Terms & Conditions

§1 Scope and Subject Matter

1. These Terms & Conditions apply to all contracts for the provision of web design services, software licensing, as well as hosting and maintenance (collectively "Website-as-a-Service" or "Subscription") between Delicious Webdesign (MOXAMO GROUP LTD) (hereinafter "Agency") and entrepreneurs, legal entities or other legal entities (hereinafter "Client").

2. Deviating or supplementary terms and conditions of the Client shall not become part of the contract unless the Agency expressly agrees to their validity in writing.

§2 Offer and Contract Conclusion

1. The presentation of services on the Agency's website does not constitute a legally binding offer but represents a non-binding online catalog.

2. A binding contract is only concluded when the Client accepts an individual offer prepared by the Agency by written or electronic declaration (email, digital signature) or the Agency begins performance after the order is placed.

§3 Type and Scope of Services (The €95 Subscription)

1. The scope of the basic subscription ("Fine Dining Plan") typically includes the conception, design, programming and hosting of a website with up to 5 sub-pages. The exact specifications are determined by the respective offer.

2. The subscription also includes technical maintenance (updates, security patches) as well as content change requests (replacement of texts, images or menus) within the customary, reasonable scope ("Fair Use Principle"). The Agency endeavors to implement such change requests within 48 hours on regular business days.

3. Expressly not included in the monthly flat rate are fundamental design relaunches, the creation of new complex functions (e.g. shop systems) or the writing of extensive SEO texts after the initial launch.

§4 Client's Cooperation Obligations

1. The Client is obligated to reasonably support the Agency in the provision of services. The Client shall provide the Agency in a timely manner with all materials, information and data required for the execution of the assignment (e.g. logos, photos, menus, legal texts) in a common digital format.

2. The Client ensures that they hold the necessary copyright, trademark and other usage rights to the provided materials. The Client indemnifies the Agency against all third-party claims based on a breach of this obligation.

§5 Remuneration and Payment Terms

1. The agreed monthly remuneration (e.g. €95.00) is net plus the applicable statutory VAT.

2. Billing takes place monthly in advance. The Client authorizes the Agency (or a payment service provider engaged by it, such as Stripe) to collect the due amounts by SEPA direct debit or credit card.

3. If the Client is in default of payment, the Agency is entitled to suspend further services and temporarily take the website offline until all outstanding claims are fully settled ("suspension"). The Client's payment obligation continues during the suspension.

§6 Contract Duration and Termination

1. Unless otherwise agreed, the contract for the "Website-as-a-Service" subscription is concluded for a minimum term of 12 months. The term begins with the provision of the final website under the Client's main domain (go-live).

2. After expiry of the minimum contract term, the contract is automatically extended for an indefinite period. From this point, it can be terminated by either party at any time with one (1) month notice to the end of the month.

3. The right to extraordinary termination for good cause remains unaffected. Good cause for the Agency exists in particular if the Client is in default of payment for two consecutive months.

4. Terminations require text form (e.g. email) to be effective.

§7 Copyright and Usage Rights

1. The Agency grants the Client a simple, non-transferable and non-sublicensable right of use to the layout, design and programming code of the created website for the duration of the contract term.

2. The Agency remains the sole owner of all copyrights to the website. Use of the website or parts of the website (in particular source code and specific design elements) after contract termination or by another web host is prohibited for the Client.

3. A "buy-out" (purchase) of the website architecture for independent hosting after contract termination is possible in principle. This requires a separate agreement and payment of an individually negotiated compensation.

4. The content provided by the Client (texts, images) naturally remains the Client's property at all times.

§8 Warranty and Liability

1. The Agency warrants that the website functions in accordance with the contract. However, 100% server availability cannot be technically guaranteed. Maintenance windows or outages caused by third parties (e.g. providers) do not constitute a defect.

2. The Agency is liable without limitation for intent and gross negligence. For simple negligence, the Agency is only liable for breach of material contractual obligations (cardinal obligations) whose fulfillment makes the proper execution of the contract possible in the first place. In this case, liability is limited to the foreseeable, contract-typical damage.

3. The Agency expressly does not undertake any legal review of the website (e.g. competition law admissibility, legal notice requirements, GDPR-compliant privacy policy). The Client is solely responsible for the legal protection of the content and documents.

§9 Reference Mention

The Agency is entitled to present the website created for the Client as a reference on its own website and social media channels, and to place a discreet note ("Webdesign by Delicious") in the footer of the Client's website, unless otherwise contractually agreed.

§10 Final Provisions

1. The law of the Republic of Cyprus shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless mandatory consumer protection or other provisions at the Client's place of residence require otherwise.

2. The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the Agency's registered office (Paphos, Cyprus), provided the Client is a merchant, a legal entity under public law, or a special fund under public law.

3. Should individual provisions of these Terms & Conditions be or become invalid, this shall not affect the validity of the remaining provisions.