ffischerdev.

Terms of Service

for software development, consulting, maintenance/support and SaaS services

fischerdev UG (haftungsbeschränkt) – Last updated: 23 June 2026

Section 1 – Scope, Contracting Parties

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts between fischerdev UG (haftungsbeschränkt), Treffentrill 6, 74389 Cleebronn, represented by its managing director Fabian Fischer, registered in the commercial register of the Stuttgart Local Court under HRB 798430 (hereinafter the "Contractor"), and the customer (hereinafter the "Client") concerning the provision of services in the areas of software development, IT consulting, maintenance, support and Software-as-a-Service (SaaS).

(2) The GTC apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), to legal entities under public law and to special funds under public law. No contract is concluded with consumers (Section 13 BGB).

(3) Deviating, conflicting or supplementary general terms and conditions of the Client do not become part of the contract unless the Contractor expressly agrees to their application in writing. This also applies where the Contractor renders services without reservation while being aware of the Client's terms and conditions.

(4) In their version valid at the time the contract is concluded, these GTC also apply as a framework agreement to all future contracts with the same Client, without the Contractor having to refer to them again in each individual case.

Section 2 – Conclusion of Contract, Description of Services

(1) The Contractor's offers are subject to change and non-binding unless they are expressly marked as binding. A contract comes into existence through the Contractor's written order confirmation, through the signing of an individual contract (e.g. service specification, statement of work, contract for work) or through the actual commencement of performance.

(2) The content and scope of the services follow primarily from the respective individual contract or service specification. These GTC apply in addition. In the event of conflicts, the following order of precedence applies: (a) the individual contract/service specification, (b) any annexes (e.g. service level agreement, data processing agreement), (c) these GTC.

(3) Depending on the agreement, the Contractor's services include in particular:

  • Custom software development (contract for work, Werkvertrag)
  • IT consulting and conceptual design (service contract, Dienstvertrag)
  • Maintenance, upkeep and support of existing software (service or work contract depending on the subject matter)
  • Provision of software as SaaS (rental agreement pursuant to Sections 535 et seq. BGB, applied by analogy)

(4) No particular commercial usability or any particular success beyond the contractually agreed subject matter of the services is owed, unless expressly agreed otherwise in writing.

(5) Where the contractually agreed quality of the service deviates from the customary quality of comparable services (negative quality agreement) – in particular when providing a prototype, a Minimum Viable Product (MVP), a beta or test version, a variant reduced in functional scope or quality, or a version expressly not intended for productive operation – this must be expressly marked as such in the individual contract and confirmed by the Client. In such a case, the quality so agreed conclusively defines the owed subject matter of the service; it does not constitute a defect.

Section 3 – Client's Duties to Cooperate

(1) The Client is obliged to support the Contractor in the provision of services to a reasonable extent. This includes in particular the timely, complete and free-of-charge provision of all necessary information, data, access, test systems, contact persons, licences as well as any hardware and software.

(2) The Client shall designate a technically and organisationally responsible contact person who is authorised to make binding decisions on the course of the project.

(3) The Client is responsible for backing up its own data. Prior to any intervention by the Contractor in productive systems, the Client must carry out complete and restorable data backups.

(4) If the provision of services is delayed due to insufficient cooperation by the Client, agreed deadlines shall be postponed appropriately. Any additional expenditure incurred by the Contractor as a result shall be remunerated separately at the agreed hourly rates.

Section 4 – Remuneration, Payment Terms

(1) The remuneration follows from the respective individual contract. Depending on the agreement, billing is on a fixed-price basis, on a time-and-material basis, or as a flat fee (e.g. monthly retainer or SaaS fee).

(2) For time-and-material billing, the hourly rates agreed in the individual contract apply. All services rendered for the Client are recorded in commenced 15-minute units. On request, the Contractor provides a monthly activity record.

(3) Fixed prices relate exclusively to the scope of services defined in the individual contract. Services that go beyond this (change requests) are commissioned separately and remunerated at the agreed hourly rates or as an additional fixed price.

(4) All prices are stated in euros plus statutory value-added tax. Travel costs, expenses and disbursements are invoiced separately against proof, unless expressly agreed otherwise.

