General Terms and Conditions (GTC)

Effective date: 01.11.2025

1. Scope and Definitions

These General Terms and Conditions ("GTC") apply to all consulting, design, development and marketing services provided by CanBeOnline (owner: Ibrahim Can Uyan, hereinafter "Agency"), offered through the website canbeonline.com as well as in direct business dealings with entrepreneurs, freelancers and legal entities under public law. Deviating conditions of the customer do not apply unless they have been expressly confirmed in writing. The customer acknowledges that they have read and accepted these GTC.

2. Agency Services

The agency offers in particular concept development, UX/UI design, web development, content implementation, technical maintenance as well as digital marketing services. Detailed scope, deliverables and timeline result from the respective offer, Statement of Work or project plan. Non-binding package selections on the website serve as orientation and do not constitute a binding offer by the agency.

3. Conclusion of Contract

1. An inquiry via the contact form, by e-mail, telephone or WhatsApp does not yet lead to the conclusion of a contract.
2. After receiving the inquiry, the agency creates an individual offer containing the concrete service description, remuneration, payment modalities and any milestones.
3. The contract is concluded when the customer confirms the offer within the period specified in the offer in writing or in text form or otherwise accepts it bindingly.
4. Changes or extensions of services require a supplementary agreement (Change Request) and may incur additional costs.

4. Customer's Obligations to Cooperate

The customer provides the agency with all information, content, accesses and feedback required for the project in a timely manner and in suitable form. Delays due to non-cooperation extend delivery deadlines accordingly and may result in additional costs.

5. Cooperation and Communication

1. Communication takes place primarily digitally (e-mail, project tools, video conferencing). Appointment meetings are arranged with appropriate advance notice.
2. The customer names a responsible contact person for decisions and releases.
3. Prototypes, drafts and intermediate results are considered working or preview stages and require final acceptance.

6. Acceptance, Corrections and Service Changes

1. After completion, the agency provides the result for acceptance. The customer reviews within the agreed period (usually 7 calendar days) and declares acceptance or names justified defects in writing or in text form.
2. If no response is given or the services are used productively, acceptance is deemed granted.
3. Minor deviations that do not substantially impair functionality do not justify refusal of acceptance.
4. Correction cycles and service changes are defined in the respective offer; changes beyond this are charged according to time spent or agreed rates.

7. Remuneration and Payment Terms

1. The prices specified in the offer apply. All price information is net plus statutory value-added tax, if applicable.
2. Payments are due without deduction within 14 calendar days of the invoice date.
3. For larger projects, advance payments may be agreed (e.g. 50% upon order placement, 50% before go-live).
4. If the customer is in default of payment, the agency may calculate default interest in statutory amount and suspend further services until outstanding amounts are settled.

8. Usage Rights

1. Upon complete payment, the agency transfers to the customer the non-exclusive usage rights defined in the offer for the finally accepted services.
2. Rights to drafts, concepts, source code, templates, libraries and tools remain with the agency unless expressly agreed otherwise.
3. The agency is entitled to use the project for reference purposes in portfolios, presentations and pitches after going live, unless the customer objects in writing.

9. Third-Party Services and Open Source

1. If licenses, plugins, stock material or hosting services from third parties are required for the project, the agency procures these on behalf of and for the account of the customer or points out corresponding procurement obligations.
2. When using open-source components, the respective license conditions apply, which the agency points out. The customer ensures that they permanently comply with these license conditions.

10. Liability

1. The agency is liable under the statutory provisions for intent and gross negligence. In case of slight negligence, it is only liable for breach of a material contractual obligation (cardinal obligation) and limited to the contractually typical foreseeable damage.
2. The agency is not liable for lost profit, indirect damages or consequential damages except in case of intent.
3. The liability limitation does not apply to damages from injury to life, body or health as well as claims under the Product Liability Act.

11. Warranty

1. The agency warrants that the services provided comply with the agreed specifications.
2. Complaints must be communicated in writing within 14 days of acceptance; hidden defects immediately upon discovery.
3. In the event of justified defects, the agency may, at its own discretion, remedy or deliver replacement. If subsequent performance fails, the customer may demand reduction or withdraw from the contract.

12. Data Protection and Confidentiality

The agency processes personal data solely within the scope of the data protection declaration and, if applicable, concluded order processing agreements. Both parties treat confidential information, access data and trade secrets strictly confidentially and use them exclusively for contract performance.

13. Term of Contract and Termination

Project-related contracts end with service provision and acceptance. Continuous contracts can be terminated with a notice period of 30 days to the end of the month in writing, unless otherwise agreed. The right to extraordinary termination for good cause remains unaffected.

14. Final Provisions

1. German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. Place of performance is the agency's registered office; jurisdiction is the agency's registered office if permissible.
3. If individual provisions of these GTC are invalid or become invalid, the validity of the remaining provisions remains unaffected. In place of the invalid provision, a valid provision that comes closest to the economic purpose applies.

Questions about these GTC can be answered by the agency at info@canbeonline.de, by telephone at +49 174 6955859 or via WhatsApp at +66 6-5487-1600.