Terms and Conditions (AGB)
Effective: November 2025
§ 1 Scope
These Terms and Conditions apply to all contracts, services, and business relationships between OMARINO IT Services inh. Omar Zaror (hereinafter "Provider") and the customer, unless otherwise expressly agreed in writing. Conflicting or deviating terms of the customer shall not apply unless the Provider expressly agrees to them in writing.
§ 2 Contract Conclusion
Offers presented on the website are non-binding. A contract is only concluded when the Provider sends a written order confirmation or begins performing the service. For digital products, contract conclusion occurs when access is granted or the download link is delivered. The Provider reserves the right to refuse or cancel orders.
§ 3 Services
The Provider offers IT services, web development, hosting, and related digital services. The specific scope of services is defined in the respective offer or service description. Changes to the scope of services require written agreement. The Provider is entitled to use subcontractors to fulfill contracts, remaining responsible for the services rendered.
§ 4 Prices and Payment
All prices are net prices plus the applicable statutory VAT (currently 19% in Germany), unless indicated otherwise. Invoices are due for payment within 14 days of invoice date without deduction, unless otherwise agreed. In case of late payment, statutory default interest applies. The Provider reserves the right to adjust prices for ongoing service agreements with appropriate notice.
§ 5 Duration and Termination
Service agreements of indefinite duration may be terminated by either party with a notice period of four (4) weeks unless otherwise agreed. The right to extraordinary termination for good cause remains unaffected. Termination must be made in text form (e.g., email). Prepaid fees for unused periods will be refunded pro rata upon termination by the Provider without cause.
§ 6 Customer Obligations
The customer must provide all information and materials required for the proper performance of services in a timely and accurate manner. The customer is responsible for the lawfulness of content they provide. The customer undertakes not to use the services for illegal purposes, to distribute harmful or fraudulent content, or to infringe third-party rights.
§ 7 Liability
The Provider is liable without limitation for damages arising from injury to life, body, or health, as well as for damages caused by intentional or grossly negligent acts. For slightly negligent breaches of essential contractual duties (cardinal duties), liability is limited to foreseeable, contract-typical damages. Liability for pure financial loss, loss of profit, or indirect damages is excluded to the extent legally permissible. These limitations apply correspondingly in favor of employees, representatives, and subcontractors.
§ 8 Warranty
For defects in software or digital products, the Provider is entitled to initially choose between subsequent performance (repair) or replacement delivery. If subsequent performance fails twice, the customer may reduce the price or withdraw from the contract. The warranty period is twelve (12) months from delivery, unless statutory law mandates a longer period.
§ 9 Retention of Title
The Provider retains ownership of all delivered works, source code, and Digital assets until full payment has been received. Usage rights are granted to the customer only after full payment. The customer may not transfer, sublicense, or otherwise dispose of the delivered items prior to full payment.
§ 10 Data Protection
The Provider processes personal data in accordance with applicable data protection law (GDPR). Details on data processing can be found in our Privacy Policy. The customer is responsible for ensuring that any personal data they provide to the Provider has been collected lawfully and that required consents have been obtained.
§ 11 Right of Withdrawal
Consumers (natural persons acting outside their professional or commercial activity) have a statutory right of withdrawal of fourteen (14) days from the date of contract conclusion pursuant to §§ 312g, 355 BGB. Information on the exercise of the right of withdrawal is provided in a separate withdrawal policy. The right of withdrawal does not apply to digital content if performance has begun with the consumer's express consent and acknowledgment that the right of withdrawal is lost.
§ 12 Final Provisions
German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from contracts with merchants, legal entities under public law, or special funds under public law is Laupheim, Germany. If individual provisions of these Terms are invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the legally permissible provision that comes closest to the economic purpose of the invalid provision.
OMARINO IT Services inh. Omar Zaror · Biberacherstr. 6 · 88471 Laupheim · Germany · omar@omarino.de