(5) Invoices are due for payment without deduction within 14 days of the invoice date. Monthly flat fees and SaaS fees are invoiced in advance at the beginning of the respective billing period.

(6) In the event of default in payment, the Client owes default interest of nine percentage points above the base rate as well as a flat fee of EUR 40.00 pursuant to Section 288 (5) BGB. The right to assert further damages remains reserved.

(7) In the event of default in payment, the Contractor is entitled, after prior written notice, to withhold further services until the arrears have been settled in full. For SaaS services, the Contractor is further entitled to block access; this does not release the Client from its payment obligation.

(8) The Client may only set off against undisputed or legally established counterclaims. The Client may assert a right of retention only on the basis of counterclaims arising from the same contractual relationship.

(9) For services under a contract for work – in particular website creation (Section 9a) – the Contractor is entitled to demand an advance payment of up to 60% of the agreed remuneration. Performance of the services only begins after receipt of the advance payment. The advance payment is offset against the final invoice.

(10) Recurring fees (in particular hosting, maintenance, SaaS and rental fees) may be collected by the Contractor following the granting of a SEPA business-to-business direct debit mandate or a SEPA core direct debit mandate. The period for the pre-notification is shortened to one day. The Client ensures that the account has sufficient funds; costs arising from a returned direct debit are borne by the Client to the extent the Client is responsible for the return.

(11) Insofar as no hourly rate has been agreed in the individual contract for services billed by time spent, an hourly rate of EUR 120.00 net per commenced hour applies.

Section 5 – Performance Periods, Deadlines

(1) Performance periods and deadlines are binding only if they have been expressly agreed in writing as binding.

(2) Events of force majeure that substantially impede or render impossible the Contractor's provision of services entitle the Contractor to postpone the service by the duration of the impediment plus a reasonable start-up period. Force majeure includes in particular pandemics, strikes, lock-outs, large-scale internet and power outages, interventions by public authorities, the failure of critical upstream suppliers (e.g. cloud providers) as well as the failure of key personnel without prior notice.

Section 6 – Special Provisions for Software Development (Contract for Work)

(1) The development of custom software is carried out on the basis of the requirements set out in the individual contract (e.g. functional specification, requirements specification, user stories, epics).

(2) The Contractor is entitled to render and have accepted the service in partial deliveries. Partial acceptances are permissible and customary.

(3) Acceptance takes place formally by written declaration of the Client following an agreed acceptance procedure (e.g. acceptance tests). If the Client has not declared acceptance within 14 days of provision for acceptance or has not given written notice of specific material defects, the service is deemed accepted. The same applies if the Client uses the software productively.

(4) Immaterial defects do not entitle the Client to refuse acceptance.

(5) The Contractor is entitled to use subcontractors and freelancers to perform the services. The Contractor remains responsible to the Client for the proper performance of the services.

Section 7 – Special Provisions for Consulting Services (Service Contract)

(1) Consulting services are rendered as services within the meaning of Sections 611 et seq. BGB. The Contractor owes professional advice, but not any particular commercial or technical success.

(2) The Contractor's recommendations are non-binding. The decision on their implementation and the responsibility for the implementation lie with the Client.

(3) The Contractor is free in the choice of its working methods and tools and is not bound by instructions in the professional execution of its services. The engagement does not establish an employment relationship or a position comparable to that of an employee.

Section 8 – Special Provisions for Maintenance and Support

(1) The subject matter of the maintenance and support services are the services described in the individual contract or service level agreement (SLA), in particular fault rectification, upkeep, updates, patches and support requests (incident management).

(2) Unless agreed otherwise, support services are rendered on working days (Monday to Friday, excluding public holidays at the Contractor's registered office) from 09:00 to 17:00.

(3) Response and restoration times apply only insofar as they are expressly agreed in an SLA. They begin upon receipt of a proper fault report via the agreed reporting channel.

(4) Maintenance does not cover services required due to faults caused by improper operation, interventions by third parties, changes to the operating environment or force majeure. Such services are remunerated separately according to time spent.

