Terms of Service

Two things to know before you read on. First, we sell only to businesses — not to consumers. Second, this contract is governed by German law and the place of jurisdiction is Regensburg, Germany, because that is where we are. We say this at the top rather than burying it in the final clause.

1.1 These terms govern every contract for the „Kordala“ service between RatisbonaFlow UG (haftungsbeschränkt), Kleiststraße 2, 93077 Bad Abbach, Germany (“we”, “us”, “the provider”) and the customer.

1.2 We contract only with businesses, public bodies and public-law entities. We do not contract with consumers. By placing an order you confirm that you are acting in the course of your trade, business, craft or profession.

1.3 Your own terms and conditions do not become part of the contract, even if we do not expressly object to them.

2.1 We build a website to your specifications, operate it on our platform, and maintain its content for the duration of the contract.

2.2 The scope follows from the offer or order you accepted, together with the price list in force when the contract was concluded.

2.3 This is a service, not a licence for software. You deliberately receive no login to any editing or administration system; we make changes for you. If you would rather do it yourself, we are the wrong provider and would rather say so now.

2.4 You can request changes informally — by email, phone or messenger. No particular form is required.

3.1 Descriptions on our website and in price lists are not binding offers.

3.2 The contract is formed when you complete a checkout or payment link we sent you, or when you accept a written offer and we confirm it.

3.3 Payments are handled by Stripe Payments Europe, Ltd. Invoices are issued by Stripe on our behalf and carry Stripe’s own numbering.

4.1 The recurring fee covers hosting, technical operation, security updates, TLS encryption and ordinary content maintenance.

4.2 Ordinary maintenance means the changes a business typically needs — in practice a handful each year: revised prices, opening hours, contacts, text, individual images. We usually publish small changes the same working day; larger ones we schedule with you first.

4.3 If the volume of change requests exceeds this on a lasting and substantial basis, we will tell you and agree an adjustment with you. We will not quietly start billing hours.

4.4 Work beyond the agreed website — additional sections, online shops, booking systems, customer portals — is not included and requires a separate order.

4.5 We work Monday to Friday, excluding public holidays in Bavaria, Germany. Continuous availability of staff is not owed. Please allow for the time difference: we are six to nine hours ahead of the continental United States, so a request sent in your afternoon is normally answered the following morning.

5.1 You supply the material for the website — text, images, logo, company details — and name a contact person.

5.2 You are responsible for the accuracy and legality of the material you supply. You warrant that you hold all necessary rights in the images, text and marks you give us.

5.3 You are responsible for the content and completeness of the legally required pages of your website, in particular any imprint, privacy notice and accessibility statement your jurisdiction requires. We provide the technical container and will point out gaps we notice. We do not give legal advice and are not permitted to.

5.4 If you do not meet these obligations after a reminder and a reasonable deadline, our dependent obligations are suspended. Your obligation to pay is unaffected.

5.5 You indemnify us against third-party claims arising from material you supplied or approved, including reasonable costs of legal defence. We will notify you of any such claim without delay.

6.1 The material you supply remains yours. You grant us a simple, non-exclusive right, limited to the term of the contract, to use it for the purpose of building, displaying, storing and backing up your website.

6.2 The platform — the underlying software, templates and programming — remains ours. You acquire no claim to source code or to any licence in the platform itself.

6.3 For the term of the contract you receive a simple right to use the individual design of your website to present your business.

7.1 The domain is registered in your name and you are its holder. On request we will register and administer it on your behalf.

7.2 You bear the recurring cost of the domain. We give no warranty as to availability or as to the allocation rules of the relevant registry.

7.3 When the contract ends the domain stays with you. We will co-operate with a transfer and provide the details needed for it.

8.1 All prices are exclusive of any applicable taxes, duties or levies, which are added where they arise.

8.2 The one-off setup fee falls due on conclusion of the contract.

8.3 The recurring fee is payable in advance for each billing period. The first recurring payment falls due when your website goes live, and at the latest on the date shown during checkout. If publication is delayed because you have not supplied content or approval, that date still applies.

