Terms & conditions

These Terms and Conditions (T&C) apply to all contracts for design, development, consultancy and related services between Andrii Brodskyi – Nordlicht Agency, Lychener Str. 74, 10437 Berlin (“Nordlicht” or “we”) and its clients (“Client”).

Conflicting or deviating terms of the Client only become part of the contract if we expressly agree to them in text form. Individual agreements always take precedence over these T&C.

Nordlicht provides services in particular in the areas of web design and web development, AI consultancy and implementation, and app development, including concept, design, programming, support and advice.

The specific scope of services follows from the respective offer or order confirmation. We provide our services with professional care; a particular commercial outcome (e.g. revenue or ranking results) is not owed unless expressly agreed.

Our offers are without obligation. A contract is concluded upon our order confirmation or when we begin providing the service. Communication in text form (e.g. email) suffices for offers, acceptance and subsequent agreements.

The Client provides all information, content (texts, images, logos), access and approvals required for the provision of services in good time, completely and in suitable form. The Client warrants that they hold the necessary rights to the content provided.

Delays due to missing cooperation extend agreed deadlines appropriately and may result in additional work, which we may charge separately.

Remuneration is based on the individual offer; it is agreed on a project basis (fixed price) or by effort. Unless stated otherwise, all prices are exclusive of statutory VAT.

Unless otherwise agreed, invoices are payable within 14 days of receipt without deduction. For larger projects, instalment payments are customary. If the Client is in default of payment, the statutory provisions apply.

Dates and deadlines are binding only if they have been expressly agreed as binding. Events of force majeure and delays for which the Client is responsible (e.g. late deliveries or approvals) extend the deadlines accordingly.

Where work results are owed, the Client examines them after delivery and declares acceptance in text form. The service is also deemed accepted if the Client, aware of completion, uses it productively, or if Nordlicht has set the Client a reasonable period for acceptance after completion and the Client has not refused acceptance within that period stating at least one defect. Where the Client is a consumer (§ 13 BGB), this acceptance fiction only applies if Nordlicht, together with the request for acceptance, has notified the Client in text form of the consequences of a failure to declare acceptance or an unjustified refusal. Insignificant defects do not entitle the Client to refuse acceptance.

We grant the Client the rights of use required for the agreed purpose to the works we create (e.g. designs, source code, concepts) after full payment. Until full payment, any granted use remains revocable.

Third-party, open-source or third-provider components used are subject to their respective licence terms. We are entitled to name the project as a reference and present it in our portfolio unless the Client objects in text form.

We warrant that our services have the agreed quality upon acceptance. In the event of defects we first have the right to subsequent performance. If this fails, the Client is entitled to the statutory rights.

Impairments caused by content provided by the Client, subsequent changes by third parties, improper use or changes to the technical environment (e.g. browser or platform updates) do not constitute defects.

We are liable without limitation in cases of intent and gross negligence, for injury to life, body or health, and under mandatory statutory provisions (e.g. the Product Liability Act).

In the event of slightly negligent breach of material contractual obligations (cardinal obligations), our liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded. In the event of data loss caused by slight negligence, our liability is limited to the effort that would have been required to restore the data had the Client ensured appropriate, regular data backups. The above provisions on unlimited liability remain unaffected.

Both parties treat the other party's confidential information as confidential and use it only for the purposes of the contract.

Where we process personal data on behalf of the Client, the parties conclude a data processing agreement pursuant to Art. 28 GDPR. Otherwise, our privacy policy applies.

Contracts for one-off services end upon full performance. Continuing obligations (e.g. maintenance, support, ongoing care) may be terminated by either party with 30 days' notice to the end of the month, unless otherwise agreed. The right to extraordinary termination for good cause remains unaffected. Terminations require text form.

Events of force majeure (e.g. natural events, failures of telecommunications or hosting infrastructure, official measures, pandemics) that significantly hinder or prevent our performance release us from the obligation to perform for their duration.

If the Client is a consumer (§ 13 BGB), they generally have a 14-day right of withdrawal for contracts concluded via distance selling. We provide separate information on the details, exceptions (e.g. where performance begins early at the express request) and the model withdrawal form before conclusion of the contract. Our services are predominantly aimed at entrepreneurs (§ 14 BGB).

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the Client is a consumer with habitual residence in another state, the mandatory consumer-protection provisions of that state remain unaffected by this choice of law. If the Client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Berlin.

Amendments and additions require text form. Should any provision be invalid, the validity of the remaining provisions is unaffected; the invalid provision shall be replaced by the legally permissible provision that comes closest to its economic purpose.