Section 9 – Special Provisions for SaaS Services

(1) For SaaS services, the Contractor makes the software designated in the individual contract available to the Client for use for a limited time via the internet. The software is not transferred to the Client's systems; the provisions of Sections 535 et seq. BGB apply accordingly.

(2) The Contractor operates the software in an infrastructure provided by the Contractor or by a third party (e.g. cloud provider). The handover point is the router output of the data centre in which the software is operated.

(3) The Contractor owes an availability of the SaaS service of 98.0% on an annual average, unless a different value is agreed in the individual contract. Non-availability does not include scheduled maintenance windows announced by the Contractor with reasonable advance notice, outages outside the Contractor's area of responsibility (in particular internet backbone, DNS, third-party services), or periods during which the service is unavailable for reasons for which the Client is responsible.

(4) For the term of the SaaS contract, the Client receives a non-exclusive, non-transferable, non-sublicensable right to use the software in accordance with the contract, within the number of users and functional scope agreed in the individual contract.

(5) The Client may not use the software outside the agreed scope of use, in particular may not make it accessible to third parties, with the exception of its own employees within the scope of the agreed users.

(6) The Client remains the owner of the data it enters into the software. After the end of the contract, the Contractor makes the data available for export on request for a period of 30 days in a customary market format. Thereafter, the Contractor is entitled and, where legally required, obliged to delete the data.

Section 9a – Special Provisions for Website Creation and the Hosting and Service Package

(1) Services and models. The services in the area of websites comprise (i) the one-time creation of a website (service under a contract for work, paragraphs 2 to 4) and (ii) ongoing operation in the form of a hosting and service package (continuing obligation, paragraph 5). Creation and ongoing operation are legally and economically independent services and are always shown as separate items in the offer (one-time setup/creation fee and ongoing monthly fee). Provision is made, according to the choice made in the individual contract, under one of the following models:

  • a) Purchase model. Creation and the hosting and service package are offered separately and accepted separately. The hosting and service package is optional; without its conclusion, the website is handed over in accordance with paragraph 6.
  • b) Rental model. Creation and the hosting and service package are combined in one offer and commissioned jointly upon its acceptance; they nevertheless remain shown as separate items in the offer.

(2) Website creation (contract for work). The Contractor creates the website in accordance with the requirements set out in the individual contract. Section 6 (acceptance) applies accordingly, with the proviso that the period under Section 6(3) for the website creation is seven days.

(3) Remuneration for creation; advance payment. Unless agreed otherwise in the individual contract, the one-time setup/creation fee is due as follows: (a) 60% as an advance payment after conclusion of the contract or order confirmation, (b) 40% after provision of the website for acceptance (go-live readiness). The advance payment relates exclusively to the setup/creation fee, not to the ongoing fee of the hosting and service package. Creation only begins after receipt of the advance payment. The advance payment is offset against the final invoice for the creation.

(4) Provision of the work product; reservation of rights. Upon full payment of the setup/creation fee, the Client acquires the rights of use in accordance with Section 10 and receives the website as a runnable container image (Docker image, compiled build) or – for purely static sites – as a static build output (paragraph 9). Operation of the website by the Contractor requires a hosting and service package pursuant to paragraph 5. Until payment in full, all rights of use and exploitation remain with the Contractor; the transfer of rights is subject to the condition precedent of receipt of payment in full.

(5) Hosting and service package. Ongoing operation of the website – in particular hosting, provision of the runtime environment, technical upkeep as well as security and functional updates – is rendered on the basis of a hosting and service package. Its conclusion takes place, depending on the model, separately (purchase model, paragraph 1 lit. a) or as a separately shown item of the overall offer (rental model, paragraph 1 lit. b). The monthly fee as well as the specific scope of services and availability follow from the respective offer; hosting alone is, depending on the scope of the website, regularly between EUR 29.00 and EUR 49.00 net per month, and further service components (e.g. upkeep, support) may be added separately. Ongoing billing is recurring and in advance (subscription); it begins, depending on the model, in the first or the third month after provision (go-live) in accordance with the offer. Sections 535 et seq. BGB and Section 9 apply accordingly to the hosting and service package.

