Terms & Conditions

01Scope & definitions

These General Terms and Conditions (GTC) apply to all contracts concluded via the PixAgentur Shop online shop between the operator (Sven Gauditz, PixAgentur, Ringstr. 3, 24321 Behrensdorf, Germany, hallo@pixagentur.com – hereinafter “operator” or “we”) and you as a customer. The subject matter includes in particular software subscriptions (SaaS), licenses for self-hosted operation, paid add-on modules and services such as web design, hosting, server monitoring and digital/AI consulting. The version valid at the time the contract is concluded shall apply.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its trade, business or profession when concluding the legal transaction (§ 14 BGB). Our offering is aimed predominantly at entrepreneurs; individual services may also be booked by consumers.

Deviating, conflicting or supplementary terms of the customer shall only become part of the contract if we have expressly agreed to their validity.

02Contracting party

The operator develops and performs all services offered on PixAgentur Shop in its own name and is your sole contracting party for purchase, invoicing and payment processing. A contract for a service is concluded exclusively between you and the operator; PixAgentur Shop is not a marketplace for offerings from independent third parties.

03Registration & customer account

A customer account is required to purchase services. When registering, you must provide truthful and complete information. Access data must be kept confidential and protected against access by third parties. There is no entitlement to the creation of an account.

04Conclusion of the contract

The presentation of services in the online shop does not constitute a legally binding offer but a non-binding invitation to order. By clicking the order button at checkout, you submit a binding offer to purchase the services in your shopping cart. Before submitting, you can review and correct your entries at any time.

The contract is concluded when we accept the order – at the latest by providing the service or the license key or by the order/payment confirmation. For individual offers (e.g. web design projects, consulting services), the contract may instead be concluded by accepting a payment link sent to you. The contract language is German or English. We store the order data and the invoice; they can be accessed via your customer account. You can view and save these GTC at any time on this page; a confirmation of your order is additionally sent to you on a durable medium.

05Description of services

• Software subscription (SaaS): provision of the industry-specific business/CRM software as an instance hosted by us and operated under the customer’s white label, including hosting, operation and the updates included in the booked plan.
• License for self-hosted operation: grant of a right to use the software for operation on the customer’s own or independently chosen infrastructure, in accordance with the separate Licensing Terms.
• Add-on modules: paid, optional extensions of the software (e.g. customer portal, agency package, field-service package), bookable in addition to a subscription or license.
• Services: web design as a one-off project, hosting on a subscription basis, server monitoring on a subscription basis, and digital/AI consulting, each according to the scope of services agreed in the individual case.
• Individual offers: for deviating scopes of service or special pricing, we prepare individual quotes; the contract is then concluded by payment via a payment link sent to you.

The exact scope of services, included activations or user seats and any additional costs are set out on the respective product or offer page at the time of the order.

06Term, automatic renewal & cancellation

Subscriptions (software, hosting, server monitoring) are billed either monthly or annually and run for an indefinite period. They renew automatically for the respective chosen term (month or year) unless cancelled in good time before the end of the current billing period. One-off services (e.g. web design projects, purchased self-hosted licenses) end upon full performance or provision.

A subscription can be cancelled at any time with effect to the end of the current billing period, informally by e-mail to hallo@pixagentur.com or – where provided in the customer account – via the cancellation function there. For consumer contracts concluded electronically via this website, we provide an easily accessible cancellation option available at all times pursuant to § 312k BGB; we confirm receipt of your cancellation to you without undue delay in text form.

For contracts with consumers, the initial term is limited to a maximum of two years; automatic renewal takes place for a maximum of one year at a time, and the notice period is at most one month before the end of the respective contract term (§ 309 no. 9 BGB). The right to extraordinary termination for good cause remains unaffected for both parties, in particular in the event of significant payment default or serious breaches of these GTC.

07Prices & payment

All prices are quoted in euros. Towards entrepreneurs, package prices are generally stated net, plus the statutory value-added tax applicable at the time (currently 19 %), which is shown separately on the invoice. Towards consumers, we state the total price including value-added tax. The price stated on the product or offer page at the time of the order is decisive.

Payment is made via the payment service provider Stripe (including credit/debit card, SEPA direct debit and other methods offered during the order process). For subscriptions, the amount due is automatically charged to the stored means of payment at the start of each billing period. The purchase price for one-off services is due for payment immediately upon conclusion of the contract, unless otherwise agreed. We provide the invoice electronically; by making the purchase, you consent to the electronic transmission of the invoice.

08Provision of digital products & services

Software subscriptions, licenses and add-on modules are digital products or digital services within the meaning of §§ 327 et seq. BGB that are not delivered on a physical medium. After successful payment, we provide you with the booked instance, the purchased module or the license key – usually immediately, but at the latest within the period stated on the product page. For services such as web design, server monitoring or consulting, the delivery date is governed by the individual agreement.

09Grant of license

With the purchase of a subscription or a license, you receive a simple, non-exclusive and non-transferable right to use the software within the scope of the chosen model. The details – in particular the scope of the right of use for subscriptions vs. purchased licenses, activation binding, update and support periods, and permitted and prohibited use – are governed by the separate Licensing Terms, which apply in addition to these GTC.

