Terms and Conditions
of Bavamont Limited, Reichenstr. 25, 87629 Füssen, Germany (hereinafter "Bavamont" or "Contractor")
§ 1 Scope
(1) These Terms and Conditions (hereinafter "T&C") apply to all contracts, deliveries, and other services between Bavamont and the respective customer (hereinafter "Customer") relating to agency services, in particular websites, software, digital marketing, SEO, print, media production, and events.
(2) Differing, conflicting, or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that Bavamont has expressly agreed to their validity in writing.
(3) These T&C apply to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB) as well as to consumers within the meaning of § 13 BGB. Where provisions apply exclusively to one of these groups, this is indicated.
§ 2 Conclusion of contract / offer and acceptance
(1) Offers from Bavamont are non-binding unless expressly designated as binding or contain a specific acceptance period.
(2) A contract is concluded by written order confirmation from Bavamont, by signature of an offer by the Customer, or by commencement of performance.
(3) There are no verbal side agreements. Amendments, supplements, or side agreements require text form (email is sufficient) to be effective.
§ 3 Scope of services
(1) The scope of the services to be provided by Bavamont is defined in the respective offer, order confirmation, or statement of work.
(2) Bavamont is entitled to have the services required to fulfil the contract performed in whole or in part by qualified third parties (subcontractors).
(3) Extensions or changes to the scope of services after conclusion of the contract require a separate agreement and will be remunerated separately.
§ 4 Customer obligations to cooperate
(1) The Customer shall provide Bavamont with all information, content, materials, accesses, and approvals required for the provision of services in good time, completely, and in a suitable form.
(2) The Customer shall designate a responsible contact person with decision-making authority.
(3) The Customer warrants that the content provided by the Customer (texts, images, logos, videos, data, etc.) is free from third-party rights or that the Customer has the necessary rights of use. The Customer shall indemnify Bavamont against any third-party claims arising from a breach of this obligation.
(4) Delays attributable to late or incomplete cooperation by the Customer shall not be at the expense of Bavamont and may lead to a reasonable postponement of deadlines as well as to an adjustment of remuneration.
§ 5 Remuneration and payment terms
(1) Remuneration is based on the respective offer or order confirmation. Unless a fixed fee is agreed, Bavamont's currently valid hourly or daily rates apply.
(2) All prices are exclusive of statutory value-added tax at the applicable rate.
(3) Unless otherwise agreed, invoices are due for payment within 14 days of the invoice date without deduction.
(4) For larger projects, Bavamont is entitled to issue down payments and partial invoices according to project progress.
(5) In the event of default in payment, Bavamont is entitled to charge default interest at the statutory rate and to assert further default damages.
(6) Travel expenses, disbursements, and costs for licences, stock material, domains, hosting, and third-party services will be invoiced separately according to expenditure unless expressly included in the fixed fee.
§ 6 Deadlines and delivery times
(1) Deadlines and dates are only binding if they have been expressly agreed in writing as binding.
(2) Delays due to force majeure and due to events that significantly impede or render impossible the provision of services by Bavamont (e.g. strike, official orders, failure of communication networks, pandemics) shall not be the responsibility of Bavamont, even in the case of bindingly agreed deadlines. They entitle Bavamont to postpone the service by the duration of the impediment plus a reasonable start-up period.
§ 7 Rights of use / copyrights
(1) The copyrights to all works created by Bavamont within the scope of the order (e.g. designs, layouts, texts, concepts, source code, graphics, videos) belong exclusively to Bavamont or the respective authors.
(2) The Customer receives the simple rights of use to the contractual work results required for the respective contractual purpose. Unless otherwise agreed, the rights of use are limited in time and space to the agreed purpose of use.
(3) The transfer of rights of use is subject to the suspensive condition of full payment of the agreed remuneration.
(4) Bavamont is entitled to use the work created for the Customer for self-promotion in references, portfolios, and competitions (online and offline), provided the Customer does not object for legitimate reasons.
§ 8 Warranty
(1) Bavamont warrants that the services rendered have the contractually agreed quality at the time of acceptance.
(2) Defects must be reported in text form without delay after their occurrence with a comprehensible description.
(3) Bavamont shall, at its own choice, provide warranty by way of rectification or replacement. If subsequent performance fails after a reasonable period and at least two attempts, the Customer may demand a reduction in the price within the statutory framework or withdraw from the contract.
(4) The warranty period vis-à-vis entrepreneurs is one year from acceptance, unless mandatory statutory provisions (e.g. § 438 (1) no. 2, § 634a (1) no. 2 BGB) prescribe a longer period. The statutory periods apply to consumers.
§ 9 Liability
(1) Bavamont is liable without limitation for intent and gross negligence, for damages arising from injury to life, body, or health, under the German Product Liability Act, and within the scope of any guarantee assumed by Bavamont.
(2) In the event of a slightly negligent breach of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely - so-called cardinal obligations), the liability of Bavamont is limited in amount to the damage typically foreseeable for the contract.
(3) Otherwise, liability of Bavamont for slight negligence is excluded.
(4) Liability for lost profits, indirect damages, consequential damages, and damages from data loss is excluded - except in the cases of paragraph 1 - to the extent permitted by law. The Customer is responsible for regular data backups.
§ 10 Confidentiality
(1) The contracting parties undertake to keep secret all confidential information of the other party that comes to their knowledge in the course of the business relationship (in particular trade and business secrets, customer data, technical concepts, source code) and to use it only for contractual purposes.
(2) The obligation of confidentiality continues to apply even after termination of the contractual relationship.
(3) Bavamont is entitled to involve employees and subcontractors for the fulfilment of contractual obligations, provided that they are bound to confidentiality to the same extent.
§ 11 Data protection
(1) Bavamont processes personal data of the Customer in accordance with statutory provisions, in particular the GDPR and the German Federal Data Protection Act (BDSG). Details of processing can be found in our Privacy Policy.
(2) Insofar as Bavamont processes personal data on behalf of the Customer within the scope of the order, the parties shall conclude a separate data processing agreement (DPA) pursuant to Art. 28 GDPR.
§ 12 Final provisions
(1) The place of performance for all services is Füssen, Germany.
(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Füssen. However, Bavamont is also entitled to sue the Customer at the Customer's general place of jurisdiction.
(3) The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has habitual residence.
(4) Should individual provisions of these T&C be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the valid provision that comes closest to what is economically intended.
(5) Amendments and supplements to these T&C as well as individual agreements require text form (email is sufficient). This also applies to the modification of this clause itself.
Last updated: 2026