(5a) Included changes (change quota). Insofar as the hosting and service package provides for a certain number of changes included per month, the following applies: A change comprises minor content adjustments to the existing website (in particular replacing or correcting texts, images, opening hours, prices or contact details) with an effort of up to 30 minutes each. Not included are, in particular, structural or design rebuilds, new subpages, new features, integrations as well as layout or design changes. The monthly quota cannot be carried over to other months; unused changes expire at the end of the calendar month without remuneration or credit. Services exceeding the quota or not covered are remunerated, after separate approval, at the hourly rate agreed in the individual contract (absent such agreement, pursuant to Section 4(11)).

(5b) Security updates. Within the scope of the hosting and service package, the Contractor provides security updates exclusively for vulnerabilities classified as highly critical (classification in particular on the basis of recognised standards such as CVSS, severity “critical”). A lead time of up to one month applies for installing them, calculated from the availability of a suitable update or from the Contractor becoming aware of it. Any further update or response obligation – in particular for updates of lower criticality or a specific availability or response time – exists only insofar as this is expressly agreed in a separate service level agreement (Section 8).

(6) Handover without a hosting and service package. If there is no hosting and service package (in particular under the purchase model without its conclusion), the Contractor provides the website in accordance with paragraph 4 as a container image or static build output; no hosting or other operation by the Contractor takes place. The Client is itself responsible for operation on its own infrastructure or on third-party infrastructure commissioned by it.

(7) Suspension of operation in the event of default in payment. If the Client is in default with fees due under a hosting and service package, the Contractor is entitled, after an unsuccessful reminder setting a reasonable period of at least 14 days and after prior notice, to temporarily suspend the availability of the website, in particular by displaying a neutral notice or maintenance page, until the outstanding claims have been settled in full. The Client's content and data are not deleted in this process. The suspension does not affect the Client's payment obligation for the contractual period. Following full settlement, the website is made available again without undue delay.

(8) No release of the source code. There is no claim to the release of the source code, the build and development environment, or the Contractor's Background IP (Section 10 (3)); Section 10 (2) remains unaffected.

(9) Provision format; migration. Provision pursuant to paragraph 4 is made as (a) the Client's content and data in a common, machine-readable format (in particular database export and media/asset files) and (b) a runnable container image (Docker image, compiled build) or – for purely static sites – a static build output. The Contractor's source code, build and development environment as well as Background IP are not included. Insofar as the container image contains proprietary Background IP components of the Contractor or requires them for its operation, the Contractor grants the non-exclusive and non-transferable licence necessary for independent operation only against a separate agreement and remuneration. Migration support going beyond provision (e.g. setup, adaptation, takeover of operation) is provided only upon separate commissioning and is remunerated at the hourly rate agreed in the individual contract, or, absent such agreement, pursuant to Section 4(11).

(10) Domain. If the Contractor registers or manages a domain at the Client's request, this is done for the account of the Client; the ongoing domain costs are borne by the Client. At the end of the contract, the Contractor transfers the domain, at the Client's request and after settlement of all outstanding claims, to the Client or to a provider designated by it (transfer/auth code), insofar as this is technically possible and possible at the registrar.

(11) Client content. The Client provides the content required for the website (texts, images, logos, trademarks) and warrants that it is entitled to use this content and that its publication does not infringe any third-party rights. The Client indemnifies the Contractor against third-party claims based on a breach of this obligation.

(12) Reference and promotion of the website (in addition to Section 10 (6)). The Contractor is entitled to use the website created for the Client for reference and advertising purposes. This includes in particular: (a) naming the Client (company, logo) as well as displaying screenshots, preview images and before/after views of the website; (b) linking to the Client's live website from the Contractor's website, portfolio as well as social media and other marketing and sales channels; (c) use in offer, pitch and sales documents. The Client may object to this use at any time with effect for the future in text form.

(13) Self-reference in the page footer (backlink). The Contractor is entitled to place a discreet reference to its authorship together with a link to its own website in the footer of the created website (e.g. "Website created by fischerdev" with a hyperlink). The Client may request the removal of this reference; in this case the Contractor is entitled to charge a one-time fee for this in accordance with the individual contract, or, absent such agreement, in the amount of EUR 149.00 net.

