Terms of Service

These Terms govern the provision of design, development, SEO and maintenance services by LEXERNO. By commissioning our services, you agree to these Terms.

Scope and Definitions

We provide professional web design and development, related SEO, and maintenance services as agreed in the proposal or statement of work (SOW). Our offering is primarily directed at businesses (§ 14 BGB).

Services and Cooperation

Client will provide timely content, feedback and required access. Delays in client inputs may shift timelines.

Leasing – Ownership and Usage

During leasing, all IP rights remain with LEXERNO. The client receives a non‑exclusive, non‑transferable right to use the website for the term. Upon termination or payment default, usage rights end unless otherwise agreed.

Purchase Option

You may purchase the website later with payback up to 50% of past rental payments. Final price = one‑time price + (hosting/maintenance × months) − payback. Third‑party items may be excluded; see Terms.

Deliverables and Acceptance

Project deliverables will be reviewed upon handover.

Monthly Changes Scope

Each leasing plan includes a limited number of monthly content changes (e.g., text/image replacements). Functional or design changes beyond this scope, new pages, or third‑party integrations are quoted separately. Typical lead time per change is communicated in advance.

Payment Terms (50/50)

  • For one‑time purchases, payment is due in two equal installments: 50% upon project start and 50% upon final delivery and acceptance.
  • Each installment is due within 14 days of invoice.
  • In case of late payment, we may charge statutory default interest pursuant to § 288 BGB and suspend work until payment is received.

All prices are in EUR. No VAT is charged pursuant to § 19 UStG (small business regulation).

Change Requests

Changes beyond the agreed scope will be quoted separately. Minor adjustments during acceptance are included at our discretion.

Timeline and Commencement

The project timeline starts only after we receive all required materials from the client in full (texts, images, access data, etc.). Any delay in delivery may affect implementation and delivery dates.

SLA and Maintenance

If booked, maintenance includes updates, backups and small fixes. Typical targets:

  • Service availability target e.g., 99.5%/month (excluding provider/network outages and planned maintenance).
  • Response time target e.g., within 24h on business days; critical incidents prioritized.
  • Planned maintenance may occur during low‑traffic windows and will be announced when feasible.
  • Exclusions include third‑party outages, force majeure, and issues caused by client changes or access restrictions.

Acceptance Procedure

After delivery, the client reviews the deliverables. Unless substantiated defects are reported within the specified period (e.g., 7 days), acceptance is deemed granted. One to two revision rounds are included unless otherwise stated.

Intellectual Property and Usage Rights

Upon full payment for one‑time purchases, client receives exclusive, transferable usage rights to the final deliverables (except third‑party components under their licenses). We may showcase non‑confidential work outcomes in our portfolio and marketing unless expressly objected to in writing.

Warranty and Defects

We provide a 12-month warranty for reproducible defects from delivery date. Warranty is excluded for issues caused by third‑party services, client systems, or unauthorized modifications.

Liability

We are liable without limitation for intent and gross negligence. For simple negligence, liability applies only for breach of material contractual obligations and is limited to foreseeable, typical damages. Statutory liability remains unaffected.

Payment Default and Suspension

In case of payment default, we may suspend services and access after prior notice. Reactivation may require settlement of outstanding amounts and a reasonable reactivation fee where applicable.

Term and Termination

Leasing plans renew per the selected term unless terminated with 30 days notice. Either party may terminate for cause, e.g., material breach or persistent non‑payment.

Hosting, CDN and Third Parties

We rely on third‑party providers for hosting/CDN. Downtimes due to provider/network outages and planned maintenance are excluded from SLA targets. Providers may be changed with reasonable notice.

Content and Legal Compliance

The client is responsible for all provided content (texts, images, trademarks) and for legal compliance (e.g., imprint, privacy, industry rules). We do not provide legal advice and only implement content provided/approved by the client.

Confidentiality

Both parties will keep trade secrets and confidential information strictly confidential.

Data Protection

We process personal data as described in our Privacy Policy.

Data Processing Agreement (DPA)

If we process personal data on your behalf, a separate DPA can be concluded upon request. Our standard DPA is available upon request.

SEO Disclaimer

We do not guarantee search rankings, traffic, or conversions. We exercise reasonable professional care and best practices available at the time of implementation.

Governing Law

These Terms are governed by the laws of Germany, excluding its conflict of laws rules. Mandatory consumer protections remain unaffected where applicable.

Language Priority

In case of discrepancies between translations of these Terms, the German version prevails.

Force Majeure

We are not liable for delays or non‑performance caused by events beyond reasonable control (e.g., outages, force majeure, strikes). Deadlines are extended by the duration of the impediment plus a reasonable restart period.

Price and Terms Changes

We reserve the right to adjust monthly service prices and update these Terms. Changes will be announced with reasonable prior notice. If you do not agree, you may terminate the agreement before changes take effect.

Place of Jurisdiction

To the extent permitted by law, place of jurisdiction and performance is our business seat. Mandatory consumer protection remains unaffected where applicable.

Final Provisions

If any provision is or becomes invalid, the remaining provisions remain in effect. Changes and additions require text form.

Provider

Provider details are listed below.

LEXERNO, Einzelunternehmen
Voltastr 7
14482 Potsdam
Deutschland

E-Mail: contact@lexerno.com

Terms of Service | LEXERNO Digital Agency