Terms of Service

Last updated: 29 April 2026

Plain English summary: We do great work, you pay on time. You own the final deliverable once paid in full. We keep 50% upfront. Either party may cancel with written notice. German law applies.

1. Parties

These Terms of Service ("Terms") govern the relationship between N&K Webdesign, Munich, Bavaria, Germany ("we", "us", "Agency") and the client ("you", "Client") who engages our services. By requesting a proposal, signing a project agreement, or making a deposit payment, you agree to these Terms.

2. Services

2.1 Scope

Services provided by N&K Webdesign include web design, web development, search engine optimisation (SEO), website redesign, and related digital services as described in the project proposal or statement of work ("Proposal") issued to the Client.

2.2 Project Proposal

Each project begins with a written Proposal specifying the deliverables, timeline, and price. The Proposal forms part of the contract between us and supersedes any prior verbal agreements. Changes to scope must be agreed in writing and may result in revised pricing and timeline.

2.3 Change Requests

Any changes to the agreed scope of work (including additional pages, features, or revisions beyond those specified) will be quoted separately and require written approval before work commences. We reserve the right to charge for time spent on scope changes at our standard hourly rate.

3. Payment Terms

3.1 Deposit

A non-refundable deposit of 50% of the total project fee is required before work begins. No design or development work will commence until the deposit is received.

3.2 Final Payment

The remaining 50% is due upon project completion, prior to the delivery of final files or website launch. "Completion" means all agreed deliverables have been produced and presented to the Client for approval.

3.3 Ongoing Services

For monthly retainer services (e.g. SEO, maintenance), invoices are issued monthly in advance and are due within 14 days of the invoice date.

3.4 Late Payment

Invoices not paid within 30 days of the due date may incur a late payment fee of 1.5% per month on the outstanding balance. We reserve the right to suspend work or withhold deliverables until outstanding balances are settled.

3.5 Currency

All prices are quoted in Euros (€) and are exclusive of VAT (Mehrwertsteuer) unless stated otherwise. VAT will be added at the applicable rate where required by German law.

4. Intellectual Property & Ownership

4.1 Client Materials

You retain full ownership of all materials you provide to us (logos, text, images, brand guidelines). By providing these materials, you warrant that you have the rights to use them and grant us a licence to use them for the purpose of completing your project.

4.2 Final Deliverables

Upon receipt of final payment in full, ownership of the final deliverables (custom design files and custom code written specifically for your project) transfers to you. We grant you a perpetual, royalty-free licence to use, modify, and distribute these deliverables.

4.3 Third-Party Components

Projects may incorporate third-party components including open-source libraries, stock images, fonts, and plugins. These remain subject to their respective licences. We will disclose all significant third-party components used in your project.

4.4 Portfolio Rights

We retain the right to display your completed project in our portfolio and marketing materials unless you request otherwise in writing prior to project completion.

4.5 Work in Progress

Prior to full payment, all work product remains the intellectual property of N&K Webdesign. Preliminary concepts, drafts, and working files not included in the agreed deliverables remain our property.

5. Client Responsibilities

To ensure a smooth project, you agree to:

Project delays caused by late client feedback, missing content, or unavailable access are the Client's responsibility and may affect the timeline and price.

6. Revisions

Each project phase includes a defined number of revision rounds as specified in the Proposal (typically two rounds per phase). Additional revision rounds beyond those included will be charged at our hourly rate. A "revision" is defined as minor adjustments to agreed work — it does not include changes to the fundamental scope or design direction.

7. Timeline

Estimated timelines are provided in good faith and are dependent on timely client cooperation. We are not liable for delays caused by late client feedback, missing materials, or factors outside our control (including third-party service outages). Where a firm deadline is critical, this must be agreed in writing in the Proposal.

8. Warranties & Representations

8.1 By N&K Webdesign

We warrant that:

8.2 By the Client

You warrant that:

9. Limitation of Liability

To the maximum extent permitted by law, our total liability to you for any claim arising from our services shall not exceed the total fees paid by you for the project giving rise to the claim. We are not liable for indirect, incidental, or consequential damages including lost profits, data loss, or business interruption.

We are not responsible for the ongoing maintenance, security, or performance of a website after project handover, unless a maintenance agreement is in place.

10. Confidentiality

Both parties agree to keep confidential any non-public information received from the other party in connection with the project ("Confidential Information"). Confidential Information shall not be disclosed to third parties without prior written consent, except as required by law. This obligation survives termination of the agreement for a period of three years.

11. Termination

11.1 By the Client

You may cancel a project at any time with written notice. The deposit is non-refundable. If cancellation occurs after work has begun, you will be invoiced for all work completed up to the cancellation date at our standard rates, less the deposit already paid. This amount is due within 14 days.

11.2 By N&K Webdesign

We may terminate a project if: the Client fails to pay an invoice within 30 days of the due date; the Client is unresponsive for more than 30 consecutive days; or the Client requests work that violates applicable law or our ethical standards. In such cases, we will invoice for all work completed to date.

12. Governing Law & Jurisdiction

These Terms and any disputes arising from them are governed by the laws of the Federal Republic of Germany. The exclusive place of jurisdiction for all disputes is Munich, Germany, to the extent permitted by law. EU consumers retain the right to bring proceedings in the courts of their country of residence.

The European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr. Our email for this purpose is main@nkwebdesign.de. We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

13. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be replaced with a valid provision that most closely reflects the original intent.

14. Entire Agreement

These Terms, together with any signed Proposal or project agreement, constitute the entire agreement between the parties and supersede all prior communications and understandings. Modifications must be in writing and signed by both parties.

15. Contact

N&K Webdesign
Munich, Bavaria, Germany
main@nkwebdesign.de