Section 10 – Rights of Use in Work Results

(1) Insofar as work results that are protected by copyright or otherwise eligible for protection arise in the course of the provision of services (in particular software, source code, documentation, concepts, specifications), the Contractor grants the Client, upon full payment of the agreed remuneration, a non-exclusive right of use, unlimited in time and territory, for the contractually intended purpose.

(2) An exclusive right of use, the right to modify and further develop, to sublicense or to transfer to third parties is granted to the Client only if expressly agreed in writing.

(3) The Contractor reserves all rights to tools, frameworks, libraries, templates, generic modules and know-how developed before the start of the contract or independently of the respective contract (hereinafter "Background IP"). These remain the unrestricted property of the Contractor. Insofar as such components have been incorporated into the work results, the Client receives a non-exclusive right of use, unlimited in time, within the scope of the contractual use of the work result.

(4) If open-source components or other third-party software are used in the work results (hereinafter "Third-Party Components"), the respective licence terms of these components take precedence over the provisions of this contract. On request, the Contractor documents the Third-Party Components used.

(5) The following applies in addition to Third-Party Components:

  • a) The Contractor does not warrant that Third-Party Components are fully compatible in all of the Client's operating environments or with future versions of other software.
  • b) Updates, patches, security updates and the ongoing maintenance of Third-Party Components are the responsibility of the Client, unless a maintenance contract (Section 8) with a corresponding scope of services has been expressly concluded.
  • c) The Client is obliged to use Third-Party Components only within the scope of their respective licence terms. The Contractor is not liable for breaches of these licence terms by the Client.
  • d) The Contractor is entitled to suspend, deactivate or replace the use of a Third-Party Component with a functionally comparable alternative if the Third-Party Component poses security risks, violates applicable law, or its licence terms are changed or revoked by the rights holder.
  • e) For damages arising from Third-Party Components – in particular due to errors, incompatibilities, data losses, downtime or security vulnerabilities of the Third-Party Components – the Contractor is liable only in accordance with Section 12.

(6) The Contractor may refer to the services rendered for the Client, naming the Client (company, logo), for reference purposes, unless the Client objects.

Section 11 – Warranty

(1) The Contractor warrants that the contractually owed services are free from defects of title and material defects. An insignificant deviation from the agreed quality does not constitute a defect.

(2) For services under a contract for work, the warranty period is twelve months from acceptance. For services under a service contract, the statutory provisions apply.

(3) The Client must give notice of defects without undue delay, in writing and in a comprehensible manner. The Contractor has the right to subsequent performance (cure), which is carried out at the Contractor's discretion by rectification or new delivery. If the subsequent performance fails twice, the Client is entitled to reduce the price or to withdraw from the contract in accordance with the statutory provisions.

(4) There are no claims for defects in the case of defects based on improper use, unauthorised changes or interventions by third parties.

(5) The Contractor assumes no warranty for the functionality of the service in the Client's operating environments that are changed after acceptance of the service. This includes in particular:

  • a) changes to the server configuration (operating system, runtime environments, database systems, web servers, container or orchestration platforms, network and security settings),
  • b) software updates, upgrades, downgrades or the switching of versions of server-side or client-side components that are not expressly designated as supported in the individual contract,
  • c) installation, uninstallation or configuration changes of further software, plugins, themes, extensions or integrations,
  • d) changes to the resource provisioning (CPU, RAM, storage, bandwidth, network topology) or to the cloud or hosting environment,
  • e) interventions in the source code, the configuration or the data basis of the service by the Client or by third parties commissioned by the Client.

(6) If changes pursuant to paragraph 5 lead to an impairment of the functionality of the service, the Contractor is not obliged to remedy this. The Contractor renders corresponding analysis and adaptation services at the Client's request only upon separate commissioning and against remuneration at the agreed hourly rates.

(7) For SaaS services, the lessor's strict (fault-independent) liability for initial defects pursuant to Section 536a (1) alt. 1 BGB is excluded.

Section 12 – Liability

(1) The Contractor is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the provisions of the German Product Liability Act, and to the extent of a guarantee assumed.

