuneration stated in the proposal is authoritative. Unless otherwise agreed, the following applies:

Deposit

50% upon order confirmation.

Interim invoice

Upon reaching agreed milestones.

Final invoice

Following acceptance of all services.

Payment term

14 days net from the invoice date.

In the event of late payment, statutory default interest will be charged. The Contractor reserves the right to claim further damages.

The Client must provide the Contractor with all information, content (including text, images and logos), access credentials and materials required to perform the services in good time and in a suitable form.

The Client warrants that it holds all necessary rights to the supplied content, in particular copyright, trademark and personal rights, and that the Contractor may use this content within the scope of the project.

Delays caused by late or incomplete cooperation by the Client are not attributable to the Contractor and may lead to adjustments to deadlines and prices.

Dates and deadlines are binding only if expressly agreed as binding in writing. For non-binding dates, a reasonable grace period of at least four weeks must be granted.

Force majeure and unforeseeable events beyond the Contractor’s control, such as prolonged illness, strikes or third-party server outages, extend delivery deadlines accordingly.

The Client must inspect the completed services without undue delay and declare acceptance in writing or through productive use. Acceptance is deemed to have occurred no later than 14 days after notification of completion if the Client has not reported any material defects in writing by that time.

Immaterial defects do not entitle the Client to refuse acceptance. They must be remedied within the scope of the warranty obligation.

Upon full payment of the agreed remuneration, the Contractor grants the Client the exclusive right to use the works created under the project without limitation in time or territory, restricted to the agreed purpose of use.

The Contractor retains the right to use the delivered services for its own marketing, including portfolios, case studies and social media, unless expressly agreed otherwise.

Open-source components, frameworks and standard software remain subject to the respective licence terms of their rights holders.

The Contractor warrants contractual performance of its services for 12 months from acceptance. In the event of a justified complaint, supplementary performance will first be provided by remedying the defect or producing the work again, at the Contractor’s discretion.

If supplementary performance fails twice, the Client may request a reduction in remuneration or withdraw from the contract. Claims for damages are governed by Section 10.

The Contractor has unlimited liability for intent and gross negligence and for damage resulting from injury to life, body or health.

In cases of ordinary negligence, the Contractor is liable only for breach of material contractual obligations and only up to the amount of damage typical for the contract and reasonably foreseeable.

Liability for loss of profit, indirect damage, data loss and consequential damage is excluded to the extent permitted by law.

Project contracts end when the agreed services have been fully performed and accepted. Unless otherwise agreed, maintenance or hosting contracts run for an indefinite period and may be terminated ordinarily by either party with three months’ notice to the end of a calendar quarter.

The right to terminate for good cause remains unaffected. Notice of termination must be given in text form.

The law of the Federal Republic of Germany applies exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods. The place of performance and exclusive place of jurisdiction for all disputes arising from the contractual relationship is Bocholt, provided the Client is a merchant, a legal entity under public law or a special fund under public law.

If any provision of these Terms is or becomes invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the applicable statutory provision.

These Terms are current as of May 2026. The Contractor reserves the right to amend them. The latest version is available at wibify.de/en/terms.