General Terms and Conditions (GTC)
Last updated: 24 August 2026
1. Scope and contracting parties
These General Terms and Conditions (GTC) apply to all contracts for the website and hosting subscription concluded via the platform of SK DIGITAL WORKS, owner Sergej Kalinin, Auf der Aeumes 3, 58636 Iserlohn, Germany (hereinafter the “Provider”).
The offer is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), i.e. natural or legal persons or partnerships with legal capacity who, when concluding the contract, act in the exercise of their commercial or independent professional activity. It is not directed at consumers within the meaning of Section 13 BGB. By placing an order, the customer confirms that they are acting as an entrepreneur.
Deviating, conflicting or supplementary terms and conditions of the customer do not become part of the contract unless the Provider expressly agrees to their validity in writing.
2. Subject matter and description of services
The subject matter of the contract is the provision of a website including hosting. The customer creates their website draft using the Provider's builder (selecting a layout and colour scheme, maintaining the content, optional additional modules depending on the chosen plan) and then commissions the paid provision.
The specific scope of services (chosen layout, colour scheme, plan and booked modules) results from the summary in the ordering process and from the contract information displayed there. The Provider may render services technically through a hosting service provider (currently IONOS).
The registration of a suitable domain (or the connection of an existing domain of the customer) and its alignment (DNS) to the server are handled by the Provider as part of the offer. A domain included in the offer is covered by the monthly fee unless agreed otherwise.
3. Conclusion of the contract
The presentation of the builder and the plans does not constitute a binding offer, but an invitation to place an order. By submitting the paid order at checkout, the customer makes a binding offer.
The contract is concluded when the Provider confirms the order or begins performance, at the latest upon activation of the website. Payment is processed via the payment service provider Stripe. A customer account with a confirmed email address is a prerequisite for placing an order.
4. Prices, payment and VAT
The prices displayed during the ordering process apply. The fee is a recurring monthly amount that covers the provision of the website including hosting in the chosen plan as well as booked modules.
In accordance with Section 19 of the German VAT Act (UStG, small-business regulation), no value added tax is charged or shown. The prices displayed are final prices.
Payment is made via a monthly subscription with Stripe Billing; the debit and payment status are processed via Stripe. The fee is due monthly in advance. If the customer defaults on payment, the Provider is entitled to temporarily deactivate the website after prior notice until the outstanding amount has been settled.
5. Provision and activation
The website initially remains inactive after purchase. Activation takes place after successful payment and after the setup of domain/DNS, server (IIS) and SSL certificate. The Provider endeavours to provide the service promptly once all necessary prerequisites and the customer's cooperation are in place.
The registration or connection of the domain and its DNS alignment to the server are handled by the Provider. If an existing domain of the customer is to be used, the customer cooperates by providing the access data or information required for this (see Section 6).
6. Customer's duties to cooperate
The customer provides the content required for the website (texts, images, logos and other data) and is responsible for its accuracy, currency and legality. The customer warrants that they hold the necessary usage and exploitation rights to the content provided and that the content does not violate applicable law or the rights of third parties.
The customer is obliged to provide the cooperation required for operation (e.g. approvals, provision of access data for an existing domain) in good time. Delays resulting from omitted or late cooperation are not to the Provider's detriment.
7. Term and termination
The subscription runs on a monthly basis; no fixed minimum contract term is provided. The contract may be terminated at any time. The termination takes effect at the end of the billing period already paid for; there is no pro-rata refund of amounts already paid for the current period.
Once the termination takes effect, the website is deactivated at the end of the paid period. The domain used for the website remains unaffected; it can stay with the current holder or, on request, be transferred to the customer. The right to extraordinary termination for good cause remains unaffected for both parties. Terminations must be made in text form (e.g. by email).
8. Responsibility for the customer's content
The customer is responsible for the content published on the website and for compliance with the statutory obligations applicable to the customer (in particular the customer website's own legal notice and privacy policy). The customer indemnifies the Provider against third-party claims based on an unlawful use of the services or on content provided by the customer, insofar as the customer is responsible for the infringement.