(2) In the case of slightly negligent breach of a material contractual obligation (cardinal obligation), liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded. Material contractual obligations are obligations whose fulfilment is essential to the proper performance of the contract in the first place and on whose compliance the Client may regularly rely.

(3) In all other respects, liability for slight negligence is excluded.

(4) The foreseeable amount of damage per case of damage is limited in amount to the net remuneration paid by the Client under the affected individual contract in the twelve months prior to the occurrence of the damage, but to a maximum of EUR 100,000.00 per damage event and EUR 250,000.00 for all cases of damage per contract year.

(5) For the loss of data, the Contractor is liable only in the amount of the expenditure that would have been necessary for restoration had the Client carried out proper and regular data backups. The Client is obliged to carry out a complete data backup at least once a day.

(6) The above limitations of liability also apply for the benefit of the Contractor's legal representatives, employees and vicarious agents.

Section 13 – Confidentiality

(1) The contracting parties undertake to keep secret all confidential information of the other party that becomes known in the course of performing the contract, not to disclose it to third parties, and to use it exclusively for the purposes of performing the contract.

(2) Confidential information is all information marked as confidential as well as information whose confidentiality arises from the circumstances, in particular business and trade secrets within the meaning of the German Trade Secrets Act (GeschGehG).

(3) The confidentiality obligation does not apply to information that (a) is generally known or becomes known without fault of the receiving party, (b) was demonstrably already known to the receiving party prior to disclosure, (c) must be disclosed due to a statutory, official or judicial obligation.

(4) The obligation continues to apply for a further three years after the end of the contract.

Section 14 – Data Protection

(1) The contracting parties comply with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

(2) Insofar as the Contractor processes personal data on behalf of the Client in the course of providing services, the parties conclude a data processing agreement (DPA) pursuant to Article 28 GDPR before the processing begins. The DPA forms part of the contract.

(3) The Contractor is entitled to process the Client's personal data (in particular contact persons) for the purpose of performing the contract. In all other respects, the Contractor's privacy policy applies, available at https://fischerdev.com/de/legal/privacy-policy.

Section 15 – Non-Solicitation

The Client undertakes, during the term of the contract and for a period of twelve months after its termination, not to solicit or have solicited any employees or freelancers of the Contractor who were involved in the provision of services. For each case of breach, the Client owes a contractual penalty in the amount of one gross annual salary of the solicited employee; the right to assert further damages remains unaffected.

Section 16 – Term, Termination

(1) The term of the individual contracts is governed by the respective individual contract.

(2) Contracts for one-time work or services end upon complete performance or acceptance.

(3) Contracts with ongoing services (maintenance, support, SaaS) may, unless agreed otherwise, be terminated by ordinary notice with a notice period of three months to the end of a minimum contract term of twelve months and, thereafter, at any time with a notice period of three months to the end of a month.

(3a) The hosting and service package (Section 9a (5)) is an ongoing service relationship within the meaning of paragraph 3 and is subject to the minimum contract term and notice period governed there. The one-time creation service (contract for work, Section 9a (2)) remains unaffected by this and ends upon acceptance.

(4) The right to extraordinary termination for good cause remains unaffected. Good cause exists for the Contractor in particular if the Client is in default with payments of more than two monthly amounts or files for insolvency or such a filing is made against it.

(5) Terminations require text form (Section 126b BGB). Email is sufficient.

Section 17 – Final Provisions

(1) 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).

(2) The exclusive place of jurisdiction for all disputes arising out of and in connection with this contract is, to the extent legally permissible, the Contractor's registered office.

(3) The place of performance for all services is the Contractor's registered office.

(4) Amendments and supplements to this contract and to the GTC require text form. This also applies to the waiver of this form requirement.

(5) The Contractor is entitled to amend these GTC with effect for the future. Amendments are announced to the Client in text form at least six weeks before they take effect. If the Client does not object to the amendments in text form within six weeks of receipt of the notice of amendment, the amendments are deemed approved. The Contractor will inform the Client of the significance of its silence in the notice of amendment.

(6) Should individual provisions of this contract or of the GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. The invalid or unenforceable provision shall be replaced by that valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The same applies to any gaps in the contract.