8.4 Payment is by card or direct debit through our payment provider. You keep a valid payment method on file.

8.5 In the event of late payment the statutory rules apply. After an unsuccessful reminder and a reasonable further deadline we may suspend our services. Your website is never taken down automatically. Any suspension is decided case by case and announced to you beforehand.

9.1 On monthly billing the contract runs indefinitely. Either party may terminate with one month’s notice to the end of a calendar month.

9.2 On annual billing the minimum term is twelve months. It renews for successive twelve-month periods unless terminated with one month’s notice before the end of the current term. The discount on annual billing is the consideration for that commitment.

9.3 Notice must be given in text form; an email is enough.

9.4 The one-off setup fee is not refunded, in whole or in part, if the contract ends early. It pays for building the website, which is complete once the site is built.

9.5 The right of either party to terminate for good cause is unaffected.

10.1 We provide availability of the published website of 99 % measured over a calendar year.

10.2 Excluded from that figure are announced maintenance windows, events of force majeure, failures of upstream providers (in particular hosting, database and network operators) and circumstances for which you are responsible. We place maintenance in low-traffic hours where possible and announce it with reasonable notice.

10.3 No availability is owed during the build phase, that is before you have approved the site and it has gone live.

11.1 We may develop the platform technically, provided the agreed scope of service is not materially reduced.

11.2 We may adjust the recurring fee, but not earlier than twelve months after the contract was concluded and not more than once in any twelve-month period. We will announce an adjustment in text form at least six weeks before it takes effect.

11.3 If the fee increases, you may terminate the contract with effect from the date the increase takes effect. We will point this out in the announcement. If you do not terminate, the adjustment is deemed accepted.

12.1 Where we process personal data of visitors to your website — for example entries from an enquiry form — we do so on your instructions and on your behalf. The data processing agreement required by Article 28 GDPR forms part of these terms; it is available at kordala.com/data-processing and is concluded together with this contract.

12.2 We engage sub-processors for hosting, database, image delivery and email. They are named in Annex 2 to that agreement. We will inform you in text form at least four weeks before adding or replacing one; you may object for good cause.

12.3 You remain responsible for the lawfulness of the processing you initiate and for informing data subjects.

12.4 We are established in the European Union, so the GDPR applies to our processing regardless of where you or your visitors are located.

13.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulent concealment of a defect, to the extent of any guarantee given, and under the German Product Liability Act.

13.2 For simple negligence we are liable only for breach of a material contractual obligation — an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may regularly rely. In that case liability is limited to the foreseeable damage typical for this type of contract.

13.3 For loss of data our liability is limited to the cost of restoration that would have been incurred had you kept proper and regular backups.

13.4 Any further liability is excluded. These limitations also apply for the benefit of our legal representatives and agents.

13.5 Your claims become time-barred twelve months after the statutory limitation period begins. This does not apply in the cases covered by 13.1.

14.1 When termination takes effect we take the website offline.

14.2 On request you receive your material back — text, images and logo — in a common format. We charge nothing for this.

14.3 On separate request we will export your website as a standalone project that you can continue to run with another provider. This export is charged on a time and materials basis. We do not hold anyone hostage with technology.

14.4 We delete your data 30 days after the contract ends, unless statutory retention obligations require otherwise. We will delete sooner on request.

15.1 These terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

15.2 The exclusive place of jurisdiction for disputes arising from this contract is Regensburg, Germany, to the extent permitted by law.

15.3 Amendments and additions require text form. This also applies to any waiver of this form requirement.

15.4 If any provision is or becomes invalid, the remaining provisions remain unaffected.

15.5 These terms were drafted in German and translated into English for your convenience. In the event of a discrepancy, the German version at kordala.com/agb prevails.