9. Availability and maintenance
The Provider endeavours to keep the website as available as possible but does not owe uninterrupted accessibility. Temporary restrictions may arise in particular from maintenance work, technical faults at the hosting service provider or circumstances beyond the Provider's control (force majeure). Where possible, the Provider will announce necessary maintenance work in good time and schedule it during off-peak periods.
10. Liability
The Provider is liable without limitation for damages arising from injury to life, body or health, as well as for damages based on intent or gross negligence, and further under the Product Liability Act and to the extent of a guarantee assumed.
In the case of simple negligence, the Provider is only liable for the breach of a material contractual obligation (cardinal obligation), the fulfilment of which is essential for the proper performance of the contract and on whose compliance the customer may regularly rely; in this case, liability is limited to the foreseeable damage typical for the contract. Any further liability is excluded.
The customer remains responsible for backing up their content and data. The Provider is liable for the loss of data only insofar as the loss could not have been avoided by proper, state-of-the-art data backup by the customer.
11. Data protection
The Provider processes personal data within the framework of applicable data protection laws. Details of the processing can be found in the privacy policy. Insofar as the Provider processes personal data on behalf of the customer (in particular visitor and form data of the customer website as well as technical access data), the data processing agreement pursuant to Article 28 GDPR in Annex 1 of these GTC applies in addition.
12. Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the Provider's place of business in Iserlohn. The Provider is also entitled to bring an action at the customer's general place of jurisdiction.
Amendments and supplements to the contract must be made in text form. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The Provider may amend these GTC with effect for the future and will inform the customer of material changes in good time.
Annex 1: Data Processing Agreement (Art. 28 GDPR)
Insofar as the Provider processes personal data under the contract for which the customer is the controller under data protection law (in particular visitor and form data of the customer website as well as technical access data/server log files), the following data processing agreement pursuant to Art. 28 GDPR applies in addition. It forms part of these GTC. The customer is the controller, the Provider is the processor.
1. Subject matter, nature, purpose and duration: The subject matter is the provision, hosting and technical operation of the customer website. The purpose of the processing is the contractual provision of the website including contact and reservation functions. Processing takes place for the duration of the main contract.
2. Type of data and categories of data subjects: Processed data includes in particular master and contact data (e.g. name, email, phone number, message content), reservation data and technical access data (e.g. IP address, time, page requested). Data subjects are in particular visitors, prospects and customers of the controller.
3. Bound by instructions: The Provider processes the data exclusively on the documented instructions of the controller and not for its own purposes. The provisions of this agreement are deemed instructions; any further instructions are given by the controller in text form.
4. Confidentiality: The Provider only uses persons for the processing who are committed to confidentiality or are subject to an appropriate statutory duty of confidentiality.
5. Technical and organisational measures: The Provider takes appropriate technical and organisational measures pursuant to Art. 32 GDPR (including TLS/SSL encryption, restriction of access to authorised persons, regular backup and maintenance of the systems) to ensure a level of protection appropriate to the risk.
6. Sub-processors: The controller grants general authorisation for the use of sub-processors. In particular, IONOS SE is used as the hosting and server provider. The Provider obliges sub-processors to an essentially equivalent level of data protection. The Provider will inform the controller in good time of intended changes to sub-processors; the controller may object for good cause.
7. Support: The Provider supports the controller, to a reasonable extent, in responding to requests from data subjects (Art. 12–23 GDPR) and in complying with the obligations under Art. 32–36 GDPR (data security, notification of data breaches, data protection impact assessment).
8. Notification of breaches: The Provider notifies the controller of personal data breaches without undue delay after becoming aware of them.
9. Deletion and return: After the end of the contract, the Provider deletes the personal data processed on behalf of the controller or returns it at the controller's choice, unless there is a statutory retention obligation.
10. Evidence and audits: The Provider makes available to the controller the information necessary to demonstrate compliance with these obligations and allows for reasonable reviews (including inspections) to an appropriate extent.
Provider
Sergej Kalinin / SK DIGITAL WORKS
Auf der Aeumes 3
58636 Iserlohn
Deutschland
Email: eingang@sk-digital-works.de