10Right of withdrawal for consumers

Withdrawal instructions

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded. To exercise your right of withdrawal, you must inform us (Sven Gauditz, PixAgentur, Ringstr. 3, 24321 Behrensdorf, Germany, hallo@pixagentur.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal. If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal. For this repayment we use the same means of payment that you used, unless expressly agreed otherwise; in no case will you be charged any fees for this repayment. If you have requested that the performance of the service should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the service already provided up to your withdrawal (§ 357 (8) BGB).

Early expiry. The right of withdrawal expires early in the case of a contract for the supply of digital content not delivered on a physical medium if we have begun performance after you have expressly consented to us beginning performance before the end of the withdrawal period and you have confirmed your awareness that you thereby lose your right of withdrawal (§ 356 (5) BGB). In the case of a contract for the provision of a service, it expires accordingly if we have fully performed the service and only began performance after your express consent and confirmation of this awareness (§ 356 (4) BGB).

Model withdrawal form

(If you want to withdraw from the contract, please complete and return this form.)

To: Sven Gauditz, PixAgentur, Ringstr. 3, 24321 Behrensdorf, Germany, hallo@pixagentur.com

I/we hereby withdraw from the contract concluded by me/us for the purchase of the following service: …
Ordered on / received on: …
Name of consumer(s): …
Address of consumer(s): …
Date, signature (only for notification on paper): …

11Updates & maintenance

Within a subscription, ongoing software updates are part of the service. For purchased licenses, we provide updates within the update window stated on the product page via the license interface. Towards consumers, the statutory update obligation for digital products under §§ 327 et seq. BGB, in particular § 327f BGB, remains unaffected: for the period that the consumer can reasonably expect given the nature and purpose of the software, we provide the updates required to maintain conformity (including security-relevant updates).

After the update window of a purchased license expires, you may continue to use the most recently obtained version; there is then no entitlement to free feature updates. Renewals can – where offered – be purchased for a fee.

12Warranty for defects

The statutory provisions on liability for defects apply, towards consumers in particular the provisions for digital products and digital services (§§ 327 et seq. BGB). If the software or a service is defective, you are entitled to subsequent performance; if this fails, the statutory rights to a price reduction or termination of the contract apply. A prerequisite for conformity is the intended use in a compatible, properly operated environment in accordance with the system requirements stated on the product page.

Towards entrepreneurs, the limitation period for claims for defects relating to the one-time supply of digital products is one year from provision, to the extent permitted by law; the statutory update obligation (§ 327f BGB) and the periods applicable to it remain unaffected. Towards consumers, the statutory limitation periods apply. Liability for intent and gross negligence as well as mandatory statutory liability remains unaffected.

13Liability

We are liable without limitation for damages resulting from injury to life, body or health, for intent and gross negligence and under the Product Liability Act. In the event of slightly negligent breach of a material contractual obligation (cardinal obligation), the fulfilment of which makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely, liability is limited to the typical, foreseeable damage.

Otherwise, liability for slight negligence is excluded. We recommend regularly creating your own backups of your customer and business data or – for self-hosted licenses – a backup of your installation; we are liable for data loss only insofar as it would also have occurred despite proper and regular backups.

Despite regular backups as part of our usual backup routine, a residual risk of data loss – for example in the event of a complete failure of a server or storage system or in cases of force majeure – cannot be fully excluded on technical grounds. Even in these cases, our liability for data loss is limited to the typical restoration effort that would have been incurred had you maintained proper and regular backups of your own. We therefore strongly recommend that you additionally export and back up business-critical data yourself at regular intervals. Liability for intent and gross negligence and under mandatory law remains unaffected.

14Availability

For software subscriptions hosted by us, we aim for an average availability of 99 % per year without owing any specific availability. Announced maintenance windows outside usual business hours as well as faults or circumstances beyond our control (e.g. outages at upstream providers) may lead to temporary restrictions and do not count as downtime. For the online shop and the license interface, we likewise endeavour to operate as uninterruptedly as possible without owing any specific availability.

We are not liable for disruptions, delays or outages caused by force majeure or by events beyond our reasonable control. These include, in particular, the partial or complete failure of servers, data centres, hardware, storage systems or network connections, power and telecommunications outages, cyber attacks (e.g. DDoS), malware, fire, water or natural events, strikes, official orders as well as disruptions, outages or discontinuations of service by upstream, hosting or payment service providers. For the duration of such an event we are released from the affected performance obligation; we take the measures reasonably available to us to restore operation and will inform you in the event of prolonged disruptions. There is no claim for damages due to the resulting unavailability; the above liability provisions (section “Liability”) remain unaffected.

15Cooperation & data backup

You are obliged to provide the information and cooperation required for the performance of the service (e.g. access data, content, approvals) in good time. For self-hosted licenses, operating the infrastructure and backing up data is your responsibility; for hosted subscriptions, we back up the database of the respective instance as part of our usual backup routine, but this does not replace your own archiving for purposes beyond the contract term.

16Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in the EU, mandatory consumer protection provisions of your country of residence remain unaffected. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the operator’s registered office; statutory exclusive places of jurisdiction remain unaffected.

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. We reserve the right to amend these GTC with effect for the future; we will inform registered customers of material changes in text form with reasonable notice. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG); further information can be found in the imprint.